STUPIDITY & CRUELTY BECOME TRADEMARKS OF TRUMP’S ICE – ONE FEDERAL JUDGE IN NY HAD ENOUGH – BLASTS POLICIES AS UNCONSTITUTIONAL!

https://slate.com/news-and-politics/2018/01/ice-is-out-of-control.html

From right, Rene Bermudez wipes away tears as he holds his 4-year-old daughter Danyca during a protest on behalf of his wife Liliana Cruz Mendez on May 23.
From right, Rene Bermudez wipes away tears as he holds his 4-year-old daughter Danyca during a protest on behalf of his wife Liliana Cruz Mendez on May 23.
Jim Watson/AFP/Getty Images

“Donald Trump hasn’t created the massive “deportation force” he promised as a candidate for president. But he has done the next best thing—boosting, bolstering, and unleashing the Immigration and Customs Enforcement agency, giving it broad authority to act at its own discretion. The result? An empowered and authoritarian agency that operates with impunity, whose chief attribute is unapologetic cruelty.

Under President Obama, who ramped up immigration enforcement even as he sought to protect large categories of unauthorized immigrants from deportation, ICE was a controversial agency whose practices came under heavy scrutiny from activists and some fellow Democrats. But in the year since Trump’s election, ICE has become something far more sinister: a draconian force for harassing and detaining people who pose no threat to the United States or its citizens.

And in keeping with one of President Trump’s first executive orders, which drastically expanded who the federal government considered a priority for deportation, the most striking aspect of ICE under this administration has been its refusal to distinguish between law-abiding immigrants, whose undocumented status obscures their integration into American life, and those with active criminal records—the “bad hombres” of the president’s rhetoric.

Erasing that distinction is how we get the arrest and detention of Lukasz Niec, a Polish immigrant and green card holder who was brought to the United States as a young child. Last week, ICE agents arrested Niec at his home in Michigan, citing two misdemeanor convictions for offenses that were committed when he was a teenager, according to the Washington Post. Although one of the convictions had been scrubbed from his record, it can still be used to remove him from the country. A practicing physician, Niec now sits in a county jail, awaiting possible deportation.

Niec’s standing as an affluent professional makes him an unusual case. More typical is the plight of Jorge Garcia, a 30-year resident of the United States who was recently deported to Mexico after his arrest by ICE. Married with two American-born children, Garcia was brought to the country as a child. He was working to secure legal status when, following Trump’s election, he was ordered to leave the country. In a statement to CBS News, ICE explained that anyone violating immigration laws “may be subject to immigration arrest, detention and … removal from the United States.” Despite its ability to exercise discretion, ICE has opted for an indiscriminate approach to immigration enforcement, arresting and detaining unauthorized residents regardless of whether they pose a threat to the public.

In its drive to remove as many undocumented residents as possible, ICE has begun deporting immigrants who make routine check-ins to their offices, even if those people are simply awaiting visas or green cards that would allow them to stay. Vice News recounts the story of Andre Browne, a Barbados native married to an American citizen. At a recent check-in with ICE agents, he was “arrested and forced to surrender all personal belongings.” He was jailed and now faces deportation. Similarly, in Virginia, a mother of two, Liliana Cruz Mendez, was detained following her regular check-in with immigration officials. Her offense? A traffic misdemeanor.

ICE’s tactics can have life-changing effects, even when its targets are spared deportation. The New Yorker tells of Alejandra Ruiz, brought to the United States as an infant. Last March, she was arrested by ICE agents citing a deportation order issued when she was a toddler. She was shackled and sent to an immigrant-detention facility operated by a private-prison firm. Ruiz was eventually released—she had filed a motion to reopen her childhood case for asylum—but it came at the cost of her livelihood: She lost her job as a senior care worker.

In addition to these activities, ICE is ramping up its mass raids in an effort to spread paranoia and uncertainty in cities with large undocumented populations. The agency is deliberately targeting these “sanctuary cities,” hoping to compel cooperation with their newly aggressive enforcement operations. This is all part of a larger strategy to create an atmosphere of fear and desperation for unauthorized immigrants. It’s behind President Trump’s decision to rescind Deferred Action for Childhood Arrivals and end deportation protections for immigrants from Haiti and El Salvador. Vox’s Dara Lind describes it as “a combination of policy and messaging to keep the threat of deportation hanging over immigrants’ heads” meant to make sure “they don’t get too comfortable here because they could be taken at any minute.”

Anti-immigration hard-liners describe these incidents in the bloodless language of “immigration enforcement,” but that obscures the violence and trauma of what’s happening on the ground: ICE is whisking people away to jails or private prisons and then exiling them from their homes and communities with little chance of recourse or recompense. And the pace is only increasing. While the overall number of “border removals”—those caught trying to cross the border—dropped last year, as a result of economic trends and Trump’s hard-line policies, the proportion of “interior removals” undertaken by ICE increased. Most deportations still involve immigrants from a handful of Latin American countries, but “[t]he number of deportees from other nations rose 24 percent in Trump’s first year,” reports NPR.

The administration is still hoping to increase those efforts. A proposal released by the White House last week asked Congress to grant additional funds to hire more ICE agents as part of an overall increase in “border security” that would be effectively traded for a path to citizenship for more than 1 million Dreamers.

It will be up to Democrats to block those additional funds and, perhaps, to build a broader case against ICE and its tactics. Some high-profile Democrats, like Sen. Kamala Harris of California, have already publicly condemned the agency. “ICE raids across the country have torn mothers apart from their children. The raids lack transparency, spread fear, and harm public safety,” she said last year in a Facebook post. More recently, following a report that ICE was planning raids in retaliation to a new California law limiting cooperation between local law enforcement and federal immigration authorities, Harris said that such raids would be “an abhorrent abuse of power.”

Given the extent to which Democrats have helped build the architecture for today’s ICE, Harris’ statements—as well as similar ones by House Minority Leader Nancy Pelosi—may mark the beginning of a new and needed skepticism toward the agency. And if so, then the logic of their critique doesn’t just point toward reform—it points toward a fundamental rethinking of immigration enforcement and a move away from the authoritarianism of ICE as it exists.

What the country needs, in other words, is an honest discussion about whether ICE can be effectively reformed or if it must be abolished and replaced by an agency that can carry out its mission in a more effective and humane way.”

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Meanwhile, over in the Southern District of New York, U.S. District Judge Katherine B. Forrest had enough of ICE’s “Gonzo” tactics following the mindless arrest of immigration activist Ravi Ragbir. She blasted ICE’s actions in ordering Ragbir’s release to say good-bye to his family and wind up his affairs. Judge Forrest characterized ICE’s actions in detaining Ragbir as “unnecessarily cruel.”

Here is a copy of Judge Forrest’s order in Ragbir v Sessions:

Ravi.Order

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Useless, counterproductive removals, waste of Government enforcement resources, irrationality, and unnecessary cruelty are, of course, at the heart of the Trump/Sessions/Miller immigration enforcement program. Certainly, the performance of ICE under Trump — not especially good at removing real criminals and threats or any other type of legitimate law enforcement — much better at busting minor offenders and law-abiding community members  and sowing terror in ethnic communities — provides a compelling argument that DHS does not need any additional enforcement agents.

Indeed, I have hypothesized that what Trump, Sessions, Miller, and the White Nationalists are really doing is building the DHS into an internal security police force that will be used against all of those the Administration fears or views as opponents of their “Totalitarian-Wannabe State.”

In the meantime, arbitrary use of force and calculated unnecessary cruelty are likely to remain staples of the DHS under Trump. That’s why ICE is fast becoming American’s most loathed, mistrusted, and unprofessional police force. Bouie might well be right. Assuming that America recovers from the Trump regime, unfortunately not necessarily a given, ICE might well need to be abolished and “replaced by an agency that can carry out its mission in a more effective and humane way.”

PWS

01-30-18

WHEN AL FRANKEN RESIGNS . . .

Please remember that immigrationcourtside.com was one of the first, if not the first, to call for him to go!

https://wp.me/p8eeJm-1Ij

(“Tuning in” to my prior blog on Franken at this link will also give you a great opportunity to review some of the endless intellectual dishonesty of Attorney General Jeff ”Gonzo Apocalypto” Sessions!)

Franken could and should have saved himself, his victims, his party, his Congress, and the public from unnecessary, distracting melodrama and trauma by doing “the right thing” right off the bat.

When will Democrats finally stop shooting themselves in the foot by acting like Republicans when caught red-handed in inappropriate and indefensible situations? Yeah, we live in the age of Trump and the spineless, captive, immoral GOP.

But, if Dems want to offer a “better alternative,” they need to start acting like it. Neither the Franken nor the Conyers debacles are encouraging signs. But, give Senator Kirsten Gillibrand (D-NY), Sen. Kamala Harris (D-CA), and other Democratic women Senators lots of credit for getting the ball rolling in the right direction, after the so-called “men” in their party failed.

PWS

12-06-17

NEW FROM TAL KOPAN AT CNN: DACA ON THE ROPES — “Only Congress can enact a permanent solution to the DACA situation!”

http://www.cnn.com/2017/08/15/politics/daca-anniversary-peril/index.html

Tal reports:

“Washington (CNN)Tuesday marks the fifth anniversary of a program that protects young undocumented immigrants from deportation — but supporters worry this one could be its last.

The Deferred Action for Childhood Arrivals program, or DACA, was implemented in 2012 under President Barack Obama, and President Donald Trump’s administration has continued running despite heated rhetoric against it from Trump on the campaign trail.
But DACA has arguably never been on shakier ground, and advocates for the program are desperately trying to protect it, including with a planned march Tuesday on the White House.
Nearly 800,000 undocumented immigrants have benefited from DACA, which protects individuals who were brought to the US illegally as children from deportation, and offers them the ability to work, study and drive legally. Applicants must meet certain criteria, pass a background check and maintain a clean record.
But despite the fact that the administration has continued to issue permits, concerns are increasing that the program could be ended.
“DACA is under grave threat,” Nevada Democratic Sen. Catherine Cortez Masto said on a conference call with reporters Monday.
Ten state attorneys general, led by Texas Attorney General Ken Paxton, have issued an ultimatum to the Trump administration — sunset DACA by September 5, or we’ll challenge it in court. The attorneys general have threatened to petition a court that’s considering a similar but separate Obama administration deferred action program, for parents, to also weigh the legality of DACA.
Experts believe that given the makeup of the court hearing the case, and its previous ruling against the parents program, the judges involved would likely strike down DACA as well.
If the court allows arguments against DACA, the Justice Department would be forced to decide whether it will defend the program. While Trump has recently spoken about how sympathetic he is to the “Dreamers” who receive DACA, saying the choice is “very, very hard to make,” he campaigned on a pledge to immediately rescind it. And the US attorney general, former Sen. Jeff Sessions, has been a chief opponent of the program.
The White House offered a cryptic statement on the program’s future, expressing only concern with illegal immigration.
“The President’s priority remains protecting the jobs, wages and security of American workers, families and communities — including the millions of Hispanic and African American workers disadvantaged by illegal immigration,” an administration official said.
On the call with reporters and a DACA recipient, Masto and California Democratic Sen. Kamala Harris extolled its virtues, citing estimates that the US economy would lose hundreds of billions of dollars without the contributions of DACA recipients.
“This is not just about what is morally right, this is not only a point about what is right in terms of fighting for the ideals of our country,” Harris said. “This is also right and smart in terms of public benefits.”
Both are co-sponsors of one bipartisan proposal to make the program permanent in Congress, the Dream Act, which also has three Republican co-sponsors. It’s one of four proposed bills that would codify DACA if the administration were to rescind it or the courts were to strike it down.
The Department of Justice did not respond to a CNN request for comment.
US Citizenship and Immigration Services, the division of the Department of Homeland Security, said the program remains under review.
“The Department of Homeland Security’s stance remains the same — the future of the DACA program continues to be under review with the administration,” said USCIS press secretary Gillian Christensen. “The President has remarked on the need to handle DACA with compassion and with heart. As a matter of policy, we do not comment on pending litigation, but we have said before only Congress can enact a permanent solution to the DACA situation.”
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I think the last statement in Tal’s article, from USCIS, hits the nail on the head. Congress has to come up with a solution to this issue or there will be chaos. Imagine another 800,000 cases of young people thrown into the U.S. Immigration Courts on top of the 610,000 cases already there! It’s Jason Dzubow’s vision of “Trump’s 100 year deportation plan” in action. http://immigrationcourtside.com/2017/08/14/jason-dzubow-in-the-asylumist-trumps-101-year-plan-for-removals-malevolence-tempered-by-incompetence/
As Nolan Rappaport has pointed out, it’s unlikely that any of the pending bills, in their present forms, will attract enough GOP support to be enacted. http://immigrationcourtside.com/2017/08/07/n-rappaport-in-the-hill-dems-dreamer-bill-offers-false-hope/
But perhaps Democrats and some willing Republicans can work on a compromise legislative solution. Otherwise, the results aren’t likely to be pretty — for the Dreamers or for our country’s future.
PWS
08-15-17