THE HILL: NOLAN SAYS THAT HAITIAN TPS WAS NEVER INTENDED TO BE PERMANENT!

http://thehill.com/opinion/immigration/362133-haitis-temporary-protected-status-was-never-intended-to-be-permanent

Nolan writes:

“Seven years later, after a series of TPS extensions had been granted, Duke announced that the conditions which were the basis for Haiti’s TPS designation no longer existed.

Among other things, the number of people displaced by the earthquake has decreased by 97 percent.  Steps have been taken to improve the stability and quality of life for Haitian citizens, and Haiti is now able to safely receive traditional levels of returned citizens.  Moreover, Haiti has demonstrated a commitment to preparing for the return of its nationals when the TPS designation is terminated.

The Haitian TPS aliens have little recourse if they disagree with Duke’s evaluation of conditions in Haiti.  Section 244(b)(5)(A) prohibits judicial review of any determination with respect to the designation, termination, or extension of TPS.

Moreover, it is apparent that Congress did not want TPS aliens to remain in the U.S. when their status has been terminated.  Section 244(h)prohibits the senate from considering legislation that would adjust the status of TPS aliens to that of a lawful temporary or permanent resident.

This prohibition can be waived or suspended but it requires a supermajority, “an affirmative vote of three-fifths of the Members of the Senate duly chosen and sworn,” which is very difficult to obtain.

If Haitian TPS aliens want to remain lawfully in the U. S. when their status expires, they have to find a way to obtain lawful status that would not be related to their TPS status, or seek a new grant of TPS on the basis of current conditions in Haiti.”

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Go on over to The Hill at the link to read Nolan’s complete article.

  • Nobody outside of the Trump Administration and GOP restrictionists believes that the conditions in Haiti have significantly improved to the point where 60,000 individuals can be safely resettled.
  • Indeed, the Haitian Government itself refutes that idea:

http://www.miamiherald.com/news/nation-world/world/americas/article177922561.html

  • In any event, the idea that the Trump Administration would find itself “legally compelled” to terminate TPS is questionable. Certainly, given the Haitian Government’s position, it would have been possible for the Administration to find that conditions had not significantly improved. However, this wouldn’t have suited their political purposes or played to their anti-immigrant base.
  • Returning the Haitian TPS individuals at this point is little short of nonsensical. A responsible Administration would have proposed some type of long-term legislative solution that would allow the Haitians, who are indeed now part of and contributing to our society, particularly in Florida, to remain in some type of legal status, with or without a “path to citizenship.”

PWS

11-28-17

 

THE GIBSON REPORT — 11-27-17

GIBSON REPORT, 11-27-17

HEADLINES:

“TOP UPDATES

 

Decision to terminate the TPS designation for Haiti

DHS: “Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. This decision follows then-Secretary Kelly’s announcement in May 2017 that Haiti had made considerable progress, and that the country’s designation will likely not be extended past six months.”

 

The “Sanctuary” Battle Continues: Court Permanently Enjoins Executive Order Sanctuary Provisions

ImmProf: “A federal judge has permanently blocked President Donald Trump’s executive order to cut funding from “sanctuary cities,” cities that limit cooperation with U.S. immigration enforcement authorities.   U.S. District Court Judge William Orrick issued the ruling [] in lawsuits brought by two California counties, San Francisco and Santa Clara. Judge Orrick said Trump cannot set new conditions on spending approved by Congress.  The ruling is here.  Download Summary-Judgment

 

Debate over whether DACA will be addressed in spending bill

CNN: “Durbin and Graham remained flexible as to whether the immigration deal would decide their votes. If Congress is unable to pass a spending bill by midnight on December 8, the government will shut down.”

See also: With chances of immigration deal fading, Dreamer supporters mount big push

 

How Trump is building a border wall that no one can see

WaPo: “Across agencies and programs, federal officials are wielding executive authority to assemble a bureaucratic wall that could be more effective than any concrete and metal one.”

 

Police in Trump-supporting towns aid immigration officials in crackdown

Reuters: “Dozens of police departments in the United States have been granted new powers, or are seeking them, to check the immigration status of people they arrest, aiding President Donald Trump’s broad crackdown on people living in the country illegally.”

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·                4/30/17 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)

****************************************************************

PWS

11-27-17

“LET THE HAITIANS STAY” — IT’S THE RIGHT THING TO DO!

The NY Times Editorial Board writes:

“The Temporary Protected Status program provides the sort of assistance the United States should be proud to extend to foreigners fleeing civil unrest, violence or natural disasters. Enacted by Congress in 1990, it currently offers safe and legal harbor to 437,000 people from 10 countries. Many stay for a long time, their status regularly extended because of continued turmoil in their homelands.

That, alas, is a far cry from the spirit of the Trump administration. But even President Trump’s bombastic pledges to throw up a Mexican border wall, expel illegal immigrants and bar entry to Muslims are different from expelling people who, though they may have entered the United States illegally, have been allowed to stay legally, often for many years, with solid jobs and large families, while their homelands remain unsettled or dangerous.

On Thanksgiving, of all days, the Department of Homeland Security is to announce whether it will extend the temporary protected status that was granted to about 50,000 Haitians when their country was devastated by an earthquake in 2010. Their stay has been regularly extended, but in May, John Kelly, then secretary of homeland security and now the White House chief of staff, gave them only six more months, explicitly to get ready to go home. Unless their status is extended this week, they must leave by Jan. 22.

By any reasonable measure, Haiti is not ready to take them back. The destitute country has never fully recovered from the 2010 earthquake or the cholera epidemic that followed. Last year, Hurricane Matthew added even more suffering. The country does not have the resources to absorb 50,000 people, and the money they have sent back is a critical source of income for their relatives and homeland.

Every member of Congress who represents South Florida, where most of these Haitians live, is in favor of extending their status. One of them, Representative Ileana Ros-Lehtinen, a Republican from Miami, is among the congressional members of both parties who have proposed legislation that would allow these immigrants to eventually apply for permanent residency, which is not possible under current rules.”

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Read the full editorial at the link.

Haitians seem to have gotten the “short end” of US immigration, refugee, and humanitarian policies over the years.

Let’s take a look at the latest Country Report on Human Rights issued by the US State Department:

“The most serious impediments to human rights involved weak democratic governance in the country worsened by the lack of an elected and functioning government; insufficient respect for the rule of law, exacerbated by a deficient judicial system; and chronic widespread corruption. Other human rights problems included significant but isolated allegations of arbitrary and unlawful killings by government officials; allegations of use of force against suspects and protesters; severe overcrowding and poor sanitation in prisons; chronic prolonged pretrial detention; an inefficient, unreliable, and inconsistent judiciary; governmental confiscation of private property without due process. There was also rape, violence, and societal discrimination against women; child abuse; allegations of social marginalization of vulnerable populations; and trafficking in persons. Violence, including gender-based violence, and crime within the remaining internally displaced persons (IDP) camps remained a problem. Although the government took steps to prosecute or punish government and law enforcement officials accused of committing abuses, credible reports persisted of officials engaging in corrupt practices, and civil society groups alleged there was widespread impunity.”

Sound like a place where 50,000 additional refugees can be safely returned and reintegrated? Preposterous!

No, the only thing that has changed here is the political motivation of the Administration; TPS — some of the most successful, efficient, and cost effective migration programs the US has ever run — has become a target of the xenophobic, White Nationalist, restrictionist wing of the GOP.

Allowing 50,000 Haitians already residing here to remain costs the US nothing — in fact their continued presence is good for the US economy and our international image. Not to mention that many of the Haitian TPS holders have relatives with legal status in the US.

On the other hand, pulling TPS and removing these individuals could have catastrophic consequences for the individuals involved, their families, and their US communities. And, it’s likely to overwhelm Haiti, a country that has already proved unable to take care of its existing population.

Anywhere but the Trump Administration, extending TPS for Haitians and others while looking for a long-term solution that would give them some type of permanent status in the US would be a “no brainer.” But, in the Trump Administration immigration and refugee policies appear to be driven largely by a policy of “no brains” — just unnecessary cruelty, wasting resources, diminishing our international humanitarian standing, and playing to the xenophobia, racism, and hate of the White Nationalists.

PWS

11-20-17

O CANADA: TRUMP POLICIES AID CANADIAN LOBSTERMEN AT THE EXPENSE OF MAINE! — CANADA BRACES FOR INFLUX OF “TPSers” FLEEING US!

Ana Swanson reports in the NY Times:

“When Americans think about lobster, Maine often comes to mind. But Nova Scotia has emerged as a fierce competitor in exporting lobsters, particularly to Europe. Last year, American lobstermen sold only slightly more to Europe than their Canadian counterparts.
That balance could soon shift given the Canadian-European trade pact, which eliminated an 8 percent European tariff on live lobster when it went into effect in September. Tariffs on frozen and processed Canadian lobster will be phased out in the next three to five years as part of the agreement.
The elimination of European tariffs is “the single most challenging issue” for the American lobster industry, said Annie Tselikis, the executive director of the Maine Lobster Dealers’ Association, which represents companies that buy lobster from Maine fishermen. “This trade agreement does give Canada a huge leg up in the European marketplace,” she said.
Ms. Tselikis said the pact was encouraging American companies to invest in new facilities in Canada to qualify for the lower European tariff.
“If the argument is you’re not going to develop this trade policy because you’re worried about outsourcing jobs — well, here we are, potentially outsourcing jobs due to an absence of trade policy,” she said.”

Read the complete article here:

Meanwhile, Alan Freeman reports in the Washington Post that the Trump Administration might be on the verge of  driving tens of thousands of American residents with useful job skills over our Northern Border:

“OTTAWA — In late October, starkly worded warning signs began appearing on the Canadian border with New York state and Vermont aimed at discouraging would-be asylum seekers fleeing the United States.

“Stop. It is illegal to cross the border here or any place other than a Port of Entry. You will be arrested and detained if you cross here.”

“Not everyone is eligible to make an asylum claim,” reads a second sign. “Claiming asylum is not a free ticket into Canada.”

As the Trump administration signals that it may soon remove the Temporary Protected Status designation from more than 300,000 Central Americans and Haitians, threatening them with deportation, Canadian officials are bracing for a new wave of asylum seekers flooding over the border.

Already this week, acting U.S. Homeland Security Secretary Elaine Duke announced she was lifting protected status for 2,500 Nicaraguans, effective January 2019. And while she extended the same protection for 57,000 Hondurans until July 2018, she warned that protection may end at that time.

A new sign posted by Canadian authorities at the border between Canada and the United States. (Canada Border Services Agency)
The U.S. government decided to protect both groups from deportation following the devastation wrought by Hurricane Mitch in 1999, and the measures were repeatedly renewed until this year. Duke said the original conditions justifying that protection “no longer exist.” Canada and its immigrant-friendly policies may be seen as a viable alternative for those reluctant to return to their countries of origin.

. . . .

Just last week, the government published a three-year plan aimed at accepting almost 1 million immigrants as permanent residents, with a clear bias toward economic migrants, who will make up 58 percent of the total. The balance will be shared between family and refugee classes.

 

Public reaction to the plan, which will see intake grow steadily from 300,000 in 2017 to 310,000 in 2018, 330,000 in 2019 and 340,000 in 2020, has been generally positive with many of the critics, including the government’s own council of economic advisers, saying Canada should be accepting even more immigrants.

Canada has an increasingly diverse population, with visible minorities making up 22.3 percent of the population in 2016, according to recently released census figures, compared with just 4.7 percent in 1981. By 2036, visible minorities are expected to make up 33 percent of the population.

“Canada is probably the best country in the world to be an immigrant because we give immigrants a chance to climb the ladder to success,” said Kareem El-Assal, senior research manager at the Conference Board of Canada, a think tank, where he specializes in immigration.

Assal said Canada’s immigration system works in part because the Canadian government helps newcomers integrate through language, skills and job training at a cost of almost a billion dollars a year. Furthermore, immigrants benefit from Canada’s universal health-care system and its good public education and reasonably priced universities.

Public opinion surveys continue to show that Canadians are pro-migration. A survey by the Environics Institute last spring showed that 72 percent of respondents agreed that “overall, migration has a positive impact on the economy.” Yet in the same survey, 54 percent said that “too many immigrants do not accept Canadian values.”

As for those border warning signs, Fortin, the union leader, says that asylum seekers are reading them and then crossing the border anyway.

“It doesn’t seem to have a very big dissuasive effect,” he said.”

Here’s a link to the complete article:https://www.washingtonpost.com/world/the_americas/canada-fears-a-huge-rush-of-asylum-seekers-if-their-us-protected-status-is-lifted/2017/11/12/9464645c-c4b1-11e7-9922-4151f5ca6168_story.html

******************************

Maine needs all the economic help it can get. And, I had lots of successful “TPSers” pass through my courtroom in Arlington. Good folks, industrious with useful job skills in the types of positions that we need but most Americans don’t want to do: child care, home health care, roofing, drywalling, cleaning, washing, making beds, waiting on tables, brewing coffee, making sandwiches, landscaping, pouring concrete, building things, meat processing, running convenience stores, etc. And, the vast majority had kids who were US citizens or in the DACA program. Our loss is likely to be Canada’s gain. The concept that there are lots of Native-born Americans out there (at a time of effectively full employment) waiting to take these jobs is a restrictionist fairy tale. But, if and when these folks leave, Americans who depend on them for essential services (like child care and Home improve,wants, for example, or restaurant and hotel owners) are going to find themselves out of luck.

So far, overall incompetence has saved us from the full adverse effects of Trump’s “Make America (Not So) Great” policies. But, if they ever do go into full effect, it will be bad for most Americans, including those gullible enough to have voted for Trump.

PWS

11-13-17

KELLY TRIED TO BULLY ACTING DHS DIRECTOR ELAINE DUKE INTO TERMINATING TPS FOR HONDURANS – SHE WOULD HAVE NONE OF IT!

http://www.cnn.com/2017/11/09/politics/elaine-duke-hondurous-immigrants/index.html

“By: Tal Kopan, Abby Phillip and Miranda Green, CNN

White House chief of staff John Kelly pressured acting Homeland Security Secretary Elaine Duke to terminate protections for tens of thousands of Honduran immigrants currently living in the US, sources tell CNN.

Duke received multiple calls from Kelly pressuring her, in Duke’s perception, to end Temporary Protected Status for Honduran immigrants on Monday’s decision day, leaving Duke “distraught and disappointed” and ready to leave the department, according to a source familiar with Duke’s thinking.

The Trump administration characterized the call as Kelly weighing in through a normal process and said Duke was committed to remaining at her post.

The Washington Post first reported on the call.

TPS is an immigration status allowed by law for certain countries experiencing dire conditions, such as a natural disaster, epidemic or war, and protects individuals from deportation and authorizes them to work in the US.

Monday was the deadline for a decision on the protected status for the roughly 86,000 Hondurans. DHS instead announced that Duke had not found there was enough information to make a formal decision, a move that triggered a six-month extension of the protected status. The administration did terminate protections for Nicaraguans, about 5,300 of which live in the US. Both populations have lived in the US for nearly two decades.

According to the source familiar with Duke’s thinking, Kelly and the administration wanted Homeland Security secretary nominee Kirstjen Nielsen to avoid questions about the issue at her Senate confirmation hearing on Wednesday, and wanted to her confirmed quickly enough that she would be the one to make a decision on temporary protected status for Haitians, which is due at the end of the month and which will likely be ended.

According to the source familiar, Duke had decided over the weekend that she did not have enough information to end the protections for the Hondurans, which is what the department announced late Monday evening.

“I think she’s very distraught and disappointed at Kelly and the whole apparatus,” the source said. “She’s out there alone, you know? It’s like, ‘Why do I keep doing this if you guys are just going to beat me up?'”

The source confirmed that she made reference to resigning during the back-and-forth and is inclined to leave the job.

The source described the back-and-forth as a “forceful, directive conversation.”

“It was a loud conversation, it wasn’t a quiet conversation,” the source said.”

***********************************************

Read the rest of the story from Tal & Co at the link. No wonder Gonzo’s DOJ is trying (unethically) to “retaliate” against CNN by abusing the anti-trust laws! Very “Third World” — a perfect term to describe the Trump Administration — corruptly using government power to reward cronies, intimidate the public, and punish opposition. Those of us who have had to deal with Third World dictatorships and kleptocracies and their carnage for decades know the characteristics all too well.

So, long time Honduran residents of the US (and their families, employers, employees, colleagues, friends, and neighbors) owe their “six month reprieve” from insane chaos totally to one career Senior Executive with the backbone and integrity (a word seldom heard in connection with the Trump Administration) to stand up to the “Trump Mafia.” Cheers for Elaine Duke!

Kelly sinks deeper into “The Swamp” every day with each new revelation of his sleazy conduct and reactionary views. I suspect that Duke’s DHS career will come to an end shortly. And, there is some reason to suspect that her permanent replacement, Kirstjen Nielsen, is being put over at DHS to  be a “yes-woman” for the Trump, Sessions, Kelly, Miller, Bannon (in absentia) White Nationalist crew operating out of the White House and the DOJ. Whether she will live up to their “low expectations,” however, is another matter entirely.

PWS

11-10-17

LA TIMES: ADMINISTRATION TO END NICARAGUAN TPS — NO DECISION YET ON OTHER NATIONALITIES!

http://www.latimes.com/politics/washington/la-na-pol-essential-washington-updates-trump-administration-ending-protections-1510012896-htmlstory.html

Joseph Tanfani reports:

“The Trump administration said Monday it will end a special reprieve from deportation for thousands of Nicaraguans who have been allowed to stay in the U.S. for years, but delayed a decision on similar protections for tens of thousands of Hondurans.

The Department of Homeland Security announced that it would not renew Temporary Protected Status for about 5,300 Nicaraguans whose protections under the program expire on Jan. 5. They will be allowed to stay in the U.S. only until Jan. 5, 2019, unless they qualify to stay under other provisions of immigration law, senior administration officials told reporters.

But the administration gave a six month reprieve to some 86,000 Hondurans also covered by the program. The officials said that acting Homeland Security secretary Elaine Duke needed more time to determine if conditions in Honduras had improved enough to allow them to return home.

. . . .

The administration’s actions have been closely eyed for any signal about similar protections for larger groups of people who came from other troubled countries, including Haiti and El Salvador. Deadlines come due soon for deciding on whether to renew protections for those groups.“

*******************************

Read the complete article at the link.

I wonder whether the absence of a permanent Secretary entered into the decision to defer/delay decisions on the most numerous and controversial TPS categories.

PWS

11-06-17

AMERICANS ARE DYING IN PUERTO RICO: That’s “Good News” In The Trump Administration! — They Tried To Do It By Stripping Vulnerable Americans Of Health Care — But, This Is Easier — Just Do Nothing!

https://www.washingtonpost.com/news/post-nation/wp/2017/09/29/san-juan-mayor-slams-trump-administration-comments-on-puerto-rico-hurricane-response/

Samantha Schmidt and Mark Berman report for the Washington Post:

“Dammit, this is not a good-news story,” [San Juan Mayor Carmen Yulín] Cruz said. “This is a people-are-dying story. This is a life-or-death story. … When you have people out there dying, literally scraping for food, where is the good news?”

Residents of Puerto Rico, a U.S. territory that is home to more than 3 million American citizens, have struggled without electricity, drinking water, food and medical supplies since Hurricane Maria tore across the island on Sept. 20. Many hospitals remain without power, and fears are mounting about the spread of infection and disease the longer people lack electricity and clean water.

[U.S. responded to Haiti quake more forcefully than to Puerto Rico disaster]

As the dire situation has worsened, the federal government’s initial response has drawn increasing scrutiny.

Critics of the administration have compared it to the government’s poor reaction to Hurricane Katrina in 2005 or unfavorably contrasted it with the efforts shown after other disasters, including the recent hurricanes that battered Texas and Florida. The retired three-star general who commanded the massive U.S. military response to the Haitian earthquake of 2010 told The Post that it is fair to “ask why we’re not seeing a similar command and response” in Puerto Rico.

 

The Trump administration has bristled at the criticism, with multiple officials defending their response and the president complaining on Twitter about the media coverage. Puerto Rico Gov. Ricardo Rosselló has praised the federal government’s efforts and said the president has called him multiple times.

Trump has also been criticized for his comments about Puerto Rico, including repeatedly invoking the country’s debt issues, which stand in sharp contrast to the way he spoke about Texas and Florida after storms hit those states.”

*************************************

Read the rest of the story at the link.

The Trump Administration’s toxic combination of evil, corruption, dishonesty, and incompetence is a clear and present danger to the health, welfare, and safety of every American!

Why was the response to Haiti better? That’s a “no-brainer!” Back then we had a REAL President rather than the current Charlatan-in-Chief!

 

PWS

09-29-17

 

TAL KOPAN IN CNN: HUMAN RIGHTS TRAVESTY — According To U.S. State Department’s Info, Sudan Remains One Of The Most Dangerous And Violent Countries In The World — But, Reality Isn’t Stopping The Trump Administration From Ending TPS Protection! -“I mean look what’s going on in Sudan,” [Rep. Zoe] Lofgren [D-CA] said. “If that is a wise decision, what’s an unwise one?”

http://www.cnn.com/2017/09/18/politics/sudan-tps-decision-dhs/index.html

Tal writes:

“Washington (CNN)The Trump administration on Monday announced an end to protections for Sudanese immigrants, a move that advocates fear could be a sign of things to come.

The Department of Homeland Security announced Monday afternoon that it would be ending Temporary Protected Status for Sudan after a 12-month sunset period. It opted to extend, however, Temporary Protected Status for South Sudan, which gained its independence in 2011, through May 2019.
The decision was overdue. By law, decisions on TPS designations are required 60 days before an expiration deadline. With both countries’ status set to expire on November 2, the decision was due September 3. DHS said it made a decision in time, but kept it quiet for more than two weeks and did not respond to requests for an explanation.
While the decision on the future of Temporary Protected Status for Sudanese and South Sudanese immigrants only affects just over 1,000 people in the US, the decision is being closely watched as a harbinger of where the administration will go on upcoming TPS decisions that affect more than 400,000 people in the US.
Under Acting DHS Secretary Elaine Duke’s direction on Monday, recipients of protections from Sudan will be allowed to remain protected from deportation and allowed to work under the program until November 2, 2018, during which they are expected to arrange for their departure or seek another immigration status that would allow them to remain in the US.
Individuals from South Sudan will be able to extend their status until May 2, 2019, when DHS will make another decision on their future based on conditions in the country.
According to USCIS data, at the end of 2016 there were 1,039 temporarily protected immigrants from Sudan in the United States and 49 from South Sudan.
Temporary Protected Status is a type of immigration status provided for by law in cases where a home country may not be hospitable to returning immigrants for temporary circumstances, including in instances of war, epidemic and natural disaster.
While DHS did not explain the delay in publicizing the decision, which the agency confirmed last week was made on time, the law only requires “timely” publication of a TPS determination. The decision was made as the administration was preparing to announce the end of the Deferred Action for Childhood Arrivals program, or DACA, a popular program that has protected nearly 800,000 young undocumented immigrants brought to the US as children from deportation since 2012.

Some of the affected individuals have been living in the US for 20 years. TPS is not a blanket protection — immigrants have to have been living in the US continuously since a country was “designated” for TPS in order to qualify.

For example, Sudan was first designated in 1997 and was re-designated in 1999, 2004 and 2013, meaning people had opportunities to apply if they’ve been living in the US since any of those dates. South Sudan’s TPS was established in 2011 and had re-designations in 2014 and 2016.
Both countries were designated for TPS based on “ongoing armed conflict and extraordinary and temporary conditions.”

The situation in Sudan has improved in recent years, but there are still concerns about its stability and human rights record. In January, outgoing President Barack Obama eased sanctions on Sudan but made some moves contingent upon further review. President Donald Trump has extended that review period. South Sudan, meanwhile, remains torn by conflict.

Advocates for TPS have expressed fear that if the administration were to begin to unwind the programs, it could be a sign of further decisions to come. In the next six months, roughly 400,000 immigrants’ status will be up for consideration, including Central American countries like El Salvador that have been a focus of the Presidents’ ire over illegal immigration and gang activity.
close dialog

California Rep. Zoe Lofgren, the top Democrat on the immigration subcommittee for the House Judiciary Committee, said in an interview before the decision that ending Sudan’s protections could be a sign of more to come.

“I mean look what’s going on in Sudan,” Lofgren said. “If that is a wise decision, what’s an unwise one?”

***************************************

Let’s take a closer look at some of those supposedly “improved conditions,” using the Government’s own information, the U.S. Department of State’s latest (2016) Country Report on Human Rights Conditions for Sudan:

“The three most significant human rights problems were inability of citizens to choose their government, aerial bombardments of civilian areas by military forces and attacks on civilians by government and other armed groups in conflict zones, and abuses perpetrated by NISS with impunity through special security powers given it by the regime. On January 14, the government launched an intensive aerial and ground offensive against Sudan Liberation Army-Abdul Wahid (SLA/AW) strongholds in the Jebel Marra area of Darfur. This operation displaced more than 44,700 persons by January 31, according to the UN Office for the Coordination of Humanitarian Affairs (OCHA). In February the government established in Darfur a suboffice of the National Human Rights Commission to enhance the commission’s capacity to monitor human rights in Darfur. Meanwhile, ground forces comprising Rapid Support Forces (RSF) and Border Guards carried out attacks against more than 50 villages in an attempt to dislodge the armed opposition. Attacks on villages often included killing and beating of civilians; sexual and gender-based violence; forced displacement; looting and burning entire villages; destroying food stores and other infrastructure necessary for sustaining life; and attacks on humanitarian targets, including humanitarian facilities and peacekeepers. In September, Amnesty International issued a report alleging that, through September the government engaged in scorched-earth tactics and used chemical weapons in Jebel Marra, Darfur. UN monitors were unable to verify the alleged use of chemical weapons, due in part to lack of access to Jebel Marra, including by rebel commanders loyal to Abdel Wahid. By year’s end the Organization for the Prohibition of Chemical Weapons (OPCW) had not been presented with sufficient corroborating evidence to conclude chemical weapons had been used. The NISS continued to show a pattern of widespread disregard for rule of law, committing major abuses, such as extrajudicial and other unlawful killings; torture, beatings, rape and other cruel or inhuman treatment or punishment; arbitrary arrest and detention by security forces; harsh and life-threatening prison conditions; incommunicado detention; prolonged pretrial detention; obstruction of humanitarian assistance; restrictions on freedom of speech, press, assembly,association, religion, and movement; and intimidation and closure of human rights and nongovernmental organizations (NGOs). Societal abuses included discrimination against women; sexual violence; female genital mutilation/cutting (FGM/C); early childhood marriage; use of child soldiers; child abuse; sexual exploitation of children; trafficking in persons; discrimination against ethnic and religious minorities, persons with disabilities, and persons with HIV/AIDS; denial of workers’ rights; and child labor. Government authorities did not investigate human rights violations by NISS, the military or any other branch of the security services, with limited exceptions relating to the national police. The government failed to adequately compensate families of victims of shootings during the September 2013 protests, make its investigations public, or hold security officials accountable. Impunity remained a problem in all branches of the security forces.

. . . .

The 2005 Interim National Constitution prohibits torture and cruel, inhuman, and degrading treatment, but security forces, government-aligned groups, rebel groups, and ethnic factions continued to torture, beat, and harass suspected political opponents, rebel supporters, and others. In accordance with the government’s interpretation of sharia (Islamic law), the penal code provides for physical punishments, including flogging, amputation, stoning, and the public display of a body after execution, despite the constitution’s prohibitions. With the exception of flogging, such physical punishment was rare. Courts routinely imposed flogging, especially as punishment for the production or consumption of alcohol. The law requires police and the attorney general to investigate deaths on police premises, regardless of suspected cause. Reports of suspicious deaths in police custody were sometimes investigated but not prosecuted. For example, in November authorities detained a man upon his return from Israel. He died while in custody, allegedly from falling out a window, although the building had sealed windows. The president called on the chief prosecutor and chief justice to ensure full legal protection of police carrying out their duties and stated that police should investigate police officers only when they were observed exceeding their authority. Government security forces (including police, NISS, and military intelligence personnel of the Sudanese Armed Forces (SAF)) beat and tortured physically and psychologically persons in detention, including members of the political opposition, civil society, religious activists, and journalists, according to civil society activists in Khartoum, former detainees, and NGOs. Torture and other forms of mistreatment included prolonged isolation, exposure to extreme temperature variations, electric shock, and use of stress positions. Some female detainees alleged NISS harassed and sexually assaulted them. Some former detainees reported being injected with an unknown substance without their consent. Many former detainees, including detained students, reported being forced to take sedatives that caused lethargy and severe weight loss. The government subsequently released many of these persons without charge. Government authorities detained members of the Darfur Students Association during the year. Upon release, numerous students showed visible signs of severe physical abuse. Government forces reportedly used live bullets to disperse crowds of protesting Darfuri students. There were numerous reports of violence against student activists’ family members.

Security forces detained political opponents incommunicado, without charge, and tortured them. Some political detainees were held in isolation cells in regular prisons, and many were held without access to family or medical treatment. Human rights organizations asserted NISS ran “ghost houses,” where it detained opposition and human rights figures without acknowledging they were being held. Such detentions at times were prolonged. Journalists were beaten, threatened, and intimidated (see section 2.a.). The law prohibits (what it deems as) indecent dress and punishes it with a maximum of 40 lashes, a fine, or both. Officials acknowledged authorities applied these laws more frequently against women than men and applied them to both Muslims and non-Muslims. Courts denied some women bail, although by law they may have been eligible. There were numerous abuses reported similar to the following example: On June 25, the Public Order Police arrested several young women and men in Khartoum under the Public Order Act for “indecent dress.” During the sweep, all women who did not have their hair covered were taken into custody. The Public Order Police further arrested two young men for wearing shorts. According to NGO reports, the Public Order Police released the young women and men later the same day without charges.

Security forces, rebel groups, and armed individuals perpetrated sexual violence against women throughout the country; the abuse was especially prevalent in the conflict areas (see section 1.g.). As of year’s end, no investigations into the allegations of mass rape in Thabit, Darfur, had taken place (see section 6).”

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What I’ve set forth above is just a small sample of some of the “lowlights.” Virtually every paragraph of the Country Report is rife with descriptions of or references to gross abuses of Human Rights.

Clearly, these are not the type of “improved country conditions” that would justify the termination of TPS for Sudan. Moreover, since it affects only 1,000 individuals, there are no overriding policy or practical reasons driving the decision.

No, the Administration’s totally disingenuous decision is just another example of wanton cruelty, denial of established facts, and stupidity.  Clearly, this is an Administration that puts Human Rights last, if at all.

As pointed out by Nolan Rappaport in a a recent post, the best solution here is a legislative solution that would provide green cards to long-time “TPSers” through the existing statutory device of “registry.” With some lead time to work on this, hopefully Lofgren can convince enough of her colleagues to make it happen.

Here’s a link to Nolan’s proposal:

http://immigrationcourtside.com/2017/09/14/the-hill-n-rappaport-suggests-legislative-solutions-for-long-term-tpsers/

PWS

09-19-17

 

NOLAN RAPPAPORT IN THE HILL: RAISE ACT COULD BE AN OPPORTUNITY FOR DREAMERS!

http://thehill.com/blogs/pundits-blog/immigration/346367-how-trumps-legal-immigration-cuts-could-be-a-blessing-to

Nolan writes:

“Senators Tom Cotton (R-Ark.) and David Perdue (R-Ga.) recently introduced a revised version of the bill addressing legal immigration into the United States, the Reforming American Immigration for a Strong Economy (RAISE) Act.  It is supposed to spur economic growth and raise working Americans’ wages by giving priority to the best-skilled immigrants from around the world and reducing overall immigration by half.

Supporters include President Donald Trump, Attorney General Jeff Sessions, House Judiciary Committee Chairman Bob Goodlatte, andActing Secretary of Homeland Security Elaine Duke.

Nevertheless, it will not reach the president’s desk without support from influential Democratic congressmen, which will be difficult to get and won’t be free.
According to Representative Luis V. Gutierrez (D-Ill.), the RAISE Act “and the bear hug by the Bannon/Kelly/Trump White House — betrays the deep animosity towards legal immigration that has become the central, unifying tenet of the Republican Party.”

. . . .

Suggestions for a compromise.

The main price for Gutierrez’s support would be to establish a DREAM Act program that would be based on an appropriate merit-based point system.

The number of undocumented aliens who might benefit from a dream act can range from 2.5 to 3.3 million.  It isn’t likely that an agreement will be reached if Gutierrez insists on a number in that range.

Concessions have to be made to achieve an acceptable compromise, and allowing termination of the Visa Waiver Program would be a reasonable choice.  An alternative would be to keep the program as is but distribute the visas on a merit point system instead of using a lottery.

The refugee provision is problematic, but the president has sole authority to determine the number of admissions and the current president supports the 50,000 cap. The Democrats will try to eliminate this cap or raise it if they can’t eliminate it, but this should not be a deal breaker if the other issues are worked out satisfactorily.

The restrictions on family-based immigration, however, are another matter.  They should be modified.  Cotton and Purdue doomed their bill to failure with these provisions.  They hurt constituents on both sides of the aisle.

Moreover, they do not make any sense.  What does national interest mean if the family-unification needs of citizens and legal permanent residents don’t count?

Some advocates strongly opposes the point system because they think it fails to take into account the needs of U.S. businesses, but their concern is based on the point criterion in the current version of the RAISE Act, which has not been subjected to any hearings or markups yet.  If the senators and Gutierrez cannot work out a compromise that protects the needs of U.S. businesses, there will be plenty of time to make additional changes.

This isn’t just about moving these bills through congress.  According to recent Gallup polls, “Americans view Congress relatively poorly, with job approval ratings of the institution below 30% since October 2009.”

And the current Republican-controlled congress is not turning this around.  Reaching an agreement with the Democrats on an immigration reform bill that includes a DREAM Act legalization program would be a good place to start.”

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Go over to The Hill at the above link to read Nolan’s complete article.

PWS

08-13-17

 

CNN’S TAL KOPAN: Meet New Acting DHS Secretary Elaine Duke

http://www.cnn.com/2017/07/28/politics/elaine-duke-homeland-security-john-kelly/index.html

Tal writes:

“Washington (CNN)With Homeland Security Secretary John Kelly being tapped as President Donald Trump’s new White House chief of staff, leadership of the agency responsible for protecting the nation at home will fall to Elaine Duke, the deputy secretary.

According to the Department of Homeland Security, Kelly will remain the secretary until Monday, and then Duke will take over in an acting capacity.
The longtime veteran of government brings an expertise in business management and government acquisition to the role, with many of her past positions focused on the operational side of the bureaucracy.
Duke was sworn in as deputy secretary in April after a seven-year stint in the private sector. She was confirmed by the Senate on an overwhelmingly bipartisan vote, 85-14.
“I am grateful to have this opportunity to further mature the Department and continue improving its efficiency and effectiveness,” Duke testified at her confirmation hearing for the deputy position. “If confirmed, I promise to lead DHS in enforcing the law with respect and integrity. I will be honest in my assessments and recommendations, and relentless in pursuing excellence. Such commitments are critical at this juncture in homeland security.”
Since taking office, Duke has taken a lead role in many of the agency’s priorities, including an effort to increase security on large electronics in carry-ons on airplanes traveling to the US.
A public servant for nearly three decades, Duke spent the last eight years of her tenure with government at DHS, serving in a Senate-confirmed position as undersecretary for management from 2008 to 2010.
After working at DHS, she worked as the principal of Elaine Duke & Associates, described in her DHS bio as an acquisition and business consulting firm.
During her tenure at DHS, Duke worked in management and as chief procurement officer. She also worked in acquisition at the Transportation Security Administration. She took on that role less than a year after the September 11 attacks, according to an older speaker’s biography.
Duke also worked at the Department of Defense before she arrived at DHS.
She went to New Hampshire College for her undergraduate degree in business and received an MBA from Chaminade University of Honolulu.
According to DHS, she has received many honors during her public service career, including the Presidential Meritorious Rank Award, the DHS Secretary’s Medal, the TSA Silver Medal for Customer Service, the Department of the Army Commander’s Award for Public Service, and the Coast Guard’s Distinguished Public Service Medal.
Duke is married and has two sons, according to her Senate testimony.”
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Duke looks like a total pro. And, it appears that, barring something unusual happening (which might be the norm in this Administration), she will be around until at least next year, even if she doesn’t get the nod for the Secretary appointment.
But, General Kelly also looked and sounded like a pro until his confirmation hearing was over. Then, Kelly bought into and carried out the zany max enforcement, minimum judgment, waste of resources White Nationalist immigration program of Sessions, Bannon, Miller, and ultimately Trump. In other words, he was unwilling or unable to stand up for smart and humane enforcement that could benefit the country and stop the waste of taxpayer dollars.
Duke has one thing going for her that Kelly didn’t: she is familiar with the formidable DHS bureaucracy and how to actually get things done. Notwithstanding his credentials, Kelly appeared afraid to “just say no” to the demands of some (but by no means all) DHS agents for unlimited discretion for “gonzo” enforcement. Presumably, Duke is no stranger to the concept that line agents should carry out policies (and have their views considered, among others, in determining policies), not “make them up as they go along.”
Will Duke continue the “gonzo” policy of overloading the already overwhelmed U.S. Immigration Courts and stripping DHS prosecutors of discretion to help manage dockets? Or, will she take responsibility for establishing rational Immigration Court filings by DHS and restore needed ability to exercise prosecutorial discretion to the Assistant Chief Counsel?
We’ll see what happens.
PWS
08-01-17