IMMIGRATIONPROF BLOG: PROFESSOR BILL ONG HING LAYS BARE THE WHITE NATIONALIST INTENT BEHIND THE RAISE ACT — “Asian, Latino, and African Exclusion Act of 2017” — And, It’s Bad For Our Economy To Boot!

http://lawprofessors.typepad.com/immigration/2017/08/trumps-asian-latino-and-african-exclusion-act-of-2017.html

Professor Ong Hing writes:

“From the Los Angeles and San Francisco Daily Journal:

President Trump’s recent call for overhauling the legal immigration system suffers from serious racial implications and violations of basic family values. Earlier this month he endorsed the Reforming American Immigration for a Strong Economy (RAISE) Act, which would eliminate all family reunification categories beyond spouses and minor children of U.S. citizens and lawful permanent residents (reducing the age limit for minor children from 21 to 18), and would lower capped family categories from 226,000 green cards presently to 88,000. The prime relatives targeted for elimination are siblings of U.S. citizens and adult children of citizens and lawful residents. The diversity immigration lottery program, which grants 50,000 green cards to immigrants from low-admission countries, also would be terminated. The RAISE Act is essentially the Asian, Latino, and African Exclusion Act of 2017. Why? Because the biggest users of family immigration categories are Asians and Latinos, and the biggest beneficiaries of the diversity lottery are Africans.

The RAISE Act is an elitist point system that favors those with post-secondary STEM degrees (science, technology, engineering, or mathematics), extraordinary achievement (Nobel laureates and Olympic medalists), $1.35 to $1.8 million to invest, and high English proficiency. However, it fails to connect prospective immigrants with job openings and makes incorrect assumptions about family immigrants.

Promoting family reunification has been a major feature of immigration policy for decades. Prior to 1965, permitting spouses of U.S. citizens, relatives of lawful permanent residents, and even siblings of U.S. citizens to immigrate were important aspects of the immigration selection system. Since the 1965 reforms, family reunification has been the major cornerstone of the immigration admission system. Those reforms, extended in 1976, allowed twenty thousand immigrant visas for every country. Of the worldwide numerical limits, about 80 percent were specified for “preference” relatives of citizens and lawful permanent residents, and an unlimited number was available to immediate relatives of U.S. citizens. The unlimited immediate relative category included spouses, parents of adult citizens, and minor, unmarried children of citizens. The family preference categories were established for adult, unmarried sons and daughters of citizens, spouses and unmarried children of lawful permanent resident aliens, married children of citizens, and siblings of citizens. Two other preferences (expanded in 1990) were established for employment-based immigration.

Asian and Latino immigration came to dominate these immigration categories. The nations with large numbers of descendants in the United States in 1965, i.e., western Europe, were expected to benefit the most from a kinship-based system. But gradually, by using the family categories and the labor employment route, Asians built a family base from which to use the kinship categories more and more. By the late 1980s, virtually 90 percent of all immigration to the United States – including Asian immigration – was through the kinship categories. And by the 1990s, the vast majority of these immigrants were from Asia and Latin America. The top countries of origin of authorized immigrants to the United States today include Mexico, China, India, the Philippines, the Dominican Republic, Vietnam, and El Salvador.

As Asian and Latin immigrants began to dominate the family-based immigration system in the 1970s and 1980s, somehow the preference for family reunification made less sense to some policymakers. Since the early 1980s, attacking kinship categories – especially the sibling category – has become a political sport played every few years. Often the complaint is based on arguments such as we should be bringing in skilled immigrants, a point system would be better, and in the case of the sibling category, brothers and sisters are not part of the “nuclear” family. Proposals to eliminate or reduce family immigration were led by Senator Alan Simpson throughout the 1980s, Congressman Bruce Morrison in 1990, and Senator Simpson and Congressman Lamar Smith in 1996. As prelude to the RAISE Act, the Senate actually passed S.744 in 2013 that would have eliminated family categories and installed a point system in exchange for a legalization program for undocumented immigrants.

Pitting so-called “merit-based” visas in opposition to family visas implies that family immigration represents the soft side of immigration while point-based immigration is more about being tough and strategic. The wrongheadedness of that suggestion is that family immigration has served our country well even from a purely economic perspective. The country needs workers with all levels of skill, and family immigration provides many of the needed workers.

A concern that the current system raises for some policymakers is based on their belief that the vast majority of immigrants who enter in kinship categories are working class or low-skilled. They wonder whether this is good for the country. Interestingly enough, many immigrants who enter in the sibling category actually are highly skilled. The vast majority of family immigrants are working age, who arrive anxious to work and ready to put their time and sweat into the job. But beyond that oversight by the complainants, what we know about the country and its general need for workers in the short and long terms is instructive.

The Wharton School of Business projects that the RAISE Act would actually lead to less economic growth and fewer jobs. Job losses would emerge because domestic workers will not fill all the jobs that current types of immigrant workers would have filled. In the long run, per capita GDP would dip. Furthermore, in the Bureau of Labor Statistics’s forecast of large-growth occupations, most jobs require only short- or moderate-term on-the-job training, suggesting lower skilled immigrants could contribute to meeting the demand for these types of jobs.

The economic data on today’s kinship immigrants are favorable for the country. The entry of low-skilled as well as high-skilled immigrants leads to faster economic growth by increasing the size of the market, thereby boosting productivity, investment, and technological practice. Technological advances are made by many immigrants who are neither well-educated nor well-paid. Moreover, many kinship-based immigrants open new businesses that employ natives as well as other immigrants; this is important because small businesses are now the most important source of new jobs in the United States. The current family-centered system results in designers, business leaders, investors, and Silicon Valley–type engineers. And much of the flexibility available to American entrepreneurs in experimenting with risky labor-intensive business ventures is afforded by the presence of low-wage immigrant workers. In short, kinship immigrants contribute greatly to this country’s vitality and growth, beyond the psychological benefits to family members who are able to reunite.

The preamble to the Universal Declaration of Human Rights highlights the unity of the family as the “foundation of freedom, justice and peace in the world” for good reason. Our families make us whole. Our families define us as human beings. Our families are at the center of our most treasured values. Our families make the nation strong.

Bill Ong Hing is the Founder and General Counsel of the Immigrant Legal Resource Center, and Professor of Law and Migration Studies, University of San Francisco”

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Unhappily, America has a sad history of using bogus arguments about the economy and protecting American labor to justify racist immigration acts.  Among other things, the Chinese Exclusion Act was supposed to protect the U.S. against the adverse effects of “coolie labor.”

I find it remarkable that those pushing the RASE Act are so ready to damage American families, the fabric of our society, and our economy in a futile attempt to achieve their White Nationalist vision.

PWS

08-18-17

THE ASYLUMIST — JASON DZUBOW: AS TRUMP FANS THE FLAMES OF FEAR, HATE, & DESPAIR, IMMIGRANTS & REFUGEES INSPIRE & GIVE US HOPE FOR A BETTER FUTURE!

http://www.asylumist.com/2017/08/17/in-a-time-of-hate-my-refugee-clients-give-me-hope/

Jason’s complete blog is reprinted below:

“In a Time of Hate, My Refugee Clients Give Me Hope

by JASON DZUBOW on AUGUST 17, 2017

As an ordinary citizen, it is not easy to decide the best way to confront a Nazi march. Show up to peacefully protest? That might give additional attention to the other side. Protest violently? Not only could that elevate the Nazis, it might also de-legitimize the resistance to the Nazis (even those who peacefully resist). Ignore them? That might be viewed as condoning their views. Reasonable people can differ about what to do, at least as far as the peaceful responses are concerned.

As a great American philosopher once said, “I hate Nazis.”

But when you are a public figure, especially an elected official, the decision about how to respond is clear: First, ensure safety and free speech. Second, denounce the evils of Nazism and make it plain that Nazis, Klan members, and anyone who might march side-by-side with such people are un-American, illegitimate, and unworthy of a seat at the table of public discourse.

Fortunately, the vast majority of our country’s elected leaders knew what to say in response to the Nazi march last weekend. But unfortunately, there was one important exception–our President, Donald J. Trump. To me, Mr. Trump’s contemptible silence, followed by a reluctant “denunciation” of the Nazis, followed by a denunciation of the “denunciation” is an utter disgrace. It is a green light to Nazis. It is yet another attack on common decency and on our shared national values. It is complicity with Nazism. By the President of the United States. (As an aside, one of my lawyer-friends at the Justice Department told me–perhaps half jokingly–that she wanted to post a sign in her office that reads, “Nazis are bad,” but she feared it might get her into trouble–that is where we are under Mr. Trump.)

Frankly, I am not particularly worried about the Nazis themselves. They certainly can do damage–they murdered a young woman and injured many others. But they do not have the power or support to threaten our democracy. This does not mean we should take them for granted (few would have predicted Hitler’s rise when he was sitting in prison after the Beerhall Putsch), but we should not be unduly fearful either.

On the other hand, I am very worried about our President’s behavior. His governing philosophy (perhaps we can call it, “trickle down histrionics”) is poisoning our public debate, and it weakens us domestically and internationally. Thus far, his incompetence has served as a bulwark against his malevolence, but that can only go on for so long (see, e.g., North Korea). So there is much to be concerned about.

Here, though, I want to talk about hope. Specifically, the hope that I feel from my clients: Asylum seekers, “illegals,” and other immigrants. There are several reasons my clients give me hope.

One reason is that they still believe in the American Dream. Despite all of the nastiness, mendacity, and bigotry coming from the White House, people still want to come to America. They are voting with their feet. Some endure seemingly endless waits, often times separated from their loved ones, in order to obtain legal status here. Others risk their lives to get here. They don’t do this because (as Mr. Trump suggests) they want to harm us. They do it because they want to join us. They want to be part of America. My clients and others like them represent the American ideal far better than those, like our embattled President and his racist friends, who disparage them. When I see my country through my clients’ eyes, it gives me hope.

My clients’ stories also give me hope. Most of my clients are asylum seekers. They have escaped repressive regimes or failing states. Where they come from, the government doesn’t just tweet nasty comments about its opponents, it tortures and murders them. The terrorist groups operating in my clients’ countries regularly harm and kill noncombatants, women, children, and even babies. My clients have stood against this depravity, and many of them continue to fight for democracy, justice, and human rights from our shores. My clients’ perseverance in the face of evil gives me hope.

Finally, I have hope because I see the courage of my clients, who refuse to be cowed by the hateful rhetoric of our Commander-in-Chief. Since the early days of his campaign, Mr. Trump has demonized foreigners and refugees, and after he was sworn in as President, these individuals were the first to come into his cross hairs. If he can defeat people like my clients, he can move on to new targets. But many refugees and asylum seekers have been subject to far worse treatment than Mr. Trump’s bluster, and they are ready to stand firm against his bullying. Their fortitude encourages others to stand with them. And stand with them we will. The fact that vulnerable, traumatized people are on the front lines of this fight, and that they will not surrender, gives me hope.

I have written before about the tangible benefits of our humanitarian immigration system. It demonstrates to the world that our principles–democracy, human rights, freedom, justice–are not empty platitudes. It shows that we support people who work with us and who advance the values we hold dear. When such people know that we have their backs, they will be more willing to work with us going forward. And of course, that system helps bring people to the United States whose talents and energy benefit our entire nation. Add to this list one more benefit that asylees and refugees bring to our nation in this dark time–hope.”

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Thanks, Jason!

The irony and extreme contrast between those hollowly claiming to “Make America Great” and those who are actually “making America great” is simply stunning.

PWS

08-18-17

 

 

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

JASON DZUBOW IN THE ASYLUMIST: TRUMP’S 101 YEAR PLAN FOR REMOVALS! — “Malevolence tempered by incompetence!”

http://www.asylumist.com/2017/07/27/president-trumps-101-year-deportation-plan/

Jason writes:

“Joseph Stalin and Mao Zedong had their five-year plans. Nikita Khrushchev had his seven-year plan. And now President Trump has a 101-year plan. That’s how long it will take to deport the country’s 11 million undocumented residents if current trends continue.

Happy Birthday! Now, get the hell out of my country!

The most recent statistics on case completions in Immigration Court show that the Trump Administration has issued an average of 8,996 removal (deportation) orders per month between February and June 2017 (and 11,000,000 divided by 8,996 cases/month = 1,222.8 months, or 101.9 years). That’s up from 6,913 during the same period last year, but still well-below the peak period during the early days of the Obama Administration, when courts were issuing 13,500 removal orders each month.

Of course, the Trump Administration has indicated that it wants to ramp up deportations, and to that end, the Executive Office for Immigration Review or EOIR–the office that oversees the nation’s Immigration Courts–plans to hire more Immigration Judges (“IJs”). Indeed, Jefferson Beauregard Sessions, the Attorney General (at least for now) announced that EOIR would hire 50 more judges this year and 75 next year.

Assuming EOIR can find 125 new IJs, and also assuming that no currently-serving judges retire (a big assumption given that something like 50% of our country’s IJs are eligible to retire), then EOIR will go from 250 IJs to 375. So instead of 101 years to deport the nation’s 11 million undocumented residents, it will only take 68 years (assuming that no new people enter the U.S. illegally or overstay their visas, and assuming my math is correct–more big assumptions).

But frankly, I’m doubtful that 68 years–or even 101 years–is realistic. It’s partly that more people are entering the population of “illegals” all the time, and so even as the government chips away at the 11,000,000 figure, more people are joining that club, so to speak. Worse, from the federal government’s point of view, there is not enough of a national consensus to deport so many people, and there is significant legal resistance to Mr. Trump’s immigration agenda.

In addition to all this, there is the Trump Administration’s modus operandi, which is best characterized as malevolence tempered by incompetence. One statistic buried in the recent deportation numbers illustrates this point. In March 2017, judges issued 10,110 removal orders. A few months later, in June, judges issued 8,919 removal orders.

This means that the number of deportation orders dropped by 1,191 or about 11.8%. How can this be? In a word: Incompetence (I suppose if I wanted to be more generous—which I don’t—I could say, Inexperience). The Trump Administration has no idea how to run the government and their failure in the immigration realm is but one example.

There are at least a couple ways the Administration’s incompetence has manifested itself at EOIR.

One is in the distribution of judges. It makes sense to send IJs where they are needed. But that’s not exactly what is happening. Maybe it’s just opening night jitters for the new leadership at EOIR. Maybe they’ll find their feet and get organized. But so far, it seems EOIR is sending judges to the border, where they are underutilized. While this may have the appearance of action (which may be good enough for this Administration), the effect—as revealed in the statistical data—is that fewer people are actually being deported.

As I wrote previously, the new Acting Director of EOIR has essentially no management experience, and it’s still unclear whether he is receiving the support he needs, or whether his leadership team has the institutional memory to navigate the EOIR bureaucracy. Perhaps this is part of the reason for the inefficient use of judicial resources.

Another reason may be that shifting judges around is not as easy as moving pieces on a chess board. The IJs have families, homes, and ties to their communities. Not to mention a union to protect them (or try to protect them) from management. And it doesn’t help that many Immigration Courts are located in places that you wouldn’t really want to live, if you had a choice. So getting judges to where you need them, and keeping them there for long enough to make a difference, is not so easy.

A second way the Trump Administration has sabotaged itself is related to prosecutorial discretion or PD. In the pre-Trump era, DHS attorneys (the “prosecutors” in Immigration Court) had discretion to administratively close cases that were not a priority. This allowed DHS to focus on people who they wanted to deport: Criminals, human rights abusers, people perceived as a threat to national security. In other words, “Bad Hombres.” Now, PD is essentially gone. By the end of the Obama Administration, 2,400 cases per month were being closed through PD. Since President Trump came to office, the average is less than 100 PD cases per month. The result was predictable: DHS can’t prioritize cases and IJs are having a harder time managing their dockets. In essence, if everyone is a deportation priority, no one is a deportation priority.

Perhaps the Trump Administration hopes to “fix” these problems by making it easier to deport people. The Administration has floated the idea of reducing due process protections for non-citizens. Specifically, they are considering expanding the use of expedited removal, which is a way to bypass Immigration Courts for certain aliens who have been in the U.S. for less than 90 days. But most of the 11 million undocumented immigrants have been here much longer than that, and so they would not be affected. Also, expansion of expedited removal would presumably trigger legal challenges, which may make it difficult to implement.

Another “fix” is to prevent people from coming here in the first place. Build the wall. Deny visas to people overseas. Scare potential immigrants so they stay away. Illegally turn away asylum seekers at the border. Certainly, all this will reduce the number of people coming to America. But the cost will be high. Foreign tourists, students, and business people add many billions to our economy. Foreign scholars, scientists, artists, and other immigrants contribute to our country’s strength. Whether the U.S. is willing to forfeit the benefits of the global economy in order to restrict some people from coming or staying here unlawfully, I do not know. But the forces driving migration are powerful, and so I have real doubts that Mr. Trump’s efforts will have more than a marginal impact, especially over the long run. And even if he could stop the flow entirely, it still leaves 11 million people who are already here.

There is an obvious alternative to Mr. Trump’s plan. Instead of wasting billions of dollars, harming our economy, and ripping millions of families apart, why not move towards a broad legalization for those who are here? Focus on deporting criminals and other “bad hombres,” and leave hard-working immigrants in peace. Sadly, this is not the path we are on. And so, sometime in 2118, perhaps our country will finally say adieu to its last undocumented resident.”

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Amen!

PWS

08-14-17

 

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

 

JANET NAPOLATANO IN THE WASHPOST: SAVING “DREAMERS” SAVES US!

https://www.washingtonpost.com/opinions/protect-the-dreamers/2017/08/11/0f052264-7ead-11e7-9d08-b79f191668ed_story.html?utm_term=.ec88e1018129

“Five years ago this week, when I was secretary of Homeland Security, we began accepting the first Deferred Action for Childhood Arrivals (DACA) applications from “dreamers” who had been brought to this country without documentation when they were children. I will never forget that day: Tens of thousands of some of the best and brightest young people in our country applied to the program and celebrated their ability to live, work and learn in the only nation most of them had ever known.

Since that time, nearly 800,000 dreamers have gone through the rigorous application process and received DACA’s protections against deportation, including more than 100,000 who have had their applications renewed by the Trump administration.

Today, however, our nation’s dreamers face an uncertain future. Ten Republican state attorneys general are threatening to sue President Trump if he does not repeal DACA by Sept. 5. Worse, it seems unlikely that Attorney General Jeff Sessions will defend the program. During his Senate confirmation hearing, he said it “would certainly be constitutional” to eliminate DACA.

. . . .

Five years ago when DACA was established, I said, “Our nation’s immigration laws must be enforced in a firm and sensible manner, but they are not designed to be blindly enforced. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language.” For the past five years, these young dreamers have proven that, when given the opportunity to contribute, they exceed expectations. It is time to unlock the full potential of these exceptional young people by making these protections permanent.”

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The “War on America’s Youth” being conducted by state GOP Attorneys General, and basically being encouraged by our white Nationalist Attorney General Jeff Sessions, is unconscionable, not to mention dumb.

PWS

08-13-17

 

TWO NEW ONES FROM CNN’S AMAZING TAL KOPAN: September May Bring Dark Clouds For Dreamers — Trump Administration Lags In Filling Top Spots!

Good morning! Happy recess.

Thought you might find a couple stories of mine that we published this morning interesting.

As always, all the best,

Tal

 

 

A storm is brewing for DACA this September

By: Tal Kopan, CNN

A suite of pressures on the policy that protects young undocumented immigrants is brewing — and it could mean the program soon either becomes permanent or disappears entirely.

Next month, the Trump administration faces both an ultimatum from challengers to the Deferred Action for Childhood Arrivals policy, or DACA, and a potentially nasty government funding fight that could require an 11th hour deal to avert a shutdown.

Last week, the administration’s biggest defender of DACA moved much closer to the President, who has also spoken about being sympathetic to DACA recipients. Gen. John Kelly is now the White House chief of staff, and as homeland security secretary, he spoke frequently about preserving the program under this administration.

But the move also takes him out of the department that was responsible for issuing permits under the Obama administration policy — and he recently warned Democrats on the Hill that the program’s prospects are dim.

When Congress wraps up its August recess, members will return to a consequential month — one in which they may be forced to act whether they want to or not.

The earliest trigger will be September 5. That’s the deadline in an ultimatum issued by Texas Attorney General Ken Paxton and nine other state attorneys general to the Trump administration: Rescind DACA or we will challenge it in an unfriendly court. They have already succeeded in stopping a similar program to protect the parents of childhood arrivals to the US.

Trump said the ultimate decision on what to do will be made by him.

“It’s a decision that I make and it’s a decision that’s very, very hard to make. I really understand the situation now,” Trump said in a conversation with reporters on Air Force One last month. “I understand the situation very well. What I’d like to do is a comprehensive immigration plan. But our country and political forces are not ready yet.”

Trump has spoken recently about having compassion for recipients of the policy, which protects undocumented immigrants brought to the US as children from deportation and allows them to work and study in the US. But he also pledged to end the program “immediately” on the campaign trail, and his base strongly opposes the Obama administration policy they call an “amnesty.”

That could make punting the issue to Congress an appealing solution for the administration.

“My assumption is that the cleanest thing they can do, though they’ll take the vast majority of the blame for ending the program, is simply announce come September 5 a sunset of the program, that they’ll stop approving applications, and then invite Congress to work on legislation,” said a Democratic congressional staffer familiar with the issue who spoke on condition of anonymity to be candid.

Story continues here http://www.cnn.com/2017/08/07/politics/daca-coming-storm/index.html

 

 

 

 

 

 

At 200-day mark, Trump nominations still lag

By: Tal Kopan, CNN

On President Donald Trump’s 200th day in office, he still lags far behind his predecessors in staffing up his administration, both in terms of nominations and confirming those positions.

Any new administration has to fill roughly 4,000 positions across the government, more than 1,200 of which require Senate confirmation. While no administration can accomplish that task in 200 days, the nonprofit good-government group Partnership for Public Service recommends having the most important 300-400 confirmed by August recess.

Trump hasn’t come close.

The President got a big boost to his progress last week when the Senate confirmed en masse more than five dozen outstanding nominees — roughly doubling the number of nominees Trump has had confirmed.

But he still remains far behind.

As of August 4, when the Senate left town for its August recess, Trump has nominated 277 people for key posts, has had 124 confirmed, and has withdrawn eight of the nominations, according to CNN’s tracker.

The Partnership for Public Service has identified 577 executive branch positions as being particularly essential — and Trump has only successfully filled about a fifth of them.

Meanwhile, his predecessor fared far better at the same point in their terms. President Barack Obama had 433 nominations and 310 confirmations at the same point, President George W. Bush had nominated 414 and had 294 confirmed, and President Bill Cilnton had 345 nominations and 252 confirmed.

Trump’s rate of 45% of nominees confirmed lags behind Obama’s 72%, Bush’s 71% and Clinton’s 73%. His nominees have also taken far longer to confirm — an average of 54 days compared with 41, 35 and 30 respectively.

The White House has consistently placed blame for its slow pace on Democrats — the minority party in the Senate — arguing they’ve employed stall tactics to slow-walk Trump’s confirmations.

Indeed, before the failure of the Senate to advance a plan to repeal Obamacare, Senate Democrats were forcing Republicans to go through all procedural steps for nominees, dragging out the process.

But part of the slowness has also been due to difficulty getting paperwork in for many of the nominees, and some announced nominations were not transmitted to the Senate for formal consideration for months. Trump also lags in naming officials amid reports that Cabinet officials and the White House have butted heads over potential candidates.

Trump has had his entire Cabinet confirmed, although when he selected John Kelly as his chief of staff late last month, he created a vacancy at the Department of Homeland Security. But experts say his slowness to fill deputy positions at agencies is equally important, as those officials handle much of the day-to-day management of government.

Partnership for Public Service President Max Stier, who has advised multiple presidents and presidential candidates, including Trump, on transitioning into office, said the President should be prioritizing filling positions if he wants to execute his agenda.

“While the pace of nominations for political appointees has picked up in recent weeks, critical leadership positions remain vacant at almost every agency and department,” Stier said. “The President must prioritize getting his full team in place. Doing so will strengthen his ability to run the government, achieve his priorities and deal effectively with the inevitable crises that will take place in our complicated and dangerous world.”

Story link here: http://www.cnn.com/2017/08/07/politics/trump-200-days-nominations/index.html

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Thanks, Tal, for your incisive and timely reporting and for making it readily available to us.

PWS

08-07-17

 

 

N. RAPPAPORT IN THE HILL: DEMS’ DREAMER BILL OFFERS FALSE HOPE!

Nolan writes:

“Late last month, Congressman Luis Gutiérrez (D-Ill.), introduced the American Hope Act, H.R. 3591, with 116 co-sponsors, all Democrats.

The bill would provide conditional permanent resident status for undocumented aliens who were brought to the U.S. before their 18th birthday, which would permit them to live and work here legally for three years and put them on a path to Legal Permanent Resident status and citizenship.

Such bills are referred to as “DREAM Acts,” an acronym for “Development, Relief, and Education for Alien Minors Act.”

It might be more accurate, however, to call this bill “The False Hope Act.”

Bills to provide lawful status for undocumented aliens who were brought here as children have been pending in Congress since 2001, and we are yet to see one enacted legislatively, rather than by executive action.  And this one was introduced by Democrats in a Republican-controlled Congress.  Moreover, it is out of step with President Donald Trump’s policies on legal immigration.

. . . .

Why hasn’t a DREAM Act bill been enacted?  

No one knows for sure.  I think it is due mainly to the fact that the number of undocumented aliens who would benefit from such legislation could get quite large.  Also, the fact that they are innocent of wrongdoing with respect to being here unlawfully does not make it in our national interest to let them stay.  This is particularly problematic with respect to the American Hope Act.  Section 4 of this bill includes a waiver that applies to some serious criminal exclusion grounds.

Although estimates for the number of undocumented aliens who could be impacted are not available yet for the American Hope Act, they are available for similar bills that were introduced this year, the Recognizing America’s Children Act, H.R. 1468, and the Dream Act of 2017, S. 1615.

The Migration Policy Institute estimates that potentially 2,504,000 aliens would be able to meet the minimum age at arrival and years of residence thresholds for the House bill and 3,338,000 for the Senate bill.  However, some of them would need to complete educational requirements before they could apply.

Trump is supporting a revised version of the RAISE Act which would reduce the annual number of legal immigrants from one million to 500,000 over the next decade.  It does not seem likely therefore that he will be receptive to a program that would make a very substantial increase in the number of legal immigrants.

Not merit-based.

The American Hope Act would treat all immigrant youth who were brought here as children the same, regardless of educational level, military service, or work history.  Gutiérrez said in a press release, “We are not picking good immigrants versus bad immigrants or deserving versus undeserving, we are working to defend those who live among us and should have a place in our society.”

This is inconsistent with the skills-based point system in the revised version of the RAISE Act that Trump is supporting.  It would prioritize immigrants who are most likely to succeed in the United States and expand the economy.  Points would be based on factors such as education, English-language ability, age, and achievements.

Thus, Democrats’ American Hope Act as presently written is very likely to suffer the same fate as the other DREAM Acts.

Success requires a fresh, new approach, and the approach taken by the revised RAISE Act might work by basing eligibility on national interest instead of on a desire to help the immigrants.  Certainly, it would be more likely to get Trump’s support.”

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Read Nolan’s complete article over at The Hill on the above link.

I agree with Nolan insofar as any immigration bill sponsored by
Democrats at present is DOA. On the other hand, I doubt that the RAISE Act will pass either. There aren’t enough votes in the GOP caucus to pass any type of meaningful immigration reform without some help from the Democrats.

So, it doesn’t hurt for the Democrats to start laying down some specific “markers” for some future negotiations on immigration reform. Also, while it might not happen in my liftetime, history suggests that the Democrats are no more permanently “dead” as a party than the GOP was after the first Obama election and Democratic surge into power in the Executive and Legislative Branches.

The last time Democrats were in power, the Latino/Hispanic voters who had helped put them there were treated as largely non-existent. Indeed, the Obama Administration ran the U.S. Immigration Courts largely as if they were an extension of the Bush Administration, giving the advocacy community the cold shoulder, enacting zero reforms, and pitching a “near shutout” on outside appointments to the Immigration Court and the BIA over which they had total control.

The next time Democrats come into power, it would be wise of the groups that will help put them there to insist on the types of specific reforms and improvements that the Democrats are now articulating in “can’t pass” legislative proposals. And, in addition to doing something for Dreamers and other migrants who are contributing to our society, meaningful Immigration Court reform to remove it from Executive Branch control needs to be high on the list. Realistically, that’s probably going to require some bipartisan cooperation, participation, and support.

I also disagree with Nolan’s suggestion that it would not be in the national interest to let “Dreamers” stay. Of course, it would be strongly in our national interest to fully incorporate these fine young folks into our society so that they could achieve their full potential and we could get the full benefit of their talents, skills, and courage.

I had a steady stream of DACA applicants coming through my court in Arlington. Sure, some of them had problems, and DHS did a good job of weeding those folks out and/or revoking status if problems arose. But, the overwhelming majority were fine young people who either already were making significant contributions to our society or who were well positioned to do so in the future. Indeed, they were indistinguishable from their siblings and classsmates who had the good fortune to be born in the U.S., except perhaps that they often had to work a little harder and show a little more drive to overcome some of the inaccurate negative stereotypes about undocumented migrants and some of the disabilities imposed on them.

PWS

08-07-17

MORE DC AREA FAMILIES & COMMUNITIES TRASHED BY TRUMP’S ARBITRARY IMMIGRATION ENFORCEMENT POLICIES!

https://www.washingtonpost.com/local/social-issues/a-soccer-star-from-gaithersburg-won-a-college-scholarship-but-ice-plans-to-deport-him/2017/07/31/07ef1ff8-764b-11e7-8839-ec48ec4cae25_story.html?utm_term=.4783f45f9347&wpisrc=nl_buzz&wpmm=1

Rachel Chason reports for the Washington Post:

“Foster McCune will play Division I soccer at Georgetown University this fall. Matt and Ben Di Rosa, twins from the District’s Chevy Chase neighborhood, will play for the University of Maryland.

On Monday night, they stood with other members of their elite Bethesda Soccer Club outside Department of Homeland Security headquarters in Northwest Washington, protesting the arrest and pending deportation of a beloved teammate: Lizandro Claros Saravia.

Claros Saravia, 19, who had a scholarship to play college soccer in North Carolina, was detained along with his older brother, Diego, in Baltimore on Friday following one of their regular check-ins with immigration officials.

Lizandro Claros Saravia ( Courtesy of Bethesda Soccer Club )

They entered the United States illegally in 2009, fleeing violence in their native El Salvador. Lizandro Claros Saravia graduated from Quince Orchard High School in Gaithersburg this past spring and was planning to attend the two-year Louisburg College in North Carolina on a soccer scholarship this fall.

“He’s one of the hardest-working people on our team,” Matt Di Rosa said at the protest, which drew about 50 people, including family, teammates and immigration advocates. “He has a bright future, and that’s something he actively sought.”

Diego Claros Saravia, 22, graduated from high school a few years ago and works in a car repair shop.

Neither brother has a criminal record, said Nick Katz, senior manager of legal services at the immigration advocacy organization CASA de Maryland, who is representing the pair.

They would not have been priorities for deportation under the Obama administration, according to a spokesman for U.S. Immigration and Customs Enforcement. But President Trump’s administration has made clear that any undocumented immigrant is vulnerable to deportation, and there has been a steady increase in the number of people detained after otherwise routine check-ins, advocates say.

Play Video 2:42
Trump said he would deport millions. Now ICE is in the spotlight.
The White House has said they are focused on deporting undocumented immigrants who “pose a threat to this country,” but advocates say undocumented immigrants without criminal records are being detained by ICE. (Monica Akhtar/The Washington Post)

The brothers, who were detained by immigration officers when they arrived in the United States, were issued final removal orders by an immigration judge in November 2012, but were released pursuant to an order of supervision, ICE spokesman Matthew Bourke said.

They were both granted a stay of removal in 2013. But their two subsequent applications for stays were denied. Since 2016, Bourke said, ICE deportation officers have instructed the brothers to purchase tickets for departure.

“It doesn’t make any sense,” Katz said. “These are the kids who we want to stay.”

Fatima Claros Saravia, 25, cried as she held up a sign she had made for her brothers. “Stop separating families,” she wrote under photos of Lizandro playing soccer. “Let my brothers live their American dream.”

“They wanted to study and to work,” she said. “We are heartbroken — this is not fair, and it is not right.”

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Read the full story at the link.

This is an example of the type of “order” and “rationality” that Gen. John Kelly brought to DHS. That’s why I’m not as sanguine as some that he will bring any sense of order and decency to the gonzo crew in the West Wing.

“Dumb, divisive, and cruel” enforcement by DHS is likely to be the norm unless and until the majority of U.S. voters who don’t believe that this is the best use of taxpayer dollars rise up and put more responsible politicians in office.

PWS

08-01-17

 

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

LEGISLATION: SENATORS GRAHAM & DURBIN TAKE ANOTHER SHOT AT A BIPARTISAN DREAM ACT! — “When they write the history of these times, I’m going to be with these kids.”

https://www.theguardian.com/us-news/2017/jul/20/trump-undocumented-immigrants-dream-act-congress

Sabrina Siddiqui reports for The Guardian:

“A top Republican senator has challenged Donald Trump to make “a moral decision” on the fate of hundreds of thousands of undocumented immigrants brought to the US as children, part of a revamped bipartisan push to grant permanent residency to so-called Dreamers.

“The moment of reckoning is coming,” South Carolina senator Lindsey Graham warned the president and his Republican colleagues at a press conference Thursday to unveil a new iteration of legislation known as the Dream Act.

Graham was joined by Illinois senator Dick Durbin, the Democratic cosponsor of the bill who first introduced legislation of the same name 16 years ago. Their proposal, which mirrors previous legislation that failed to pass Congress multiple times, would grant legal status and a path to citizenship to Dreamers if they were longtime residents of the US.

In a sign of tough odds facing the bill, the White House swiftly rejected the notion that the president would support such a measure.

“The administration has opposed the Dream Act and we are likely to be consistent in that,” said Marc Short, the White House legislative affairs director, in an off-camera briefing with reporters on Wednesday.

Graham acknowledged the president’s candidacy was rooted in a hardline approach to immigration but cast the debate as an existential question for the party that now controls the White House and both chambers of Congress.

“President Trump, you’re going to have to make a decision,” Graham said. “The campaign is over.”

“The question for the Republican party is, what do we tell people? How do we treat them?” he added. “Here’s my answer: we treat them fairly. We do not pull the rug out from under them.”

. . . .

An emotional Graham said he first became engaged on the issue of immigration at the request of his close friend John McCain, the Arizona senator who made public on Wednesday his diagnosis with brain cancer.

Graham said he spoke with McCain three times by phone on Thursday morning, in which his closest ally’s message amounted to: “No more ‘woe is me’.”

“He is yelling at me to buck up,” Graham said. “So I’m going to buck up.”

“I’ve stopped letting 30% of the people who are mad about immigration to determine how I behave … When they write the history of these times, I’m going to be with these kids.”

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Read the complete article at the link.
Senator Graham makes an excellent point. When the history of these times is written, long after we’re all gone, folks like Donald Trump, Mike Pence, Jeff Sessions, Steve Bannon, Steve Miller, Kris Kobach and many others, primarily from the GOP, are going to look every bit as bad as they actually are. And their supporters aren’t going to look good to future generations either.  Being on the wrong side of history is always a bad idea.
PWS
07-20-17

 

TAL KOPAN AT CNN: DACA IN PERIL –“If you’re going to count on Jeff Sessions to save DACA, then DACA is ended!”

http://www.cnn.com/2017/07/12/politics/daca-jeopardy-kelly/index.html

Tal Reports:

“Washington (CNN)The DACA program, which protects undocumented immigrants brought to the US as children, could be in serious jeopardy, President Donald Trump’s secretary of Homeland Security told lawmakers Wednesday.

Secretary John Kelly told Democrats of the Congressional Hispanic Caucus that while he personally supports the program, he could not commit to the Trump administration defending it, according to members in attendance and Kelly’s spokesman, David Lapan.
Kelly said that legal experts he’s talked to both inside and outside the administration have convinced him that it is unlikely the DACA program, the Obama administration’s Deferred Action for Childhood Arrivals executive action, would sustain a court challenge.
Kelly said he has discussed DACA with Attorney General Jeff Sessions but wouldn’t describe the contents of those conversations. Sessions is an immigration hard-liner who has been outspoken against the Obama administration policy.
“He did not indicate that they would (defend it). He didn’t say that they wouldn’t, but he didn’t say that they would,” said New Jersey Democratic Sen. Bob Menendez. “So between that and what he says is the legal analysis he’s heard, it’s not a pretty picture.”
The issue may be forced later this year. There is a pending lawsuit on a related program, deferred action for parents of childhood arrivals, that will come up in September, and attorneys general from 10 states are threatening to add DACA to their complaints, which could force the administration to defend or abandon it.
Kelly suggested to lawmakers they work to pass immigration reform, but lawmakers expressed frustration that Kelly seemed to ignore the difficulty of passing legislation and the Republican opposition to extending DACA. They were also unhappy he seemed unaware there were any bills to make the program permanent, including the bipartisan BRIDGE Act and other proposals including from some Republicans — “to which there was a combination of laughter and appalled shock in the room,” said California Rep. Nanette Barragán.
. . . .
“If you’re going to count on Jeff Sessions to save DACA, then DACA is ended,” Illinois Rep. Luis Gutiérrez said.”
****************************************************
Read Tal’s complete article at the link.
The Trump Administration probably could garner bipartisan support for some sort of long-term legislative relief for “DACA/Dreamers.” But, so far, they haven’t shown much interest in doing so.
PWS
07-13-17

 

TEXAS AG PAXTON, OTHER GOP RACIST POLITICOS MOUNT ATTACK ON YOUNG PEOPLE OF COLOR!

http://www.cnn.com/2017/06/30/politics/trump-daca-bind/index.html

Tal Kopan reports for CNN:

“Washington (CNN)President Donald Trump has let a controversial Obama-era immigration policy continue — and conservative states are running out of patience.

Texas Attorney General Ken Paxton was joined by his counterparts in nine other states in a letter Thursday warning Attorney General Jeff Sessions that if the Trump administration does not move to end Deferred Action for Childhood Arrivals, they will file a court challenge to the program.
At the heart of the threat is ongoing litigation over a related program — giving the attorneys general an opening to squeeze the administration on DACA.
Despite explicitly pledging during the campaign to “immediately” rescind DACA, a program that gives undocumented immigrants brought to the US as children protection from deportation and the ability to work and study in the US, the Trump administration has continued to honor the program and issue new permits under it.
With its efforts, the administration appears to want to have it both ways, continuing the program and pledging to protect its participants while saying the situation isn’t necessarily permanent and arresting those who officials say have lost their DACA status. But that position has angered activists on both sides of the issue, who in a rare moment of agreement have expressed similar frustrations that the administration won’t clearly articulate its long-term plans for DACA.
At issue is pending litigation in Texas that has challenged an Obama administration program that’s similar to DACA but geared toward parents of childhood arrivals as well as an extension of the childhood arrivals program, both of which were never allowed to go into effect by the courts.
The Trump administration formally abandoned the Deferred Action for Parents of Americans and Lawful Permanent Residents program, known as DAPA, earlier this month to avoid having to defend it in court. But it left DACA on the books despite similar criticism of that program — namely that both programs were an overreach of executive authority.
Asked by CNN about that decision, Homeland Security Secretary John Kelly at the time called it “house cleaning,” saying the program for parents was blocked by the courts while the one for those who came to the US was children wasn’t.
But Paxton wrote that if the administration doesn’t end DACA by September 5, Texas will amend its complaint in the case to include that program — which would force the administration to defend the program in litigation or abandon it.
“We respectfully request that the Secretary of Homeland Security phase out the DACA program,” Paxton wrote in the ultimatum. “Otherwise, the complaint in that case will be amended to challenge both the DACA program and the remaining Expanded DACA permits.”
The Department of Justice and DHS did not respond to a request for comment on the letter. Sessions was asked about it on “Fox and Friends” on Friday and seemingly praised the states.
“The DAPA law has already been withdrawn,” Sessions said when asked what changes could be coming. “That was a big victory, and we’ll be looking at that. But I’ve got to tell you, I like it that our states and localities are holding the federal government to account, expecting us to do what is our responsibility to the state and locals, and that’s to enforce the law.”

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Trying to throw 800,000 American young people — basically America’s future — out of the country and sow fear in local ethnic communities has nothing whatsoever to do with law enforcement. But, it has lots to do with racism and white nationalism. The real target here is Hispanic Americans and other ethnic Americans from immigrant roots.

Paxton, Texas Governor Greg Abbott, Kansas Secretary State Kris Kobach and their followers are the George Wallaces, Lester Maddoxes, and Orval Faubuses of our time. Yeah, white racists might be giving it one more go. But, like the Trump victory, it is the last gasp. Eventually, the screw will turn as it did for prior generations of racist politicians.

To point out the obvious, with 600,000 pending cases in U.S. Immigration Court, the Trump Administration could not actually remove another 800,000 individuals any time in the foreseeable future. So, it’s all about meanness, fear, racism, white nationalism, and trying to prevent these young people from fully participating in our society. In other words, to make them a permanent underclass. Sound familiar?

The Dream Act to protect these young people should have become law years ago. But, then Senator Jeff Sessions and other GOP right wingers blocked its passage, even though it had the support of the majority of Senators. So, although legislation would be the logical solution, I wouldn’t count on it under today’s polarized conditions.

And, today’s GOP has become the home of racists and white supremicists.  Something that anyone who runs on the GOP ticket or pulls the lever for a GOP candidate should consider.

PWS

07-01-17

The Gibson Report For June 19, 2017

The Gibson Report, June 19, 2017

Thanks, Elizabeth!

PWS

06-19-17

NYT SATIRE: Bret Stephens Says Only Mass Deportation (Of “So-Called ‘Real Americans'”) Can Make America Really Great!

https://www.nytimes.com/2017/06/16/opinion/only-mass-deportation-can-save-america.html

Bret Stephens writes:

“In the matter of immigration, mark this conservative columnist down as strongly pro-deportation. The United States has too many people who don’t work hard, don’t believe in God, don’t contribute much to society and don’t appreciate the greatness of the American system.

They need to return whence they came.

I speak of Americans whose families have been in this country for a few generations. Complacent, entitled and often shockingly ignorant on basic points of American law and history, they are the stagnant pool in which our national prospects risk drowning.

On point after point, America’s nonimmigrants are failing our country. Crime? A study by the Cato Institute notes that nonimmigrants are incarcerated at nearly twice the rate of illegal immigrants, and at more than three times the rate of legal ones.

Educational achievement? Just 17 percent of the finalists in the 2016 Intel Science Talent Search — often called the “Junior Nobel Prize” — were the children of United States-born parents. At the Rochester Institute of Technology, just 9.5 percent of graduate students in electrical engineering were nonimmigrants.

Religious piety — especially of the Christian variety? More illegal immigrants identify as Christian (83 percent) than do Americans (70.6 percent), a fact right-wing immigration restrictionists might ponder as they bemoan declines in church attendance.

Business creation? Nonimmigrants start businesses at half the rate of immigrants, and accounted for fewer than half the companies started in Silicon Valley between 1995 and 2005. Overall, the share of nonimmigrant entrepreneurs fell by more than 10 percentage points between 1995 and 2008, according to a Harvard Business Review study.

Nor does the case against nonimmigrants end there. The rate of out-of-wedlock births for United States-born mothers exceeds the rate for foreign-born moms, 42 percent to 33 percent. The rate of delinquency and criminality among nonimmigrant teens considerably exceeds that of their immigrant peers. A recent report by the Sentencing Project also finds evidence that the fewer immigrants there are in a neighborhood, the likelier it is to be unsafe.

Photo

Immigrants cheering at the start of a naturalization ceremony in Atlanta last fall. CreditDavid Goldman/Associated Press

And then there’s the all-important issue of demographics. The race for the future is ultimately a race for people — healthy, working-age, fertile people — and our nonimmigrants fail us here, too. “The increase in the overall number of U.S. births, from 3.74 million in 1970 to 4.0 million in 2014, is due entirely to births to foreign-born mothers,” reports the Pew Research Center. Without these immigrant moms, the United States would be faced with the same demographic death spiral that now confronts Japan.

Bottom line: So-called real Americans are screwing up America. Maybe they should leave, so that we can replace them with new and better ones: newcomers who are more appreciative of what the United States has to offer, more ambitious for themselves and their children, and more willing to sacrifice for the future. In other words, just the kind of people we used to be — when “we” had just come off the boat.”

. . . .

Beyond the inhumanity of toying with people’s lives this way, there’s also the shortsightedness of it. We do not usually find happiness by driving away those who would love us. Businesses do not often prosper by firing their better employees and discouraging job applications. So how does America become great again by berating and evicting its most energetic, enterprising, law-abiding, job-creating, idea-generating, self-multiplying and God-fearing people?

Because I’m the child of immigrants and grew up abroad, I have always thought of the United States as a country that belongs first to its newcomers — the people who strain hardest to become a part of it because they realize that it’s precious; and who do the most to remake it so that our ideas, and our appeal, may stay fresh.

That used to be a cliché, but in the Age of Trump it needs to be explained all over again. We’re a country of immigrants — by and for them, too. Americans who don’t get it should get out.”

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Read the rest of Stephens’s op-ed at the link.

As I often say, only naturalized citizens had to go through a merit-based process to obtain their U.S. citizenship. For the rest of us, it was just an accident of birth that we personally did nothing to deserve or merit.

PWS

06–18-17