Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
“Almost half of Americans believe that corruption is pervasive in the White House under President Trump, a sharp increase over last year, according to a new survey. Americans now see Trump and his top officials as the most corrupt public officials in government, despite his campaign pledge to drain the swamp.
A new report out Tuesday compiled by Transparency International, the leading nonprofit organization tracking corruption worldwide, shows Americans have significantly lost faith that their government is ably fighting corruption, compared to last year. Overall, Washington-based government institutions are viewed by Americans are more corrupt than those outside the Beltway, the report found. But the Trump White House tops the list.
According to the group’s 2017 U.S. Corruption Barometer, 44 percent of respondents said that most or all of the officials in the office of the president are corrupt, up from 38 percent at the end of Obama’s second term.
Members of Congress are seen as the second most corrupt group of government officials of the nine categories in the survey, with 38 percent of Americans viewing them as mostly or all corrupt. After that, Americans perceive corruption as pervasive in non-White House government officials, business executives, local officials and business leaders in decreasing proportions. Only 16 percent of respondents viewed judges and magistrates as mostly or all corrupt, according to the data.
Meanwhile, 69 percent of respondents said the U.S. government is fighting corruption “fairly badly” or “very badly,” up from 51 percent in 2016. More than half of respondents said people don’t report corruption due to fear of retaliation.
Transparency International defines corruption as “the abuse of entrusted power for private gain.” Key issues within that definition include the influence of wealthy individuals over government, “pay for play” politics, revolving doors between government and corporate entities and the abuse of the financial system by elites.
The perception of Trump and his top officials as being corrupt is easy to understand. Trump and his family have scores of well-documented conflicts of interest they have dealt with in an opaque manner. Meanwhile, Trump’s failure to divest fully from his businesses, combined with his failure to release his tax returns, has fueled suspicions.
The phone survey, performed by the company Efficience3, included interviews of 1,005 randomly selected Americans in October and November. The data were weighted to be demographically representative of all American adults by age, race, gender, urbanization, social grade and ethnicity.
Zoe Reiter, Transparency International’s U.S. representative, said that the study was meant to form a basis for understanding how government is failing to uphold high anti-corruption standards and provide a call to action for Americans to respond. She pointed out that 74 percent of respondents said they believed ordinary people still can make a difference.
“The good news is a majority of Americans feel empowered to fight corruption,” she said. “Since our elected officials are failing to deliver, we need to figure out a way to push them much harder to take these issues more seriously.”
Read the rest of the article at the link.
There is some disconnect here, because some of the folks who now are concerned about corruption voted for Trump and the GOP, despite more than ample public evidence of his endemic dishonesty, congenital lying, incompetence, and general immorality. Garbage in — garbage out!
But, the answer to the problem is still pretty obvious:
Vote Trump and his corrupt cronies out of office;
Dismantle the current version of the GOP, which has become an “aider and abettor” of corruption, greed, immorality, and bad government.
Yes, we could and should have a viable two-party system. But, no major party should include horrible immoral individuals like Donald Trump, “Ayatollah Roy,” Steve King, Stephen Miller, or Steve Bannon whose views are deeply Anti-American and threatening to our continued existence as a nation and to the entire free world!
“The number of people caught trying to sneak over the border from Mexico has fallen to the lowest level in 46 years, according to Department of Homeland Security statistics released Tuesday that offer the first comprehensive look at how immigration enforcement is changing under the Trump administration.
During the government’s 2017 fiscal year, which ended Sept. 30, U.S. border agents made 310,531 arrests, a decline of 24 percent from the previous year and the fewest overall since 1971.
The figures show a sharp drop in apprehensions immediately after President Trump’s election win, possibly reflecting the deterrent effect of his rhetoric on would-be border crossers; starting in May, the number of people taken into custody began increasing again.
Arrests of foreigners living illegally in the United States have surged under Trump. Immigration and Customs Enforcement officers made 110,568 such arrests between inauguration and the end of September, according to the figures published Tuesday, a 42 percent increase over the same period during the previous year.
Tom Homan, ICE’s temporary director and Trump’s nominee to lead the agency, praised the president and gave a vigorous defense of ICE’s more aggressive approach.
“This president, like him or love him, is doing the right thing,” Homan told reporters at a news conference in Washington, accompanied by the heads of the U.S. Border Patrol and Citizenship and Immigration Services.
“A 45-year low in border crossings? That’s not a coincidence,” Homan said. “That’s based on this president and his belief and letting the men and women of ICE and the Border Patrol do their job.”
[How Trump is building a border wall no one can see]
Trump’s sweeping promises to crack down on illegal immigration fueled his presidential campaign and are at the center of his most ambitious domestic policy proposals, including construction of a wall along the border with Mexico.
Asked whether such a barrier was justifiable given its high cost and the decline in illegal immigration, DHS officials endorsed the president’s plan.
“In this society, we use walls and fences to protect things. It shouldn’t be different on the border,” said Ronald Vitiello, chief of the Border Patrol.
Apprehensions by Border Patrol agents peaked at more than 1.6 million in 2000 and began falling substantially after 2008. The previous low point was 331,333 arrests, during fiscal 2015. Experts have attributed the decline to tougher U.S. enforcement, improving job prospects in Mexico and long-term demographic changes that have driven down the country’s birthrate.
On the U.S.-Mexico border, Trump supporters wait for th
Still, the drop in border arrests is among the sharpest year-to-year changes on record, one that only casts more doubt on the wisdom of building a border wall, said Doris Meissner, senior fellow at the Migration Policy Institute, a Washington think tank.
“It’s a throwback response to yesterday’s problems,” she said, arguing that the money would be better spent addressing what accounts for a growing share of illegal migration: families with children fleeing rampant violence and dismal poverty in Central America.
Border agents took more than 75,000 “family units,” classified as at least one child and a related adult, into custody during fiscal 2017. But the number of unaccompanied minors fell 31 percent, to 41,435.”
Read the complete article at the link.
This has to be what true greatness looks like! Imagine a world without those pesky undocumented workers to support our economy, our society, and our “American” way of life! That’s making America Great Again!
I’m sure future generations will be inspired by Homan’s humanity and wisdom as they pick produce or pound shingles in 100 degree heat, clean toilets, empty urine bags for the elderly and handicapped, clean tables, wash dishes, limb trees, shuck oysters, schlep concrete blocks, dig ditches, and, horror of horrors, take care of their own children while working full-time. Man, that’s going to be “America the Great” just as Trump, Sessions, Bannon, Miller, Homan, and others envision it!
And, the best part: we won’t have to worry about any of that burdensome, nasty “globalism” and the unfair burden of global leadership! That’s because the Chinese, Indians, Canadians, Mexicans, and Europeans will be in charge of the world economy and the Ruskies will control world politics. So we can enjoy our little White Nationalist enclave modeled on post-revolutionary Cuba — life in the 1950’s preserved forever! Save those “Classic ’57 Chevies!”
Kinda sorry I won’t be here to enjoy it! But, then again, I already lived through the real 1950’s once — Cold War, Jim Crow, segregation, anti-semitism, racial covenants, no women doctors, lawyers, or execs, African Americans only welcome on the football fields and basketball courts of a few Northern colleges! Boy, it was great! But, not sure I want to do it again, even to experience the pure, unadulterated joy of having “my Milwaukee Braves” win the 1957 World Series (before fleeing to Atlanta)!
On the flip side, at Homan’s “record pace” of “law enforcement,” he and his minions will have every single undocumented American resident removed from the U.S by 2080 — that’s if no more arrive in the interim. And, the really great thing — they and those around them (including U.S. citizen kids and family members) will be living in fear every moment for the next six decades! Now, that’s something of which we can be truly proud! Of course, this all assumes that the North Koreans don’t nuke us and the rest of the world out of existence first!
“Economists and tax experts are overwhelmingly skeptical that the bills in the House and Senate can generate meaningful job growth and economic expansion. Many view the legislation not as a product of genuine deliberation, but as a transfer of wealth to corporations and affluent individuals — both generous purveyors of campaign contributions. By 2027, people making $40,000 to $50,000 would pay a combined $5.3 billion more in taxes, while the group earning $1 million or more would get a $5.8 billion cut, according to the Joint Committee on Taxation and the Congressional Budget Office.
“When you put all these pieces together, what you’re left with is we are squandering a giant sum of money,” said Edward D. Kleinbard, a former chief of staff at the Congressional Joint Committee on Taxation who teaches law at the University of Southern California. “It’s not aimed at growth. It is not aimed at the middle class. It is at every turn carefully engineered to deliver a kiss to the donor class.”
In a recent University of Chicago survey of 38 prominent economistsacross the ideological spectrum, only one said the proposed tax cuts would yield substantial economic growth. Unanimously, the economists said the tax cuts would add to the long-term federal debt burden, now estimated at more than $20 trillion.
If the package does have a guiding philosophy, it is a return to trickle-down economics, an enduring story line in which the wealthy are supposed to spend and invest their tax breaks, creating jobs and commercial opportunities for everyone else.
As President Ronald Reagan slashed taxes in the 1980s, he argued that citizens, not bureaucrats, should decide how to spend their money. President George W. Bush bestowed enormous tax cuts on the affluent.
But the trickle-down story has yet to achieve its promised happy ending. Only the beginning reliably transpires, the part where wealthy people get relief. The spoils of resulting economic growth have largely been monopolized by those with the highest incomes. Pay for most American workers has been stagnant since the mid-1970s, after the rising costs of housing, health care and other basics are factored in.
Nonetheless, Republicans are staging a trickle-down revival.
“Either it’s a religious belief, a belief where no amount of evidence would change that, or they are using the argument cynically and they just want more money for themselves,” the economist Joseph E. Stiglitz, a Nobel laureate, said.
Mr. Stiglitz has long warned of the perils of growing inequality while deriding tax-cutting inclinations. Yet even those who have favored lighter tax burdens are critical of the current proposals.
In the late 1970s, Bruce Bartlett developed what would become the locus of the Reagan tax cuts while working for Representative Jack Kemp, a conservative Republican from New York. Those cuts helped cushion the pain from sharp increases in interest rates by the Federal Reserve, Mr. Bartlett maintains. But Reagan was lowering the highest tax rate on individuals from 70 percent down to 28 percent by 1986.
“What they have here is a big tax cut for the rich paid for with random increases in taxes for various constituencies,” Mr. Bartlett said. “It’s ridiculous. And it’s telling that they are ramming this through without any debate. All of the empirical evidence goes against the tax cut.”
The meat of the package is a permanent lowering of the corporate tax rate, to 20 percent from 35 percent, which business leaders have long wanted. Proponents assert that this would prompt multinational companies to expand operations in the United States.
“We’ve been bleeding corporate headquarters and production for a long time,” said Douglas Holtz-Eakin, a former director of the Congressional Budget Office and now president of the American Action Forum, a nonprofit that promotes smaller government.
But recent history suggests that when corporations get tax relief, they find abundant uses for money that do not involve paying higher wages. They give dividends to shareholders and stock options to executives. They stash earnings in tax havens.
In 2004, Congress invited American corporations to bring home overseas earnings at a sharply reduced rate, pitching it as a means of bolstering investment. But the corporations spent as much as 90 percent of their windfall buying back their shares, according to Bureau of Economic Analysis research.
If Congress bestows fresh relief on major businesses, signs suggest a similar result. Many companies are enjoying record profits. Those in the Fortune 500 had $2.6 trillion salted away overseas as of last year.
“In our boardroom, the number-one thing we’re talking about is not taxes,” said Jeremy Stoppelman, chief executive of Yelp, the online review platform. “Having a strong middle class out there spending money is what’s most important for our business.”
If the tax bill widens inequality, local communities will likely find themselves with fewer resources to aim at helping struggling people.
In high-tax states like California, New York, New Jersey and Connecticut — where electorates have historically shown a willingness to finance ample safety-net programs — the measure could change the political calculus. It would magnify the costs to taxpayers, pressuring states to stay lean or risk the wrath of voters.
Some see in this tilt a reworking of basic principles that have prevailed in American life for generations.
. . . .
Since the 1930s, when President Franklin D. Roosevelt created Social Security, unemployment benefits and other pillars of the safety net to combat the Great Depression, crises have been tempered by some measure of government support. Recent decades have brought cuts to social services, but the impact of the current bill could be especially consequential.
“This is a repudiation of the social contract that Franklin Roosevelt announced at the New Deal,” Joseph J. Ellis, a Pulitzer Prize-winning American historian, said of trimming benefits for lower- and middle-income families to finance bigger rewards for the wealthy. Health coverage would shrink under the Republican plan while multimillion-dollar estates would not have to pay a penny in taxes.
The tax cut package, for instance, could trigger rules mandating cuts to Medicare, the government health care program for seniors, the Congressional Budget Office warned. Some 13 million people could lose health care via the elimination of a key plank of Obamacare. Insurance premiums are also expected to rise by 10 percent.
“This tax bill is a grand deception,” said Arnold Hiatt, the former chief executive of Stride Rite, which makes children’s shoes. “It hurts the most vulnerable, and hurts health care and education, which are essential for a healthy economy.”
The proposals break from seven decades’ worth of federal efforts to broaden access to higher education.
Since World War II, the guiding sense has been that “it is government’s responsibility to provide higher education for all those who can benefit from it,” said David Nasaw, a historian at the Graduate Center of the City University of New York. That idea was behind the G.I. Bill, which helped generations of veterans pay for college and training.
The House bill includes provisions that would end the deductibility of tuition waivers for graduate students and repeal the deduction for interest paid on student loans. Both chambers’ bills would tax investment earnings from university endowments.
The endowment tax, in particular, threatens the ability of low-income students to pursue college and graduate studies, said Ron Haskins, a senior fellow at the Brookings Institution. Proceeds from endowments subsidize students from lower-income families, while allowing students across the board to graduate with less debt.
“When the time of reckoning comes to fix huge deficits, social safety-net programs will be first on the chopping block,” Julian E. Zelizer, a professor of history and public affairs at Princeton University, said.
“It’s very far-reaching,” he added, “but there hasn’t been much of a debate.”
Read the complete, revealing but disturbing, article at the link. We’re ultimately going to look more like a (at least temporarily) well-to-do “Banana Republic” with the rich on top and in power; everyone else scrambling; lots of excess guns and ammo; and a lower standard of living for average folks to support the privileged power class. And, the GOP has managed to pull all of this off at the ballot box and without any true debate or public accounting, relying on the overall inability of the electorate to figure out that they are being fleeced by their own representatives. Pretty impressive!
Maria Sacchetti and Nick Miroff report in the Washington Post:
“President Trump’s vision of a “big, beautiful” wall along the Mexican border may never be realized, and almost certainly not as a 2,000-mile physical structure spanning sea to sea.
But in a systematic and less visible way, his administration is following a blueprint to reduce the number of foreigners living in the United States — those who are undocumented and those here legally — and overhaul the U.S. immigration system for generations to come.
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. While some actions have drawn widespread attention, others have been put in place more quietly.
The administration has moved to slash the number of refugees, accelerate deportations and terminate the provisional residency of more than a million people, among other measures. On Monday, the Department of Homeland Security said nearly 60,000 Haitians allowed to stay in the United States after a devastating 2010 earthquake have until July 2019 to leave or obtain another form of legal status.
. . . .
Even as they fight court orders seeking to halt parts of Trump’s immigration agenda, Sessions, White House senior adviser Stephen Miller and other key players are finding ways to shrink the immigration system. Miller was an aide to Sessions before both men joined the administration; in less than a year, their immigration policy prescriptions have moved from the realm of think-tank wish lists to White House executive orders.
In October, the White House — in a plan led by Miller — said it had conducted a “bottom-up review of all immigration policies” and found “dangerous loopholes, outdated laws, and easily exploited vulnerabilities in our immigration system — current policies that are harming our country and our communities.”
. . . .
Trump’s tough talk alone appears to be one of the administration’s best bulwarks: Illegal crossings along the border with Mexico have plunged to their lowest level in 45 years, and U.S. agents are catching a far greater share of those attempting to sneak in. Applications for H-1B skilled visas and new foreign-student enrollment have also declined.
William Frey, a demographer at the Brookings Institution, said that until now U.S. immigration rates have largely spared the country from the challenges facing advanced industrial nations such as Japan and Germany that can’t replace aging workers fast enough. By slashing immigration, Frey said, the country could end up with labor shortages and other workforce issues.
But although some of Trump’s most fervent supporters see curbing immigration as a way to turn back the United States’ rapid racial and ethnic transformation, Frey said it is an unrealistic goal. By 2020, census projections show minorities will account for more than half of the under-18 U.S. population, because of higher birthrates in nonwhite populations. And by 2026, the number of whites is projected to begin declining in absolute numbers, he said, as deaths exceed births.
“You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,” Frey said. “It will just become less white at a slower pace.”
Trump continues to insist his administration will build a border wall, despite exorbitant cost projections and senior DHS officials saying a 2,000-mile structure is impractical. His supporters say they admire the president for plowing ahead in his overhaul efforts and see a historic, generational shift underway.
“There is more than one way to get to the goal,” Dane said. “Legislative solutions are all great, but clearly the administration has done things behind the scenes. . . . The results have been dramatic.”
Read the full article at the link.
It’s no surprise that guys like Jeff “Gonzo Apocalypto” Sessions and his henchman Stephen Miller are leading this racist-inspired, xenophobic “race to the bottom” that if successful would likely tank our economy and cause even more inequality and social unrest as well as inflicting all sorts of unnecessary pain and suffering on long time residents, needed and productive workers, and the most vulnerable individuals seeking protection under U.S. and international laws. Really, hard to see how guys like this with retrograde ideas that come right from the “Jim Crow era” of American history get into positions of power for which they are so totally unqualified, both by background and temperament. But, then again, look at whom we have elected our President to represent us on the international scene.
The good news for the majority of Americans is that the “turn back the clock” plan is ultimately likely to fail. We will eventually move forward again as a diverse, productive, “country of immigrants,” and restore humane and humanitarian values to our national and international profile.
“Sadly this sickness may have started inside the Trump family. Jeff Sessions is just a hapless victim of some brain-corroding virus
For so many people who are close to Donald Trump, Russia is the Bermuda Triangle of their memory.
Conversations and meetings seem to pass through this mysterious quadrant of their brains and simply disappear. Even when the wreckage is found on some server or other, they profess ignorance, confusion or innocence. And sometimes all three at once.
On Tuesday the synapses inside the skull of attorney general Jeff Sessions magically reconnected around a March 2016 campaign meeting in which he heard Trump’s point man on Russian policy discuss how the candidate could get together with one Vladimir Putin.
This is kind of awkward since Sessions had sworn, like the honorable southern gentleman that he is, that there were no absolutely no such contacts with the Russians, no siree.
Fortunately for the former senator, his amnesia has recovered enough to remember that he pooh-poohed the idea of a Trump-Putin meeting. Somehow he could remember none of the other sordid details of what normal people would call collusion.
Donald Trump Jr communicated with WikiLeaks during final stages of election
“I had no recollection of this meeting until I saw these news reports,” Sessions told the House judiciary committee, before he recalled only the details of the meeting that made him look good.
Sadly this sickness may have started inside the Trump family itself, in which case Sessions is just a hapless victim of some brain-corroding virus. After all, Donald Trump Jr, the president’s son, shows repeated symptoms of Moscow Memory.
It is only five long months since we learned about the slick-haired son’s meeting with a Russian lawyer. Luckily his father was on hand to draft a press statement saying the meeting was no big deal: just a casual chat about Russian adoptions.
But then there were all those leaked emails from Trump Jr himself in which he set up the “adoptions” meeting. “I love it,” he wrote, when offered a Russian government trove of “official documents and information that would incriminate Hillary”.
Once the emails were public, Trump Jr denounced the leaks and claimed he was being wonderfully transparent after all.
This makes the latest leaks – involving WikiLeaks, no less – all the more conclusive in diagnosing this Putin-induced amnesia. It also makes them more exquisitely ironic.
As reported by the Atlantic, in the final stages of last year’s presidential election, our forgetful protagonist was coordinating campaign efforts and tweets with WikiLeaks.”
Read the rest of Wolffe’s op-ed at the link.
Good thing Mrs. Sessions accompanies him to these hearings. Otherwise, I doubt that Ol’ Gonzo could find the hearing room or his way back home. How does he even know what day it is or remember his name?
“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.”
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.
“Despite the Trump administration’s repeated attempts to frame illegal immigration as a threat to public safety, the poll also found an overwhelming majority believe that people without legal residency help revitalize cities as opposed to increasing crime.
The survey results, poll analysts and policy experts said, reflect ongoing trends in California, where through the decades the public has tended to support immigrants in the country illegally, even when federal or state political leaders have stoked anti-immigrant sentiment to rally their bases.
“We have seen this in California forever,” said Jill Darling, the survey director for the Center for Economic and Social Research at USC. “People, including Republicans, have been more supportive of immigrants and reform, even to the point of supporting a path to citizenship, more so than Republican leadership.”
Most poll participants also expressed positive perceptions of people without legal residency in the country.
Nearly 63% of people surveyed said they believed immigrants without legal status strengthened the economy, as opposed to roughly 38% who said they took away jobs. Sixty-six percent said immigrants in the country illegally helped revitalize cities, and about 34% — including more than 72% of Republicans — believed they increased crime.
Policy experts said the poll results reflect the explosive growth of Latinos, Asians and other minority communities that tend to lean Democratic. California’s families are so diverse, they said, that nearly everyone knows someone who came to the country as an immigrant — legally or illegally.
It also reflects a shift away from the “us-versus-them” rhetoric that damaged the Republican brand in the 1990s, political consultants and immigration policy experts said. During that time, Gov. Pete Wilson was criticized for using footage of people running across the border to dramatize the problem of illegal immigration, and voters passed propositions to bar immigrants in the country illegally from public benefits, outlaw affirmative action programs and teach only English in schools.
That “no longer reflects our reality,” said Mindy Romero, director of the California Civic Engagement Project. “In a state like California, immigrants are us.”
Andrew Medina, state policy manager for Asian Americans Advancing Justice, said he wasn’t surprised by the results of the poll — or by the approval among California residents for the sanctuary state law. A study released in February by the Public Policy Institute of California found that a solid majority of Californians believe the state and local governments should make their own policies and take action to protect the rights of immigrants who are here illegally.
The final language of the sanctuary state law was the result of months of tough negotiations among Gov. Jerry Brown, Senate leader and bill author Kevin de León (D-Los Angeles), and law enforcement officials.
It will largely prohibit state and local law enforcement agencies from holding or sharing information about people with federal immigration agents unless those individuals have been convicted of one or more offenses from a list of 800 crimes outlined in a 2013 state law.
Federal immigration authorities still will be able to work with state corrections officials — a key concession Brown had demanded — and will be able to enter county jails to question immigrants. But the state attorney general’s office will be required to publish guidelines and training recommendations to limit immigration agents’ access to personal information.
“It is positive that these polls show that there is support for immigrant communities, and it is especially positive in this era,” Medina said.
Still, Romero advised caution.
“Discrimination against immigrants is very real and a danger,” she said, pointing to anti-immigrant rhetoric at the national level. “I think we can’t rest on a changing landscape in California and just assume that things will continue to be more receptive and open.”
Read the complete article at the link.
The Trump-Sessions-Miller-Bannon bogus White Nationalist program of portraying bigotry and racism as “law enforcement” ultimately will fail. Truth will win out. But, that doesn’t mean that lots of damage won’t be inflicted along the way by restrictionists on vulnerable individuals, their defenders, our society, our economy, and our international leadership and reputation.
Resist the false messages with truth! Support truth with action!
“One of the biggest future crises in U.S. health care is about to collide with the hottest political issue of the Trump era: immigration.
As the largest generation in American history – the baby boom – heads into retirement and old age, most of those aging boomers will need someone to help take care of them for at least some portion of their twilight years. Demand for home health aides is expected to outstrip the growth for nearly all other jobs in coming decades, with the Bureau of Labor Statistics projecting the number of home health aide positions will increase 38 percent by 2024. That puts it among the top five fastest-growing U.S. occupations.
So who’s going to do it? The question is one of the biggest uncertainties looming over not only the health care, but the labor market overall. Health policy experts have been raising the alarm for some time: No matter how you look at it, the United States is going to need a lot more caretakers and home health aides. And we’re going to need them soon.
Right now, immigrant workers fill a significant share of the formal and informal caretaker workforce. In health care overall, immigrants (both legal and undocumented) make up roughly 17 percent of workers, on par with their representation in the broader labor force. When it comes to home health care, however, that figure is considerably higher: about 24 percent, according to the nonpartisan Migration Policy Institute.
There’s a reason foreign-born workers take so many home health jobs: they’re low-paid, low-skilled and increasingly plentiful. Barriers to entry are low; a high school degree is not usually a requirement and neither is previous work experience. Much caretaking comes from family members, of course. But with families getting smaller, more Americans living alone and chronic diseases growing more complex, a lot of that care in the future will need to come from professionals.
The job also isn’t easy. Home health aides can be tasked with bathing and feeding clients, cleaning the person’s house, driving them to doctor’s appointments and even helping with trips to the bathroom. It’s one of those occupations that comes to mind “when people say that immigrants do the jobs that Americans don’t want to do,” notes Patricia Cortés, an assistant professor of markets, public policy and law at Boston University’s Questrom School of Business.
Bianca Frogner, an associate professor at the University of Washington School of Medicine, said the low barriers to entry make it a natural fit for immigrants who are new to the U.S. workforce. “It’s easy to get into and they’re in high demand,” she said.
This is where politics comes in: The current move to curb immigration threatens to cut off the main supply of potential new workers to care for aging Americans.
Illegal immigration isn’t the issue. The home health care immigrant workforce is vastly legal. The Pew Research Center found that just 4 percent of nursing, psychiatric and home health aides are in the country without legal status, based on an average from 2005 to 2014. Some home health aide positions require certification, which may drive down the ranks of undocumented immigrants in those positions.
The question for the health care system is what will happen to the flow of legal immigrants. Trump and immigration hawks in Congress have endorsed a bill that would cut legal immigration in half over a decade. The bill would also refocus the immigration system to prize better-educated and more highly skilled immigrants — potentially choking off the supply of lower-skilled workers who are the likeliest candidates to fill the home health aide jobs of the future.
In theory, native-born Americans could take some of those jobs, but there are reasons to assume they won’t.
. . . .
The strange thing about home health care work is that immigrants don’t appear to drive down wages, as happens in some other fields. If anything, they tend to push wages higher. Naturalized citizens who worked as nursing, psychiatric and home health aides earned 22 percent more than their U.S.-born counterparts, according to 2015 American Community Survey data analyzed by the University of Washington Center for Health Workforce Studies.
Lindsay Lowell of Georgetown University’s Institute for the Study of International Migration, said the wage phenomenon and the fact that the work is a natural fit for new immigrants make it a no-brainer: Immigrants are our best caretaking option for the foreseeable future. “You put all that together,” Lowell said, “and I think it’s a good thing.”
Read the complete article at the link.
In a sane system led by competent individuals with the common good in mind, this would be a “no brainer.” Legalize the existing undocumented workforce to provide some “upward and sideways” mobility to staff these jobs in the short run, while expanding legal immigration opportunities for these positions in the future. More legal immigration would also contribute to the tax coffers and add needed workers to the Social Security contribution base. Moreover, it would conserve considerable Government funds now being squandered on counterproductive immigration enforcement and unnecessary detention, as well as relieving the pressure on the overwhelmed Immigration Courts. That, in turn, would free up enforcement resources to concentrate on removing serious criminals and shutting down international smuggling cartels.
However, when policy is driven by bias, prejudice, and irrationality, as with guys like Trump, Sessions, Bannon, Miller, and the “RAISE Act Bunch” the results are a lose – lose.
”IMMIGRATION OFFICIALS outdid themselves this week when they took into custody a 10-year-old girl with cerebral palsy who had just undergone emergency surgery. Is this what President Trump had in mind when he promised that federal enforcement resources would be focused on the “bad hombres”?
Rosa Maria Hernandez, whose developmental delays put her on a mental par with a 4- or 5-year-old, faces deportation in a case that calls into question the judgment — not to mention humanity — of federal agents. It also should prompt reassessment of the change in policy from that of the Obama administration, which focused enforcement on recent arrivals and those with serious criminal records, to one in which anyone — anywhere — apparently is fair game.
. . . .
It’s unusual for federal agents to detain a child already living in the United States. Who could have possibly imagined that a 10-year-old with disabilities being rushed to a hospital would be the target of federal enforcement? The harm done extends beyond Rosa Maria and her family to other parents who now will have to think about the risk of detention and deportation in deciding whether to seek medical treatment for their children.
Is this really the image the Border Patrol wants for itself? Is this the image we Americans want for ourselves?”
Read the complete editorial at the link.
Incidents like this one show that DHS has too many agents, with too few real law enforcement duties, and far too little common sense and direction from above.
Far from heeding the preposterous call by Trump and “Gonzo Apocalypto” Sessions for an unneeded “Internal Security Police Force” of an additional 10,000 agents, Congress should require an accounting for the activities, hiring practices, training, supervision, priorities, and control of the current DHS agent workforce.
Apparently, there presently is insufficient real law enforcement work (e.g., that actually makes sense and benefits us as a country) to occupy the existing DHS workforce. No additional resources are warranted without a sensible, realistic plan and strategy of the type that virtually every other law enforcement agency in America must provide to merit additional funding and resources.
Little wonder that many local law enforcement agencies across the country want little or no part of the Trump Administration’s “Gonzo” immigration enforcement!
Maria Sacchetti and Ann E. Marimow report for the Washington Post:
“An undocumented immigrant teen asking to end her pregnancy is entitled to seek an abortion without delay, according to a ruling Tuesday from a federal appeals court in Washington.
The order from the full U.S. Court of Appeals for the D.C. Circuit — without oral argument — reverses a decision last week from a three-judge panel of the same court that would have postponed the abortion for the 17-year-old who is being held in federal custody in Texas. The Trump administration had denied the teen’s request, citing the government’s new policy of refusing to “facilitate” abortions for unaccompanied minors.
The timeline was at issue because the teenager is more than 15 weeks pregnant and Texas law bans most abortions after 20 weeks.
The 6-3 ruling sent the case back to a lower court judge who within hours of the decision had ordered the government to “promptly and without delay” transport the teen to a Texas abortion provider.
“Today’s decision rights a grave constitutional wrong by the government,” D.C. Circuit Judge Patricia A. Millett wrote.
In the dissent were the court’s three active judges nominated to the bench by Republican presidents. Judge Brett M. Kavanaugh said the majority has “badly erred” and created a new right for undocumented immigrant minors in custody to “immediate abortion on demand.”
Read the complete story at the link.
Not to worry, Judge K. Your Anti-Constitution, Anti- Abortion “creds” remain intact. So you should still have a shot at the next Trump Supreme appointment.
Will the Trumpsters now seek “Supreme Intervention?”
The United States has been created by successive waves of immigration over the course of centuries. Each wave of immigrants from different parts of the world has helped to build the U.S. economy and enrich U.S. society. And each wave of immigrants has provoked a chorus of dire warnings from nativists worried that the presence of too many immigrants will somehow dilute the American sense of identity.
The Center for Immigration Studies (CIS) is one of the groups that routinely issue such warnings. One of the more subtle ways in which they do this is to present immigration statistics in as dramatic a way as possible, with the implication being that native-born Americans are in danger of being over-run by foreigners. In a recent report, for instance, CIS takes advantage of newly released Census data to sound the alarm over the size of the immigrant population in the United States.
Of course, CIS offers no context for this data; no discussion of the historical, economic, political, and social environment within which immigration occurs. Just panicked pronouncements that the immigrant population hit a “record” 43.7 million in 2016—or one out of every eight people in the country.
In fact, immigrants now make up 13.5 percent of the U.S. population, which is less than the 14.7 percent share in 1910. For good measure, CIS also throws in an estimate of how large the foreign-born population might be by 2060 (at which point 78 million immigrants may account for 18.8 percent of the population).
However, the real story is not the number of immigrants; it’s what immigrants do once they’re here. Specifically, the contributions they make to the U.S. economy and the degree to which they integrate into U.S. society.
For instance, based on data from 2015 and 2014, we know that nearly half of all immigrants are naturalized U.S. citizens and that seven out of ten speak English reasonably well. More than one-quarter have a college degree.
And immigrant business owners generate tens of billions of dollars in business income.
This is the kind of context that CIS fails to offer in its run-down of Census numbers. The not-so-subtle implication of the CIS report is that native-born Americans are drowning is a sea of foreigners.
But when you actually start to enumerate the many ways that immigrants (and their children) add value to the U.S. economy as workers, entrepreneurs, consumers, and taxpayers—and integrate into U.S. society while enriching U.S. culture—the numbers represent good news.
You can bet that the CIS false narrative about the “Alien Invasion” and the threat to our culture and our society will be picked up in speeches by Trump, Sessions, Miller, Bannon, and other restrictionists to justify cuts in legal immigration, reducing family immigration, removing undocumented Latino and African workers, cutting rights of asylum seekers (particularly those from Central America and predominantly Muslim countries), and “shutting out” so-called “unskilled immigrants” in favor of guys with college degrees who show up speaking English.
The whole “Immigration Is A Threat To America” that therefore must be reduced, artificially limited, and punished is bogus! It stands in the way of serious discussions of how to reform and re-design our legal immigration system to channel more of the historical flow of needed workers and refugees into legal channels, prevent exploitation of immigrant workers by unscrupulous employers, and thereby reduce the incentives and the flow of “extralegal” migration to levels that can be controlled by non-draconian immigration enforcement working with market forces rather than in opposition to them.
“What would you do if your brother was murdered, and your child had received death threats? How would you respond if you had been repeatedly raped, and your government did nothing to protect you?
These are the situations our clients have faced. They have traveled hundreds of miles to the United States to save their families’ lives. And they have done so legally, seeking asylum through our nation’s immigration courts.
Last week, Attorney General Jeff Sessions called these families liars. He bemoaned the role of “dirty immigration lawyers” and described the U.S. asylum system as an “easy ticket” to entry.
Nothing could be further from the truth. When these families arrive in the United States they are held in private prisons. Young children and their mothers live in cells with strangers. Fathers and children over 18 are detained on their own. Few receive adequate medical care, and any legal help they obtain is largely provided by overworked nonprofit agency staff.
Despite these conditions, the families persevere. Children celebrate their first birthdays and take their first steps in detention. Spouses write love letters from their respective cells.
And for families who secure their release from detention — after establishing a “credible fear” of return — they want nothing more than to comply with our laws to avoid family separation once more.
Sessions claimed the federal government found a credible fear in 88 percent of cases, and said that any system with such a high passage rate means the system is “inherently flawed.”
But this reasoning is false. Each year, more than 90 percent of medical students pass their board exams. They do not pass because they cheat, or because the exams are inherently flawed. They pass because they are self-selected, having excelled despite years of challenges and setbacks.
The same is true of asylum seekers. Few would be willing to endure family separation and the incarceration of their child unless the stakes were life and death. Those who make it through the credible fear process are self-selected, with genuine fear of return.
Unfortunately, a credible fear interview is just the first stage in seeking asylum. And the government does little to explain to asylum seekers what they must do next.
. . . .
Asylum seekers have every incentive to comply with our laws. If they cannot win their asylum cases, they must live in the shadows, with no pathway to citizenship and little guarantee of avoiding deportation back to the danger they fled. They simply cannot navigate our dense, complex, and at times contradictory, immigration system on their own.
Michelle Mendez is Training and Legal Support Senior Attorney and Defending Vulnerable Populations Project Manager of Catholic Legal Immigration Network Inc. Swapna Reddy is Director of the Asylum Seeker Advocacy Project at the Urban Justice Center, an Echoing Green Fellow and an Equal Justice Works Emerson Fellow.”
Folks like Michelle and Swapna are the “real American heroes” of our justice system, working tirelessly and for modest compensation to preserve the rights of vulnerable asylum seekers. We need more of them and less of Jeff “Gonzo Apocalypto” Sessions and his malicious and ignorant attacks on asylum seekers and their already-limited due process and statutory rights.
“A decline in emergency room visits and calls to the police isn’t good news; people are just afraid to ask for help. A domestic abuser will threaten to call Immigration and Customs Enforcement if his spouse threatens to call the cops. A social worker at Las Americas, a public high school for immigrants in Houston, told me despair has set in. Instead of helping families cope with living in the nation’s fourth-largest city, she helps them plan for “when you are deported how can you stay alive the longest.” The students tell her: “Nobody wants me. I have no home.”
They are not wrong; the point of the federal and state legislation is to make Texas so uncomfortable for the undocumented that they move on. I suppose this makes sense if, say, you are constantly faced with competition from the far right, which every Republican, including Gov. Greg Abbott, is. Or if you have seen the growing Latino majority in Texas and know that it isn’t securely nestled in the Republican fold.
But it doesn’t make sense if you are looking at a state whose work force was shrinking even before the devastation of Hurricane Harvey. The people who came to rebuild New Orleans after Hurricane Katrina aren’t feeling the love here. Why should they?
“There are 47 other states that would love to see Texans fall on their butts,” Stan Marek, who has been in construction for years here, told me. Unless we have fair and sane immigration reform, like the “ID and Tax” plan many business leaders here support because it offers fair wages and work-visa status, our immigrants will vote with their feet, and businesses will follow.
That’s the price for trading a welcome mat for an ankle bracelet.
Mimi Swartz, an executive editor at Texas Monthly, is a contributing opinion writer.”
A microcosm of the bias-driven stupidity of the whole Trump-GOP Restrictionist “gonzo” immigration enforcement program. What would really be fitting is if the loss of immigrant population and the businesses that depend on them eventually cost Texas some of those extra Congressional seats that they swiped from the Northeast as a result of undocumented residents and then proceeded to gerrymander to “lock out” Latinos from getting their “fair share of the pie.” Not to mention that the anti-Latino bias in the Texas GOP is in derogation of Supreme Court precedent, which holds that even those state residents without legal status or otherwise ineligible to vote, are entitled to have their interests represented by their legislators (hence the rationale for allowing extra representatives for undocumented population). “Fat chance” in Texas! The Texas GOP routinely ignores the interests its Latino U.S. citizens as well as its Latino non-citizen residents.
“On Friday afternoon, the U.S. Court of Appeals for the District of Columbia Circuit granted an undocumented minor in federal custody conditional access to abortion—within the next few weeks. The decision marks a compromise by two conservative judges keen to preserve their anti-abortion bona fides without transgressing Supreme Court precedent, which clearly protects the minor’s right to terminate her pregnancy. This ruling will force the minor at the heart of this case, who is referred to as Jane Doe, to continue her unwanted pregnancy for at least 11 more days.
. . . .
Thus, it is quite possible that Kavanaugh’s handiwork will fail, and the government will be back in court in a few weeks arguing against Doe’s abortion rights. By that point, Doe will be approaching the point at which she cannot legally terminate her pregnancy in Texas. The government’s intervention has already prevented her from getting a first-trimester abortion, a simpler procedure than a second-trimester abortion. Now HHS has been handed a strategy to keep her pregnant for weeks longer. Kavanaugh may think he has played the conciliator in this case. But in reality, he’s given the government another chance to run down the clock on Doe’s abortion rights.”
Read Stern’s complete article at the above link.
Looks to me like Judge Kavanaugh’s political instincts and desire to keep alive a possible nod for the Supremes trumps his responsibility to the Constitution, to litigants, and to the public to make tough decisions (which, after all, is what he actually gets paid for). Little wonder that trial judges (not as many places to “run and hide” at the “retail level”) often look at their “ivory tower” appellate colleagues with a jaundiced eye!
Mark Joseph Stern and Perry Grossman report for Slate:
THE LAW, LAWYERS, AND THE COURT.OCT. 19 2017 6:32 PM
Trump’s Dred Scott
In a case about the abortion rights of undocumented minors, the Department of Justice evokes the worst Supreme Court decision of all time.
By Perry Grossman and Mark Joseph Stern
Jeff Sessions and Roger B. Taney
Attorney General Jeff Sessions, left, and Chief Justice Roger B. Taney
Saul Loeb/Getty Images and Library of Congress
Throughout his presidential campaign, Donald Trump maligned undocumented immigrants as violent criminals and sexual predators who deserved to be rounded up and deported. Once in office, Trump transformed this rhetoric into policy, implementing a nationwide crackdown on immigrant communities. Now, the president’s dehumanizing disparagement of undocumented people has now seeped into his administration’s legal positions. This week, the Department of Justice is arguing in court that undocumented, unaccompanied minors have no right to abortions—and that undocumented immigrants may have no constitutional rights at all. This argument does not only contravene Supreme Court precedent. It also draws upon an inhuman notion of constitutional liberty most notoriously espoused in Dred Scott v. Sandford.
The Justice Department’s radical new theory arose out of a disturbing case in Texas that revolves around a 17-year-old referred to as Jane Doe in court filings. Doe arrived in the United States several months ago, unaccompanied by her parents and lacking documentation. She was placed in a federally funded Texas shelter, at which point she learned she was pregnant. Doe requested an abortion, but under state law, minors cannot receive the procedure without either parental consent or judicial approval. So Doe obtained what’s known as a judicial bypass and asked permission to attend a state-mandated counseling session before undergoing the procedure.
Her shelter refused to allow her to attend that counseling session, citing federal regulations promulgated by the Office of Refugee Resettlement, a wing of the Department of Health and Human Services. In March, ORR announced that federally funded shelters could not take “any action that facilitates” abortion for unaccompanied minors, including “scheduling appointments, transportation, or other arrangement,” without “direction and approval” from Scott Lloyd, the agency’s director. A Trump appointee and longtime anti-abortion activist, Lloyd has refused to allow minors to access abortion services. Instead, he has directed shelters to take these women to “crisis pregnancy centers,” which “counsel” them not to get abortions. At least once, Lloyd himself called a pregnant minor to talk her out of terminating her pregnancy. If a minor still wants to get an abortion after navigating these obstacles, ORR instructs its shelters to block her from attending her appointment.
Doe’s shelter followed these guidelines, taking her to a crisis pregnancy center and calling her mother to tell her Doe was pregnant. But Doe persisted, and in October, her court-appointed attorneys filed suit along with the American Civil Liberties Union in a federal district court in Washington, where ORR is headquartered. Doe argues that ORR’s rules violate her constitutional rights by placing an undue burden on her access to abortion.
On Wednesday, U.S. District Judge Tanya Chutkan held a hearing in the case. While defending the government, Department of Justice attorney Scott Stewart strongly implied that undocumented women do not have a right to abortion. Here, Stewart was echoing an amicus brief filed by the Texas attorney general’s office, which proclaimed that “unlawfully present aliens” living in the United States have no constitutional right to abortion access. Chutkan then asked Stewart whether Doe has any constitutional rights; Stewart declined to make that “concession.”
Chutkan ruled against the government and issued a temporary restraining order guaranteeing Doe the ability to terminate her pregnancy. (She is currently 15 weeks pregnant, and abortion is illegal after 20 weeks in Texas.) The DOJ appealed to the U.S. Court of Appeals for the District of Columbia Circuit, which will hear arguments in the case on Friday morning. In its motion, the agency argued that the government’s “interest in promoting fetal life and childbirth over abortion” justified its refusal to let a minor go to an abortion clinic. It also claimed that, even if undocumented minors have a constitutional right to abortion care, the administration was not unduly burdening that right, because minors who want to terminate their pregnancies can leave the country. This argument is merely another way of stating that women like Doe have no right to an abortion in the United States.
By excluding undocumented immigrants from the protections of Planned Parenthood v. Casey, the Trump administration is essentially asserting that they do not qualify as “person[s]” under the Due Process Clauses of the Fifth and 14th Amendments. The Supreme Court has ruled that the liberty component of the Due Process Clause protects a woman’s right to terminate her pregnancy without a substantial obstacle. If arbitrary regulations that severely burden clinics qualify as such an unconstitutional obstacle, as the Supreme Court has held, then surely self-deportation does as well. Thus, the sole plausible interpretation of the DOJ’s posture is that the Due Process Clause does not protect undocumented women like Doe. Put simply, undocumented women are not people for constitutional purposes.
If the government can force Doe to carry her pregnancy to term, what can’t it do?
This theory parallels the Supreme Court’s most infamous ruling. Dred Scott was a black man born into slavery who moved with his “master” from a slave state to a free state. Upon his master’s death, Scott sued for his freedom. In 1857, Chief Justice Roger B. Taney—a virulent racist whose statue was removed from the grounds of the Maryland State House in August—wrote an opinion dismissing Scott’s suit. Taney held that black people were not “persons” based on the language of the Constitution and that Scott, as a black man, therefore had no right to sue in the federal courts. Black men, Taney wrote, were “so far inferior” to whites that they had “no rights which the white man was bound to respect.”
Following the Civil War, Dred Scott was overturned by the 13th and 14th Amendments. These amendments ensured that everyone born in the United States would be a citizen. They also granted all “person[s]”—not just citizens—due process and equal protection under the law. Trump has already raised the specter of Dred Scott through his call to end birthright citizenship, the constitutional command that lay at the heart of the Civil War amendments. Now his administration is invoking the decision again in its attempt to deprive undocumented immigrants of their personhood under the Constitution.
The government has rarely alleged that undocumented immigrants may be deprived of rights protected by the liberty component of due process, what’s also known as “substantive” due process. Its few attempts have been unsuccessful. In 2003, the Bush administration argued that substantive due process does not apply to immigrants who reside in the country illegally. The 6th U.S. Circuit Court of Appeals, sitting en banc, emphatically rejected this claim, explaining
If excludable aliens were not protected by even the substantive component of constitutional due process, as the government appears to argue, we do not see why the United States government could not torture or summarily execute them. … [W]e do not believe that our Constitution could permit persons living in the United States—whether they can be admitted for permanent residence or not—to be subjected to any government action without limit.
Perhaps recognizing the extremism of its argument, the Trump administration has left open the possibility that undocumented immigrants are entitled to some unspecified “minimal standards” of constitutional protection. But if those minimal standards don’t include the basic right to bodily autonomy, then the 6th Circuit’s query still stands. If the government can force Doe to carry her pregnancy to term against her will, what can’t it do? The administration’s attempt to exert complete control over Doe’s reproductive system is a straightforward deprivation of constitutional liberty that opens the door to equally egregious future abuses.
On Friday morning, the Justice Department will return to court once more to argue, in effect, that Jane Doe is not a “person” worthy of due process protections. It might as well cite Dred Scott for the proposition that the government may strip undocumented immigrants of their constitutionally protected liberty. The 14th Amendment was designed to end such capricious discrimination against individuals living in the United States. But to the Trump administration, immigrants like Doe aren’t even people—just possessions of the state, awaiting deportation.”
Just when you think that Gonzo Apocalypto can’t sink any lower, he manages to achieve new depths!