SURPRISE: Dreamer “Agreement” Coming Apart — Trump’s Position Unclear!

http://www.slate.com/articles/news_and_politics/politics/2017/10/trump_s_dreamer_deal_is_falling_apart.html

Jim Newell reports for Slate:

“First and foremost,” Iowa Sen. Chuck Grassley, the chairman of the committee, said in his opening remarks, “any potential deal on DACA has to include robust border security, and by that, I don’t mean a wall.”

This was the quote that garnered the most coverage and inspired some optimistic tea leaf reading. If congressional Republicans weren’t going to insist on a border wall as part of a deal to protect Dreamers, as per the “deal” Democratic leaders struck with President Trump last month, then a Dreamer-saving compromise would be much more assured.

But the wall isn’t shaping up to be the problem. The problem is what Grassley brought up a few seconds later.

“Second, and equally as important as robust border security,” he said, “we’ve got to make sure any deal includes meaningful interior enforcement.”

This is a development that Dreamers themselves have been concerned about since Democrats announced they would engage with the president to find a replacement for DACA. As the New York Times reported over the weekend, Dreamers fear that their “own long-term safety might be secured only in exchange for an increased threat of deportation for their undocumented parents and friends who do not qualify for such protections under the program.” The latest version of the DREAM Act could secure green cards for 1.5 million people. But if such a deal increases the likelihood of deportation for the vast majority of the nation’s roughly 11 million undocumented immigrants, it’s not exactly a feel-good trade.

The problem with making any handshake agreement with Trump, as House Minority Leader Nancy Pelosi and Senate Minority Leader Chuck Schumer did last month, is that he will most likely change his mind once he finds himself in a roomful of different people with different demands. That meeting took place Monday night, when Trump hosted a dinner with congressional Republicans who expect much more out of a DACA deal. Trump surely wanted to win that room, too.

The agreement Trump made with Schumer and Pelosi—so they thought—would have been to pass the DREAM Act in exchange for non-wall border security measures. You know, drones and lasers and radar gizmos and stuff. But according to Arkansas Sen. Tom Cotton, an immigration hawk who was at the dinner on Monday night, “the president was very clear” that any deal should only pertain to those Dreamers who “have a DACA permit today,” a significantly lower number than the amount that would be covered under the DREAM Act, and that “it ought to include some kind of enhanced measures, whether it’s on the border or interior enforcement or what have you.” As Georgia Sen. David Perdue, a fellow immigration hawk who’s co-sponsored a bill with Cotton to reduce legal immigration, told me Tuesday, it was clear that any Dreamer deal he’d be willing to support would encompass “enforcement” on both the border and the interior.

Ratcheting up the deportation apparatus to a new level is not what congressional Democrats signed up for when they engaged President Trump in finding a DACA replacement.

Connecticut Sen. Chris Murphy told me Tuesday that an insistence on ramped-up interior enforcement would be “a problem” for his caucus. “I’m not sure that you can get much tougher interior enforcement than you have today,” he said, “as we’re watching pretty arbitrary deportations happen all across our country.” When I asked Hawaii Sen. Mazie Hirono what would constitute a bridge too far for Democrats, she said any give-and-take needs to be kept “in proportion.” As she pointed out, Republicans are starting to ask for all of the border security and interior enforcement measures included in the failed 2013 comprehensive immigration bill, in exchange for far fewer of that bill’s protections for undocumented immigrants. “I think, as [Illinois Democratic Sen.] Dick Durbin says, that is way too much,” Hirono told me.”

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Read the full article at the link.

Dreamer relief should be a “no-brainer.” But, the GOP appears to be looking for ways to “tank” it, perhaps because Trump had the audacity to speak to the Dems first. Also, the GOP’s restrictionist views are out of line with the majority of Americans and with nearly all credible immigration experts. Yet, the minority restrictionist position is immensely popular with the GOP’s White Nationalist, xenophobic, racist “base.” And today’s GOP is so beholden to that base that they won’t work with the Dems on reasonable immigration proposals.

If anything should be clear at this point it’s that giving DHS more enforcement personnel at present is close to insane. The waste, incompetence, and gratuitous cruelty in the current DHS enforcement operations are astounding. Until existing personnel are used and deployed in a rational, efficient, and honest manner, there is simply no case for more.

Don’t know how this will come out. Perhaps, the parties are just jockeying for position and playing to their respective bases. But, it could turn ugly for both the Dreamers and for America.

PWS

10-04-17

TAL KOPAN FOR CNN: SENATE HEARING WITH ADMINISTRATION ON DACA SOWS CONFUSION! — Only One Thing Clear: Sen. Pat Leahy (D-VT) Knows That Sessions’s White Nationalist Narrative On Dreamers Is A Lie — And, He’s Anxious To Have A Crack At “Gonzo-Apocalypto” Under Oath!

http://www.cnn.com/2017/10/03/politics/daca-hearing-lawmakers-frustrated/index.html

Tal reports:

There were other tense exchanges as well, including from the former top Democrat on the committee, Vermont Sen. Pat Leahy, who especially took issue with the Justice Department representative. At the outset of the hearing Chairman Chuck Grassley noted that DOJ had not submitted written testimony for the hearing, and acting Assistant Attorney General Chad Readler, of the civil division, said he was limited in speaking outside of what was already public because of ongoing lawsuits over the administration’s termination of DACA.

Leahy pressed Readler on Attorney General Jeff Sessions’ letter about the rescission of DACA, which suggested lax immigration enforcement was responsible for crime, violence and even terrorism.
“Can you provide this committee with any examples of Dreamers being involved in terror activity? … You don’t have to give me hundreds, just give me one!” Leahy said, raising his voice.
“I’m not aware of any examples,” Readler said.
“Neither is the attorney general when he said that,” Leahy said.
After further back-and-forth about what Sessions meant, Readler noted he would be testifying before this committee himself this month.
“He’s taken longer than any attorney general since I’ve been here, but I’ve only been here 42 years,” Leahy said.

Under questioning from Republican Sen. Lindsey Graham, of South Carolina, who has co-sponsored Durbin’s bill, the DHS officials did say they supported a pathway to citizenship for DACA-eligible individuals in an eventual solution — and said they were largely the type of people the US should want.
“They’re a benefit to the country as are many immigrants coming in,” Dougherty said. “They are a valuable contribution to our society, we need to regularize their status through legislative means.”
He also said DHS did not support the notion of creating a permanent visa status that would never allow people to be naturalized — saying the White House would be of the same mind.
“I think creating second-class citizens or people who are never able to naturalize is not a good model,” Dougherty said, adding “I do” when asked if he thinks the President agrees.”

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Read the rest of Tal’s article at the link.

Pretty obvious why Gonzo would rather spend his time  spreading lies and bogus, alarmist narratives about American young people and immigrant communities rather than facing Sen. Leahy under oath.

Liz was right!

PWS

10-03-17

 

 

“Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“

https://www.fool.com/investing/2017/09/29/warren-buffett-on-immigration-reform.aspx

Matthew Frankel reports for The Motley Fool:

“Immigration reform has been a hot-button issue long before President Trump pledged to build a wall along our border. And while there’s certainly an argument to be made that we need to do a better job of controlling illegal immigration, there’s also a strong case to be made that immigrants are a big driving force behind America’s growth — past, present, and future.

Warren Buffett has been very outspoken in recent years about America and its amazing economic story. Not only does Buffett feel that immigrants have led us to where we are today, but he also thinks that immigrants are an essential component of our country’s future success.

Here’s what Warren Buffett thinks of immigrants
In a nutshell, Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem. “This country has been blessed by immigrants,” Buffett said in February at Columbia University. “You can take them from any country you want, and they’ve come here and they found something that unleashed the potential that the place that they left did not, and we’re the product of it.”

Referring to Albert Einstein and Leo Szilard, both of whom were immigrants themselves, Buffett said, “If it hadn’t been for those two immigrants, who knows whether we’d be sitting in this room.”

In his most recent letter to Berkshire Hathaway’s (NYSE:BRK-A) (NYSE:BRK-B) shareholders, Buffett specifically mentioned immigrants as one of the major components of America’s success story. “From a standing start 240 years ago — a span of time less than triple my days on earth — Americans have combined human ingenuity, a market system, a tide of talented and ambitious immigrants, and the rule of law to deliver abundance beyond any dreams of our forefathers.”

On a pathway to citizenship
Buffett is an outspoken Democrat who actively campaigned for Hillary Clinton during the 2016 presidential race. So it shouldn’t come as too much of a surprise that Buffett doesn’t want to deport millions of illegal immigrants who are currently in the United States.

In a 2015 interview with Fox Business, Buffett said

People should be able to earn citizenship who are here. You know, I do not think we should deport millions of people. So, I think we should have a real path to citizenship.

Buffett was then asked specifically about the DREAM Act and its 800,000 minors who are in the country illegally and now face an uncertain future after the end of DACA, from the perspective of a successful American businessman. Buffett replied:

It is a question of being a human being not really a businessman. Immigrants came, our forefathers came as immigrants, they got here anyway they could. And who knows what I would have done if I were in some terrible situation in a country and wanted to come here…a great percentage of them are good citizens. I would have a path to citizenship for them, I would not send them back.

 

On immigration policy and reform
As we all know, the immigration debate has been going on for a long time. And Buffett’s stance hasn’t changed much over the past several years. In a 2013 interview with ABC’s This Week, Buffett said:

I think we should have a more logical immigration policy. It would mean we would attract a lot of people, but we would attract the people we want to attract in particular — in terms of education, tens or hundreds of thousands of people. We enhance their talents and have them stick around here.

Buffett went on to say that any reform package should “certainly offer [undocumented immigrants] the chance to become citizens,” and one main reason for doing so would be to deepen the talent pool of the labor force.

Buffett’s stance on immigration in a nutshell
Warren Buffett believes that allowing immigrants who are already in the country to stay and pursue citizenship is not only the right thing to do, but is essential to America’s continued economic prosperity. Buffett certainly sees the need for immigration reform, as most Americans of all political affiliations do, but wants to encourage and simplify the legal pathways to immigration.”

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Buffet speaks simple truth: Immigrants, both documented and undocumented are not threats, but rather are a necessary ingredient for America’s greatness. We need to bring law-abiding undocumented individuals into our society in some type of legal, work authorized status. We also need substantial across the board increases in legal immigration, so that in the future the immigrants we need can come through the legal system (or wait in a realistic line) rather than coming through an underground system and working and living in the shadows.

The lies, misrepresentations, and false narratives being peddled by Trump, Sessions, Bannon, Miller, Kobach, Cotton, Perdue, King, Goodlatte, Labrador, the so called “Freedom” Caucus, and the rest of their White Nationalist restrictionist cronies are a path to national disaster. Removing existing non-criminal migrants who happen to be working here in undocumented status is a colossal waste of limited Government resources that actually hurts our country in numerous ways.

Time to stand up against the restrictionist, White Nationalist, xenophobic, anti-American blather. Demand that your Congressional representatives back sane, humane immigration reform that takes care of those already here and recognizes their great contributions while appropriately and significantly expanding future legal immigration opportunities so that we don’t keep repreating our mistakes over and over.

Let’s be honest about it. If the time, money, and resources that the U.S. Government is currently spending on the counterproductive aspects of immigration enforcement and inhumane immigration detention were shifted into constructive areas, there would be no “disaster relief crisis” in Puerto Rico and the Virgin Islands right now, and we’d have more money to spend on heath care, job training and retraining, infrastructure, addressing the opioid crisis, and many more legitimate national priorities!

PWS

09-30-17

NEW POLL: Majority Of Americans Want DACA, Don’t Like Trump’s “Gonzo” Enforcement, DON’T Believe That Legal Immigration Should Be Drastically Cut, Reject Wall! — Want Border Security & Enforcement Of Employer Sanctions!

http://www.langerresearch.com/wp-content/uploads/1191a4DACAandImmigration.pdf

“Americans Back DACA by a Huge Margin. A vast 86 percent of Americans support a right to residency for undocumented immigrants who arrived in the United States as children, with support crossing the political spectrum. Two-thirds back a deal to enact such legislation in tandem with higher funding for border control. Possibly in light of Donald Trump’s decision to phase out the Deferred Action for Childhood Arrivals program, disapproval of his handling of immigration overall reaches 62 percent in this ABC News/Washington Post poll. Just 35 percent approve. Additional hurdles for Trump are his demand for a wall on the U.S. border with Mexico – again 62 percent oppose it – and substantial concerns about his immigration enforcement policies. Americans were asked whether they support “a program that allows undocumented immigrants to stay in the United States if they arrived here as a child, completed high school or military service and have not been convicted of a serious crime,” all elements of DACA, established by Barack Obama by executive order in 2012. Support spans demographic groups, including three-quarters of Republicans and conservatives, 86 and 87 percent of independents and moderates and 97 and 96 percent of Democrats and liberals.”

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Read the complete summary of the ABC News/Washington Post Poll at the link.

While all polls, particularly those on immigration, must be looked at with some circumspection, these are great numbers to keep in mind when faced with the constant bogus claims from Trump Administration and GOP Congressional restrictionists that they are somehow representing the “national will” or “the people’s voice” with their out of touch policies and proposals.

Interestingly, one enforcement initiative that got widespread support was enforcing existing employer sanctions laws, something that neither GOP nor Democratic Administrations has been willing to do over the past three decades since they were in acted in 1986.

Nor does their Trump Administration appear to be putting any emphasis on this program. And, it’s easy to see why. Employer sanctions would involve going after U.S. businesses, some of the same folks who helped put Trump and the GOP in power. Some of them like the current system, which keeps many needed workers marginalized and dependent, so they can be exploited.

Perhaps more important, going after U.S.employers doesn’t do anything for the Trump/GOP racist base. Much better to sack up some decent productive Hispanic workers and count it as “law enforcement.” That’s what the racist xenophobes like to see.

PWS

09-28-17

RACIST MILLER, GOP XENOPHOBES SEEK TO UNDERMINE “DREAMER DEAL” WITH RESTRICTIONIST, WHITE NATIONALIST AGENDA!

https://www.washingtonpost.com/powerpost/growing-list-of-conservative-demands-threatens-bipartisan-deal-on-dreamers/2017/09/26/a3df3ba8-a23a-11e7-b14f-f41773cd5a14_story.html

Mike DeBonis reports in the Washington Post:

“An emerging list of conservative demands is threatening to derail the fledgling bipartisan effort to preserve the Obama administration program protecting from deportation 690,000 illegal immigrants brought to the United States as children.

President Trump discussed the outlines of a potential deal to protect those covered by the Deferred Action for Childhood Arrivals program with Democratic congressional leaders at a White House dinner this month. The tentative deal would couple permanent protections for those immigrants with improved border security.

But key conservative Republicans in the House and Senate are coalescing around a broader suite of policies as a condition of backing a deal, and that has Democrats and moderate Republicans warning that the current, fragile consensus could quickly break apart.

In the Senate, James Lankford (R-Okla.) and Thom Tillis (R-N.C.) introduced a conservative alternative this week to the Dream Act, a bipartisan bill that has some moderate Republican support and that Democrats want to pass as part of any deal with Trump.

 

[Trump, top Democrats agree to work on deal to save ‘dreamers’ from deportation]

The Lankford-Tillis bill, known as the Succeed Act, sets out a more onerous path to legal status for the immigrants in question, and it includes provisions barring them from taking advantage of existing laws that allow legal immigrants to petition authorities to allow foreign relatives to come to the United States.

Critics say those laws foster “chain migration,” inflating the amount of legal immigration. Eliminating the possibility of petitioning on behalf of relatives abroad is among another set of policies that House conservatives are pursuing on a separate track.

Key White House officials, including senior adviser Stephen Miller, have worked with members of the hard-right House Freedom Caucus and other Republican lawmakers to hone a list of policy demands that go beyond the border security provisions on which Democrats have signaled they are willing to negotiate.

It is unclear to what extent Trump himself will support these provisions as part of the effort to negotiate a solution for “dreamers,” as the childhood arrivals are known. But the proposals are gaining adherents among some of the president’s strongest backers in Congress.

 

[Trump administration announces end of immigration protection program for ‘dreamers’]

Rep. Mark Meadows (R-N.C.), the Freedom Caucus chairman, said in an interview this week that a working list of policies that conservatives may demand includes ending the “chain migration” laws; mandating that employers use E-Verify, an online federal system to determine people’s eligibility to work in the United States; stepping up enforcement against those overstaying legitimate visas; and limiting protections for those who seek asylum at U.S. borders.”

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

Read the rest of the article at the link.

These toxic dudes never miss a chance to push their White Nationalist anti-American agenda. Frankly, we don’t need to plow more resources into already perfectly adequate border security, and there is certainly no need for more immigration agents who have so little to do now that they can squander time busting law-abiding American residents, guarding their agency bosses, staking out hospitals and courthouses, and screwing up already out of control Immigration Court dockets. Where’s the accountability for efficient and rational use of resources? But, those could be trade-offs that the Dems could make to save the Dreamers. (Honestly, given some of the other garbage the GOP has put out there, funding “The Wall” seems like the least harmful of the trade-offs in human terms. Money gets wasted, America looks foolish, but nobody gets hurt and it won’t tank our economy like the restrictionist agenda on legal immigration would).

But, the hard core xenophobic White Nationalist agenda being pushed by Miller, the “Freedom” Caucus, and other restrictionists out to limit legal immigration, deny due process, and make a mockery out of our legal and moral obligations to refugees — No Way! The Dems would have to “Just Say No.”

The “Ace in the Hole” for the Dems:  There is neither the ability nor the moral willingness on the part of the majority of decent Americans to deport 800,000 American young people. They might end up “hanging in limbo” till some future date when responsible government once again gains the upper hand over the “wrecking crew.”

PWS

09-27-17

THE HILL: N. RAPPAPORT ON WHAT IT WILL TAKE TO CLOSE THE DEAL ON DREAMERS

http://thehill.com/opinion/immigration/352155-if-democrats-insist-on-chain-migration-theyll-kill-the-dream-act

Nolan writes:

“According to Migration Policy Institute estimates, potentially 3,338,000 aliens would be able to qualify for conditional lawful status under H.R.3440, which leads to permanent resident status, and chain migration would make the number much larger.

Moreover, chain migration would make it possible for the DREAMers to pass on legal status and a path to citizenship to the parents who brought them to the United States in violation of our laws, which is sure to be unacceptable to many Republicans.

The chain migration issue does not just apply to a DREAM Act. If it is allowed to block passage of a DREAM Act, it is likely to become an obstacle to every legalization program from now on, and for most undocumented immigrants, there is not going to be another way to obtain lawful permanent resident status.”

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Read Nolan’s complete analysis over at The Hill at the link.

I’m far removed from the days when I had a sense of what’s happening on the Hill. So, if Nolan says that the Dems will have to give on family migration for  Dreamers to cut a deal to save them in a GOP-controlled Congress in a Trump presidency, maybe that’s true. Gotta do what you have to do to save lives and preserve America’s future.

But, I do know something about the bogus term “chain migration” It’s a pejorative term coined by restrictionists to further their racial and ethnic agenda.

Chain migration is simply legal family migration, a process that has been ongoing for at least half a century and has done nothing but good things for America. Of course, it makes sense to give preferred treatment to those with family already in the U.S. Of course, having family here helps folks adjust, prosper, and contribute. It’s a win-win. Studies by groups not associated with a restrictionist agenda confirm that.

Moreover, unlike the folks pushing the restrictionist agenda, I actually have seen first-hand the highly positive results of family-based legal immigration for years in Immigration Court. It brings really great folks into our society and allows them to contribute fully to the success of America, and particularly our local communities.

If we want more skills-based immigration, that’s also a good idea. But, that doesn’t require a corresponding cut in family immigration. Immigration is good for America. It’s not a “zero-sum game,” although restrictionists would like us to think so.

The GOP position on parents of Dreamers is absurd. Those folks are already here and contributing to our society and our communities. Many have been here for decades. They are not going anywhere notwithstanding the rhetoric of the restrictionists and the Trump Administration. Other than picking on Dreamers once they become citizens, what could we as a country possibly gain by such an absurd and punitive measure directed against productive long term residents?

I think it is worth considering what pushing for unnecessary and harmful restrictions on family migration says about the real motivations of today’s GOP and its apologists.

PWS

09-24-17

 

THE GIBSON REPORT — 09-11-17

The Gibson Report, 09-11-17

TOP UPDATES

DACA
· Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)
· Overview of proposed legislation to replace DACA
· Litigation: AGs, Make the Road, University of California
· ILRC DACA Info Sheets
· DACA renewal loan fund
· Wellness: NYC WELL is a free and confidential resource that is available regardless of immigration status, 24 hours a day, 7 days a week and in 200 languages – regardless of your immigration status. Dial 1-888-NYC-WELL, text WELL to 65173 or chat with a counselor online at nyc.gov/NYCWELL.
· Removal: DHS is already moving to recalendar DACA cases. Argue that this is premature and a waste of judicial resources.
· See Resources below for more.

DA Election for Kings County
Primaries tomorrow (Tuesday) include selecting a new DA. Medium has a breakdown of the candidates’ stances on immigration and broken windows policies.

Operation Mega
After word leaked that ICE was planning to target 6,000 to 10,000 immigrants in raids Sept. 17-22, ICE announced it was rescheduling the raids due to hurricanes. However, this does not mean there won’t necessarily be any raids. ICE Statement Regarding Questions on Enforcement Planning.

Bill bars transfer of PRM from State to DHS
FP: “In a stark repudiation of the Trump administration, lawmakers on Thursday passed a spending bill that overturned the president’s steep proposed cuts to foreign aid and diplomacy. Folded into the bill are management amendments that straitjacket some of Secretary of State Rex Tillerson’s efforts to redesign the State Department.”

US Justice Department Set to Appeal Ninth Circuit Travel Ban Ruling to Supreme Court
VOA: “According to a Justice Department official, the agency plans to ask the high court to weigh in on an appeals court ruling that says grandparents and cousins are close enough relatives to constitute an exemption from the Trump administration’s travel order. The court also said that refugees accepted by a resettlement agency should be allowed to travel to the United States.”

OIL filed a petition for panel rehearing in Harbin v. Sessions
IDP: I’m sad to report that OIL filed a petition for panel rehearing in Harbin v. Sessions. IDP and Legal Aid are working with Mr. Harbin’s lawyers on plans moving forward. Hopefully the panel will stick to its guns and deny the government’s request. And quickly.

CALLS TO ACTION

Call Congress to Pass the Dream Act (S. 1615/H.R. 3440)
Call your Congress members and urge them to pass the Dream Act, a bipartisan bill that would provide Dreamers a chance to adjust their immigration status, if they meet certain requirements. If Congress fails to act, 800,000 Dreamers who were protected by DACA will be at risk of being deported.
AILA Doc. No. 17090533

DACA Fee Donations Outside NYC
New York has several resources for assisting DACA recipients with renewal fees. Consider donating to organizations outside New York where the need may be greater. RAICES DACA fund.

Detention of UACs
NYLCU: Reaching out to the listserv to see if anyone has heard of any UACs that have been re-detained & placed in either secure facilities or at the non-secure Dobb’s Ferry facility in Westchester. NYCLU has heard reports that kids are being held with no good reason and we are doing some work around this issue. We’re hoping to speak to some kids or their parents, preferably at Dobb’s Ferry! Feel free to forward if you know folks who do a lot of UAC work or to other listservs! Please send any sensitive info to my work email, pgarciasalazar@nyclu.org.

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I see the DOJ just won’t quit on some of its positions that have been rejected by the Article IIIs on review. Hopefully, the Sessions’ DOJ will wear out its welcome and further tank its credibility with the Article IIIs.

PWS

09-11-17

THE ECONOMY: What America REALLY Needs: More Legal Workers, No More “Gonzo” Immigration Enforcement — More Immigrant Workers Needed To Save Our Economy — And They Don’t Have To Be Rocket Scientists & PhDs: Construction & Service Industries That Support US Economy Need “Entry Level” Workers!

http://host.madison.com/wsj/business/wisconsin-businesses-grapple-with-a-growing-worker-shortage/article_3ef1000e-c18b-5f72-bbcd-720ee2456111.html#utm_source=host.madison.com&utm_campaign=%2Femail%2F&utm_medium=email&utm_content=26CD42536544E247751EC74095D9CEDC67E77EDB

The Wisconsin State Journal (Madison) reports:

A Madison restaurant has raised pay for entry-level chefs in recent years more than 50 percent to $14 an hour, but still closes on Sunday evenings — not because of a lack of customers, but because workers are scarce.

Those and countless other stories across Wisconsin are symptoms of a growing worker shortage that is expected to worsen over the next decade, according to Wisconsin State Journal interviews with dozens of employers, economists, advocacy group experts and state political and economic development officials.

“We are right at the brink of the crisis,” said Ann Franz, director of the Northeast Wisconsin Manufacturing Alliance in Green Bay. “There just aren’t enough human beings in Wisconsin with baby boomers retiring. Just driving down the road there are constantly signs hiring. I’ve seen them on billboards: ‘Come to our car dealership and buy our car. Come so we can give you a job.'”

Employers from a broad range of industries are reporting difficulty finding workers — and not only for skilled professionals such as nurses, welders and computer programmers, who require a strong education and training system, but also for workers with a high school diploma and some additional training at restaurants, farms, construction sites, factories, senior care facilities, retailers and other businesses.

“I would call it Wisconsin’s mega-issue,” said Kurt Bauer, president of Wisconsin Manufacturers & Commerce, the state’s largest business group, which recently found 77 percent of members surveyed had difficulty finding workers, up from 53 percent two years ago. “All other issues, they may be important, but they are subordinate to workforce.”

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Read the rest of the article at the link.

In this context, terminating DACA, thereby depriving existing productive American workers of work authorization, is not only cruel, but also crazy. And supporting the RAISE Act — specifically designed by White Nationalist restrictionists to lower legal immigration while limiting the remaining opportunities largely to White, English speaking individuals with college degrees — is simply insane.

Legal immigration is good for America in many ways (beyond the economy) and we need more, not less, of it. Indeed, had we developed a more rational and realistic legal immigration system, most of the Dreamers and their families would have been admitted in an orderly fashion under the legal system years ago.

Guys like Jeff “Gonzo Apocalypto” Sessions who worked as an effective legislative minority to block sensible immigration reform through parliamentary maneuvers, are now falsely claiming that deportations, “gonzo” arbitrary enforcement, and a reign of terror are the only solutions to a fake crisis that they largely created.

But, in fact, there is no crisis. Most of the 11 million migrants here without documentation are working hard, in jobs we need, part of American families, English speaking or learning English, and fitting well into American communities. Indeed, they are far less disruptive to society than are ICE’s arbitrary and fear spresding enforcement policies. That’s certainly the case here in Alexandria and Northern Virginia. And even more of them would pay taxes if we simply made it easy for them by granting legal status.

The relatively small minority of undocumented migrants who are engaging in anti-social behavior can be identified and removed with some reasonable readjustment of existing resources. For example, more money allocated to the U.S. Immigration Courts, training, technology, community-based policing, and focused “smart”enforcement instead of wasteful and inhumane detention, unfocused arbitrary enforcement, unneeded walls, and filling prisons with minor immigration violators. ICE prosecutors should be authorized and encouraged to use their discretion to prioritize their Immigration Court dockets with a focus on due process and bettering society while recognizing that judicial time will always be both precious and limited.

The current scare tactics and dire, but false, scenarios being pushed by the Trump Administration will neither aid our economy nor serve America’s real needs. They would make us both less safe and less great as a nation.

PWS

09-10-17

 

 

 

 

 

NYT: THE “ANTI-DREAMERS'” (KNOWINGLY) FALSE NARRATIVE!

 

https://www.nytimes.com/2017/09/08/us/politics/why-common-critiques-of-daca-are-misleading.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

Linda Qiu writes:

“Defenders of President Trump’s decision to rescind an Obama-era immigration policy that shielded young immigrants from deportation have offered misleading critiques of the program.

They say the Deferred Action for Childhood Arrivals policy, known as DACA, led to a humanitarian crisis on the border, put native-born Americans out of work and conferred legal status to recipients. Here’s an assessment.

DACA does not specifically grant legal permanent residency or citizenship, but there are pathways for recipients.
Conservative news personalities have suggested that DACA leads to citizenship or that recipients are eligible. These claims require more context.

DACA grants recipients work permission and protects them from deportation, but it alone does not confer citizenship or legal permanent resident status. They are not granted legal status, according to the Department of Homeland Security, though their removals are deferred.

But, according to immigration data, just under 40,000 DACA recipients have obtained “green cards,” or legal permanent residency, and over 1,000 have become American citizens. This is possible because DACA recipients can change their immigration status through a legal basis other than DACA (like marrying an American citizen).

While immigration law bars people who overstayed their visa from returning to the United States for three or 10 years, depending on how long they have resided here unlawfully, DACA halts recipients’ accrual of “unlawful presence.” So someone who obtained DACA status before the re-entry penalty was triggered would remain protected from it.

DACA recipients who entered the country illegally cannot apply for residency the same way as people who entered legally and overstayed their visas. They can, however, apply for “advance parole,” which gives recipients permission to travel outside the United States under special circumstances and is not specific to DACA. When they return to the United States, they enter legally, opening up other avenues for legal status.

It’s misleading to suggest that DACA triggered a wave of migration from Central America.
In a statement, Mr. Trump blamed DACA for spurring “the massive surge of unaccompanied minors from Central America,” a claim echoed by his attorney general, Jeff Sessions, and other Republican lawmakers. But the link between DACA and the humanitarian crisis in 2014 is largely anecdotal and overstated.

Nearly 70,000 children, overwhelmingly from Honduras, Guatemala and El Salvador, tried to cross the United States border alone in the 2014 fiscal year. They would not have qualified for DACA, a program for undocumented immigrants brought in before age 16 who had been living in the United States since 2007.

There were certainly reports of children who listed American immigration policy as having prompted their solo journeys. The Obama administration’s clarification that the minors were not eligible for DACA also suggests a need to swat away the notion. And researchers have noted the possibility that DACA might have given migrants hope that the United States could provide future reprieve from deportation.

Still, it’s a stretch to say DACA was the single or even the main motivating factor behind the surge in migrant children reaching the border. For one, Salvadoran, Guatemalan and Honduran applications for asylum to other Central American countries increased by 1,185 percent from 2008 to 2014, showing that the children were seeking relief not only in the United States.

More significant drivers of the migration were violence, poverty, gang presence, economic opportunity and the desire to be reunified with family, and “it remains unclear if, and how, specific immigration policies have motivated children to migrate to the United States,” according to a 2014 Congressional Research Service report.

Department of Homeland Security data also shows that the surge in unaccompanied minors preceded President Barack Obama’s June 2012 DACA executive order. The number of apprehensions began to rise in January 2012 and plateaued from June 2012 to January 2013, before increasing and then peaking in May and June of 2014.

The evidence that DACA recipients have displaced native-born workers is lacking.
According to Mr. Trump’s press secretary, Sarah Huckabee Sanders, more than four million unemployed Americans in the same age group as DACA recipients “could possibly have those jobs” held by DACA recipients. And Mr. Sessions was more emphatic: The executive order “denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.”

While it’s certainly possible that there are individual cases of an employer hiring a DACA recipient instead of an American citizen, the claim of a widespread trend is unproved.

Data from the Bureau of Labor Statistics shows that trends in foreign-born and native-born unemployment rates have not changed with DACA. For example, the unemployment rate for natives who had attended college was lower than their foreign-born peers both before and after 2012, while the unemployment rate for natives without a high school diploma has consistently been higher than the foreign-born population.

Similarly, DACA appears to have had no discernible effect on the number of total job openings or those specifically in white collar industries — where DACA recipients are more commonly employed — which have been steadily rising since mid-2009. Economists dispute the overarching argument that less immigration leads to more jobs for Americans.

The defense that Mr. Trump’s order does not open up DACA recipients to deportation is false.
Rescinding DACA will not lead to the “mass deportation of people,” the conservative radio host and author Laura Ingraham said in an interview on Fox News. Representative Jim Jordan, Republican of Ohio, argued on CNN that the “only folks that are subject to deportation right now are those that have engaged in criminal activity.”

Mr. Jordan’s claim is false. The Department of Homeland Security has been clear that officials will potentially arrest and deport any undocumented immigrant without protected status, regardless of a criminal record. Though undocumented immigrants with criminal records still make up the majority of immigration arrests, noncriminal arrests more than doubled in Mr. Trump’s first 100 days as president, compared to the same time period in 2016.

Immigration lawyers say it’s too early to tell whether DACA recipients, who had to provide personal information to officials to apply for the status, will especially be at risk after Mr. Trump’s order. Previously, their information was “protected from disclosure” to Immigration and Customs Enforcement and Customs and Border Protection for the purpose of enforcement. The order, however, notes that information “will not be proactively provided to ICE and CBP,” and the president has said that former recipients would not be a priority for deportation.

“It’s very unclear to me whether U.S.C.I.S. will share that information if ICE affirmatively asks,” said Kate Voigt of the American Immigration Lawyers Association, referring to United States Citizenship and Immigration Services. It is clear, though, that Mr. Trump’s order rescinding DACA opens recipients up to deportation.”

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Truth is that DACA is good for the U.S. But, truth seldom, if ever, enters into the restrictionist White Nationalist narrative.

PWS

09-10-17

OPTIMISTS’ CORNER: Five Reasons Why DACA Legislation Could Pass!

http://nymag.com/daily/intelligencer/2017/09/5-reasons-why-a-dreamer-bill-could-really-happen.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Daily%20Intelligencer%20-%20September%208%2C%202017&utm_term=Subscription%20List%20-%20Daily%20Intelligencer%20%281%20Year%29

Jonathan Chait writes in The Intellingencer as reprinted in New York Maggie:

“Not just a dream? Photo: Spencer Platt/Getty Images
“If they pass a straight-up Dream amnesty,” says Mark Krikorian, an anti-immigration activist, “they will go into the elections having failed to repeal Obamacare but having passed amnesty.” When you put it like that, it sounds crazy, doesn’t it? And indeed it would seem bizarre for Donald Trump’s sole legislative achievement to be the negation of his central campaign theme. But in recent days, the implausible has become suddenly plausible.

1. Trump doesn’t really care about restrictionism. The president has many prejudices but almost no actual policy commitments. He rode anti-immigrant sentiment to the presidency, but his use of the theme was largely instrumental. Trump has alternated his nativist lurches with professions of sympathy for the Dreamers. “I have a love for these people and hopefully now Congress will be able to help them and do it properly,” Trump said recently. “And I can tell you, speaking to members of Congress, they want to be able to do something and do it right. And really, we have no choice.”

2. He’s in a bipartisanship groove. The president cares more about positive feedback and good press than anything else. His bipartisan deal to lift the debt ceiling for three months might have been substantively contentless, but he liked the response from the media. As a creature of impulse, he will probably want to tap the bar for another pleasure hit.

 

3. The cult of personality protects him. Previous efforts to protect the Dreamers have all fallen prey to conservative revolts. But the Trump imprimatur has unique power to give Republicans political cover. A glimpse of the strange dynamic came into view when Trump cut his debt-ceiling agreement with Democrats over the objections of the GOP leadership, and enraged conservatives took out their anger on … Paul Ryan.

Trump catered to his base by tapping into primal ethno-nationalist resentment. Having proven his tribal loyalty, he is perfectly positioned, should he choose, to bring along his base. A large segment of the party-messaging apparatus seems prepared to follow along. “Nobody wants to kick a bunch of kids out of the country, right?” Rush Limbaugh said Tuesday. “I don’t care if they’re budding little Al Capones. People just don’t want to do it … There needs to be a price, and it would be a great thing, couple this, say, with building the wall. I mean, you do all-in on border enforcement.”

4. The bill will materialize. There is almost certainly a majority in both chambers for a Dreamer bill. The trick is getting the bill to the floor. When Ryan ran for the Speakership, in 2015, he promised he would not bring immigration legislation to the floor unless it commanded a majority of his own party.

What might do the trick, however, is attaching DACA — Deferred Action of Child Arrivals — to an unrelated bill. There will be at least two measures to increase the debt ceiling. Those bills, crucially, will rely heavily on Democratic votes, since a large portion of the Republican base refuses to vote to increase the debt ceiling. This essentially circumvents the informal requirement that the GOP only brings up bills that most Republicans support, opening the door for passing something mostly with Democratic votes.

“There’s no way,” Senate Majority Whip John Cornyn of Texas says of a DACA vote. “We will take that up. I’m confident. But there’s no way that it will stand alone.” But it’s not standing alone any more.

5. Ambiguity is their friend. The ability of both sides to claim a deal does different things is the classic lubricant of any political negotiation. In this case, the grounds for ambiguity are obvious. Trump has made the symbolism of the wall a political fetish, and Democrats oppose it on similar grounds. The way around this standoff is to tie DACA to border-security measures that Trump can call a “wall” and Democrats can call “not a wall.”

After all, Democrats have previously supported border-security measures like increased drone surveillance and added fencing. What is the conceptual distinction between a fence and a wall? Not much.

The safest bet, of course, is that nothing happens, because that is almost always the safest bet in modern Washington. But the window of possibility has opened quickly. All of a sudden, helping the Dreamers is not just a dream.”

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

Let’s keep our fingers crossed.  It would be nice.

One potential problem is that Trump doesn’t appear to have any immigration expertise in his Administration that’s not part of the restrictionist White Nationlist cabal. He’d probably have to get down to the career level at USCIS to find someone to work on the legal details of a Dreamer bill.

Clearly, White Nationalist restrictionists like Sessions and Miller would have to be screened out of any bipartisan process. And, Chief of Staff Kelly showed little or no appreciation for promoting constructive legal immigration programs during his short DHS tenure. Indeed, he appearss to have overridden sound internal advice and counsel and suppressed evidence in supporting the Sessions-Bannon-Trump disingenuous “Travel Bans.” That’s the trouble with a politically biased Administration that neither appreciates nor has the ability to work with experts in the career civil service.

PWS

09-09-17

 

 

HON. JEFFREY CHASE: From The Heart — Tribute To A.M. “Abe” Rosenthal Of The NY Times, “A Dreamer Ahead Of His Time!”

https://www.jeffreyschase.com/blog/2017/9/7/we-are-all-dreamers

“Sep 7 We Are All Dreamers
One of the best recurring experiences of my first stint in private practice (prior to my appointment as an immigration judge in 1995) would begin with my answering the phone and hearing “Jeff, buddy, Abe Rosenthal!” A.M. Rosenthal was one of the biggest names in journalism. A Pulitzer Prize winning foreign correspondent, Abe then became the long-time editor of the New York Times. He courageously pushed to publish the Pentagon Papers over the objection of the Nixon administration, which led to a landmark Supreme Court decision protecting freedom of the press. He also oversaw the paper’s coverage of the Vietnam War and Watergate. Abe heard me speak at a press briefing on asylum in the early 1990s, and would call from time to time to discuss an immigration column he was working on.

Abe once told me that many would ask him why he was so conservative in his views on other topics (an opinion that Abe himself disputed) but was so liberal in his views on immigration? He explained as follows: he was born in Canada; his family immigrated to the U.S. when he was a child. He added that his family’s reason for coming to the U.S. was entirely economic: he therefore saw nothing wrong with immigrants coming to this country solely in search of better wages. When Abe was 18 (which would have been around 1940), he went to enlist in the Army; as was normal procedure, he was asked for his proof of citizenship. When he went home to ask his mother for his citizenship papers, her face took on a strange expression; she then explained to him that he had no legal status in the U.S. Abe said that this was a traumatic experience; he had always thought he was American. He added that back in that time, the authorities were very understanding about this issue, and he was able to obtain U.S. citizenship quickly and easily. But the experience forever shaped his views on immigration.

Abe passed away in 2006, but I thought of his story on Tuesday not long after hearing the depressing, infuriating announcement by our nation’s supposed defender of justice, revoking the legal status that President Obama had through executive order bestowed on some 800,000 youths who, like the late Abe Rosenthal, possessed all that it means to be American with the exception of a citizenship paper. Many others have by now responded to the termination of DACA far more eloquently, emotionally, and intelligently than I could do. I therefore simply wish that A.M. Rosenthal, a Dreamer some 70 years ahead of his time, were still around to write one more column from his heart in response to the sickening injustice that just befell 800,000 of our own youth and our nation’s future.”

Copyright 2017 Jeffrey S. Chase. All rights reserved.

Republished with permission.

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PWS

09-07-17

THE HILL: Rappaport Says: “Trump ended DACA in the most humane way possible!” –Hector Barreto, Chairman of The Latino Coalition Agrees!

http://thehill.com/blogs/pundits-blog/immigration/349566-trump-ended-daca-in-the-most-humane-way-possible

Nolan writes:

“Former President Barack Obama established the Deferred Action for Childhood Arrivals (DACA) Program five years ago with an executive order that granted temporary lawful status and work authorization to certain undocumented immigrants who had been brought to the United States as children.

This was not a good idea. It only provided temporary relief and applicants had to admit alienage, concede unlawful presence, and provide their addresses to establish eligibility for the program, which has made it very easy to find them and rush them through removal proceedings.

Instead of giving false hope to the young immigrants who participated in the program and heightening their risk of deportation, Obama should have worked on getting legislation passed that would have given them real lawful status and put them on a path to citizenship. Such bills are referred to as DREAM Acts, an acronym for “Development, Relief, and Education for Alien Minors Act.”

That still is the only option that makes any sense.

. . . .

DACA advocates need to put aside any anger they have over the rescission of DACA and work on getting a DREAM Act passed.

DREAM Acts have been pending in Congress since 2001, and we are yet to see one enacted.  This is what led Obama to establish the DACA program administratively.

A new approach is needed. One possibility would be to base eligibility on national interest instead of on a desire to help as many undocumented immigrants as possible, which is the approach taken by the recently introduced American Hope Act, H.R. 3591. It might more appropriately have been named, “The False Hope Act.”

The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

In a separate blog over on CNBC, Hector Barreto, Chairman of the Latino Coalition echoed Nolan:

https://www.cnbc.com/amp/2017/09/06/on-daca-trump-did-the-right-thing-commentary.html

“The winding down of DACA is the perfect time for Congress to develop effective, compassionate policy on immigration – something most Americans strongly agree we need. The best reforms will be developed through the legislative process, not executive orders – and that’s something else both sides can agree on.

In the meantime, leaders should stay away from inflammatory language and fear mongering. Mass deportations will not happen – it is simply not logistically possible, and it is not what the Trump Administration has called for. It is worth noting how Attorney General Sessions described the government’s next steps:

The Department of Justice has advised the President and the Department of Homeland Security that DHS should begin an orderly, lawful wind down, including the cancellation of the memo that authorized this program. … This [wind down process] will enable DHS to conduct an orderly change and fulfill the desire of this administration to create a time period for Congress to act—should it so choose. We firmly believe this is the responsible path.

Sessions’ words about a “wind down” were rational and calm, indicating an approach that is not drastic or dramatic, not gratuitously painful or overly political. The end of DACA and the beginning of lawful immigration reform can, and should, be handled with this level of maturity and respect – for dreamers for American citizens, and for our nation’s tradition of the rule of law.

PLAY VIDEO

Demonstrators hold signs during a protest in front of the White House after the Trump administration today scrapped the Deferred Action for Childhood Arrivals (DACA), a program that protects from deportation almost 800,000 young men and women who were brought into the U.S. illegally as children, in Washington, U.S., September 5, 2017.

There are no easy or simple answers on immigration, and it’s okay for our leaders to acknowledge that fact. I believe they can find legislative solutions that strengthen America, recognize our proud immigrant tradition, keep the economy strong, and keep our citizens safe and our borders secure. The core elements of President George W. Bush’s immigration reform proposals, for example, met those goals through effective border security, a functioning and humane guest worker program, and a pathway to earned legal status for the undocumented. Given the six-month time frame Congress will have before DACA ends, they would do well to start their work with Bush’s already well-developed proposal.

President Trump even Tweeted on Tuesday that he would revisit the issue if Congress cannot act.”

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

Read Nolan’s and Hector’s blogs at their respective links above.

I agree with Nolan’s “bottom line:”

“The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

PWS

09-05-17

 

 

ALWAYS A PRETTY SAFE BET: “Jeff Sessions is wrong,” Says Sen. Lindsey Graham (R-SC) — (Actually, Sessions Lied And Smeared Some All-American Young People In The Process, But Why Split Hairs?)

http://www.politico.com/story/2017/09/06/daca-dreamers-reaction-lindsey-graham-242370?cid=apn

Louis Nelson reports in Politico:

“Attorney General Jeff Sessions’ assertion Tuesday that so-called Dreamers have taken jobs away from American citizens is “wrong,” Sen. Lindsey Graham declared Wednesday morning, pushing back against his former Senate colleague and calling for compassion from Congress.

“Jeff Sessions is wrong. These kids are not taking jobs from American citizens, they’re part of our country,” Graham (R-S.C.) told NBC’s “Today” show, rebutting Sessions’ assertion from the previous day. “They’re fully employed for the most part, they’re in school, they will add great value. The president is right to want to have a heart for these kids.”

 

The attorney general’s comment about Dreamers, undocumented immigrants who were brought to the U.S. as children, came during his announcement that the Trump administration will rescind DACA, a program that offers work permits to Dreamers and protects them from deportation. Sessions, known as a hawk on immigration issues during his Senate tenure, blamed the program for hurting American job-seekers and for creating a “humanitarian crisis” on the U.S.-Mexico border.”

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

Read the complete article at the link.

Sessions lacks credibility even with his own former colleagues from his own party.

PWS

09-06-17

CNN’S TAL KOPAN: The Good Guys Take The Field — File Suit To Protect Dreamers!

http://www.cnn.com/2017/09/06/politics/daca-trump-states-lawsuits/index.html

Tal reports:

“Washington (CNN)Conservative states may have boxed President Donald Trump into announcing an end for the Deferred Action for Childhood Arrivals program — but Democratic state attorneys general are already fighting back.

A coalition of 16 Democratic and nonpartisan state attorneys general filed suit in New York federal court on Wednesday to stop Trump’s sunset of DACA — the Obama-era program that protected young undocumented immigrants brought to the US as children from being deported — and they say Trump’s comments about Mexicans should be used against him.
The groups laid out five different constitutional arguments against Trump’s move, saying it was motivated by discriminatory reasons, that it violated due process by being “fundamentally unfair,” and that it violated laws that dictate procedures for federal regulations.
The lawyers note that most DACA recipients are of Mexican origin and devote a whole section to inflammatory statements Trump has made about Mexicans, including his attacks on a federal judge of Mexican descent.
“As President Trump’s statements about Mexico and those with Mexican roots show, the President has demonstrated a willingness to disparage Mexicans in a misguided attempt to secure support from his constituency, even when such impulses are impermissible motives for directing governmental policy,” the attorneys general wrote.
Trump’s statements as a candidate and President have been used against him in previous lawsuits, most notably challenges against his travel ban earlier this year.
The lawsuit also devotes a section to Texas, the state that pushed Trump to end the program, using a section to describe Texas as “a state found to have discriminated against Latinos/Hispanics nine times since 2012.”

Trump on Tuesday moved to sunset the DACA program, acting in response to a threat from 10 states led by Texas Attorney General Ken Paxton sent in late June, threatening Trump that they’d sue in an unfriendly court if the President didn’t end the program by September 5.
The President said his administration would not accept any new DACA applications from Tuesday onward and that any two-year DACA permits expiring after March 5, 2018, would not be renewed.
Now, those state officials’ Democratic counterparts are hoping they can have the opposite effect on the administration, succeeding in the courts to reinstate the program that has protected nearly 800,000 young people in its time and currently has nearly 700,000 people enrolled.
“Immigration is the lifeblood of New York State,” New York Attorney General Eric Schneiderman said in a statement. “The Trump administration’s decision to end DACA is cruel, inhumane, and devastating to the 42,000 New Yorkers who have been able to come out of the shadows and live a full life as a result of the program.”
“I filed suit against President Trump and his administration to protect DACA because Dreamers are just as American as first lady Melania Trump,” New Mexico Attorney General Hector Balderas said in a statement.

Justice Department spokesman Devin O’Malley said the department is ready to defend itself.
“As the attorney general said yesterday: ‘No greater good can be done for the overall health and well-being of our Republic, than preserving and strengthening the impartial rule of law,'” O’Malley said. “While the plaintiffs in today’s lawsuits may believe that an arbitrary circumvention of Congress is lawful, the Department of Justice looks forward to defending this administration’s position.”

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Read Tal’s complete article at the link.

I agree with Steve Yale-Loehr and other experts that Federal Courts (other, of course, than Judge Hanen in Texas) usually are reluctant to get into the area of prosecutorial discretion (“PD”). During my “Legacy INS” days, we successfully fended off numerous attempts to judicially review PD.

There were two areas, however, where we sometimes got “pushback” from Federal Judges. One involved claims of systematic racial, political, or nationality bias in PD decisions. The other involved claims that the Government had promised foreign nationals PD as an inducement for testimony or evidence in connection with criminal investigations.

Both of these appear to be implicated here. Indeed, Sessions’s anti-immigrant, anti-Latino rant from yesterday, replete with demonstrable misrepresentations and unfounded innuendo, should be a “treasure trove” for plaintiffs.

Additionally, as I pointed out in a blog from earlier this week, some Federal Judges are already on record as finding unfairness in the DHS practice of soliciting applications for humanitarian relief and then using the application information as proof of removability. The overwhelming majority of DACA applicants were not in enforcement proceedings. The came forward to USCIS voluntarily in response to a Government campaign urging them to apply and promising that application information would not be used against them.

In the past, the racially charged bombastic statements of Trump and his minions have been very useful to plaintiffs in making out a case of invidious motivation.

Finally, the claim that the Sessions DOJ is interested in  preserving and strengthening the rule of law might well provoke laughter in the courtroom. And, Sessions won’t be able to prosecute Federal Judges for reacting to his disingenuous claims the same way he can threaten his activist critics. Indeed, I can only hope that the Federal Judge assigned to this case is astute enough to note that such a ridiculous claim is being made in behalf of a President who consistently disrespects the Federal Judiciary and whose sole act of  clemency to date has been to pardon the notorious racist scofflaw “Sheriff Joe” who was held in  contempt of Federal Court. “Rule of law” indeed!

PWS

09-06-17

 

 

 

 

COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!

Three articles from today show the “clear and present danger” to American democracy, our national security, and our fundamental values stemming from Jeff “Gonzo Apocalypto” Sessions and his radical right — some would say fascist is more accurate — cabal.

While Trump increasingly appears to be a looney incompetent functioning primarily in the early morning “tweetosphere,” Sessions & Co. know a thing or two about how to take over and sabotage government of the people, by the people, and for the people. (Ironically, the “Party of Lincoln” has morphed into  the “anti-Lincoln,” opposed to equality, generosity, democracy, and inclusion.)

First, Dana Milbank in the Washington Post describes “Gonzo the Clown’s” ludicrous attempts to use and abuse criminal law to suppress free public expression of opinions:

“Did you hear the one about Jeff Sessions?

I’d like to tell you, but I can’t. You see, it’s illegal to laugh at the attorney general, the man who on Tuesday morning announced that the 800,000 “dreamers” — immigrants brought here illegally as children — could soon be deported. If you were to find my Sessions jest funny, I would be an accessory to mirth.

This is no joke, because liberal activist Desiree Fairooz is now being put on trial a second time by the Justice Department — Jeff Sessions’s Justice Department — because she laughed at Sessions during his confirmation hearing. Specifically, she laughed at a line about Sessions “treating all Americans equally under the law” (which is, objectively, kind of funny).”

Yeah, I guess what Sessions, a well-established liar, probably a perjurer, really meant was “all Americans except Blacks, Hispanics, Asian Americans, immigrants, migrants, Dreamers, gays, lesbians, transgendered, bisexual, criminal defendants, Democrats, non-Christians, protestors, non-GOP women, and the poor.” Read the rest of Dana’s article here:

https://www.washingtonpost.com/opinions/apparently-its-illegal-to-laugh-at-jeff-sessions/2017/09/05/86b6e48a-9278-11e7-aace-04b862b2b3f3_story.html?hpid=hp_no-name_opinion-card-b%3Ahomepage%2Fstory&utm_term=.c6b057add449

But, the following list of hostile actions that Sessions has already taken at Justice, compiled by CNN’s Gregory Krieg, are no laughing matter:

“*Directed federal prosecutors to pursue the stiffest possible charge in every single criminal case — potentially triggering draconian mandatory minimum sentences the Obama administration tried to avoid on fairness grounds for non-violent offenders.

*Withdrawn an Obama administration directive offering protections for transgender students who wanted to use bathrooms corresponding to their gender identity.

*Reversed an Obama DOJ order that the federal Bureau of Prisons back off new deals with private facilities. “I direct the Bureau to return to its previous approach,” Sessions said in a memo citing concerns that the “future needs of the federal correctional system” would be “impaired.”

*Launched a broad-based effort to reduce federal oversight of local police departments, like those put under increased scrutiny following investigations into alleged abuses. The deputy attorney general and associate attorney general were ordered to review lots of things, including all “contemplated consent decrees.”

*In a move criticized by voting rights advocates, asked state election officials in June to lay out their processes for purging voter rolls of individuals who have become ineligible due to, among other reasons, “death or change of residence.”

*Put in place a policy that could pave the way for an increase in a certain kind of civil asset forfeiture, a controversial practice — in this case a joint federal, state and local version that some departments were accused of using to get around state law — that allows police to seize money or property from suspects who haven’t been convicted of a crime. (The DOJ says it has put new safeguards in place to prevent abuse.)

And more.
Consider Trump’s plan to end DACA. When it came down to it, the President steered clear of the spotlight and let Sessions be the public face of a decision officials from both parties have described as unfair or even cruel.
It’s not the first time Trump has been happy enough — or detached enough, depending on your assessment of the his mindset on these issues — to defer to Sessions or, in cases where executive action is required, follow his lead. Where Trump is primarily focused on how he’s covered in the press and how his actions play with “the base,” officials like Sessions and EPA Administrator Scott Pruitt have shown themselves to be laser-focused on very specific policy points.

. . . .

By his side? None other than a once anonymous aide turned top Trump White House official: Stephen Miller.”

Read Gregory’s complete article here:

http://www.cnn.com/2017/09/06/politics/jeff-sessions-donald-trump-daca-policy/index.html

And, in the Washington Post,  Sarah Posner puts it all in scary context by describing the Bannon-led White Nationalist’s larger program to turn America into a White Theo-Fascist State:

“Now that he is out of the White House, Bannon’s ambitions, if anything, appear to seek an even more enduring footprint on Republican politics. His grand plan is to remake American conservatism, by shifting it away from its long-standing “three-legged stool” coalition of tax-cutters, defense hawks and the religious right. His strategy is to peel away Christian conservatives from that coalition, and to build a new coalition with anti-immigrant, anti-Muslim, far-right nationalists, in order to make the Trump revolution permanent, even after Trump has left the White House.
Consider the headline on a prominently placed “exclusive” published on the site late last night, which heaps the most coveted of Breitbartian praise on Moore: “Judge Roy Moore Embodies Jeff Sessions.” In an interview with Breitbart, Moore says he shares Sessions’s views on immigration and trade, and that he, too, is a “very strict constructionist of the Constitution.” He says he favors impeaching federal judges, even Supreme Court justices, and singles out Obergefell v. Hodges , the landmark 2015 case legalizing same-sex marriage, as warranting impeachment.
Bannon hinted at some of his designs in an interview with me last year. He said that, without the religious right, his base alone lacks the numbers to “to ever compete against the progressive left.”
In Moore, Bannon has found an unabashed proponent of “biblical law.” Bannon doesn’t appear to care much about “biblical law,” but Moore’s overheated depiction of the overreach of the federal government dovetails with the Bannon goal of “the deconstruction of the administrative state.”
Indeed, the Breitbart-Moore alliance is the most vivid example to date of the anti-government, white-nationalist Breitbart forces teaming up with a candidate with shared views on issues such as immigration and the role of the federal government, but which are driven by outwardly theocratic aspirations. Bannon is not seen as an overtly religious figure, but he has actively sought the religious right’s imprimatur for purely political purposes.
As Politico reports, Bannon himself is now using Breitbart to help “orchestrate the push” for Moore’s candidacy in high-level meetings with influential conservative groups.
There is a good deal of overlap between Bannon’s depiction of Trumpism as a revolt against global elites and Moore’s own rhetoric. Moore has long railed at elitists and “tyrannical” government overreach, albeit from a theocratic point of view. He first became a national hero to the religious right over a decade ago, after he was stripped of his post as chief justice of the Alabama Supreme Court for defying a federal court order to remove a 2.6-ton Ten Commandments monument from the state courthouse, because it violated the separation of church and state.
Undeterred, Moore ran unsuccessfully for governor and then again for his state’s top judicial post, regaining his seat in 2012. After a federal court struck down the state’s ban on same-sex marriage in early 2015, Moore pointedly told Alabama’s governor that complying with the federal court order could violate God’s law.
Although Breitbart hardly teems with religious language, Moore shares its conspiratorially dark vision of America, and particularly America’s perceived enemies. When I saw him speak in 2011, when Barack Obama was still president, Moore maintained: “Our government is infiltrated with communists, we’ve got Muslims coming in and taking over where we should be having the say about our principles.” On immigration, he said the government was failing “to protect against invasions” and was “letting anybody come in!”
Ultimately, the Breitbart-Moore alliance offers a hint at where the Trump base is headed. If Bannon has his way, it will evolve into a kind of coalition of anti-immigrant, anti-Muslim white nationalists seeking to disrupt the GOP from within by joining forces with the Christian right, long an essential component of the GOP base. Whether or not Moore wins, if Bannon can keep pushing the Trumpist base in that direction by continuing to solidify that coalition, we can only guess at the consequences that will have for the GOP over the long term.”

Consequences for the GOP, Sarah? What about the consequences for the world and humanity of turning America into a White Fascist State incorporating the worst parts of Christian mythology, while leaving the kind, merciful, inclusive, and forgiving message of Jesus Christ in the dust?

In the first place, fortunately, only a minority of Americans share the Bannon-Sessions White Nationalist dream. So, making it come to fruition has to involve suppressing and overcoming by unlawful or unconstitutional means the will and rights of those of us in the majority.

That’s an old Bolshevik trick. And, indeed, Bannon is a self-proclaimed “Leninist revolutionary” — Sessions is his Trotsky. (Can’t really picture Stephen Miller as Stalin —  but his ability to concoct lies at a moment’s notice and his cold lack of humanity or any discernible decency or human values, along with his disdain for representative government and love of the dictatorial model certainly fits “Papa Joe” to a tee. You could definitely imagine Miller as leader of a Trump “personality cult” in a fascist regime.)

Read Sarah’s complete article here:

https://www.washingtonpost.com/blogs/plum-line/wp/2017/09/05/steve-bannons-grand-disruptive-designs-are-only-getting-started/?utm_term=.80ddcfa9f294

But, that’s not all folks! Intentionally cruel, racist, and gonzo as Sessions’s grand plan of “ethnic cleansing” of Dreamers might be, it would actually cost the US economy an astounding  $215 billion, and that’s a conservative estimate that doesn’t even factor in the billions that would be wasted by DHS and EOIR in arresting and deporting America’s future stars (basically, because they aren’t White. As I’ve said before, no sane person thinks we’d be having this orchestrated “immigration debate” if the migrant population were predominantly white, English as a first language, Christians)!

According to Vanessa Wang in Buzzfeed:

“Reversing the Deferred Action for Childhood Arrivals program could cost the economy $215 billion in lost GDP and cost the federal government $60 billion in lost revenue over ten years, according to the libertarian think tank the Cato Institute.
Ike Brannon, a visiting fellow at Cato, wrote in a recent blog post: “It is important to note that these estimates are conservative, as DACA recipients will likely end up being more productive than their current salaries indicate, as they complete their degrees and gain experience in the workplace. Nor does this analysis factor in the enforcement cost of physically deporting recipients should the program be eliminated, which we believe would be significant.”
California, New York and Florida would bear the greatest costs, according to the Cato Institute’s analysis.
The New American Economy — a coalition of business leaders and mayors “who support immigration reforms that will help create jobs for Americans today” — estimated that the DACA-eligible population earns almost $19.9 billion in total income annually, contributes more than $1.4 billion to federal taxes, more than $1.6 billion to state and local taxes and represent almost $16.8 billion in spending power.
“Despite the rhetoric claiming undocumented youths are a drain on the U.S. economy, 90% of the DACA-eligible population who are at least 16 years old are employed” and contribute meaningfully to the economy, the coalition wrote in a brief.
“Ending DACA will disrupt hundreds of thousands of promising careers and cost the US economy dearly,” said John Feinblatt, President of New American Economy in a statement on Tuesday.
On Tuesday, the Department of Homeland Security said it would shut down DACA in six months, potentially giving Congress some time for a legislative solution. House Speaker Paul Ryan has said there are DREAMers “who know no other country, who were brought here by their parents and don’t know another home. And so I really do believe there that there needs to be a legislative solution.”
“Now it’s imperative for Congress to do what’s right and economically smart – protect the young achievers who know no home but America,” said Feinblatt.”

That’s right folks! The Bannon-Sessions White Nationalists would be willing to damage our economy to the the tune of probably a quarter of a trillion dollars for the sheer joy of ruining human lives and entrenching their White Power structure. In most other contexts, there would be a name for such conduct: “domestic terrorism!”

Here’s a link to Vanessa’s article:

https://www.buzzfeed.com/venessawong/scrapping-daca-could-cost-the-economy-as-much-as-215-billion?utm_term=.xdw9nKYOa#.liAZ2w8Y5

Finally, a number folks have noted that DACA is a DHS/USCIS program. So, why was the Attorney General, who pointedly was stripped of his immigration deportation functions and responsibilities by the Act creating DHS, out there acting like he is the deporter-in-chief and administrator of the DHS (which, by statute, he no longer is.)

 

Well, not suprisingly, I’m not in the Trump Administration’s “inner circle.” So, who knows for sure.

But, to me two things were evident. First, Donald Trump is a coward who didn’t have the guts to be the front man for his own inhumane policy — particularly since Sessions contradicted Trump’s public assurances that he “loved Dreamers,” understood their plight, and that they had “nothing to fear” from him and his Administration because he was going to come up with a”great solution” to their situation.

Second, Sessions has never accepted his secondary statutory and Constitutional role in immigration enforcement. With the weak Gen. Kelly in charge of DHS, Sessions simply pretended like the AG was back at the helm of immigration enforcement. After all, Sessions has spent a lifetime attempting to turn back the clock. This is just the first time that he has gotten away with it without any real opposition.

Kelly was a “bobblehead,” meekly agreeing with Sessions’s most outrageous, unlawful, and inhumane statements. He even lent his name to an infamous Sessions-Miller contrived “letter” asking the President for Travel Ban 2.0 and citing facially bogus statistics and disingenuous arguments attempting to tie individuals from Muslim countries to unrelated terrorist threats. In other words, on immigration enforcement, Kelly’s “substance” was about 1/16″ deep, and I’m being generous.

Obviously, killing the Dreamers’ future while heaping scorn on them was Session’s version of “Super Bowl Sunday:” a chance to publicly reclaim the role of deporter-in-chief, while inflicting gratuitous harm on a gallant but vulnerable (largely non-White) group of young people, and tossing in some gratuitous racist insults and nativist lies in the process. For a guy who has spent a lifetime heretofore unsuccessfully trying to “get back to Jim Crow” (where not coincentally, bogus “rule of law” arguments and “state’s rights” were used by Sessions’s Alabama antecedents to deny Black Americans not only their constitutional rights but in many cases their very lives in the process) this had to be “hog heaven.” Let’s not forget that Sessions has endorsed the blatantly racist and anti-semitic “Immigration Act of 1924” as a model for White Nationalist restrictionist policies. See, e.g.http://www.slate.com/blogs/the_slatest/2017/09/05/jeff_sessions_praise_of_1924_eugenics_immigration_law_remains_insane.html

I’m sure Gonzo pines for the “good old days” of the Chinese Exclusion Laws when America knew how to use the “rule of law”  and just how to treat the folks who built the trans-continental railroad, most of California, lots of New York, and points in between. Declare them to be an “inferior race” — a threat to our cultural integrity —  and throw them out before they can displace the White Americans who exploited their ingenuity and hard labor.

Also, make no mistake about it, if Sessions were able to carry out his gonzo plans to deport Dreamers to foreign lands that most of them have hardly lived in, some will actually die in the process. But, hey, the lives of non-Whites are just “collateral damage” in the Bannon-Sessions world vision.

Sessions is part of our nation’s racist, White Supremacist past that we will need to get beyond to continue to prosper as a country and to lead the free world. The Dreamers can help us do that! The only question for the rest of us is what legal channels are available to move Sessions and his cohorts out of the way so that the Dreamers, along with other immigrants and minorities, can help lead us to a brighter future as a proudly diverse, humane, and powerful nation.

Liz Warren was right! America is better than Jeff Sessions! It’s time we showed it!  

PWS

09-05-17