THANK YOU DR. MARTIN! – FORMER EXECUTIVE DIRECTOR OF “JORDAN COMMISSION” SLAMS TRUMP/GOP RESTRICTIONISTS DISINGENUOUS CLAIMS TO BE CARRYING OUT JORDAN’S LEGACY — “The president’s policies are the opposite of Barbara Jordan’s view that a robust level of legal immigration is in the national interest. Even more critically, Jordan would have been the first person to speak up against the discriminatory intent and language in President Trump’s proposals. In her own words, ‘I believe the fact that America is a nation of immigrants should be a source of pride and not a reason to ignite virulent nationalism.’”

http://cmsny.org/publications/martin-barbara-jordan/

Professor Susan Forbes Martin writes in Center for Migration Studies:

“After years of talking about a broken immigration system, President Trump offered a framework for immigration reform in his State of the Union address. In the lead-up to the address, the White House issued a statement on January 17 honoring Barbara Jordan, the former Chair of the US Commission on Immigration Reform. The White House intimated that Barbara Jordan would have supported the proposals to be championed by the President. The statement is a gross misstatement of Representative Jordan’s views. The President’s position on immigration, and the language he has used, represent all that Jordan decried during her long career and, especially as Chair of the commission. The statement misconstrues the recommendations of the Jordan Commission as justification for deep cuts in immigration that would make it harder for family members, employees and refugees to enter the country. As the Executive Director of the commission, I can attest to the fundamental differences between the Trump policies and Jordan’s and the commission’s recommendations.

In its first report to Congress, the commission did indeed state, as the White House reported, that it is “a right and responsibility of a democratic society to manage immigration so that it serves the national interest.” However, the commission also concluded that “legal immigration has strengthened and can continue to strengthen this country.” Further, the commission “decrie[d] hostility and discrimination against immigrants as antithetical to the traditions and interests of the country.” Its recommendations sought to improve the admission process by ensuring the timely entry of immediate family members of US citizens and legal permanent residents (LPRs) as well as workers and refugees.

The commission’s approach on immigration and refugee policy was considerably at odds with Trump policies—those described in the State of the Union and those already taken through administrative action—in four major areas. First, the Trump administration supports deep cuts in the overall number of family visas, claiming it wants to eliminate “chain migration.” The Commission, on the other hand, viewed family migration as beneficial to the country. It was concerned, however, about the sustainability of the program because of the multiple categories with extremely long backlogs and waiting time. It recommended adding 150,000 visas per year to permit the more rapid admission of the spouses and minor children of LPRs, who faced waiting periods of as much as a decade. To accommodate these additional visas, the Commission recommended re-directing visa numbers currently allocated to adult children and siblings of US citizens and the diversity program after a transition period. The Commission did not see ‘chain migration’ as inherently problematic. Unlike the Trump position, the commission encouraged continued admission as LPRs of the parents of US citizens. As the Executive Director of the Commission, I  understood that it would have been the height of hypocrisy to denounce chain migration, as my own grandmother, like millions of other immigrants before and after, had arranged for the admission of her parents and their younger children after her arrival in the United States as a young woman.

Second, President Trump has made the most significant reduction in the admission of refugees since enactment of the Refugee Act of 1980. The ceiling on admissions was set at 45,000 for the current fiscal year and actual  admissions are not nearly on a pace to meet that low number. By contrast, the commission recommended a floor on admissions of 50,000, stating that foreign policy and humanitarian imperatives necessitated that the United States take a strong leadership role in assisting and protecting refugees worldwide. The commission saw resettlement of refugees as one of the core durable solutions to refugee crises and believed the United States should lead by example. It believed that consultations with Congress, as specified in the Refugee Act of 1980, would be an effective mechanism for increasing admissions beyond the 50,000 floor when necessary. Indeed, the commission recommended that the President have even greater authority to raise the ceiling on admissions in the type of refugee emergencies experienced worldwide today. Jordan and the commission were cognizant of the dire consequences of the inflexibility of US refugee policies in the 1930s when the government rejected thousands of Jewish and other refugees from Nazi Germany who subsequently died in the Holocaust. The Trump policies would bring back those dark days with a hard ceiling on refugee admissions even when crises require flexibility and American leadership. The need for American leadership on these issues seems altogether lost on the administration.

The Commission also supported effective protection of other migrants fleeing life-threatening situations. Jordan was personally active in ensuring protection of asylum seekers from Haiti, a country described by President Trump in highly derogatory terms. In 1994, she approached President Clinton directly to ask him to reverse the policies adopted in the Bush administration that returned Haitian boat people to Haiti without consideration of their claims for asylum. She specifically recommended that they be granted temporary protection, either in Guantánamo or in the United States, until conditions changed significantly inside Haiti or they met the criteria for asylum. She would have been among those denouncing the Trump administration’s abrupt lifting of Temporary Protected Status for Haitians as well as Salvadorans. She understood that TPS was not a perfect solution for those who were unable to return home because of the conditions in their countries and believed in the importance of finding durable solutions for them here or abroad. However, she would never have supported returning TPS recipients to the kinds of conditions that will confront them in Haiti or El Salvador.

Third, the Trump administration has argued that immigration should be based on ‘merit’ as measured by a point system that rewards education and English language skills. The president implied that Norwegians have greater merit than potential immigrants from Africa. Under Jordan’s leadership, the commission explicitly rejected a point system, explaining its decision as follows:

We believe that a system that relies on formulas and bureaucratic procedures for determining which immigrants meet the ability criteria for admission is not as effective in serving the national interest as one that relies on the judgement of American families and employers within a framework that protects US workers from unfair competition.

The Trump administration ignored one of the most important recommendations that the commission made on legal admissions. The commission believed strongly that admission numbers and priorities should not be set in stone as has been the case: the last major reform of the legal immigration system took place in 1990. Rather, it recommended that Congress should revisit admission numbers and categories every three to five years to ensure they still meet the nation’s interests. Proposals by other blue ribbon panels would do the same thing, including through a standing commission which would assess needs and increase or reduce admissions in accordance with current economic conditions. The Trump policies would trap the country with admission ceilings that may be completely inappropriate in the years ahead.

Fourth, the President has chosen to put most of his immigration enforcement eggs into two baskets—a border wall and irresponsible deportation initiatives. The commission, by contrast, called for a comprehensive enforcement strategy that set priorities for deterring unauthorized migration and, when necessary, removing those who were without status or committed particularly serious crimes. The commission was aware that even twenty years ago a large proportion of migrants illegally in the country had overstayed their visas. A border wall would do little to address that problem. Recognizing that most migrants entering without authorization or overstaying their visas did so for jobs, the commission recommended an electronic employment verification system and enhanced labor standards enforcement designed to sanction employers who knowingly hired and exploited undocumented workers. Today, with illegal crossings at the US-Mexico border at historically low levels, expending scarce resources on a border wall makes even less sense. The Trump deportation policies are also problematic. Rather than prioritize the deportation of those who commit serious crimes, as have prior administrations, the administration has chosen to deflect resources towards detaining and attempting to deport those that pose no threat to the security of the country, including people who have registered for such programs as Deferred Action for Childhood Arrivals (DACA) and TPS.

Under Jordan’s leadership, the commission also supported greater cooperation with other countries in managing migration and deterring illegal movements. As part of the comprehensive strategy, the commission recommended negotiation of trade agreements, such as the North American Trade Agreement (NAFTA), that could provide greater economic opportunities in countries of origin while protecting the rights of workers. The commission knew that opening up trade between the US and other countries was not a quick fix to illegal immigration but saw it as a necessary part of a long-term strategy to reduce the push factors causing people to move.

Whether Jordan would have supported DACA is unknowable as she did not address that issue directly. From her views on the importance of citizenship, I feel confident, however, that she would have been a strong supporter of a path to citizenship for the Dreamers. Always seeking bipartisan solutions, she would have applauded President Trump’s proposed pathway to citizenship for about 2.2 million Dreamers. She would have wanted that path to be as expeditious as possible—much shorter than the Trump administration’s proposed 10-year delay. Jordan proposed a new Americanization program that would facilitate naturalization by providing resources to help immigrants more rapidly learn the language and customs of their new home. She would have recognized that the Dreamers have already learned those lessons since they have spent the most formative period of their lives in the United States.

In conclusion, the Trump administration would weaken the United States by placing irresponsible constraints on family reunification, refugee admissions and employment-based admissions while doing little to address the real causes of illegal immigration. The president’s policies are the opposite of Barbara Jordan’s view that a robust level of legal immigration is in the national interest. Even more critically, Jordan would have been the first person to speak up against the discriminatory intent and language in President Trump’s proposals. In her own words, “I believe the fact that America is a nation of immigrants should be a source of pride and not a reason to ignite virulent nationalism.”

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Susan is a long-time friend, former client, and “academic superstar” who was my colleague at Georgetown. Indeed, Susan and our good friend Professor Andy Schoenholz were the “originators” of the “Refugee Law and Policy” course that I taught for several years as an Adjunct Professor at Georgetown Law. Small world!

Of course we need a “robust” legal immigration system not the irrational racially inspired cuts and trashing of “family based” immigration being pushed by Trump, Miller, Sessions, Cotton, and the rest of the White Nationalist xenophobic gang. 

We currently have an estimated 10-11 million so-called “undocumented” residents living in the United States. The vast, vast majority of them are productive, law-abiding individuals who provide services that are literally the “foundations” of our economy. Since we are essentially at “full-employment” the idea that these folks are “stealing jobs from Americans” is preposterous.

The problem is not that these folks are here without documents. Rather, it’s that our laws have been so poorly designed that we did not allow for enough legal immigration at the right levels (many more in the so-called “unskilled” and “service” jobs). Consequently, our economy and market forces basically created an “extralegal immigration system” to meet the legitimate needs of U.S. employers and would-be legal immigrants.

Logically, that calls for an expansion, not a contraction, of legal immigration. By allowing U.S. employers to use legal immigration to fill certain positions, we would virtually eliminate the so-called “jobs magnet” for illegal immigration. Moreover, we would insure that those coming have been properly screened, documented, and will pay taxes immediately. At that point there would be fewer individuals crossing the border illegally, and we could be better assured that those coming outside the system did not belong. The system would finally become rationally related to our national interests and the interests of the immigrants, instead of working against these natural market forces! And, we wouldn’t need “the Wall”,” a militarized border, the “New American Gulag,” tens of thousand of additional immigration agents, or thousands of additional U.S. Immigration Judges to make the system work. Imagine how much that might help the national deficit!

PWS

02-09-18

MORE LUMPS FOR TRUMP FROM LOWER COURT ON REFUGEE BAN!

http://thehill.com/homenews/administration/366337-federal-judge-partially-lifts-trump-ban-on-refugees

Jesse Byrnes and Julia Manchester report for The Hill:

“A federal judge in Seattle has partially lifted a ban on certain refugees imposed by the Trump administration.

U.S. District Judge James Robart issued a ruling on behalf of the American Civil Liberties Union (ACLU) and Jewish Family Service on Saturday.

The groups had urged the judge, an appointee of former President George W. Bush, to halt the ban on refugees from some majority-Muslim nations.

Robart ruled that the federal government should process certain refugee applications, saying his order doesn’t apply to refugees who do not have a “bona fide” relationship with an individual or an entity in the U.S.

The ban originally went into effect after the president issued an executive order reinstating the refugee program “with enhanced vetting capabilities” in October.

The ACLU argued that a memo sent to the president from Secretary of State Rex Tillerson, acting Homeland Security Secretary Elaine Duke and Director of National Intelligence Daniel Coats saying certain refugees should be banned unless security was enhanced did not provide enough evidence for why more security was needed.

The judge wrote Saturday that “former officials detailed concretely how the Agency Memo will harm the United States’ national security and foreign policy interests” and said his ruling restores “refuge procedures and programs to the position they were in prior” to the ban, which he noted included thorough vetting of individuals traveling to the U.S.

The lawsuits stemming from the ACLU and Jewish Family Services were consolidated and involved refugees who have been blocked from coming to the U.S.”

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Read the complete article over at The Hill at the link.

Like other recent lower court rulings against the Travel Ban, I expect this will be largely a “symbolic victory” for the plaintiffs. Based on the Supremes’ actions on other “Travel Ban”  cases to date, I expect that the Administration will eventually prevail in its effort to restrict refugee admissions from abroad.

PWS

12-26-17

CHRISTMAS 2017: Pope Francis Makes Migrants’ Humanity, Plight, Rights Focus Of Christmas Message To World’s Christians!

 

https://www.huffingtonpost.com/entry/pope-christmas-eve-migrants_us_5a4025cfe4b025f99e17c35b

Phillip Pullella reports for HuffPost:


“Pope Francis strongly defended immigrants at his Christmas Eve Mass on Sunday, comparing them to Mary and Joseph finding no place to stay in Bethlehem and saying faith demands that foreigners be welcomed.
Francis, celebrating his fifth Christmas as leader of the world’s 1.2 billion Roman Catholics, led a solemn Mass for about 10,000 people in St. Peter’s Basilica while many others followed the service from the square outside.
Security was stepped up, with participants checked as they approached St. Peter’s Square even before going through metal detectors to enter the basilica. The square had been cleared out hours earlier so security procedures could be put in place.
The Gospel reading at the Mass in Christendom’s largest church recounted the Biblical story of how Mary and Jesus had to travel from Nazareth to Bethlehem to be registered for a census ordered by Roman Emperor Caesar Augustus.
“So many other footsteps are hidden in the footsteps of Joseph and Mary. We see the tracks of entire families forced to set out in our own day. We see the tracks of millions of persons who do not choose to go away, but driven from their land, leave behind their dear ones,” Francis said.
Even the shepherds who the Bible says were the first to see the child Jesus were “forced to live on the edges of society” and considered dirty, smelly foreigners, he said. “Everything about them generated mistrust. They were men and women to be kept at a distance, to be feared.”

“NEW SOCIAL IMAGINATION”
Wearing white vestments in the flower-bedecked church, Francis called for a “new social imagination … in which none have to feel that there is no room for them on this earth.”
The 81-year-old pope, who was born of Italian immigrant stock in Argentina, has made defense of migrants a major plank of his papacy, often putting him at odds with politicians.
Austria’s new chancellor, Sebastian Kurz, has aligned himself with central European neighbors like Hungary and the Czech Republic in opposing German-backed proposals to distribute asylum seekers around EU member states.
In elections in Germany in September, the far-right and anti-immigrant Alternative for Germany (AfD) party made significant gains, with electors punishing Chancellor Angela Merkel for her open-door policy and pushing migration policy to the top of the agenda in talks to form a coalition government.
Italy’s anti-immigrant Northern League, whose leader Matteo Salvini often gives fiery speeches against migrants, is expected to make gains in national elections next year. A law that would give citizenship to children born in Italy to migrant parents is stalled in parliament.
In his homily, Francis said, “Our document of citizenship” comes from God, making respect of migrants an integral part of Christianity.
“This is the joy that we tonight are called to share, to celebrate and to proclaim. The joy with which God, in his infinite mercy, has embraced us pagans, sinners and foreigners, and demands that we do the same,” Francis said.
Francis also condemned human traffickers who make money off desperate migrants as the “Herods of today” with blood on their hands, a reference to the Biblical story of the king who ordered the killing of all newborn male children near Bethlehem because he feared Jesus would one day displace him.
More than 14,000 people have died trying to make the perilous crossing of the Mediterranean to Europe in the past four years.
On Christmas Day, Francis will deliver his twice-yearly “Urbi et Orbi” (To the City and to the World) blessing and message from the central balcony of St. Peter’s Basilica.

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Compare the Pope’s very clear statement of true Christian values with the fear-mongering, false narratives, and xenophobic rantings and actions of the so-called “Christians” in the Trump Administration.

PWS

12-26-17

9th Blasts Trump Again In (Mostly Symbolic) Rejection Of Travel Ban 3.0 – Expect The Supremes Eventually To Hand a Victory To Trump On This One!

https://www.huffingtonpost.com/entry/trump-third-travel-ban-appeals-court_us_5a3da390e4b06d1621b461cc

 

Dan Levine reports for Reuters:

“Reuters) – A U.S. appeals court on Friday said President Donald Trump’s hotly contested travel ban targeting people from six Muslim-majority countries should not be applied to people with strong U.S. ties.

The 9th U.S. Circuit Court of Appeals, which covers several West Coast states, also said its ruling would be put on hold pending a decision on the latest version of the travel ban from the Trump administration by the U.S. Supreme Court.

Since taking office in January, Trump has been struggling to enact a ban that passes court muster.

A three-judge panel from the 9th Circuit narrowed a previous injunction from a lower federal court to those people “with a credible bona fide relationship with the United States.”

It also said that while the U.S. president has broad powers to regulate the entry of immigrants into the United States, those powers are not without limits.

“We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority,” the panel said.

The ban targets people from Chad, Iran, Libya, Somalia, Syria and Yemen seeking to enter the United States. The Republican president has said the travel ban is needed to protect the United States from terrorism.

The state of Hawaii, however, challenged it in court, and a Honolulu federal judge said it exceeded Trump’s powers under immigration law.

Trump’s ban also covers people from North Korea and certain government officials from Venezuela, but the lower courts had already allowed those provisions to go into effect.

The same three judge 9th Circuit panel, which limited a previous version of Trump’s ban, heard arguments earlier this month. Some of the judges appeared more cautious toward the idea of blocking the president’s policy.

Trump issued his first travel ban targeting several Muslim-majority countries in January, which caused chaos at airports and mass protests.

He issued a revised one in March after the first was blocked by federal courts.

That expired in September after a long court fight, and was replaced with the current version.

The ban has some exceptions. Certain people from each targeted country can still apply for a visa for tourism, business or education purposes, and any applicant can ask for an individual waiver.

U.S. Justice Department officials were not immediately available for comment.

(Reporting by Dan Levine in San Francisco and Jon Herskovitz in Austin, Texas; Editing by Tom Brown)”

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I think the result here is largely a symbolic protest against Trump by the 9th Circuit. The court stayed it’s own order, pending inevitable Supreme Court review; therefore, the ruling changes nothing.

But, in reality, although going through the motions of pressing the lower courts to rule, it appears that the  majority of the Supremes have already decided Travel Ban 3.0 in favor of the Trump Administration. Otherwise, the Supreme’s recent decision to stay the lower court injunctions pending review would fall somewhere between inexplicable to indefensible on the scale of judicial conduct. Justices Ginsburg and Sotomayor dissented from the lifting of the stay. Therefore, I would expect a “split decision,” with the Administration’s margin of victory to be in the range of 5-4 to 7-2.

 

PWS

12-24-17

DOUG JONES “THEORETICALLY” WOULD HAVE “JUST SAID NO” TO GONZO AS AG — “too harsh on voting rights and criminal-justice issues!” — So What Else Is New?

https://www.washingtonpost.com/news/powerpost/wp/2017/12/15/doug-jones-eager-to-speak-for-the-south-embraces-the-spotlight/

David Weigel reports for the Washington Post:

“Doug Jones, weeks away from taking office as Alabama’s first Democratic senator since 1996, is not done talking about his win. On Wednesday, as national TV cameras rolled, he spent 26 minutes talking about his goals for 2018. On Thursday, he talked to the hosts of “Pod Save America” — a tastemaking podcast for liberals — about how he won. And on Sunday, he will be interviewed by Chris Wallace on Fox broadcast channel, and the show will be repeated later in the day on Fox News — a cable channel on which many Democrats refuse to appear.

So far, Jones has not made much news since his victory, ducking the Democratic fight over whether he should be seated in time to cast a vote on the GOP tax bill. (“We’ve still got a process in Alabama that we have to go though,” he said on “Pod Save America.”) He’s said more about how he won — as a “kitchen table” pragmatist and critic of Republican policy — and his hope that the South’s Republican dominance may start to crack.

“I believe we are on the road to having a competitive two-party state,” Jones said at Wednesday’s news conference.

Jones had been talking like that for months, though rarely before a national audience, and not in stump speeches. But as Republicans knew, and as they failed to exploit Tuesday, Jones did not run as a conservative and rarely took the Trump administration’s side on key issues. Most of Jones’s television ads, especially in the last month, portrayed the election as a choice between a Democrat who could “work with anybody” and a Republican who would engage in futile, embarrassing grandstanding.

In interviews, however, Jones often spoke of a different choice for Alabama — whether they wanted to send a new representative of the Deep South to the national stage. In an August interview with The Washington Post, before much national attention had driven toward his campaign, Jones said he would have theoretically opposed Jeff Sessions’s nomination for attorney general. He rattled off the reasons: Sessions was too harsh on voting rights and criminal-justice issues.”

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Read the rest of the article at the link.

Jones might have added “bigot, racist, xenophobe, White Nationalist, homophobe, Islamophobe, bully, liar, theocrat, sexist, and “D-grade legal mind,” to the reasons. But, we get the point. Even in Alabama, Sessions’s obvious bias, retrograde views, and general lack of qualifications for high office were well known.

In other words, if you remove the pedophelia, the ridiculous leather vest, poor little pony, waving pistol, and totally obnoxious wife, then “Gonzo” is “Ayatollah Roy.”

Unfortunately,  Gonzo has been able to do even more damage to our country, our Constitution, and our future (e.g.,our “Dreamers“) as an appointed official than he was in the Senate (perhaps because he was so, well, “Gonzo,” that even in his own party nobody took his “parallel universe” 1950’s segregationist view of America seriously). Probably happy enough to get rid of him as a colleague, the GOP inflicted him on the entire nation!

But, the majority of Americans who don’t believe in Gonzo’s “Apocalyptic Vision” don’t  have to put up with this travesty indefinitey. Hopefully, working with colleagues on both sides of the aisle, and drawing on the abysmal record of “Gonzo in action,” Doug Jones will be able to use “the system” to work cooperatively with others to remove the  most stunningly unqualified Attorney General since John Mitchell from office.

We can all hope.

PWS

12-15-17

WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”

https://www.washingtonpost.com/opinions/trumps-deportation-tough-talk-hurts-law-abiding-immigrants/2017/12/10/9a87524a-a93b-11e7-850e-2bdd1236be5d_story.html

The Post Editorial Board writes:

“The broader dysfunction in America’s immigration system remains largely unchanged. Federal immigration courts are grappling with a backlog of some 600,000 cases, an epic logjam. The administration wants to more than double the number of the 300 or so immigration judges, but that will take time. And its recent moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.

Mr. Trump’s campaign bluster on deportation was detached from reality. He said he’d quickly deport 2 million or 3 million criminal illegal immigrants, but unless he’s counting parking scofflaws and jaywalkers, he won’t find that many “bad hombres” on the loose. In fact, legal and illegal immigrants are much less likely to end up in jail than U.S. citizens, according to a study by the Cato Institute.

The president’s sound and fury on deportation signify little. He has intensified arrests, disrupting settled and productive lives, families and communities — but to what end? Only an overhaul of America’s broken immigration system offers the prospect of a more lasting fix.”

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Read the full article at the link.

The Post also points out the damage caused by Trump’s racist “bad hombres” rabble rousing and the largely bogus nature of the Administration’s claims to be removing “dangerous criminals.” No, the latter would require some professionalism and real law enforcement skills. Those characteristics are non-existent among Trump Politicos and seem to be in disturbingly short supply at DHS. To crib from Alabama GOP Senator Richard Shelby’s statement about “Ayatollah Roy:” Certainly DHS can do better than Tom Homan.

And certainly America can do better than a US Immigration Court run by White Nationalist Attorney General Jeff “Gonzo Apocalypto” Sessions. Gonzo’s warped concept of Constitutional Due Process is limited to insuring that he himself is represented by competent counsel as he forgets, misrepresents, misleads, mis-construes, and falsifies his way through the halls of justice.

Jeff Sessions does not represent America or American justice. The majority of American voters who did not want the Trump debacle in the first place still have the power to use the system to eventually restore decency, reasonableness, compassion, and integrity to American Government and to send the “Trump White Nationalist carpetbaggers” packing. The only question is whether or not we are up to the task!

PWS

12-12-17

 

BATTLE OF THE PUNDITS: RAPPAPORT V. LITHWICK – NOLAN SAYS “If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.” – DAHLIA SAYS “Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.” – YOU DECIDE!

http://thehill.com/opinion/immigration/363473-with-travel-ban-scotus-can-correct-lower-courts-anti-trump-bias

Nolan writes in The Hill:

“According to Eric Posner, a professor at the University of Chicago Law School, the lower U.S. courts have created a “Trump exception” to settled law on presidential powers with their travel ban decisions. They have ignored the Supreme Court’s admonition that courts may not “look behind” a “facially legitimate” reason for an executive order, which in these cases was a national security interest in stricter vetting.

Trump appealed to the Supreme Court, but his case became moot when he replaced the temporary travel ban with a permanent program with the Presidential Proclamation he issued on September 24, 2017, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”

When fourth and ninth circuit courts enjoined implementation of his proclamation, he went back to the Supreme Court. On December 4, 2017, the Court ordered stays of the fourth circuit and the ninth circuit injunctions.

The Court did not state its basis for granting Trump’s stay request in either decision, but stays are not granted for meritless cases. I expect Trump to prevail on the merits of his case.

. . . .

He [Judge Derick Watson of the USDC in Hawaii] goes on to say that nevertheless “any reasonable, objective observer would conclude … that the stated secular purpose of the Executive Order is, at the very least, ‘secondary to a religious objective’ of temporarily suspending the entry of Muslims.” This “assessment rests on the specific historical record,” which “focuses on the president’s statements about a ‘Muslim ban,’” including on the campaign trail.

If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.”

Go on over to The Hill at the link to read Nolan’s complete article! I note that Nolan’s article is also posted on SCOTUSDaily. Here’s the link:

SCOTUSDaily pdf

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https://slate.com/news-and-politics/2017/12/the-new-travel-is-an-abomination-why-have-we-stopped-caring.html

Meanwhile, Dahlia Lithwick writes in Slate:

“Way, way back in February, a three-judge panel of the United States Court of Appeals for the 9th Circuit heard oral arguments in State of Washington v. Trump, the first iteration of the first appeal of the first attempt at Donald Trump’s travel ban. This version was a hastily executed implementation of the president’s promise to create a Muslim ban, signed on Jan. 27, just a week after Trump took office.

America was riveted, listening eagerly to arguments broadcast without images and parsing—or trying to parse—complicated appellate questions about standing, and justiciability, and religious animus. As the court ultimately found—before this first version was pulled from commission and replaced with a new one—Trump’s ban trampled over all sorts of due process rights.

Almost a year later, a different panel of the 9th Circuit heard on Wednesday a different oral argument, about a third iteration of a Trump executive order limiting immigration from some majority-Muslim countries. This one, though, was offered without the glare of national media and by seemingly worn-out advocates. More than anything, the argument was reminiscent of one of those old-timey dance marathons, in which weary partners pushed one another around a high school gymnasium in the futile hope that anything might still matter.

Wednesday’s effort made the second argument about the very same issuesfrom May seem positively zippy (May? Remember May??). But here we are in December, and the travel ban has been sanitized and then sanitized again. The current version, announced in September, targets 150 million travelers from Muslim-majority countries Chad, Iran, Libya, Somalia, Syria, and Yemen, as well as the non–Muslim majority outlier North Korea along with some Venezuelan government officials. It was promptly blocked by judges before it went into effect, and on Monday the Supreme Court allowed it to go forward for the time being, warning the appeals courts that they had better rule quickly.So here in December, it is now being defended by seemingly competent counsel, despite the fact that—if one noticed such things anymore—the president was tweeting Muslim revenge porn only a week ago.

. . . .

We should all possibly care about travel ban 3.0 and its cretinous defenders a whole lot more than we apparently do, simply because it’s permanent, it’s nearly as bad as the original, and the Supreme Court appears inclined to tolerate it. Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.

A fortiori, for the record, means an argument made with greater reason or more convincing force. Who knew that something so grotesquely cynical and cruel as this travel ban could become a fortiori, just from sheer wariness, repetition, and fatigue?”

Read the rest of Dahlia’s article over at Slate at the above link.

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Clearly, “different strokes for different folks!” But, we all have a stake in this one way or the other!

Interestingly, Nolan and Dahlia appear to agree on one thing: the Supremes (or at least a majority of them, excluding Justices Sotomayor and Ginsburg who dissented from the dissolution of the stay) have signaled that they are ready to “greenlight” Trump’s “Travel Ban 3.0.” In other words, if Trump is exceeding “political and societal norms” (which many of us think he is) ultimately it will be up to the political branches of Government and the voters, not the courts, to rein him in.

PWS

12-07-17

VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

https://www.washingtonpost.com/world/national-security/arrests-along-mexico-border-drop-sharply-under-trump-new-statistics-show/2017/12/05/743c6b54-d9c7-11e7-b859-fb0995360725_story.html

Nick Miroff reports in the Washington Post:

“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.

3:32
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.”

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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!

PWS

12-06-17

 

GONZO’S WORLD: HOMOPHOBIC AG ATTACKS LGBTQ COMMUNITY WITH BOGUS LEGAL MEMO STRIPPING TRANSGENDER INDIVIDUALS OF CIVIL RIGHTS PROTECTIONS!

https://www.buzzfeed.com/dominicholden/jeff-sessions-just-reversed-a-policy-that-protects

Dominic Holden reports for BuzzFeed News:

“US Attorney General Jeff Sessions has reversed a federal government policy that said transgender workers were protected from discrimination under a 1964 civil rights law, according to a memo on Wednesday sent to agency heads and US attorneys.

Sessions’ directive, obtained by BuzzFeed News, says, “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.”

It adds that the government will take this position in pending and future matters, which could have far-reaching implications across the federal government and may result in the Justice Department fighting against transgender workers in court.

“Although federal law, including Title VII, provides various protections to transgender individuals, Title VII does not prohibit discrimination based on gender identity per se,” Sessions writes. “This is a conclusion of law, not policy. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.”

But Sharon McGowan, a former lawyer in the Justice Department’s Civil Rights Division and now an attorney for the LGBT group Lambda Legal, countered that Sessions’ is ignoring a widespread trend in federal courts.

“It’s ironic for them to say this is law, and not policy,” McGowan told BuzzFeed News. “The memo is devoid of discussion of the way case law has been developing in this area for the last few years. It demonstrates that this memo is not actually a reflection of the law as it is — it’s a reflection of what the DOJ wishes the law were.”

“The sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasnt’ happened,” she added. “The Justice Department is actually getting back in the business of making anti-transgender law in court.”

“The Justice Department is actually getting back in the business of making anti-transgender law in court.”
The memo reflects the Justice Department’s aggression toward LGBT rights under President Trump and Sessions, who reversed an Obama-era policy that protects transgender students after a few weeks in office. Last month, Sessions filed a brief at the Supreme Court in favor of a Christian baker who refused a wedding cake to a gay couple. And last week, the department argued in court that Title VII doesn’t protect a gay worker from discrimination, showing that Sessions will take his view on Title VII into private employment disputes.

At issue in the latest policy is how broadly the government interprets Title VII of the Civil Rights Act of 1964, which does not address LGBT rights directly. Rather, it prohibits discrimination on the basis of sex.

But the Equal Employment Opportunity Commission, an independent agency that enforces civil rights law in the workplace, and a growing body of federal court decisions have found sex discrimination does include discrimination on the basis of gender identity and sex stereotyping — and that Title VII therefore bans anti-transgender discrimination as well.

Embracing that trend, former attorney general Eric Holder under President Obama announced the Justice Department would take that position as well, issuing a memo in 2014 that said, “I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status. The most straightforward reading of Title VII is that discrimination ‘because of … sex’ includes discrimination because an employee’s gender identification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex.”

But Sessions said in his latest policy that he “withdraws the December 15, 2014, memorandum,” and adds his narrower view that the law only covers discrimination between “men and women.”

“The Department of Justice will take that position in all pending and future matters (except where controlling lower-court precedent dictates otherwise, in which event the issue should be preserved for potential future review),” Sessions writes.

Sessions adds: “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals. Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections.”

Devin O’Malley, a spokesperson for the Justice Department, explained the decision to issue the memo, telling BuzzFeed News, “The Department of Justice cannot expand the law beyond what Congress has provided. Unfortunately, the last administration abandoned that fundamental principle, which necessitated today’s action. This Department remains committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws that Congress has enacted that prohibit discrimination on the basis of sexual orientation.”

McGowan, from Lambda Legal, counters, “The memo is so weak that analysis is so thin, that it will courts will recognize it for what it is — a raw political document and not sound legal analysis that should be given any weight by them.”

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Virulent homophobia has always been a key element of the “Gonzo Apocalypto Agenda.” Check out this report from Mark Joseph Stern at Slate about how when serving as Alabama’s Attorney General Gonzo attempted to use an Alabama statute that had been ruled unconstitutional by a Federal Judge to both publicly demean LGBTQ students and stomp on their First Amendment rights. (So much for the disingenuous BS speech that Gonzo delivered on Free Speech at Georgetown Law last week.)  Here’s what happened:

“Attorney General Jeff Sessions delivered a speech at Georgetown University Law Center in which he argued that “freedom of thought and speech on the American campus are under attack.” As my colleague Dahlia Lithwick explained, the attorney general said this in “a room full of prescreened students who asked him prescreened questions while political demonstrators outside were penned off in ‘free speech zones.’ ” Ensconced in a safe space of his own, Sessions blasted the notion that speech can be “hurtful,” criticizing administrators and students for their “crackdown” on “speech they may have disagreed with.”

Mark Joseph Stern
MARK JOSEPH STERN
Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Sessions’ hypocrisy on speech issues is not a new development. In 1996, the then–attorney general of Alabama used the full power of his office to try to shut down an LGBTQ conference at the University of Alabama. Sessions took his battle to court, asking a federal judge to let him block the conference altogether—or, at the very least, silence students who wished to discuss LGBTQ issues. He ultimately failed, but his campaign reveals a great deal about his highly selective view of free expression. Sessions claims to support freedom for “offensive” speech, but when speech offends him, he is all too happy to play the censor.

When Sessions served as Alabama attorney general, the state still criminalized sodomy. A 1992 law, Alabama Education Code Section 16-1-28, also barred public universities from funding, recognizing, or supporting any group “that fosters or promotes a lifestyle or actions prohibited by” the sodomy statute, either “directly or indirectly.” The law also forbade schools from allowing such organizations to use public facilities. Sessions’ predecessor, Jimmy Evans, had interpreted the statute to effectively outlaw the discussion or promotion of gay rights on public campuses, with that prohibition even extending to AIDS awareness campaigns.

In 1995, the University of South Alabama’s Gay Lesbian Bisexual Alliance sued in federal court to block Section 16-1-28. That summer, the U.S. Supreme Court had ruled that, under the First Amendment, public universities may not deny access to facilities or funding for student organizations on the basis of their viewpoints. This decision, the GLBA asserted, rendered Section 16-1-28 unconstitutional. U.S. District Judge Myron H. Thompson agreed, holding the law to be invalid in a January 1996 ruling.

This decision was excellent news for the Gay Lesbian Bisexual Alliance at the University of Alabama at Tuscaloosa. The GLBA had planned to host the Fifth Annual Lesbian, Gay, and Bisexual College Conference of the Southeastern United States in February 1996. Sessions, by now attorney general, was trying his hardest to shut it down.

“University officials say they’re going to try to obey the law,” Sessions said at the time, as CNN’s Andrew Kaczynski reported in December of last year. “I don’t see how it can be done without canceling this conference. I remain hopeful that if the administration does not act, the board of trustees will.” Sessions didn’t give up even after Judge Thompson struck down the law. “I intend to do everything I can to stop that conference,” he said.

In a last-ditch effort, Sessions returned to Thompson’s court and asked permission to ban the conference. “The State of Alabama,” he explained in court filings, “will experience irreparable harm by funding a conference and activities in violation of state law.” Failing a total ban, Sessions implored Thompson to let him censor any discussion of “safe sex and the prevention of sexually transmitted diseases.” Sessions claimed that, by talking about LGBTQ issues, conference attendees were essentially conspiring to promote criminal activity, and Alabama should not be obligated to support their criminality. Predictably, Thompson rejected Sessions’ arguments, writing that the attorney general was endeavoring to violate students’ free speech rights. Sessions then appealed to the 11th U.S. Circuit Court of Appeals, which unanimously ruled against Alabama. The conference went on as planned.

Cathy Lopez Wessell, a lead organizer and spokeswoman for the conference, told me Sessions’ intervention “was incredibly stressful. We got threatening phone calls. We were attacked from all sides.” She continued, “We were the abomination of the month. I didn’t feel safe in the world for a while. I started to internalize some of the judgment leveled at our group. I thought, there must be something deeply wrong with you if you need to be silenced.”

Lopez Wessell explained that Sessions’ campaign against the conference registered as a broader attack on LGBTQ students.

“If we can’t talk, do we have a right to exist?” Lopez Wessell asked. “If our speech is so dangerous that it needs to be stopped, then are we dangerous? We weren’t promoting any particular activity; we just wanted to talk—about our experiences, about our existence.”

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Denying the humanity as well as the human rights of those he is biased against is a staple of the Gonzo Apocalypto agenda. Just look at his constant attempts to tie all members of the Hispanic ethnic community to crime, drugs, and gangs (even though all credible studies show that immigrants or all types have markedly lower crime rates than native-born U.S. citizens) and his false and gratuitous attempts to tie “Dreamers” to crime, terrorism, and loss of jobs!

There is no more certain way of knowing that a DOJ “legal” memo is all policy and no law than the statement: “This is a conclusion of law, not policy.“ In other words, “Don’t you dare accuse me of doing what I’m actually doing!”

Since assuming the office of Attorney General for which he is so spectacularly unqualified, here’s a list of the folks whose rights or humanity Sessions has attacked or disparaged:

Hispanics

African Americans

LGBTQ Individuals

Dreamers

Immigrants

Refugees

Asylum Seekers

Poor People

Undocumented Migrants

Women

Muslims

Civil Rights Protesters

Black Athletes

City Officials Seeking To Foster Community Law Enforcement

Prisoners

Immigration Detainees

Forensic Scientists

State Governors Who Disagree With Him

Federal Judges Who Find Trump Policies Illegal

State & Federal Judges Who Object To Migrants Being Arrested At Their Courts

Convicts

Liberal Students & College Administrators

Anti-Facists

Anti-Hate-Group Activists

Reporters

Unaccompanied Migrant Children

President Obama

Whistleblowers (a/k/a “Leakers” in “Gonzopeak”)

DOJ Career Attorneys

I’m sure I’ve left a few out.  Feel free to send me additions. The list just keeps getting longer all the time.

The only group that appears to be “A-OK” with Gonzo is “White straight Christian male Republican ultra rightists.”

Liz was right!

PWS

10-05-17

 

 

 

 

 

“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

MARK JOSEPH STERN IN SLATE: Rule Of Scofflaws! — Trump, Sessions Have No Regard For Law Unless It Suits Their Disingenuous Purpose!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/the_trump_administration_s_lawless_attacks_on_sanctuary_cities.html

Stern writes:

“The Trump administration’s latest attempt to punish sanctuary cities hit a snag on Friday when a federal court ruled the Justice Department cannot withhold public safety grants from jurisdictions that refuse to assist federal immigration authorities. Attorney General Jeff Sessions had attempted to prevent cities and states from receiving these funds unless they cooperatedwith immigration officials’ crackdown on undocumented immigrants. The court held that Sessions in fact has no power to attach new restrictions to the grants, rendering most of his new rules unlawful.

Mark Joseph SternMARK JOSEPH STERN

Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Friday’s decision marked the second time a court has blocked Sessions’ attempts to penalize sanctuary cities by depriving them of federal grants. It also comes on the heels of a sweeping ruling that froze the most controversial provisions of Texas’ new anti–sanctuary cities bill. Earlier this month, the White House declared that Donald Trump is “restoring law and order to our immigration system.” But in their haste to adopt a restrictionist immigration regime, Trump, Sessions, and their fellow Republicans have shown a consistent disdain for federal statutes and constitutional protections.

Consider Sessions’ latest sanctuary cities imbroglio. In July, the attorney general created new criteria for Byrne Memorial Justice Assistance grants, which dispense hundreds of millions of dollars to state and local law enforcement. Under these rules, jurisdictions would not be eligible for Byrne grants unless they collaborate with Immigration and Customs Enforcement officials. Most pertinent here, law enforcement officials would have to give ICE agents access to local jails and, if the agency is interested in detaining an undocumented immigrant, notify ICE 48 hours before that person is set to be released. Chicago sued, alleging that the new rules were illegal.

Where does Sessions get the authority to impose these conditions on Byrne grants? Nowhere, as Judge Harry D. Leinenweber of the Northern District of Illinois pointed out in his ruling siding with Chicago. The Constitution grants Congress, not the executive branch, authority to impose conditions on federal funding. And Congress has never authorized the Justice Department, which is part of the executive branch, to force Byrne grantees to work with ICE. Sessions simply usurped Congress’ authority to make new rules.

When Chicago sued Sessions over the Byrne conditions in August, the attorney general put out a Trumpian statement asserting that the city “proudly violate[s] the rule of law” by protecting undocumented immigrants. But as Leinenweber explained on Friday, it was Sessions, not Chicago, who was acting lawlessly.

It’s surprising that Sessions would try to meddle with Byrne grants given that his first foray into sanctuary city–bashing failed so spectacularly. In Trump’s first days in office, the president issued an executive order directing the attorney general and Homeland Security secretary to withhold all federal grants and funding from sanctuary jurisdictions. Multiple cities quickly filed suit to defend their sanctuary policies. Sessions’ Justice Department, which apparently realized this order would violate multiple constitutional provisions, told a federal court that in reality, the order was nothing more than a narrow warning to sanctuary cities that the government would enforce current grant conditions.

In April, U.S. District Judge William Orrick blocked the order as an unconstitutional abomination. In his decision, Orrick essentially mocked the Justice Department, writing that he would not accept the DOJ’s “implausible” interpretation as it would transform Trump’s order into “an ominous, misleading, and ultimately toothless threat.” Instead, he analyzed the text of the order and found that it infringed upon constitutional separation of powers; coerced and commandeered local jurisdictions in violation of the 10thAmendment; and ran afoul of basic due process principles.

The White House promptly complained that Orrick “unilaterally rewrote immigration policy for our Nation” in an “egregious overreach.” Ironically, that is almost exactly what Trump had done through his executive order, illegally attaching new conditions to federal funds without congressional approval. Orrick had merely enforced the law; it was Trump who tried to change it unilaterally.

Neither of the Trump administration’s unlawful immigration power-grabs is as startling as SB 4, a Texas bill targeting sanctuary cities that Sessions’ Justice Department has defended in court. Confident in their measure’s legislative success, Texas Republicans turned SB 4 into a compendium of the most draconian possible attacks on sanctuary jurisdictions. The bill compelled local police to enforce immigration law, cooperate with ICE agents, and detain potentially undocumented immigrants; it also censored local officials who wished to speak out against the law. Law enforcement officers who ran afoul of SB 4 would face massive fines, jail time, and removal from office. Government employees who criticized the measure could also be fined and stripped of their positions.”

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Let’s get this straight: the “rule of law” to Sessions means laws aimed disproportionately at Latinos, Blacks, Muslims, undocumented migrants, non-white immigrants, LGBTQ individuals, ethnic communities, jurisdictions that voted for Democrats, legal marijuana users and businesses, innocent victims of civil forfeitures, and “leakers” (many would say “whistleblowers”) who are career civil servants. In other words law enforcement that in some disturbing ways parallels the “Jim Crow” laws in Alabama and other Southern States to which Sessions would apparently like to return (only with a greater emphasis on targeting Latinos, rather than Blacks, although he has little use for the latter now that the confirmation process is complete during which he “conned” a couple of Blacks into saying he wasn’t a racist.)

I remember from my youth hypocritical Southern racists like George Wallace asserting the false mantle of “the rule of law” and “states rights” for enforcing blatantly discriminatory racial laws while stomping on the actual legal and constitutional rights, and often lives, of Black citizens. Sessions has little or no intention of enforcing laws relating to civil rights protections, voting rights, protections for LGBTQ individuals, protections against local police abuses, due process for migrants in and outside of the U.S. Immigration Court process, environmental protection, constitutional conditions of detention, and ethics. Sessions is clearly a liar, if not a perjurer (which he might be) under legal definitions.

We should all be concerned that this totally unqualified and disingenuous individual has been put in charge of the U.S. justice system. I’ve commented earlier on the glaring unsuitability of individuals like Greg Abbott and Ken Paxton to be governing a state with a significant Hispanic population.

And, Stern’s article didn’t even raise Trump’s greatest and most audacious abuse of the rule of law: his totally unjustified and inappropriate abuse of the Presidential Pardon authority by pardoning the unrepentant, unapologetic “Racist Joe.” Think about what “Racist Joe” stands for, as described by a U.S. District Judge who found him guilty of contempt of court after trial for his continuing, knowing, and intentional abuses of the constitutional rights of Latino citizens and prisoners, among others. In what way does “Racist Joe” deserve a pardon? How would you feel if you were a Hispanic citizen or a detainee who had his or her constitutional rights intentionally violated and was victimized by this arrogant, bullying, racist? The innocent suffer while the guilty go unpunished. What kind of “rule of law” is that?

Then think of all the GOP “politicos” who “palled around” with “Racist Joe” and his toxic sidekick Kris Kobach and even sought their endorsements! That’s because it would help with the racist, White Supremacist “core vote” that has allowed the GOP to gain control of much of the U.S. governing structure notwithstanding the party’s extremist views and generally destructive agenda.

This is very reminiscent of how the “White Southern racist base” helped the Democrats maintain a stranglehold on government for the bulk of the mid-20th Century. Assume that the “Trump base” is 20% of the electorate and only 15% fit my foregoing description. That means without the racist White Supremacist vote, the GOP and Trump would have polled  around 31% of the popular vote, not enough to win even with the idiosyncrasies of our electoral system that favor the GOP minority!

PWS

09=19-17

SUPREMES SIDE WITH TRUMP — LEAVE REFUGEE BAN IN PLACE (FOR NOW)!

https://www.washingtonpost.com/politics/courts_law/supreme-court-agrees-with-trump-administration-says-some-refugees-can-be-barred-for-now/2017/09/12/f38d5884-97ee-11e7-82e4-f1076f6d6152_story.html?hpid=hp_rhp-top-table-main_travelban704pm%3Ahomepage%2Fstory&utm_term=.69d624f195a7 Continue reading SUPREMES SIDE WITH TRUMP — LEAVE REFUGEE BAN IN PLACE (FOR NOW)!

CONTINUING SAGA OF TRAVEL BAN 2.0: Justice Kennedy Issues Temporary Stay!

https://www.washingtonpost.com/world/national-security/justice-dept-again-asks-supreme-court-to-allow-broad-enforcement-of-travel-ban/2017/09/11/6c3853ae-970b-11e7-87fc-c3f7ee4035c9_story.html?hpid=hp_rhp-more-top-stories_travelban-255pm%3Ahomepage%2Fstory&utm_term=.23095c0b5b6e

Matt Zapotosky reports in the Washington Post:

“U.S. officials can at least temporarily continue to block refugees with formal assurances from resettlement agencies from entering the United States after the Supreme Court intervened again Monday to save a piece of President Trump’s travel ban.

Responding to an emergency request from the Justice Department, Justice Anthony M. Kennedy stopped an earlier federal appeals court ruling that had allowed refugees with a formal assurance to enter the country.

Kennedy, who handles cases on an emergency basis from the U.S. Court of Appeals for the 9th Circuit, ordered those suing over the ban to respond by noon Tuesday, and he indicated that the appeals court ruling in their favor would be stayed “pending receipt” of their response.

The Supreme Court’s decision came not long after the Justice Department asked the justices to act. That filing, by Acting Solicitor General Jeffrey B. Wall, demonstrated the lengths to which the government is willing to go to impose its desired version of the ban, even before the high court takes up in earnest next month whether the measure is lawful at its core. At issue is whether the president can block a group of about 24,000 refugees with assurances from entering the United States after the Supreme Court decided in June to permit a limited version of his travel ban to take effect.”

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Read the full at the link.

The beat goes on!

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

 

 

 

 

 

“JRUBE” IN WASHPOST: DEPT OF IN–JUSTICE: Under “Gonzo Apocalypto” White Nationalist, Xenophobic, Homophobic Political Agenda Replaces “Rule Of Law” — Latest DOJ Litigation Positions Fail “Straight Face” Test: “making up rules willy-nilly so as to show its rabid xenophobic base it is adhering to its promise of racial and ethnic exclusion!” — Read My “Mini-Essay” On How Advocates and U.S. Courts Could Restore Justice & Due Process To Our Broken U.S. Immigration Courts!

https://www.washingtonpost.com/blogs/right-turn/wp/2017/09/08/trump-is-getting-rotten-legal-advice-and-once-again-it-shows/?utm_term=.e34528c36b2c

Jennifer Rubin writes in “Right Turn” in the Washington Post:

“The 9th Circuit gave the back of the hand to the argument that the Trump administration could borrow a definition from another section of the immigration statute to exclude grandmothers. The Supreme Court had used mothers-in-law as an example of a close familial relationship it wanted to protect. The 9th Circuit judges wrote: “Plaintiffs correctly point out that the familial relationships the Government seeks to bar from entry are within the same ‘degree of kinship’ as a mother-in-law.” It’s hard to make a case that grandmothers would not qualify. It does not appear that the government even made a good-faith effort to apply the Supreme Court’s direction.

On one level, it’s shocking that a Republican administration that is supposed to be a defender of “family values” would take such a miserly position. But, of course, family values are of little consequence to an administration that is more than willing to repeal the Deferred Action for Childhood Arrivals program, auguring for the breakup of intimate family relations (e.g., one sibling gets deported but American-born siblings remain).

The 9th Circuit also looked at the administration’s argument that a refugee with a formal assurance of settlement lacks a bona fide relationship with some entity or individual in the United States. The court set out the laborious screening process refugees undertake (making a mockery of the notion these people are a security threat) and noted that after all those steps are completed the refugee gets a sponsorship assurance “from one of nine private non-profit organizations, known as resettlement agencies.” The 9th Circuit held: “The Government contends that a formal assurance does not create a bona fide relationship between a resettlement agency and a refugee, and stresses that ‘[t]he assurance is not an agreement between the resettlement agency and the refugee; rather, it is an agreement between the agency and the federal government.’ But the Supreme Court’s stay decision specifies that a qualifying relationship is one that is ‘formal, documented, and formed in the ordinary course, rather than for the purpose of evading [the Executive Order].”’”

Again, one cannot help but come away with the impression that the government is throwing up every half-baked idea it can find to limit the number of people entering the country, regardless of the national security risk or the hardship its action inflicts. The Trump administration is plainly reasoning backward — deny as many people as possible admittance and then think up a reason to justify its position.

In its fixation with keeping as many immigrants out of the United States as possible, the Trump administration cannot claim to merely be following the dictates of the law. (Gosh it’s out of our hands — “Dreamers” and grandmas have to go!) It is making up rules willy-nilly so as to show its rabid xenophobic base it is adhering to its promise of racial and ethnic exclusion. It’s hard to believe seasoned career Justice Department lawyers agree with these arguments. In its oversight hearings Congress should start grilling Attorney General Jeff Sessions as to how he comes up with his cockamamie legal arguments and whether political appointees are running roughshod over career DOJ lawyers.

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Read Rubin’s full article at the link.

Mini-Essay:

TIME FOR ACTION ON THE BROKEN U.S. IMMIGRATION COURTS — IF CONGRESS WON’T ACT, THE FEDERAL COURTS MUST

By

Paul Wickham Schmidt

United States Immigration Judge (Retired)

If nothing else, the Trump Administration has given me a new appreciation for the Post’s “JRube.” She certainly has “dialed up” Gonzo’s number and exposed what’s behind his pompous, disingenuous misuse of the term “rule of law.”

No chance that a GOP Senate with Chuck Grassley as Judiciary Chair is going to hold Gonzo accountable for his daily perversions of “justice.” But, at some point, Federal Courts could begin sanctioning DOJ lawyers for willful misrepresentations (the Hawaii arguments before the 9th contained several) and frivolous positions in litigation. It’s possible that some DOJ lawyers all the way up to Gonzo himself could be referred by Federal Judges to state bar authorities for a look at whether their multiple violations of ethical standards should result suspension of their law licenses.

Another thought kicking around inside my head is that Gonzo’s actions and his public statements are starting to make a plausible case for a due process challenge to the continued operation of the U.S. Immigration Courts.

As with school desegregation, prison reform, and voting rights, a Federal Court could find systematic bias and failure to protect due process. That could result in something like 1) a requirement that the DOJ submit a “due process restoration” plan to the court for approval, or 2) the court appointment of an independent “judicial monitor” to run the courts in a fair and unbiased manner consistent with due process, or 3) the Federal Courts could take over supervision of the US Immigration Courts pending the creation of an Article I (or Article III) replacement.

High on the list of constitutionally-required reforms would be ending the location of courts within DHS detention facilities. All courts should be located in areas where adequate pro bono counsel is reasonably available and accessible. Immigration Courts should be located outside of DHS facilities in buildings accessible to the public with reasonable security requirements. Immigration Judges must be required to continue cases until pro bono counsel can be retained. Alternatively, the Government could provide for appointed counsel. 

Another obvious due process reform would be to strip the Attorney General of his (conflict of interest) authority to establish or review precedents and operating procedures for the U.S.  Immigration Courts. Along with that, the DHS should be given an equal right to appeal adverse BIA appellate decisions to the Courts of Appeals (rather than seeking relief from the AG — clearly an interested party in relation to immigration enforcement).

There also should be an immediate end to the appointment and supervision of U.S. Immigration Judges by the politically-biased AG. U.S. Immigration Judges and BIA Appellate Immigration Judges should be appointed on a strict merit basis by either an independent judicial monitor or by the U.S. Courts of Appeals until Congress enacts statutory reforms.

The current U.S. Immigration Court system mocks justice in the same way that Jeff “Gonzo Apocalypto” Sessions mocks it almost every day. There might be no practical way to legally remove Gonzo at present, but the Federal Courts could step in to force the U.S. Immigration Courts to undertake due process reforms. The current situation is unacceptable from a constitutional due process standpoint. Something has to change for the better!

PWS

09-09-17\