BREAKING: SUPREMES GRANT CERT., ALLOW TRUMP’S TRAVEL BAN TO GO INTO EFFECT — WITH IMPORTANT EXCEPTIONS — CASE DOCKETED FOR OCT. — MIGHT BE “MOOT” BY THEN!

Here’s the Court’s complete “per curiam” (unsigned) opinion with separate concurring and dissenting opinion by Justices Thomas, Gorsuch, & Alito:

SCTravelBan16-1436_l6hc

The Supreme Court handed the Trump Administration at least a partial victory on the controversial “Travel Ban 2.0” which had been enjoined by the Ninth and Fourth U.S. Circuit Courts of Appeals. The Court: 1) granted the petitions for certiorari filed by the Solicitor General in behalf of the Trump Administration and scheduled the case for Oral Argument at the beginning of the October 2017 Term; and 2) granted in part the Solicitor General’s request to stay the lower courts’ injunctions pending review.

However, in partially lifting the injunctions, the Court left in effect a significant  part of those injunctions: the Travel Ban may not be applied to a) “foreign nationals who have a [pre-existing] credible claim of a bona fide relationship with a person or entity in the United States,” and b) “an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States.”

The dissent would have stayed all parts of the lower courts’ injunctions. Justice Thomas, joined by Justices Alito and Gorsuch, criticized the majority for having cerated a non-statutory category of individuals who can “credibly claim a bona fide relationship with a person or entity in the United States.” He fears that the meaning of these exceptions will itself become a fertile ground of additional litigation before the Court can resolve the merits of these cases.

Additionally, the Court noted that since the bar on internal review of procedures relating to visa issuance was lifted on June 14, 2017, and the Government has represented that the review will be completed within 90 days, the case with respect to visa issuance to non-refugees might well be moot before the Court can get to the merits. The court instructs the parties to brief that issue.

“Quickie Analysis”

The Trump Administration can legitimately view this as a much-needed (from their standpoint) victory. All nine Justices appear to be prepared to rule that the Executive has virtually unbridled authority to bar the admission, at least temporarily, of foreign nationals with no connections to the United States.

It also appears that Justices Thomas, Gorsuch, and Alito would find that the Executive’s essentially unreviewable authority extends even to individuals who have a connection with the United States.

However, those challenging the Travel Ban have some reason to hope because at least six Justices seem to remain open to the possibility of engaging in some type of meaningful judicial review of Executive decisions regarding foreign nationals abroad who have established some connections to the U.S.

There may also be mootness issues with respect to some or all of the injunction with respect to refugee admissions. The new fiscal year for refugee admissions begins on October 1, 2017, before the Court will have heard argument in these cases. Before the beginning of the fiscal year, the Trump Administration must under the Refugee Act of 1980  “consult” with Congress on the number and allocation of refugee admissions for fiscal year 2018.  “Statutory consultation” was one of the things that the Trump Administration neglected to do before purporting to suspend refugee admissions and dramatically slash the number of fiscal year 2017 refugee admissions established by the Obama Administration after undertaking the required statutory consultation.

The lack of any reasonable rationale by the Trump Administration for reversing the  prior statutory determination made by the the Obama Administration after consultation with Congress was cited by the Ninth Circuit in upholding the original injunction. But, that issue should also be moot before the Court decides theses cases on the merits.

PWS

06-26-17

 

NOLAN HITS 100! — “Ninth Circuit gives green light for much larger travel ban” in THE HILL is Rappaport’s 100th Published Article! — Read It Here!

http://thehill.com/blogs/pundits-blog/immigration/339300-ninth-circuit-gives-green-light-for-much-larger-travel-ban?amp

Nolan writes:

“The Ninth Circuit Court of Appeals has issued a new decision on President Donald Trump’s March 6 Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”

The court affirmed the portions of the district court injunction that apply to the 90-day, six-country travel ban, but it vacated the portions of the injunction that relate to the government doing an internal review of its vetting procedures, which could lead to a much larger ban based on a different criterion.

. . . .

Where this is headed

Unlike the travel ban, which, notwithstanding pessimistic claims to the contrary, is just a 90-day suspension, the new ban will apply to uncooperative governments until they agree to cooperate, which in some cases will never happen. What’s more, it almost certainly will apply to more than six countries. According to DHS Secretary John Kelley, in addition to the six countries on the travel ban list, 13 or 14 other countries also have very questionable vetting procedures.”

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Read Nolan’s complete article in The Hill at the link.

Congratulations, Nolan, on reaching then”century mark!” You are prolific. Just from putting together this blog, I can appreciate all of the hours of reaearch, writing, and interviews that 100 published articles represents. And, unlike you, I don’t even have to deal with an editor (although my wife Cathy points out that I could use one).

Here’s a link to a list of all 100 of Nolan’s published articles:

Article List

Congrats, again, Nolan! Looking forward to the “next 100.”

PWS

06-26-17

 

Immigrants Bridge The Gap With Local Communities — “The Haters Are Always Wrong, And The Haters Will Eventually Lose.”

https://www.washingtonpost.com/opinions/working-to-build-bridges-between-immigrants-and-their-new-communities/2017/06/23/03c1bb1a-4d2a-11e7-a186-60c031eab644_story.html?utm_term=.2bcde1762b2f

Steven V. Roberts writes in a WashPost op-ed:

“These are all good examples that will, hopefully, ease the “cultural anxiety” Noorani writes about. But he shies away from discussing a key dimension of Trump’s appeal: racism. “A significant portion of the American electorate felt their country had been taken away,” he writes, but he doesn’t complete the thought. Taken away by whom? Let’s be honest. Many of those voters believe that their country has been overrun by dark-skinned, foreign-language-speaking aliens.

While it is wildly unfair to call all Trump supporters racists, it is equally inaccurate to ignore that the president deliberately inflamed racist impulses to win the election.

 

Moreover, Noorani lacks a larger perspective. Trump is a very American figure. Anti-immigrant fears didn’t start with globalization and weren’t “triggered” by the election of Barack Obama. Throughout our history, spasms of nativist hostility have erupted against each new group arriving on our shores: Germans and Jews, Irish and Italians, Japanese and Chinese.

Hispanics and Muslims are now the objects of this animosity, and the language directed against them is the same that’s been used to demonize newcomers for more than two centuries: This group will degrade our culture and alter our identity. But today’s targets can take comfort from the clear lessons of history.

Immigrants do change our culture — for the better. They reenergize and revitalize our civic spirit. The haters are always wrong, and the haters will eventually lose. Tiwana and Noorani himself prove that truth.

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

Read the entire op-ed at the link.

Trump and his supporters might be on the right side of the political equation at this point in time, but they are squarely on the wrong side of history. Before joining up with the Trump Team, folks ought to think about being remembered by their grandchildren and great grandchildren in the same way that we think about such notorious racists as Alabama Governor George Wallace, Georgia Governor Lester “Pickax” Maddox, and Arkansas Governor Orvil Faubis, or those who engineered and championed such abominations as the Chinese Exclusion Act.

Even iconic American historical figures like President Woodrow Wilson and Gen. Robert E. Lee have recently had their racism and support for racist causes eventually catch up with them and tarnish their reputations. In the long run, the cause of intolerance, fear, and bias promoted by Trump, Pence, and today’s GOP will look pretty bad. Yeah, we’ll all be gone by then. But, our descendants and history will remember where we stood.

PWS

06-25-17

LOONY LAW: Absurdly Overbroad “Terrorist” Definition Punishes Our Friends And Comforts REAL Terrorists — Led By GOP, Legislators Shirk Duty To Restore Reason To Law!

https://www.nytimes.com/2017/06/23/world/middleeast/immigration-asylum-syria-terrorism.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news&_r=0

Somini Sengupta reports in the NY Times:

“A prominent Syrian dissident has been told he cannot get political asylum in the United States because he organized a conference with Syrian opposition groups — even though the American government has supported members of those same groups in the Syrian civil war.

The case of the dissident, Radwan Ziadeh, 41, who lives in a suburb of Washington, reveals a stark gap between American immigration law and foreign policy.

Ever since counterterrorism provisions were expanded after the Sept. 11 attacks, the United States government has considered many armed opposition groups around the world, including some that it backs diplomatically or financially, to be “undesignated terrorist organizations.” Anyone who provides “material support” to those groups can be disqualified from receiving immigration papers.

Mr. Ziadeh is a prominent political opponent of the Syrian president, Bashar al-Assad. He has received fellowships at Harvard, Georgetown and the United States Institute of Peace, which is funded by Congress. He has testified in Congress, written books and served briefly as a spokesman for the Syrian opposition umbrella group that the American government supported.

But early this month, Mr. Ziadeh was informed that he would be denied political asylum in the United States. In a 12-page letter laying out the government’s “intent to deny” his asylum claim, Citizenship and Immigration Services explained that he had provided “material support” to Syrian groups that the government considered undesignated terrorist organizations.

Mr. Ziadeh said he was shocked. He and his wife have lived in the United States for 10 years on a series of temporary permits, the latest of which expires next spring. Their children were born here.

“Right now, I can’t even plan for the future,” he said. “What will happen? I have three American kids. I love, actually, the U.S. I visited all 50 states, even U.S. territories. I visited all the presidential libraries.”

Going back to Syria is not an option. The government there has a warrant out for his arrest; the Islamic State has him on a list of Syrians it wants dead.

At issue, specifically, is that Mr. Ziadeh organized a series of conferences from November 2012 to May 2013 to discuss a democratic transition in Syria.

Among those invited to the workshops, held in Istanbul, were self-described commanders in a loose confederation of rebel groups called the Free Syrian Army, as well as political leaders affiliated with the Syrian Muslim Brotherhood.

Both groups are well known to the American government. For years, the Central Intelligence Agency and its counterparts in Turkey, Jordan, Saudi Arabia and other countries have provided some Free Syrian Army factions with salaries, arms and other supplies. The State Department has also provided aid.

The Syrian Muslim Brotherhood’s members also had central roles in the Syrian National Council, the political umbrella group that the United States supported.

Robert S. Ford, a former American ambassador to Syria, said in an email that the American government did not consider either of the groups that Mr. Ziadeh invited to the workshops to be a terrorist organization.

The Syrian Muslim Brotherhood, Mr. Ford added, has no “administrative connection” to Muslim Brotherhood factions in other countries. (President Trump’s advisers have debated but not decided whether to designate the Muslim Brotherhood as a terrorist group.)

Moreover, Mr. Ford said, both Hillary Clinton and John Kerry, as secretaries of state, met with opposition delegations that included Brotherhood members.

“The U.S. administration, myself included, regularly spoke with members of the Syrian Muslim Brotherhood who were themselves members of Syrian opposition coalitions and delegations,” he wrote.

In its letter to Mr. Ziadeh, Citizenship and Immigration Services said he had provided “material support” to members of the groups when his organization, the Syrian Center for Political and Strategic Studies, paid for their airfare and hotel bills in Istanbul, using money from the Canadian government.

“As both the FSA and the Syrian Muslim Brotherhood used weapons with the intent to endanger the safety of Syrian government officials, both groups have engaged in terrorist activity such that they met the definition of an undesignated terrorist organization (Tier III) at the time you provided material support,” the letter states.

“You have therefore ‘engaged in terrorist activity,’” it went on to say.

Mr. Ziadeh is appealing the government’s decision.

His lawyer, Steven H. Schulman, said that inviting members of opposition groups to a conference to discuss the political future of Syria should not be seen as promoting the groups’ agendas or providing them with material support.

“I find it offensive, because no reasonable person would sit down and say Radwan Ziadeh is a terrorist,” Mr. Schulman said. “There are real terrorists out there. We all know that. Somehow, we are unable to distinguish between people who actually engage in terrorist activity and who do not engage in terrorist activity.”

The label “undesignated terrorist organization” has been in place since the aftermath of the Sept. 11 terrorist attacks. Many organizations that have engaged in violence, whether or not the United States supported them, have fallen under that term, said Anwen Hughes, a lawyer who specializes in asylum cases at Human Rights First, an advocacy group.

Providing “material support” to those groups can mean anything from fighting alongside them to paying them ransom. In 2008, an Iraqi man who worked as an interpreter for American forces in Iraq was denied a green card because he had belonged to a Kurdish group seeking to oust Saddam Hussein.

Ms. Hughes said one of her former clients had been denied asylum because he paid a ransom to an armed group in order to release a kidnapped family member. “It’s a fairly widespread problem that’s not limited to Syrians,” she said.”

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

Read the complete story at the link.

Unfortunately, U.S. Immigration Judges’ hands are tied on this provision. Not only must they apply it, but they have been denied authority to issue the limited waivers available. Instead, that authority has been given to lower level adjudicators at the USCIS with no right to appeal a denial. In fact, there isn’t even a process to actually apply for the waiver. Only ICE can “refer” a case from Immigration Court to USCIS for consideration of the waiver.

Article III Courts have had various opportunities to shut down this “arbitrary, capricious, and absurdly overbroad” abuse of Legislative and Executive authority. But, perhaps because they lack the backbone to stand up for individuals caught up in the aura of a “national security” problem, they have looked the other way.

To make things worse, the Trump Administration appears to be moving in the direction of revoking all or some of the currently existing waiver authority. No wonder our foreign policies in Syria and many other countries in the Middle East and elsewhere are so ineffective and in such disarray. Who would offer to help to a feckless country that treats its friends and allies like enemies?

PWS

06-23-17

TRUMP THRILLS IOWA BACKERS BY PROMISING TO ENACT “NEW LEGISLATION” TARGETING LEGAL IMMIGRANTS THAT HAS BEEN IN THE LAW FOR MORE THAN TWO DECADES!

http://www.huffingtonpost.com/entry/donald-trump-welfare-law_us_594b5630e4b0a3a837bcef3d

Ed Mazza reports in HuffPost:

“President Donald Trump wants Congress to pass a law denying welfare benefits to immigrants for five years.

“I believe the time has come for new immigration rules which say that those seeking admission into our country must be able to support themselves financially and should not use welfare for a period of at least five years,” Trump said on Wednesday night at a rally in Cedar Rapids, Iowa.

The crowd cheered wildly at this latest example of Trump’s tough-on-immigrants rhetoric, and the president soaked in the applause.

However, such a law already exists.

As The Hill noted, the Personal Responsibility and Work Opportunity Reconciliation Act, which was signed into law by President Bill Clinton in 1996, prohibits immigrants from receiving federal benefits.

One section of the law is even titled “Restricting Welfare and Public Benefits For Aliens,” and specifically sets a five-year threshold for “federal means-tested public benefit.” The section carves out some exceptions for refugees and those granted asylum as well as veterans and active-duty military, their spouses and dependents.

Although it’s not clear how Trump’s proposed law would be different, he still vowed to enact his legislation “very shortly.”

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

What can you say? I suppose you could say that you were going to “crack down on foreigners by counting to ten backwards” and Trump backers would go wild with glee. Life in the parallel universe.

But, behind all Trump’s ignorance and silliness, there is a dark motive. By making such irresponsible statements, Trump gives his backers the false impression that legal immigrants are “all on welfare” and aren’t “paying their way.” And many Trump backers will now take it as gospel that legal immigrants come into the United States and go on welfare right away, repeating it to anyone who will listen. A lie repeated often enough gains traction as having a basis in truth. So, it’s just another way of encouraging xenophobia and drumming up unjustified resentment of legal immigrants.

PWS

06-22-17

 

IMMIGRATION HISTORY: Here’s The Chase-Burman Mini-Library Of Immigration History, Courtesy Of “The Green Card!”

75 Years of the BIA

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Spring-2016-updated.aspx

“Matter of L-, 1 I&N Dec. 1 (BIA 1940), was issued on August 29, 1940, the day before the Board of Immigration Appeals came into existence.2 Some background about the Board’s early history is required to explain this. From 1922 until 1940, a five-member Board of Review existed within the Department of Labor to review all immigration cases. The Board of Review had no decision- making authority of its own; it could only recommend action to the Secretary of Labor. In 1933, the Immigration and Naturalization Service (INS) was formed within the Department of Labor,3 and from 1933 until 1939 the Board of Review made its recommendations to the Commissioner of Immigration and Naturalization.4″

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

Commentary on “Pattern or Practice” Persecution

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Fall-2016-.aspx

In INS v. Cardoza-Fonseca, its landmark 1987 decision establishing that the burden of proving a “well-founded fear of persecution” is significantly less than fifty percent, the Supreme Court relied on the following scholarly example: “Let us…presume that it is known that in applicant’s country of origin every tenth adult male person is either put to death or sent to some remote labor camp… In such a case it would be only too apparent that anyone who managed to escape from the country would have ‘well-founded fear of being persecuted’ on his eventual return.”2 While the Court’s decision predates the “pattern or practice” regulation by more than three years, the example it relies on (which predates the regulation by 24 years) presents a classic “pattern or practice” scenario. The hypotheti- cal establishes (1) a group, i.e., all adult males in a particular country; and (2) information establishing systemic persecution of one in ten members of such group. all members of the group therefore have a well-founded without the need to explain their individual circumstances.”

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

The History of Racism in U.S. Immigration


http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/the-green-card-winter-2017.aspx

“Racism was codified in this country’s original natu- ralization law. The Naturalization Act of 1790 limited the right to naturalize to “free white persons.” Following the Civil War, the Act of July 14, 1870, added “aliens of African nativity” and “aliens of African descent” to those eligible to naturalize. However, all others considered “non-white” continued to be barred from obtaining United States citizenship. In 1922, the Supreme Court denied Takao Ozawa, a Japanese immigrant who had lived in the U.S. for 20 years, the right to become a naturalized citizen because he “clearly” was “not Caucasian.” In interpreting the term “free white persons,” the Court found that “the framers did not have in mind the brown or yellow races of Asia.”1 In United States v. Bhagat Singh Thind,2 the Supreme Court reached the same conclusion regarding an “upper-caste Hindu” who claimed a lineage classi ed as “Aryan” or “Caucasian.” The Court determined that “Aryan” related to “linguistic, and not at all with physical, characteristics,” and concluded that the term “free white persons” as understood by the common man, would not include those of Hindu ancestry.3 It was not until passage of the McCarran-Walter Act in 1952 that the naturalization law was amended to read that “[t]he right of a person to become a naturalized citizen shall not be denied or abridged because of race or sex…”4

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

Read all three of Judge Chase’s outstanding histories and get some “instant perspective” on how we got to where we are today as a nation of immigrants. There was no shortage of hypocracy. And, I submit that in the course of history some of today’s politicians advocating restrictive racially and religiously charged immigration policies are going to look just as distasteful, arrogant, prejudiced, and ignorant as some of the judges, lawmakers, and government officials described in these articles.

PWS

06-19-17

UPDATE

Judge Chase has reminded me that there is a fourth part to this collection:

The History of U.S. Asylum Law

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Summer-2016.aspx

“U.S. asylum policy is a product of the tension between the public sentiments of compassion and fear. In the words of a former Deputy UN High Commissioner: “The public will not allow governments to be generous if it believes they have lost control.” 1 Although asylum can be traced back at least to the Old Testament, for all practical purposes, U.S. asylum policy began on the eve of World War II.”

PWS

06-21-17

THE HILL: Professor Andy Schoenholtz Of Georgetown Law On Why Americans Should Be Grateful To The 9th Circuit For Upholding The Rule Of Law Against Executive Overreach!

 

http://thehill.com/blogs/pundits-blog/civil-rights/337955-9th-circuit-on-travel-ban-president-must-respect-congress

Professor Schoenholtz concludes:

“In fact, had the president focused on asking America’s civil servants to build on the progress achieved since 9/11 and try to find new ways of identifying security threats among those who seek visas, that work would have been accomplished by now, according to the schedule set by both the first and second EO’s.

If the Supreme Court decides at some point to hear a case regarding the EO, they will now be asked to consider not only whether the President has violated the Establishment Clause but also whether he has exceeded his statutory authority. As determined by the Supreme Court in the late nineteenth century, Congress has the constitutional authority to establish the immigration laws.

It has done just that by statute. The president has broad authority to implement that statutory system, but does the president have the power to stop admitting immigrants from six countries? From sixty? From all countries? Where does this end, and where would that leave Congress and the equilibrium established by the Constitution? We should thank the Ninth Circuit for raising that issue clearly and thoughtfully.

Andrew I. Schoenholtz is a Professor from Practice at Georgetown Law and the author, with Professors Jaya Ramji-Nogales and Philip G. Schrag, of “Lives in the Balance: Asylum Adjudication by the Department of Homeland Security.”

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

Read Andy’s entire analysis at the link.

I’m still somewhat skeptical that the Supremes will take this case given the problems caused by the President’s out of court statements and tweets. Future Chief Executives likely will be more “Presidential” and act with more prudence and thoughtfulness. So, why take a case that hopefully will turn out to be more or less “sui generus?” If I were the Supremes, I would let the lower courts sort through this mess and make a complete record before approaching the legal questions. But, we’ll see.  Very soon!

PWS

06-19-17

Welcome To Jeff Sessions’s America — In 1957 Sessions Was 10 Years Old And His White Christian Fellow Alabamans Were Busy Perverting The “Rule Of Law” To Deny Their African American Fellow Citizens Constitutional Rights, Fundamental Justice, & Human Dignity!

https://www.washingtonpost.com/opinions/a-white-cop-dies-and-a-young-black-man-spends-years-in-jail-for-a-crime-he-didnt-do/2017/06/16/d771059e-4706-11e7-a196-a1bb629f64cb_story.html?hpid=hp_regional-hp-cards_rhp-card-arts%3Ahomepage%2Fcard&utm_term=.a94b2ba61075

Colbert I. king writes in the Washington Post:

“How is it possible in a country that prides itself on having a Bill of Rights, expresses reverence for due process and touts equal protection that a 17-year-old can be arrested, put on trial and sentenced to death, and then spend 13 years being shuttled among death row cellblocks in disgusting jails and prisons with his case under appeal, all for a crime he didn’t commit?

The answer contains some simple prerequisites: He had to be black, live in the Jim Crow South and be accused of committing, as one deputy sheriff put it, a “supreme offense, on the same level of a white woman being raped by a black man” — that is, the murder of a white police officer.

Teenager Caliph Washington, a native of Bessemer, Ala., was on the receiving end of all three conditions. And as such, Washington became a sure-fire candidate to suffer the kind of tyrannical law enforcement and rotten jurisprudence that Southern justice reserved for blacks of any age.

In “He Calls Me by Lightning,” S. Jonathan Bass, a professor at Alabama’s Samford University and a son of Bessemer parents, resurrects the life of Washington, who died in 2001 finally out of prison — but with charges still hanging over his head.

 

Bass, however, does more than tell Washington’s tale, as Washington’s widow, Christine, had asked him to do in a phone call. Bass dives deeply into the Bessemer society of 1957 where Washington was accused of shooting white police officer James “Cowboy” Clark on an empty dead-end street near a row of run-down houses on unpaved Exeter Alley.

Bessemer-style justice cannot be known, let alone understood, however, without learning about that neo-hardscrabble town 13 miles southwest of Birmingham.

Bessemer served as home to a sizable black majority, an entrenched white power structure and an all-white police department, consisting at the time of a “ragtag crew of poorly paid, ill-trained, and hot-tempered individuals” who earned less than Bessemer’s street and sanitation workers.

Bessemer was a town with its own quaint racial customs, such as forcing black men to “walk in the middle of the downtown streets, not on the sidewalks, after dark — presumably to keep them from any close contact with white women.”

 

Bessemer was a town where in 1944 the police forced black prisoners to participate in an Independence Day watermelon run. White citizens reportedly cheered as firefighters blasted the inmates with high-pressure hoses to make the race more challenging. Winners, it is said, received reduced sentences and the watermelons.

It was in that town that Caliph Washington was born in 1939, the same year of my birth in Washington, D.C.

Bessemer’s racial climate was no different the year Washington was accused of killing Cowboy Clark. The town’s prevailing attitude on race was captured at the time in a pamphlet distributed by a segregationist group, the Bessemer Citizens’ Council. Black Christians, the white citizens’ council said, should remain content with being “our brothers in Christ without also wanting to become our brothers-in-law.”

If ever there was a place to not get caught “driving while black” — which is what Washington was doing on that fateful night in July 1957 — it was Bessemer. And that night’s hazard appeared in the form of Clark and his partner, Thurman Avery, who were cruising the streets in their patrol car looking for whiskey bootleggers.”

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

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

So, when you hear Sessions and his White Nationalist buddies like Bannon, Miller, Kobach, and Pence extolling the virtues of a small Federal Government (except for the migrant-bashing mechanisms) state control of voting, civil rights, police conduct, gender fairness, environmental regulations, labor relations, filling the prisons with maximum sentences, a new war on drugs, etc., it’s just clever code for “let’s make sure that white-dominated state and local governments can keep blacks, hispanics, immigrants, Muslims, and other minorities from achieving power, equality, and a fair share of the pie.” After all, if you believe, as these guys do, that true democracy can be a bad thing if it means diversity and power sharing, then you’re going to abuse the legal and political systems any way you can to maintain your hold on power.

And, of course, right-wing pontificating about the “rule of law” means  nothing other than selective application of some laws to the disadvantage of minorities, immigrants, and often women. You can see how selective Sessions’s commitment to the rule of law is when he withdraws DOJ participation in voting rights cases in the face of strong evidence of racial gerrymandering, withdraws support from protections for LGBT individuals, supports imprisonment in substandard prisons, targets legal marijuana, and “green lights” troubled police departments to prioritize aggressive law enforcement over the protection of minority citizens’ rights. Ethics laws, in particular, seems to be far removed from the Sessions/Trump concept of “Rule of Law.” And, sadly, this is only the beginning of the Trump Administration’s assault on our Constitution, our fundamental values, and the “real” “Rule of Law.”

PWS

06-18-17

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

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

Bret Stephens writes:

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

They need to return whence they came.

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

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

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

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

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

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

Photo

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

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

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

. . . .

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

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

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

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

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

PWS

06–18-17

WashPost: GANGS — A Complicated Problem With No Easy Solution — Budget Cuts Undermine Some Local Programs!

https://www.washingtonpost.com/local/public-safety/ms-13-gains-recruits-and-power-in-us-as-teens-surge-across-border/2017/06/16/aacea62a-3989-11e7-a058-ddbb23c75d82_story.html?hpid=hp_rhp-top-table-main_ms-13-1240pmm%3Ahomepage%2Fstory&utm_term=.5745c22fb3d0

Michael E. Miller, Dan Morse, and Justin Jouvenal report:

“The increasing MS-13 violence has become a flash point in a national debate over immigration. President Trump and Attorney General Jeff Sessions have vowed to eradicate the gang, while immigrant advocates say the young people are being scapegoated to further an anti-immigrant agenda.

Danny’s case illustrates just how difficult the balance between compassion and safety can be. Was he a child who needed help? Or a gang member who shouldn’t have been here?

“Do you close the doors to all law-abiding folks who just want to be here and make a better life . . . and in the process keep out the handful who are going to wreak havoc on our community?” asked one federal prosecutor, who is not permitted to speak publicly and has handled numerous MS-13 cases. “Or do you open the doors and you let in good folks and some bad along with the good?”

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Read the entire, much longer, article at the link.

it does seem short sighted to save a few bucks by cutting some of the few programs specifically designed to address this issue.

PWS

06-16-17

 

REFUGEES ADJUST QUICKLY TO U.S. — PAY MORE IN TAXES THAN BENEFITS AFTER JUST EIGHT YEARS — New Study Debunks Trump’s Anti-Refugee Rhetoric!

https://www.washingtonpost.com/news/wonk/wp/2017/06/13/refugees-give-more-money-to-the-government-than-the-government-gives-to-them-study-says/?utm_term=.b120dcea381b

Tracy Jan writes in the Washington Post’s Wonkblog:

“Refugees have been at the center of a political maelstrom, accused of everything from terrorism to being a drain on taxpayers — prompting President Trump, in one of his first official acts, to suspend the country’s four-decade old refugee resettlement program.

But a new study shows that refugees end up paying more in taxes than they receive in welfare benefits after just eight years of living in this country.

By the time refugees who entered the U.S. as adults have been here for 20 years, they will have paid, on average, $21,000 more in taxes to all levels of government than they received in benefits over that time span, according to a working paper released Monday by the National Bureau of Economic Research that examined the economic and social outcomes of refugees in the U.S.

“There was a lot of rhetoric saying these people cost too much, but we didn’t actually know what that number was,” said William N. Evans, an economist at the University of Notre Dame who co-authored the paper.

Trump, in his January executive order temporarily barring refugees from entering the country, had directed the State Department to study the long-term costs of the refugee admissions program to federal, state and local governments.”

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Read the complete story at the link.

Trump’s immigration policies usually are not based on facts. He uses anti-immigrant anecdotes (some fabricated or exaggerated) along with policy statements straight out of the Bannon, Miller, Sessions, Kobach White Nationalist playbook to “whip up his base” and promote xenophobia.

PWS

06-14-17

 

NEW FROM NOLAN: GOP Senators’ Bill Would Give States Visa Authority!

http://thehill.com/blogs/congress-blog/judicial/337498-is-the-senate-bill-to-let-the-states-manage-a-large-immigration

Nolan Rappaport writes in The Hill:

“Sens. Ron Johnson (R-Wis.) and John McCain (R-Ariz.) recently introduced the State Sponsored Visa Pilot Program Act of 2017, which would allow the states to establish and manage their own guest worker programs for nonimmigrant workers, investors, and entrepreneurs.

According to Johnson, “We need to recognize that a one-size-fits-all federal model for visas or guest workers doesn’t work.  Let the states manage the visas, allocate them to the industries that need the workers, set prevailing wage rates.”

This program would blur the distinction between federal and state immigration responsibilities and require information sharing to an unprecedented extent, which would eliminate the justification for sanctuary cities. The states could no longer claim that enforcement was a solely federal responsibility.

How many visas?

The bill would allocate 5,000 renewable three-year visas for each state and give them a share of 245,000 additional visas which would be distributed on a population basis.  Also, the guest workers would be allowed to bring their spouses and children, and there would not be a limit on the visas for family members.  Thus, the program could bring more than a million aliens to the country each year.

The guest workers would have to work and reside in the state sponsoring them, but the states would be allowed to enter into compacts with other states to share the workers.

The states would be required to notify the DHS Secretary when guest workers fail to comply with the terms of their status “when the State is made aware of such failure.”

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Go over to The Hill at the link for Nolan’s complete analysis.

I can’t see Congress or the Administration wanting to give the states this much authority in the area of immigration.

PWS

06-14-17

 

NYT: Meet The White Nativist, Anti-Democracy Politician Kris Kobach — If You’re Non-White, He’s Out To Restrict Or Eliminate Your Right To Shape America’s Future — “implementing policies that protect the interests and aims of a shrinking white majority.”

https://www.nytimes.com/2017/06/13/magazine/the-man-behind-trumps-voter-fraud-obsession.html?action=click&contentCollection=Opinion&module=Trending&version=Full®ion=Marginalia&pgtype=article

Read Ari Berman’s shocking profile of a minor politician who wields outsized influence within the GOP and is out to put a “White’s Only” sign on the American Dream. For Kobach, the “Jim Crow Era” was the glory day of the “rule of law” in the U.S. When Kobach talks about the “rule of law” it’s code for using the legal system to cement the rule of a disproportionately white GOP minority over the rest of us, and particularly Americans of color. Will the “sleeping majority” wake up before we’re all disenfranchised by this racist in a suit hiding behind his Yale law degree and ability to spin legal gobbledygook? Kobach isn’t just “the ACLU’s worst nightmare,” as he smugly touts himself. He’s American Democracy’s worst nightmare!

Here’s a sample of what Kobach has in store for the rest of us:

“Kobach’s plans represent a radical reordering of American priorities. They would help preserve Republican majorities. But they could also reduce the size and influence of the country’s nonwhite population. For years, Republicans have used racially coded appeals to white voters as a means to win elections. Kobach has inverted the priorities, using elections, and advocating voting restrictions that make it easier for Republicans to win them, as the vehicle for implementing policies that protect the interests and aims of a shrinking white majority. This has made him one of the leading intellectual architects of a new nativist movement that is rapidly gaining influence not just in the United States but across the globe.”

Read Berman’s lengthy article, and think about what YOU can do to put the kibosh on the plans of this self-proclaimed “fanatic” and his dream of turning America into a “White GOP Folks Only Club.” Even Republicans who might remember enough to know that the GOP in the far, far distant past was the “Party of Lincoln” might want to rethink their party’s support of and association with this dangerous extremist. Act before it’s too late and Kobach steals YOUR American Dream and turns it into a nightmare!

PWS

06-13-17

 

 

 

 

Venezuela Now Tops List Of Asylum Sending Countries!

http://www.cnn.com/2017/06/11/us/venezuela-asylum-seekers-us/index.html

Marilia Brocchetto, Polo Sandoval and Jaide Timm-Garcia report for CNN:

“(CNN)The decision to come to the United States wasn’t an easy one. Carolina, a 33-year-old mother of three, said it was perhaps one of the toughest decisions of her life — one taken after many sleepless nights in her Barquisimeto, Venezuela, apartment.

Holding back tears, she remembers a night spent on the floor. She huddled with her three kids, praying, as Venezuelan government forces fiercely clashed with protesters outside her apartment walls. In the streets anti-government protesters demanded Venezuelan President Nicolas Maduro step down. Their protests were met with tear gas, water cannons, and rubber bullets. During that night of April 11, three Venezuelans would die in the Barquisimetoarea.
“The hardest moments happened on the last days,” Carolina said. Carolina is not her real name. She has asked to remain anonymous for fear of retaliation against her family in Venezuela.

Carolina says she got emotional the first time she visited an American supermarket. One of the first things she bought was candy for her children.

Sitting in a metro Atlanta shopping area, she talks of an entire life left behind. The boutique she owned with her husband. The social events she organized. She remembers her family — her uncle who’s currently recovering from a stroke and her grandmother, in her 80’s, who has no one to care for her.
“One day I called her and she told me all she had to eat was rice and butter.”
Venezuela has been plagued by food shortages and soaring prices. Inflation levels are in the triple digits. In 2016, the average Venezuelan living in extreme poverty lost about 19 pounds due to the lack of food. Many of its citizens had to skip meals, according to a national poll.
People have demanded president Maduro step down and hold elections. Protests have stretched into a third month, resulting in nearly 70 deaths.
Carolina, her husband and their three kids will soon be joining the growing number of Venezuelans seeking asylum in the United states. Venezuelans are now the top asylum seekers in the US, ahead of citizens from China, Mexico, Guatemala and El Salvador. It’s the first time Venezuelans have topped the list.
Carolina sold her business and her car in Venezuela and used the money to buy plane tickets for her family. The leftover money was rationed out to buy a small car and for a deposit on an apartment.
“We know we are starting from zero” she said, “it is a very difficult time and I have a lot of sadness in my heart for the things I left behind in Venezuela, but for my children, it is all worth it.”
Carolina and her family have been in the United States for less than a month. Once they file their asylum applications, Carolina and her husband will then need to wait 150 days before they can request a work permit.
In the meantime, she said she stays up at night talking to her husband about money, and how little of it they have left.
However, Carolina knows her family is lucky to have had the tourist visas that allowed them to come into the US.”
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Read the complete story with more “individual portraits” at the link. This shows another hole in the Trump “border deterrence” theory: most Venezuelans enter the US legally and apply for asylum later on. I had predicted some time ago that Venezuela’s abusive leftist government would soon collapse what had been one of the Hemisphere’s more prosperous and resource rich countries, scattering hundreds of thousands of refugees throughout the Americas!
But, of course, advance planning with other nations for a humanitarian response to refugee emergencies is beyond this Administration. They just keep spouting enforcement and detention, the same failed, yet expensive, so-called “strategies” that have been unsuccessfully tried over and over for the past 50 years.
PWS
06-11-17

PBS: Under Trump/ Kelly Regime, DHS Agents Go For “Low Hanging Fruit” — Non-Criminals With Final Orders Deported After Routine Check-Ins With DHS — Policy Cruel, Unnecessary, Legal!

http://www.pbs.org/newshour/rundown/trump-old-deportation-orders-get-new-life/

PBS reports:

“LOS ANGELES — For years, immigrants facing deportation have been allowed to stay in the U.S. provided they show up for regular check-ins with federal deportation agents and stay out of trouble. After a brief meeting, they’re usually told to return months later to check in again.

Now, in cases spanning from Michigan to California, some of these immigrants are being told their time here is up.

Immigrants who already have deportation orders and were allowed to stay in the country under the prior administration have become a target under President Donald Trump’s new immigration policies, with some getting arrested on the spot during check-ins with officers. Such arrests have dismayed family members and sent chills through immigrant communities.

In other instances, immigrants have been fitted with ankle-monitoring bracelets. Others have been released much like they were during President Barack Obama’s administration in what immigration attorneys say appears to be a random series of decisions based more on detention space than public safety.

“Everywhere, people going in to report are just absolutely terrified,” said Stacy Tolchin, a Los Angeles immigration attorney.

Agents still consider requests to delay deportations at immigrants’ regularly scheduled check-ins if, for example, someone has a medical condition, said David Marin, who oversees enforcement and removal operations for Immigration and Customs Enforcement in Los Angeles. But decisions are made on an individual basis, and efforts are being stepped up to procure travel documents from foreign countries to send people back home.

“They still have the ability to file a stay, but again, we’re looking at it in a different light,” Marin said. “There has to be an end game here.”

RELATED RESOURCE: Millions targeted for possible deportation under Trump rules

Immigration and Customs Enforcement said it is tracking nearly 970,000 immigrants with deportation orders. The majority — 82 percent — have no criminal record, the agency said. ICE declined to say how many must regularly report to authorities or are tracked by ankle monitors, and it is unclear how many are being arrested.

Trump boosted immigration arrests by 38 percent in the early days of his administration, but deportations fell from a year ago as activity on the U.S.-Mexico border slowed.

For authorities keen on showing they’re beefing up immigration enforcement, immigrants who already have deportation orders are seen as an easy target. They can be removed from the country more quickly than newly arrested immigrants, whose cases can drag on for years in immigration court proceedings and appeals.

“I just assume they figure this is an easy removal. All we have to do is deport this person, and that adds to our numbers of people who are out of the United States,” said Heather Prendergast, chair of the American Immigration Lawyers Association’s National Immigration and Customs Enforcement Liaison Committee.

Many immigrants with old deportation orders have lived in the United States for years and set down roots here despite having no legal status, which deportation agents were known to weigh to decide who was a priority for removal.”

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Read the complete report at the link.

Our zany immigration laws encourage arbitrary enforcement. And Trump, Kelly, & Sessions revel in the chance to undo the modest attempts at rationality and humanity that Obama injected into the system and demonstrate their fake “toughness” through arbitrary actions directed at vulnerable populations who have actually become part of our society.

History will judge harshly those who pick on the downtrodden for their own cheap political ends and the satisfaction of abusing power over others. That’s why it is important to make a clear record of the immoral behavior of those in power.

For example, President Woodrow Wilson is finally being held accountable for his grotesque racism. Some of the early Jesuits of Georgetown Univeristy are just now being exposed for violating their sacred mission by selling African Americans literally “down the river”  — splitting families in the process — to insure financial stability for Georgetown University. We are also coming to grips with the symbolic racism represented by many Confederate memorials, erected less to honor those who died in war than to symbolize continuing oppression of African Americans and glorify the systematic denial in the pre-1965 South of rights guaranteed by the U.S. Constitution.

PWS

06-10-17