TAL KOPAN AT CNN: WE’LL SOON LEARN IF THERE IS ANY LIMIT TO THE TRUMP ADMINISTRATION’S BAD IMMIGRATION POLICIES: Hundreds Of Thousands Of U.S. Workers & Families In “TPS” Status Anxiously Await Word Of Their Fate!

http://www.cnn.com/2017/09/11/politics/next-daca-tps-temporary-protected-status/index.html

Tal reports

“To qualify for protections from El Salvador, recipients must have lived in the United States since 2001, and for Honduras, it’s 1998, meaning any revocation of the program would upend lives built in the United States for nearly 20 years.
Lawmakers have been pressing the Trump administration to preserve temporary protected status for the countries whose deadlines for redesignation are coming up soon, citing the communities that would be harmed. At a meeting in July with members of the Congressional Hispanic Caucus, then-Homeland Security Secretary John Kelly indicated he could end Haiti’s status but hadn’t made a decision on Central America.
In addition to the humanitarian concerns, supporters of the program point to analyses that show an economic impact from revoking it.
“If El Salvador terminates, literally 260,000 eligible workers will fall out of the workforce at the stroke of midnight on whatever day that happens,” Rodriguez said.
An analysis by the Immigrant Legal Resource Center, which advocates for pro-immigration policies, found that deporting all the immigrants from El Salvador, Honduras and Haiti who have temporary protected status would cost $3.1 billion and take away $6.9 billion in contributions to Social Security and Medicare and $45.2 billion to the gross domestic product over a decade. Turnover costs for their employers would total nearly $1 billion.
“There’s different elements to the concern,” said Rep. Zoe Lofgren, a Democrat from California. “First, in the case of people who’ve been here a considerable period of time, people become members of their community, and so … a couple decades later, you own businesses, you have families, you have grandchildren, you’re kind of part of our situation here.”
Lofgren said the designated countries often remain in dire straits, and sending people back to them would be “unwise.”
The program is one of the issues that Congress needs to tackle as part of immigration reform because insisting on keeping recipients’ status temporary becomes untenable, she said.
“There should be some rational way to transition people who have been here for a long time, and in the case of these people, they’ve been here in legal status, who because of the length of their stay have basically become valued members of our community,” Lofgren said. “That’s a matter of a change of immigration law.”
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Read Tal’s complete article at the link.
Terminating TPS would further de-stabbilize the U.S. Immigration Court system because many, probably the majority of TPS recipients have court cases that were “administratively closed” and therefore taken off that Court’s docket (currently totalling more than 610,000 cases with some hearings already scheduled four or more years in the future). Merely the preliminary act of “moving to re-calendar” the TPS cases all at once could crash the court system, given its current non-automated, largely manual, paper intensive procedures and lack of any e-filing.
If hundreds of thousands of individuals were returned to El Salvador it would likely de-stabllize the country and lead to collapse and internal chaos. Additionally, loss of “remittances” sent to El Salvador by legally working TPS individuals in the U.S. would almost certainly send the El Salvadoran economy into a tailspin. For that reason, a prior plan during the Clinton Administration for a phase-out of Salvadoran TPS led to panicked entreaties from the Salvadoran Government to the Administration to leave the TPS program in place.
From my perspective as an Immigration Judge, TPS was one of the “smartest” programs ever. It allowed many deserving individuals with difficult asylum cases that would have taken many hours of hearing time to be removed from the court docket with minimal work for the Immigration Court and our overburdened staff. Even “de novo review” of a TPS denial could ordinarily be accomplished in a 30 minute “short block” of hearing time rather than a 3-hour “full block” hearing.
TPS combined efficient adjudication by USCIS with needed work authorization for American families, while “demurring” on the more difficult questions of green card status or a path to citizenship. It also had an effective  enforcement mechanism. Those relatively few TPS individuals who committed a felony or two or more misdemeanors were arrested, placed in detention, stripped of status, and in most cases removed from the U.S. promptly under the policies placed in effect by the Obama Administration.
PWS
09-11-17

CIVIL RIGHTS: Sessions Discovers America’s REAL Civil Rights Crisis — Insufficient White Privilege — Every White Kid Should Have Have Preferred Admission (How Else Do You Think Trump & Some Of His Cronies Got Into Good Schools?) — Gonzo Wants To Use Taxpayer $$$ To Turn Civil Rights Laws Against Blacks & Other Minorities!

https://www.nytimes.com/2017/08/01/us/politics/trump-affirmative-action-universities.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

Charlie Savage reports for the NY Times:

“WASHINGTON — The Trump administration is preparing to redirect resources of the Justice Department’s civil rights division toward investigating and suing universities over affirmative action admissions policies deemed to discriminate against white applicants, according to a document obtained by The New York Times.

The document, an internal announcement to the civil rights division, seeks current lawyers interested in working for a new project on “investigations and possible litigation related to intentional race-based discrimination in college and university admissions.”

The announcement suggests that the project will be run out of the division’s front office, where the Trump administration’s political appointees work, rather than its Educational Opportunities Section, which is run by career civil servants and normally handles work involving schools and universities.

The document does not explicitly identify whom the Justice Department considers at risk of discrimination because of affirmative action admissions policies. But the phrasing it uses, “intentional race-based discrimination,” cuts to the heart of programs designed to bring more minority students to university campuses.

Supporters and critics of the project said it was clearly targeting admissions programs that can give members of generally disadvantaged groups, like black and Latino students, an edge over other applicants with comparable or higher test scores.

The project is another sign that the civil rights division is taking on a conservative tilt under President Trump and Attorney General Jeff Sessions. It follows other changes in Justice Department policy on voting rights, gay rights and police reforms.

. . . .

The pending start of the affirmative action project — division lawyers who want to work on it must submit their résumés by Aug. 9, the announcement said — joins a series of changes involving civil rights law since Mr. Trump’s inauguration.

In a lawsuit challenging Texas’ strict voter identification law, the Justice Department switched its position, dropping the claim that the law was intentionally discriminatory and later declaring that the law had been fixed. Mr. Sessions has also made clear he is not interested in using consent decrees to impose reforms on troubled police departments and has initiated a sweeping review of existing agreements.

Last week, the Justice Department, without being asked, filed a brief in a private employment discrimination lawsuit. It urged an appeals court not to interpret the ban on sex-based discrimination in the Civil Rights Act of 1964 as covering sexual orientation. The Obama administration had shied from taking a stand on that question.

Vanita Gupta, who ran the civil rights division in the Obama administration’s second term and is now president of the liberal Leadership Conference on Civil and Human Rights, noted that the briefs in the Texas voter identification and gay-rights cases were signed only by Trump administration political appointees, not career officials, just as the affirmative action project will apparently be run directly by the division’s front office.

“The fact that the position is in the political front office, and not in the career section that enforces antidiscrimination laws for education, suggests that this person will be carrying out an agenda aimed at undermining diversity in higher education without needing to say it,” Ms. Gupta said.

The civil rights division has been a recurring culture-war battleground as it passed between Democratic and Republican administrations.”

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Wow! Talk about waste, fraud, and abuse by political officials at the DOJ! Oh, GAO, where art thou when the country needs you? Assuming that any minorities can still vote by the time Sessions and Trump get through — a big if — they might want to consider turning out for candidates who will support the “original intent” of Civil Rights laws, rather than perverting them to further entrench  the White (Largely Male) GOP Establishment.

PWS

08-02-17

Still Not Sure We Need U.S. Immigration Court Reform? Read This Explosive New OIG Report — While “Rome Was Burning” In The Immigration Courts, EOIR Senior Exec Was Busy Fiddling Around Hiring Pals, Soliciting Sexual Favors, Taking Kickbacks On Contracts, Lying To Investigators, & Retaliating Against Honest Employees!

INVESTIGATIVE SUMMARY

Findings Concerning Improper Hiring Practices, Inappropriate Interactions with Subordinates and a Contractor, and False Statements by a Senior Executive with the
Executive Office for Immigration Review

The Department of Justice (DOJ) Office of the Inspector General (OIG) initiated an investigation of a senior executive with the Executive Office for Immigration Review (EOIR) based on information it received from DOJ that the official engaged in inappropriate hiring practices, used non‐public information to benefit friends, solicited and accepted gifts from subordinates, maintained inappropriate relationships with subordinates, and participated in an inappropriate quid pro quo scheme with a contract company.

The OIG found that the executive engaged in improper hiring practices when, on seven separate occasions, the executive disregarded merit system principles to hire close friends and associates as DOJ employees or DOJ contract personnel over applicants with superior qualifications for the positions. The OIG also found that the executive initiated and approved the promotion of a friend before the individual was eligible for promotion, nominated a friend for a monetary award without sufficient justification, and promoted a friend who lacked qualifications for the position. The OIG further found that the executive disclosed to friends and acquaintances non‐public information about job opportunities on a pending DOJ contract, and advocated for increasing contractor salaries in support of friends. The OIG found that this conduct violated federal statutes, federal regulations, and DOJ policy.

In addition, the OIG found that the executive maintained an inappropriate personal relationship with a subordinate, and solicited and accepted gifts and donations from subordinates, in violation of federal statutes and regulations, and DOJ policy. The OIG investigation further concluded that the executive engaged in an inappropriate scheme with a DOJ contractor in which the executive sought employment and training from the contractor for personal friends in exchange for the executive actively participating in the creation and awarding of a purchase agreement of substantial monetary value to the contractor, in violation of federal statutes and regulations.

Lastly, the OIG found that the executive lacked candor and provided false statements to the OIG in relation to the executive’s conduct in the above‐described matters, in violation of federal statute and regulation. Prosecution of the executive was declined.

The OIG has completed its investigation and provided this report to EOIR for appropriate action. The OIG also referred to the U.S. Office of Special Counsel its findings that the executive retaliated against employees who refused to hire the executive’s friends.

Posted to oig.justice.gov on June 6, 2017

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The “experiment” with trying to run a major court system as an agency of the USDOJ is over. It has failed! Is Jeff Sessions going to straighten this mess out? No way! In addition to being less than candid under oath during his Senate Confirmation hearing (or perjuring himself in the view of many), the Comey testimony certainly made it appear that Sessions either was under active investigation by Special Counsel Robert Mueller or soon would be under such investigation.

And, it’s by no means just Sessions. Every Attorney General since Janet Reno has contributed significantly to the downward spiral in the U.S. Immigration Courts (including the BIA). Former Attorney General Loretta Lynch, who helped push Immigration Court backlogs to incredible new heights with poor hiring practices and politically motivated enforcement priorities, also came out of the Comey hearing looking like someone who put political loyalty before integrity. For the record, she has denied Comey’s charges. But, then so have Trump & Sessions. Not very good company, I’m afraid. And, don’t forget that the whole mess with the announcement on the Hillary Clinton investigation started because Lynch had the incredibly poor judgement to meet with Bill Clinton during the heat of his wife’s Presidential campaign.

This OIG Report comes on the heels of a GAO Report that pointed out a number of chronic management problems in EOIR, including the ridiculous 2-year hiring cycle for U.S. Immigration Judges. The GAO also discussed options for restructuring the Immigration courts as an independent agency, although the report did not make a specific recommendation on that subject. Here’s a link to my blog on the GAO report: http://wp.me/p8eeJm-Uh

 

PWS

06-10-17