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

INTERNATIONAL RESCUE COMMITTEE: US ADMINISTRATION OF SHAME: “A year of unwelcome How the Trump administration has sabotaged America’s welcome in 2017”

https://www.rescue.org/article/how-trump-administration-has-sabotaged-americas-welcome-2017

“Since President Donald Trump took office on Jan. 20, his administration has repeatedly implemented policies that pull the welcome mat from under the feet of refugees and immigrants seeking safety in the United States. The latest directive, announced in late October, institutes new vetting measures for refugees from 11 countries, effectively extending the travel ban that recently expired.

These developments are unbefitting America’s history as a safe haven for refugees. Democratic and Republican presidents alike have ensured that the United States supports refugees who seek liberty and reject ideologies opposed to American values.
U.S. leadership is needed now more than ever, when tens of millions across the globe face life-threatening situations. Yet the Trump administration continues to issue anti-immigrant and anti-refugee policies that endanger innocent people fleeing persecution and, inherently, weaken America’s reputation both at home and abroad.
Here is a timeline of the Trump administration’s immigrant policies during its first nine months.
Travel ban
By the numbers
President Trump is pulling back America’s welcome mat at a time of unprecedented global need. This year:
65 million
people worldwide are currently uprooted by crisis

More people have been forced to flee their homes by conflict and crisis than at any time since World War II.

Learn more about refugees
During his first week in office, President Trump instituted a travel ban that suspended the U.S. refugee resettlement program for 120 days and barred Syrian refugees from entry to the U.S. indefinitely. It also indiscriminately excluded any travel from six other countries—Iraq, Iran, Sudan, Libya, Somalia and Yemen—for 90 days.
Opponents of the travel ban challenged the directive in the courts. The Administration drafted a second travel ban as replacement: It allowed travelers who hold green cards entry the U.S.; removed Iraq from the list of restricted countries; and struck down the indefinite ban on Syrian refugees.
Even with this second ban, an eventual Supreme Court ruling required the administration to rewrite its travel guidelines over the summer, stipulating that people who have a “credible claim of bona fide relationship” with a person living in the U.S. can enter the country. The new guidelines, however, raised more questions than answers. For example, “bona fide relationships” didn’t include grandparents or resettlement agencies until advocates further challenged the protocols. Meanwhile, thousands of vulnerable refugees who were not already on flights to the U.S. were left stranded.
“The human toll on families who have patiently waited their turn, done the vetting, given up jobs and prepared to travel is wrong,” said David Miliband, president of the International Rescue Committee (IRC), in a July 13 statement. “After decades of leading with its gold standard resettlement program, this defective policy shifts the goal posts and sees America turn its back on—and break its promise to—the world’s most vulnerable.”
The Supreme Court scheduled hearings on the legality of the travel ban, but the expiration date for the directive rendering the case moot.
End of protections for Central American refugee children
On Aug. 16, the Trump administration ended the automatic parole option for children in the CAM program (formally called the Central American Minors Refugee and Parole program). Since December 2014, the CAM program has helped reunite children fleeing gang violence in Guatemala, Honduras and El Salvador with parents already in the U.S.
Many of these children avoided a perilous journey in order to reunite with parents and relatives—who are lawfully in the U.S.—and begin their new lives with refugee status protected under U.S. and international laws, notes Jennifer Sime, senior vice president of United States Programs at the IRC. “These children are no longer separated from their parents due to conflict and unrest, and are able to attend school and have a childhood free from violence.”
Terminating this lifesaving program, as this administration has done, is brutally tearing families apart—and in many cases, endangering children.
End of the “Dreamers” program
By the numbers
President Trump is pulling back America’s welcome mat at a time of unprecedented global need. This year:
45,000
is the record-low U.S. limit on refugee admissions

That number is less than half the refugee admissions cap set by President Obama last year.

Why the U.S. should accept more refugees
On Sept. 5, Trump ended the Deferred Action for Childhood Arrivals (“DACA”) program, which created a fair and necessary safeguard for hundreds of thousands of young people—commonly known as Dreamers—brought to the U.S. as children.
This decision puts nearly 800,000 young people at risk of deportation from the only country they have ever known. It will have a painful and lasting impact on their lives, the fortunes of their employers, and the wellbeing of their communities.
“The devastating decision to discontinue DACA … unnecessarily tears families apart,” says Hans van de Weerd, vice president of United States Programs at the IRC. “To take away the promised protection of DACA without an alternative, from those who courageously came out of the shadows to apply to the program, bolster our economy and enrich our communities, is simply inhumane.”

Historically low refugee cap
On Sept. 27, the Trump administration announced that it would cap at 45,000 the number of refugees granted admission to the U.S. in Fiscal Year 2018. This number is a historic low—the annual cap on average has exceeded 95,000 since 1980—and comes at a time when more people are uprooted by war and crisis than ever before.
“This administration’s decision to halve the number of refugees admitted to America is a double-blow—to victims of war ready to start a new life, and to America’s reputation as a beacon of hope in the world,” says Miliband. “When America cuts its numbers, the danger is that it sets the stage for other nations to follow suit, a tragic and contagious example of moral failure.”
New vetting procedures
By the numbers
President Trump is pulling back America’s welcome mat at a time of unprecedented global need. This year:
15,000
refugees are actually likely to be admitted to the U.S., based on IRC projections

Vulnerable refugees are being harmed by bureaucratic red tape that won’t make Americans safer.

Why the existing vetting process already works
The travel ban officially expired on Oct. 24, but the Trump administration substituted the directive with a round of new vetting procedures for refugees entering the U.S. All refugees will now need to provide addresses, phone numbers, email addresses and other details – over the past decade – for themselves and, potentially, their extended family members.
Further measures essentially allow Trump to extend the ban for 90 days for refugees from 11 countries.
“This will add months, or potentially years, to the most urgent cases, the majority of which are women and children in heinous circumstances,” says Sime. “With a world facing brutal and protracted conflicts like in Syria, or new levels of displacement and unimaginable violence against the Rohingya, this moment is a test of the world’s humanity, moral leadership, and ability to learn from the horrors of the past.”
Stand with refugees

We need your help to fight back and remind Congress that the Trump administration’s refugee policies DO NOT represent American values.”

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More for Fat Cats, corporations, and the Trump Family Enterprises. Less for the needy and vulnerable. Eventually, there will be a reckoning for selfish, “me first,” policies of greed and disregard for the rights and humanity of others. I read it in a book.

PWS

12-02-17

 

 

 

TRUMP ADMINISTRATION LAUNCHES “STEALTH ATTACK” ON MUSLIM REFUGEES!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/11/trump_is_trying_to_secretly_sneak_through_another_muslim_ban.html

Dahlia Lithwick and Jeremy Stahl Report for Slate:

“At the end of last month, the Trump administration quietly rolled out new restrictions on certain groups of refugees, ostensibly aimed at “protect[ing] people from terrorist attacks and other public-safety threats.” This latest form of “extreme vetting” reportedly targeted citizens of 11 purportedly high “risk” countries, along with the children and spouses of refugees already in the United States.

These high “risk” refugees would be temporarily barred from entering the country and kept from resettlement, so yet another layer of reviews could be added to the already years-long process. Here is the list of affected countries: Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen. Nine of these countries are Muslim-majority nations. The list was not made public in the executive order itself. Instead, the State Department released an accompanying memo saying that the refugee freeze would affect 11 unnamed countries for which additional security screening had been previously required for males age 16–50.

The new policy expands the additional scrutiny for people from those 11 nations to include all refugees, and not just males of a certain age, while attempting to hide which 11 countries are affected. It also “temporarily prioritizes” applications of refugees from countries not on the list. The list of countries has never been made public outside of media reports, but was included in a December 2016 State Department memo seen by Slate. The new executive order was the Trump administration’s latest attempt to secretly sanitize and repurpose President Trump’s long-proffered and repeatedly bungled Muslim ban.

To put it more simply: This is another Muslim ban.
In addition to the new vetting and resettlement restrictions for a certain type of refugee, the “follow-to-join” program for close relatives of refugees who are already in the U.S. was paused indefinitely until further review. That means that refugees already lawfully admitted will be prevented from reuniting with their spouses and minor children. Department of Homeland Security data shows that about 2,000 follow-to-join family members came to the U.S. in 2015. Just as a reminder, one of the first plaintiffs in a lawsuit against Trump’s first “travel ban,” Haider Sameer Abdulkhaleq Alshawi, was an Iraqi who had qualified for a Follow to Join Visa. Alshawi’s wife and 7-year-old son, whom he had not seen for three years, were lawful permanent residents living in Houston. He was detained at JFK Airport in transit to the U.S. when the first travel ban was signed in January, before ultimately being allowed to reunite with his family.

Seen together, the new restrictions will not only disproportionately affect Muslim refugees: They will also extend an already cumbersome process that at present features extensive vetting that can average between 18–24 months.”

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Readthe full article at the link.

More anti-Muslim religious discrimination and anti-refugee discrimination masquerading as as “national security.”

PWS

11-11-17

 

AMERICA THE SCARED AND SELFISH: TRUMP CONTINUES TO SHAFT REFUGEES DURING WORLDWIDE HUMANITARIAN CRISIS!

https://www.washingtonpost.com/opinions/trump-spurns-refugees–again/2017/10/27/7c36ec22-ba90-11e7-a908-a3470754bbb9_story.html

Washington Post editorial:

“PRESIDENT TRUMP has already slashed refugee admissions for the next hyear to a decades-long low. Now, in yet another blow to America’s legacy as a beacon of hope to beleaguered people around the world, his administration plans to make entry into the United States even more difficult for those refugees who are lucky enough not to be banned from the country entirely.

Mr. Trump’s first two travel bans suspended all refugee admissions into the United States for 120 days. On Tuesday, that aspect of the ban expired — and the administration has replaced it with a mean-spirited policy not defensible on any conceivable grounds of national security.

Notwithstanding the president’s promises to implement “extreme vetting,” refugees seeking entry into the United States already are subject to a gantlet of security checks and interviews. Under this new policy, the process will become even more arduous. Refugees will need to hand over more detailed biographical data and contact information for family members. The government will scale up efforts to spot possible fraud. Meanwhile, a program allowing swifter entry for refugees seeking to join family members who have already reached the United States has been put on hold.

The policy is harshest toward refugees from 11 countries, which Reuters reports as Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria and Yemen. For 90 days, citizens and stateless residents of these countries will be blocked from the United States unless their admission is determined not to pose a security threat and to be in the national interest of the United States. That loophole is particularly small because the State Department plans to prioritize refugees from other countries. Essentially, the administration has extended the refugee ban another month and a half for these 11 nations. (They produced more than 40 percent of refugees admitted to the United States in fiscal 2017.) That makes for a drastic cut in refu­gee admissions.”

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

Read the complete editorial at the link.

Trump is diminishing America, one cowardly and xenophobic action at a time.

PWS

10-28-17

 

THE BIGGEST LOSER: US Judge In MD Also Slams Travel Ban 3.0 (Again)! No Matter What Ultimately Happens, Trump & Our Country Are The Big Losers From His Determination To Be Petty & Discriminatory!

https://www.washingtonpost.com/world/national-security/second-judge-rules-against-latest-travel-ban-saying-trumps-own-words-show-it-was-aimed-at-muslims/2017/10/18/5ecdaa44-b3ed-11e7-9e58-e6288544af98_story.html

Matt Zapotosky reports for the Washington Post:

“A federal judge in Maryland early Wednesday issued a second halt on the latest version of President Trump’s travel ban, asserting that the president’s own comments on the campaign trail and on Twitter convinced him that the directive was akin to an unconstitutional Muslim ban.

U.S. District Judge Theodore D. Chuang issued a somewhat less complete halt on the ban than his counterpart in Hawaii did a day earlier, blocking the administration from enforcing the directive only on those who lacked a “bona fide” relationship with a person or entity in the United States, such as family members or some type of professional or other engagement in the United States.

But in some ways, Chuang’s ruling was more personally cutting to Trump, as he said the president’s own words cast his latest attempt to impose a travel blockade as the “inextricable re-animation of the twice-enjoined Muslim ban.”

Omar Jadwat, who directs of the ACLU’s Immigrants’ Rights Project and represented those suing in Maryland over the ban, said: “Like the two versions before it, President Trump’s latest travel ban is still a Muslim ban at its core. And like the two before it, this one is going down to defeat in the courts.”

The third iteration of Trump’s travel ban had been set to go fully into effect early Wednesday, barring various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela. Even before Chuang’s ruling, though, a federal judge in Hawaii stopped it — at least temporarily — for all of the countries except North Korea and Venezuela.

That judge, Derrick K. Watson, blocked the administration from enforcing the measure on anyone from the six countries, not just those with a “bona fide” U.S. tie. But his ruling did not address whether Trump’s intent in imposing the directive was to discriminate against Muslims. He said the president had merely exceeded the authority Congress had given him in immigration law.

The Justice Department already had vowed to appeal Watson’s ruling, which the White House said “undercuts the President’s efforts to keep the American people safe and enforce minimum security standards for entry into the United States.” Both Watson’s temporary restraining order and Chuang’s preliminary injunction are also interim measures, meant to maintain the status quo as the parties continue to argue the case.

The administration had cast the new measure as one that was necessary for national security, implemented only after officials conducted an extensive review of the information they needed to vet those coming to the United States. Those countries that were either unwilling or unable to produce such information even after negotiation, officials have said, were included on the banned list.

“These restrictions are vital to ensuring that foreign nations comply with the minimum security standards required for the integrity of our immigration system and the security of our Nation,” the White House said after Watson’s ruling. “We are therefore confident that the Judiciary will ultimately uphold the President’s lawful and necessary action and swiftly restore its vital protections for the safety of the American people.”

Like Watson’s order, Chuang’s 91-page ruling also found Trump had exceeded his authority under immigration law, but only partially.

The order — which has “no specified end date and no requirement of renewal” — violated a nondiscrimination provision in the law in that it blocked immigrants to the United States based on their nationality, Chuang wrote.

But Chuang said he could not determine, as Watson did, that Trump had violated a different part of federal immigration law requiring him to find entry of certain nonimmigrant travelers would be “detrimental” to U.S. interests before blocking them.

Chuang instead based much of his ruling on his assessment that Trump intended to ban Muslims, and thus his order had run afoul of the Establishment Clause of the Constitution. When Trump was a presidential candidate in December 2015, Chuang wrote, he had promised a “complete shutdown of Muslims entering the United States,” and all of his comments since then seemed to indicate his various travel bans were meant to fulfill that promise.

After his second ban was blocked, Chuang wrote, Trump described the measure as a “watered down version” of his initial measure, adding, “we ought go back to the first one and go all the way, which is what I wanted to do in the first place.” The president had then revoked and replaced his first travel ban, which had also been held up in court.

In August, with courts still weighing the second version, Chuang noted that Trump “endorsed what appears to be an apocryphal story involving General John J. Pershing and a purported massacre of Muslims with bullets dipped in a pig’s blood, advising people to ‘study what General Pershing . . . did to terrorists when caught.’ ”

In September, as authorities worked on a new directive, Trump wrote on Twitter “the travel ban into the United States should be far larger, tougher and more specific — but stupidly, that would not be politically correct!”

Chuang had pressed challengers at a hearing this week on what the government would have to do to make the new ban legal, and he noted in his ruling that the new directive had changed from the previous iterations. The government, for example, had undertaken a review process before inking the new measure, and had added two non-Muslim majority countries to the banned list.

But Chuang wrote that he was unmoved that government had simply relied on the results of their review, and instead believed they made “certain subjective determinations that resulted in a disproportionate impact on majority-Muslim nations.” He wrote that the government offered “no evidence, even in the form of classified information submitted to the Court, showing an intelligence-based terrorism threat justifying a ban on entire nationalities,” and asserted that even the new measure “generally resembles President Trump’s earlier description of the Muslim ban.”

“The ‘initial’ announcement of the Muslim ban, offered repeatedly and explicitly through President Trump’s own statements, forcefully and persuasively expressed his purpose in unequivocal terms,” Chuang wrote.

The suits in federal court in Maryland had been brought by 23 advocacy groups and seven people who said they would be negatively impacted by the new ban.”

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

Yes, the Trump Administration might ultimately prevail on appeal on this one. But, that won’t change the fact that they are “losers.” And, a country that chooses biased, incompetent, and petty leadership like this is also a “Big Loser.”

PWS

10-18-17

ACLU WILL CHALLENGE TRAVEL BAN 3.0 IN MD FEDERAL COURT!

http://www.huffingtonpost.com/entry/aclu-travel-ban_us_59ceab03e4b06791bb10933f

Mollie Reilly reports for HuffPost:

“The American Civil Liberties Union announced Friday it is suing President Donald Trump’s administration over its new travel ban.
The group is bringing its challenge in the U.S. District Court in Maryland. Multiple organizations, including the National Immigration Law Center, are joining the complaint.
“President Trump’s newest travel ban is still a Muslim ban at its core, and it certainly engages in discrimination based on national origin, which is unlawful,” ACLU executive director Anthony D. Romero said in a statement. “Adding a few North Koreans and a tiny group of Venezuelan officials doesn’t paper over the original sin of the Muslim ban. We’ll see President Trump in court — again.”
The latest iteration of the ban, announced earlier this week, is set to place new restrictions on travel to the U.S. from eight countries starting on Oct. 18. The updated ban removed earlier restrictions on Sudan, while adding North Korea, Venezuela and Chad to the list. Restrictions remain in place for Iran, Libya, Syria, Yemen and Somalia.
It’s Trump’s third attempt to restrict travel from a small group of countries.
The ACLU and other groups have decried the new version of the ban as just as xenophobic as its earlier versions, which faced legal challenges as to whether the policies unconstitutionally discriminated against Muslims.
“This is still a Muslim ban ― they simply added three additional countries,” said Becca Heller of the International Refugee Assistance Project earlier this week. “Of those countries, Chad is majority Muslim, travel from North Korea is already basically frozen and the restrictions on Venezuela only affect government officials on certain visas. You can’t get any more transparent than that.”

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Although the Trumpsters have shored up Travel Ban 3.0 with some specifics, it’s still stupid and unnecessary. Whether that makes it illegal, however, is a more difficult question.

PWS

09-29-17

FORMER DHS SEC MIKE CHERTOFF TELLS HOW CUTTING REFUGEE ADMISSIONS HURTS AMERICA AND ENDANGERS NATIONAL SECURITY!

https://www.washingtonpost.com/opinions/cutting-refugee-admissions-hurts-americans-heres-how/2017/09/14/c7c8b5e6-9987-11e7-b569-3360011663b4_story.html?utm_term=.268b590d8b01

Chertoff writes in the Washington Post:

“President Trump will make another decision this month that will affect thousands of people: How many refugees will the United States admit in fiscal year 2018?

The president already cut refugee admissions by more than half this year, from more than 100,000 down to 50,000. By way of comparison, the highest ceiling under President Ronald Reagan was 140,000. The president has also signaled, through his executive orders and in his budget proposal, that these cuts will carry over to next year. And in fact, some in his administration are trying to convince him to cut even further.

This would be a mistake. Cutting refugee admittances would not only be a moral failure but also damage our national interest abroad and our economy.

Of course, security is an imperative, and the refugee resettlement program is secure. U.S. security and intelligence agencies conduct multiple reviews on every refugee admitted, and only those approved for admission by the Department of Homeland Security are granted refuge in the United States.

 

There is also the humanitarian imperative: We are in the midst of the greatest refugee crisis on record, with more than 22 million people seeking safety from violence, conflict and persecution all over the world. The vast majority of refugees — nearly 90 percent — are hosted by poor and middle-income countries. Only the most vulnerable — those whose safety cannot be assured in their countries of first refuge — are selected for resettlement. For these refugees — widowed women; orphaned children; survivors of rape, torture and brutal religious persecution — refugee resettlement is a lifeline.

But what’s in it for the United States?

Strategic allies located near crises host the largest refugee populations in the world. Jordan, Turkey, Pakistan and Kenya are among the top refugee-hosting states. Their willingness to host millions of refugees contributes greatly to regional stability and security, all in regions where U.S. troops are deployed. As our military works to contain terrorist insurgencies in Afghanistan, Iraq, Syria and the Horn of Africa, forcing refugees to return to unsafe and unstable countries would make countering terrorism more difficult.

 

That’s why in 2016, when the Kenyan government threatened to close the Dadaab refugee camp and forcibly return more than 250,000 Somalis to an unstable Somalia, then-Secretary of State John F. Kerry got on a plane to Kenya. It’s also why the United States should be concerned that more than 700,000 Afghan registered and unregistered refugees have been returned to Afghanistan since 2016 — a threefold increase from 2015 — at a time when growing instability in Afghanistan and terrorist gains are forcing an increase in U.S. troop levels.

If we’re not willing to do our fair share, how can we ask front-line allies to do more?

Maintaining resettlement commitments is also critical to our military, diplomatic and intelligence operations abroad. Tens of thousands of Iraqi and Afghan nationals have put their lives on the line to support intelligence-gathering, operations planning and other essential services. Terrorist groups openly target these individuals because of their cooperation with Americans. Resettlement is instrumental to ensuring their safety — a testament to the U.S. military’s commitment to leave no one behind on the battlefield.

And in a proud American tradition, Republican and Democratic presidents have used refugee admissions to signal support for those who reject ideologies antithetical to U.S. values. In the past few decades, we have raised our admissions ceilings to take in those fleeing communist uprisings, religious persecution and tyranny.

 

Today, the United States must provide unwavering support for Muslims who put their lives at risk to reject terrorist ideologies, many of whom refused to join or be conscripted into terrorist groups, militias and state security forces persecuting their fellow citizens. The Islamic State considers all those who flee its rule as heretics subject to execution. Those who risk their lives — and their children’s lives — to reject terrorism must know, as a matter of our fight against extremism, that the United States supports and welcomes them.

Even in the wake of 9/11, the worst terrorist attack in our country’s history, President George W. Bush deliberately and explicitly maintained a refugee admissions ceiling of 70,000 annually, affirming the United States’ great humanitarian tradition.

Finally, refugees enrich and are deeply supported by our communities. Hundreds of mayors, faith leaders and business leaders have attested to the contributions refugees make. Thousands of Americans donate volunteer hours, in-kind goods and services, and private dollars to support refugees. One study estimates only 39 percent of the costs of resettlement are covered by federal dollars.

 

Despite being among the most vulnerable and destitute when they arrive, refugees thrive. Entrepreneurship among refugees is nearly 50 percent higher than among U.S.-born populations, creating jobs for Americans. More than 57 percent of them are homeowners.

Our values and our national security interests argue for raising our refugee ceiling, not lowering it. The president should seize the mantle of Reagan and fortify U.S. leadership on refugees.”

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I’ll admit to not always being a Chertoff fan. In particular, his failure to support internal efforts to institute a strong prosecutorial discretion program at ICE that would have empowered the Chief Counsel to control the Immigration Courts’ growing docket was unfortunate, given his legal and judicial background.

But, I agree with what Chertoff says here. Just compare the power, logic, and moral authority of his statement with the mealy-mouthed, cowardly, morally vapid lies flowing from the mourths of xenophobic, disingenuous, fear mongers like Jeff “Gonzo Apocalypto” Sessions, Stephen Miller, Steve Bannon, Rep. Steve King, and the rest of the White Nationalist crowd!

Refugeees make America great! White Nationalist xenophobes, not so much!

PWS

09-15-17

THE WORLD HAS MORE REFUGEES THAN AT ANY TIME SINCE WWII; REFUGEES NEED THE U.S. TO SAVE THEM & WE NEED REFUGEES’ ENERGY, BRAVERY, & TALENTS! — THE RESPONSE OF WHITE NATIONALISTS LIKE MILLER & SESSIONS IS TO RECOMMEND CUTTING REFUGEE ADMISSIONS TO AN ALL-TIME LOW OF 15,000! — Don’t Let These Racist Xenophobes Get Away With It!

http://nymag.com/daily/intelligencer/2017/09/trump-considers-cutting-refugee-cap-to-lowest-in-decades.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Daily%20Intelligencer%20-%20September%2013%2C%202017&utm_term=Subscription%20List%20-%20Daily%20Intelligencer%20%281%20Year%29

Adam K. Raymond reports in New York Magazine:

“In 2016, the last year of President Obama’s administration, the U.S. accepted 85,000 refugees and set a goal of bumping that number up to 110,00 this year. Those plans changed with President Trump’s so-called travel ban, which set the refugee limit at 50,000 for 2016. Now, the administration is considering setting that number even lower for 2018, despite the worst refugee crisis since World War II.

The President has until October 1 to set a refugee ceiling and, the Times reports, there’s a debate raging in the White House about whether the number should be reduced to numbers not seen in decades. Leading the arguments against cutting the totals is Trump senior adviser Stephen Miller, an immigration hawk and ally of Steve Bannon and Attorney General Jeff Sessions. Miller has reportedly produced cutting the number all the way to 15,000. The Department of Homeland Security has proposed its own cut to 40,000.

The Times explains their purported thinking:

 

Two administration officials said those pushing for a lower number are citing the need to strengthen the process of vetting applicants for refugee status to prevent would-be terrorists from entering the country. Two others said another factor is a cold-eyed assessment of the money and resources that would be needed to resettle larger amounts of refugees at a time when federal immigration authorities already face a years long backlog of hundreds of thousands of asylum seekers.
This reasoning doesn’t align with the facts. Refugees are far more likely to be victims of politically motivated attacks than perpetrators. Limiting refugees does not keep America safer because refugees are not dangerous. It’s difficult not to see nativism as the motive behind pretending that they are: fear makes it easier to convince people that suffering people should be excluded from the United States. As for the cost concerns, the GOP’s feigned fiscal prudence should never be taken seriously.

By setting the refugee cap at 50,000 this year, Trump has already pushed the number lower than it’s been in decades. In the 37 years since the Refugee Act of 1980 gave the president a role in setting the cap, it hasn’t slipped lower than the 67,000 President Reagan set in 1987.

Cutting the refugee ceiling would leave tens of thousands of vulnerable people out in the cold, the International Rescue Committee said in a report last month. The humanitarian organization advocates for a ceiling no lower than 75,000 people. “An admissions level of at least 75,000 is a critical signal to the world that the United States remains a safe haven for those fleeing persecution, terror and ideologies antithetical to American democratic values,” the report says. “Anything less would be to turn our backs on the United States’ humanitarian tradition and global leadership.”

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Under the last three Administrations, the US has made an absolute muddle out of two ill-advised wars and Middle East policies in general. The idea that guys like Trump, Tillerson, Miller, Bannon, Sessions, and even “the Generals” can come up with a constructive solution borders on the ludicrous. Nope. They going to to fight the 21st Century version of the “100 Years War” with similar results.

If there is a solution out there that will help achieve stability and provide a durable solution to the terrorist threats, it’s more likely going to be coming from one of today’s refugees who have a better idea of what’s actually going on and how we might become part of the solution rather than making the problems worse.

Refugees represent America’s hope. The Sessions-Miller-Bannon cabal represents America’s darkest side — one that threatens to drag us all into the abyss of their dark, distorted, and fundamentally anti-American world view.

PWS

09-13-17

 

 

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)!

STATE OF HAWAII V. TRUMP — Read The 9th Circuit’s Full Opinion Here — See The Largely Unsupported Arguments Made By DOJ In Pushing For Extreme Scope of “Travel Ban 2.0” — Understand How & Why Court Blew Them Away!

Here’s the full text:

17-16426–Hawaii-9th-09-17

PANEL:  Michael Daly Hawkins, Ronald M. Gould, and Richard A. Paez, Circuit Judges.

OPINION: Per Curiam

KEY QUOTE:

“We are asked to review the district court’s modified preliminary injunction,

which enjoins the Government from enforcing Executive Order 13780 against (1) grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States; and (2) refugees who have formal assurances from resettlement agencies or are in the U.S. Refugee Admissions Program (“USRAP”) through the Lautenberg Amendment.

For the reasons that follow, we conclude that in modifying the preliminary injunction to preserve the status quo, the district court carefully and correctly balanced the hardships and the equitable considerations as directed by the Supreme Court in Trump v. International Refugee Assistance Project, 137 S. Ct. 2080, 2088 (2017), and did not abuse its discretion. We affirm.

. . . .

The Government also raises concerns that because about 24,000 refugees have been assured, the district court’s ruling causes the Supreme Court’s stay order to “cover[] virtually no refugee” and renders the order inoperative. The Supreme Court’s stay considered the concrete hardship of U.S.-based persons and entities. See Trump, 137 S. Ct. at 2088–89. The Court’s equitable decision did not express concern about the number of refugees that would fall within the scope of the injunction; rather, the Court’s order clarifies that the Government is still enjoined from enforcing the 50,000-person cap of § 6(b) to exclude refugees who have a bona fide relationship with a U.S. person or entity and are otherwise eligible to enter the United States. Id. at 2089.

Furthermore, the Government’s assertion that the modified injunction renders the Court’s stay order inoperative is false. More than 175,000 refugees currently lack formal assurances. Without another bona fide relationship with a person or entity in the United States, the Executive Order suspends those refugees’ applications. See U.S. Dep’t of Homeland Security, Frequently Asked Questions on Protecting the Nation from Foreign Terrorist Entry into the United States at Q.27, https://www.dhs.gov/news/2017/06/29/frequently-asked-questions- protecting-nation-foreign-terrorist-entry-united-states (last visited Aug. 30, 2017)

33

(“USCIS officers have been instructed that they should not approve a refugee application unless the officer is satisfied that the applicant’s relationship complies with the requirement to have a credible claim of a bona fide relationship with a person or entity in the United States and was not formed for the purpose of evading the Executive Order.”).

Resettlement agencies will face concrete harms and burdens if refugees with formal assurances are not admitted. In the same way that the Court considered the harms of the U.S. citizen who wants to be reunited with his mother-in-law and the permanent resident who wants to be reunited with his wife, the employer that hired an employee, the university that admitted a student, and the American audience that invited a lecturer, the district court correctly considered the resettlement agency that has given a formal assurance for specific refugees. The district court did not abuse its discretion with regard to this portion of the modified preliminary injunction.

IV

Our decision affirming the district court’s modified preliminary injunction will not take effect until the mandate issues, which would not ordinarily occur until at least 52 days after this opinion is filed. See Fed. R. App. P. 41; Fed. R. App. P. 40(a)(1).

34

Refugees’ lives remain in vulnerable limbo during the pendency of the Supreme Court’s stay. Refugees have only a narrow window of time to complete their travel, as certain security and medical checks expire and must then be re- initiated. Even short delays may prolong a refugee’s admittance.

Because this case is governed by equitable principles, and because many refugees without the benefit of the injunction are gravely imperiled, we shorten the time for the mandate to issue. See Fed. R. App. P. 41(b). The mandate shall issue five days after the filing of this opinion.

V

We affirm the district court’s order modifying the preliminary injunction. The mandate shall issue five days after the filing of this opinion.”

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This is how the Trump-Sessions DOJ squanders taxpayer money and wastes U.S Courts’ time. Advancing positions unsupported by law or facts is also what “Gonzo Apocalypto” means when he disingenuously refers to “restoring the rule of law.” Meanwhile, Sessions ignores the real threats to America’s security posed by his buddy Bannon, his flunky Miller, and their White Supremacist allies.

I have predicted that the career DOJ Attorneys in the Solicitor General’s Office, the Office of Immigration Litigation, and elsewhere who are charged with defending Session’s gonzo and often disingenuous political agenda will have “zero credibility” by the time his reign at Justice is over. Problem is that our justice system and particularly our Immigration Courts will be in shambles by the time Sessions is done.

PWS

09-08-17

 

PETULA DVORAK IN WASHPOST: DISHONEST LEADERS SOW “FALSE FEARS” WHILE IGNORING REAL THREATS!

https://www.washingtonpost.com/local/what-happens-when-a-presidency-runs-on-fakefears-real-fears-are-ignored/2017/09/07/83ead004-93d1-11e7-8754-d478688d23b4_story.html

Dvorak writes:

Fake fear is our new leader.

Washington’s new ruling class is not governing with compassion, common sense, measured research, knowledge of history or the future. Theirs is a doctrine of fake fears. And these same people also have a problem with things we should actually be afraid of.

Let me explain.

Fake Fear: The “bad hombres” President Donald Trump talked about during the campaign last year begot this week’s DACA repeal thing. Trump wants us to be afraid of these immigrants, and he’s ready to trash the lives of more than 800,000 Americans looking for a path to legal residency by killing the Deferred Action for Childhood Arrivals program.

The truth is that these immigrants, brought here as children by their parents, “have lower incarceration rates than native-born Americans of the same age and education level,” according to a report issued last week by the nonpartisan CATO Institute.

Real Fear: Hurricanes. You know them — from Katrina to Harvey to Irma — millions of people and billions of dollars tell you hurricanes devastate lives, cities and industries.

But Trump refuses to fear them. Earlier this year, he proposed a budget that slashed about $667 million for the disaster preparedness programs run by the Federal Emergency Management Agency. That budget also proposed $6 billion in cuts to the Department of Housing and Urban Development, which helps rebuild homes and hospitals.

The fake fear administration also killed a post-Katrina rule requiring building projects eligible for federal funding to take such measures as elevating structures in flood zones away from the reach of rising water before they get government cash. And they did this just in time for hurricane season.

But hey, the $108 billion in damage and the 1,800 lives lost in Hurricane Katrina must not mean much when it your moral compass is fake fear.

Fake fear: The apparent crime wave that Attorney General Jeff Sessions keeps warning Americans about.

“We have a crime problem,” Sessions said in February. “I wish the rise that we are seeing in crime in America today were some sort of aberration or a blip. My best judgment, having been involved in criminal law enforcement for many years, is that this is a dangerous, permanent trend that places the health and safety of the American people at risk.”

But the facts say otherwise.

This year is on pace to have the second-lowest violent crime rate of any year since 1990, according to a report by the Brennan Center for Justice this week that analyzed statistics from the nation’s 30 largest cities.

Real fear: Though we’ve seen more and more horrifying videos of civilians being shot by police officers, we still have little comprehensive data that shows how often this happens and how agencies can prevent these tragedies.

“What we really need to know is how many times police shoot people, not just how many of those people die,” David A. Klinger, a criminal justice professor at the University of Missouri in St. Louis who studies police use of force, told The Washington Post earlier this summer.

The Post began compiling this information in 2015, relying on local news, social media and our own reporting.

This is a real fear for real people. This is true whether you’re a black man, such as beloved cafeteria worker Philando Castile, who was doing nothing wrong when he was killed in Minnesota last year by a nervous police officer. And it’s true if you’re a white woman, like nurse Alex Wubbels, who was seen in a viral video last week being roughed up and arrested by a Utah detective for simply doing her job. The fake fear people seem to have little interest in addressing this problem.

The FBI’s weak, self-reporting system that has been the only way to track this was called “embarrassing and ridiculous” by fired FBI director James B. Comey.

Fake fear: Muslims in America. Trump’s attempts at a travel ban, fulfilling his campaign promise of a “total and complete shutdown of Muslims entering the United States” have reinforced a growing and misplaced Islamophobia throughout our country. We’ve seen the fake-fear sentiment in workplaces, in small-town councils trying to mess with mosques that have been peaceful and unnoticed for years, and I even saw it one of my sons’ sports teams this summer.

The truth is, from 2008 to 2016, right-wing extremists carried out twice as many terrorist attacks on U.S. soil than Islamist extremists, according to a recent report from The Nation Institute’s Investigative Fund and The Center for Investigative Reporting’s Reveal.

Real Fear: White supremacists in America. The FBI and Department of Homeland Security issued a joint intelligence bulletin that said white supremacists “were responsible for 49 homicides in 26 attacks from 2000 to 2016 … more than any other domestic extremist movement.”

They issued this statement just a couple months before the protests in Charlottesville, where an avowed Nazi sympathizer was arrested after a car drove into a crowd, killing 32-year-old Heather Heyer and injuring 19 others. There is no mistaking that was real.

We deserve real care and real concern from our leaders when it comes to real fears. There’s no shortage of them.

Let’s start by calling out #FakeFears when we see them. Washington is full of those these days, too.

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Dvorak succinctly captures what White Nationalist governance and propaganda is all about: fear, loathing, lies. Too cowardly to address real problems because that might offend the “White Nationalist base” that put and keeps them in power.

PWS

09-08-17

TRUMP ADMINISTRATION LOSES AGAIN ON TRAVEL BAN 2.0. — 9th Circuit Sides With Plaintiffs, District Court!

http://abcnews.go.com/Politics/wireStory/appeals-court-grandparents-part-trumps-travel-ban-49689664

ABC News reports:

 

By GENE JOHNSON, ASSOCIATED PRESS
SEATTLE — Sep 7, 2017, 6:37 PM ET
Email
A federal appeals court on Thursday rejected the Trump administration’s limited view of who is allowed into the United States under the president’s travel ban, saying grandparents, cousins and similarly close relations of people in the U.S. should not be prevented from coming to the country.

ADVERTISEMENT

The unanimous ruling from three judges on the 9th U.S. Circuit Court of Appeals also said refugees accepted by a resettlement agency should not be banned. The decision upheld a ruling by a federal judge in Hawaii who found the administration’s view too strict.

“Stated simply, the government does not offer a persuasive explanation for why a mother-in-law is clearly a bona fide relationship, in the Supreme Court’s prior reasoning, but a grandparent, grandchild, aunt, uncle, niece, nephew, or cousin is not,” the ruling said.

The U.S. Supreme Court said in June that President Donald Trump’s 90-day ban on visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen can be enforced pending arguments scheduled for October. But the justices said it should not apply to visitors who have a “bona fide relationship” with people or organizations in the U.S., such as close family ties or a job offer.

The government interpreted such family relations to include immediate family members and in-laws, but not grandparents, cousins, aunts and uncles. The judge in Hawaii overruled that interpretation, expanding the definition of who can enter the country to the other categories of relatives.”

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Read the complete story at the link.

Not very surprising. The Trump Administration continues to undermine the rule of law to advance their bogus agenda on security and terrorism.

PWS

09-07-17

TRUMP HELPING TO ENABLE FAMINE THAT THREATENS LIVES OF MILLIONS!

https://www.washingtonpost.com/opinions/global-opinions/how-trump-is-enabling-famine/2017/08/20/f687dda2-835d-11e7-902a-2a9f2d808496_story.html?hpid=hp_no-name_opinion-card-d%3Ahomepage%2Fstory&utm_term=.69ae0886ac93

Jackson Diehl writes in the Washington Post:

“That’s where the real responsibility of President Trump lies, too. His pathological need to focus attention on himself has created the vortex into which public discourse on vital issues such as this disappears. But his larger offense has been his love affair with the despotic regimes of Saudi Arabia and the United Arab Emirates, which are largely responsible for creating — and perpetuating — the food and cholera crises in Yemen.

The problem is this: About 90 percent of food and medicine for Yemenis is imported through a seaport, Hodeida, which is controlled by Yemeni rebels against whom the Saudis and their allies have unsuccessfully waged war for the past 2½ years. In the name of enforcing an arms embargo, the Saudis have blockaded Hodeida from the sea and also forced the closure of the international airport in the capital, Sanaa. Ships carrying food and approved by the U.N. are supposed to be allowed to dock, but in practice are often held up by the Saudis.

The result, says Joel Charny of the Norwegian Refugee Council USA, is that the Yemen crisis “is not about aid or aid dollars.” It’s about the blockade — and the Trump administration is complicit. It is backing the Saudi war effort with intelligence and military supplies and, says Charny, “failing to pressure the Saudis to do basic things that would remediate the situation.”

 

Two weeks ago, the U.N. Security Council finally took action on this problem, unanimously adopting a statement calling on “all parties” to “facilitate access for essential imports of food.” U.S. Ambassador Nikki Haley issued her own broadside, saying that “we must hold governments and armed groups blocking access accountable.” Unfortunately, as Charny puts it, “that is not actually U.S. policy, if you look objectively at what is going on.” In fact, Trump is, in more ways than one, enabling famine.”

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Read the complete story at the link.

Just another day at the office for a President who lacks compassion and can’t take responsibility for the consequences.

PWS

08-20-17

 

BREAKING: SPLIT DECISION — SUPREMES SAY YES TO GRANDPARENTS, DEMUR ON REFUGEES (FOR NOW)!

Here’s the report from NPR News:

Merrit Kennedy, reporting:

“The Supreme Court has upheld parts of a lower court order that had widened the definition of which citizens from the six Muslim-majority countries covered by the Trump administration’s travel ban are still eligible to travel to the U.S.

The order issued Wednesday leaves in place the action of a U.S. District Court judge in Hawaii who broadened the definition of close family to include categories such as the grandparents and cousins of a person in the U.S.

However, the Supreme Court blocked another part of the lower court order that said citizens with formal assurances from a U.S. refugee resettlement agency are eligible.

Since the travel ban was introduced, defining which citizens from the six countries are exempt has been redefined multiple times.

Last month, as we reported, the Supreme Court ruled that parts of the Trump administration’s ban can take effect while the justices prepare to hear oral arguments on the case later this year.

But the court said people from the six countries — Iran, Libya, Somalia, Sudan, Syria and Yemen — can be exempted from the ban if they have a “bona fide relationship” with a person in the U.S., including close family members.

The legal question here is centered on how to define a “bona fide relationship.” As we reported, the Trump administration argued that assurances from a refugee agency are “not sufficient” to constitute this relationship.

However, the judge in Hawaii rejected this argument. “An assurance from a United States refugee resettlement agency, in fact, meets each of the Supreme Court’s touchstones: it is formal, it is a documented contract, it is binding, it triggers responsibilities and obligations,” District Court Judge Derrick Watson wrote. “Bona fide does not get any more bona fide than that.”

The Supreme Court justices, however, stayed that portion of the judge’s order without elaborating. It sent the case back to the 9th U.S. Circuit Court of Appeals for a ruling. The Trump administration had asked the high court to settle the dispute, leapfrogging the 9th Circuit, which the justices denied without comment.

The order said Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have stayed the entire lower court order, including the broadening of close family categories.

Naureen Shah, Amnesty International USA senior director of campaigns, stated that Wednesday’s order “jeopardizes the safety of thousands of people across the world including vulnerable families fleeing war and violence.”

Earlier this week, the State Department released new instructions to U.S. embassies and consulates to implement the Hawaii federal court’s order expanded definition of close family to include grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts and uncles, nephews and nieces, and cousins.”

Here is link to copy of the brief per curium order:

https://www.supremecourt.gov/orders/courtorders/071917zr_o7jp.pdf

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Six Justices of the Court appear ready to “just say no” to some parts of the “blanket ban” on the current record. However, they obviously deem “refugees” a closer case, leaving that for the Ninth Circuit to review first. So, there is still a chance that refugees ultimately will prevail. But, as I’ve said many times before, it’s one of the worst times in recent history to be a refugee.

PWS

07-19-17

 

TRUMP ADMINISTRATION ASKS SUPREMES TO INTERVENE (AGAIN) IN TRAVEL BAN CASE!

http://www.huffingtonpost.com/entry/trump-supreme-court-travel-appeal_us_596980fde4b017418627ad08

HuffPost reports:

“The U.S. Justice Department on Friday asked the Supreme Court to block a judge’s ruling that prevented President Donald Trump’s travel ban from being applied to grandparents of U.S. citizens and refugees already being processed by resettlement agencies.

In a court filing, the administration asked the justices to overturn Thursday’s decision by a U.S. district judge in Hawaii, which limited the scope of the administration’s temporary ban on refugees and travelers from six Muslim-majority countries.

The latest round in the fight over Trump’s March 6 executive order, which he says is needed for national security reasons, came after the Supreme Court intervened last month to partially revive the two bans, which were blocked by lower courts.

The Supreme Court said then that the ban could take effect, but that people with a “bona fide relationship” to a U.S. person or entity could not be barred.

The administration had narrowly interpreted that language, saying the ban would apply to grandparents and other family members, prompting the state of Hawaii to ask Hawaii-based U.S. District Judge Derrick Watson to expand the definition of who could be admitted. He ruled for the state late on Thursday.

In the court filing, the Justice Department said the judge’s ruling “empties the (Supreme) Court’s decision of meaning, as it encompasses not just “close” family members but virtually all family members.

The conservative-leaning Supreme Court is not currently in session but the justices can handle emergency requests. The administration’s application could be directed either to Justice Anthony Kennedy, who has responsibility for emergency requests from western states, or to the nine justices as a whole. If the court as a whole is asked to weigh in, five votes are needed to grant such a request.

“The truth here is that the government’s interpretation of the Supreme Court’s stay order defies common sense,” said Omar Jadwat, a lawyer with the American Civil Liberties Union involved in challenging the ban. “That’s what the district court correctly found and the attorney general’s misleading attacks on its decision can’t change that fact.”

In his decision, Watson harshly criticized the government’s definition of close family relations as “the antithesis of common sense.”

Watson also ruled that the assurance by a resettlement agency to provide basic services to a newly arrived refugee constitutes an adequate connection to the United States because it is a sufficiently formal and documented agreement that triggers responsibilities and compensation.”

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Read the complete article at the link.

Wow, for a group that despises and disses Federal Judges on a regular basis, the Trumpsters seem to be always calling on them for help!

Hard to see what the “emergency” would be that can’t wait till October.

PWS

07-14-17