🤯 “DESPERATE PEOPLE DO DESPERATE THINGS!”

Rebecca Santana
Rebecca Santana
Homeland Security Reporter
Associated Press
PHOTO: AP

https://www.theitem.com/stories/biden-and-congress-consiering-big-changes-on-immigration,408794

REBECCA SANTANA

Associated Press

WASHINGTON (AP) – President Joe Biden is taking a more active role in Senate negotiations about changes to the immigration system that Republicans are demanding in exchange for providing money to Ukraine in its fight against Russia and Israel for the war with Hamas.

The Democratic president has said he is willing to make “significant compromises on the border” as Republicans block the wartime aid in Congress. The White House is expected to get more involved in talks this week as the impasse over changes to border policy has deepened and the money remaining for Ukraine has dwindled.

Republican Sen. James Lankford of Oklahoma, who is leading the negotiations, pointed to the surge of people entering the U.S. from Mexico and said “it is literally spiraling out of control.”

But many immigration advocates, including some Democrats, say some of the changes being proposed would gut protections for people who desperately need help and would not really ease the chaos at the border.

Connecticut Sen. Chris Murphy, the top Democratic bargainer, said the White House would take a more active role in the talks. But he also panned Republican policy demands so far as “unreasonable.”

. . . .

Critics say the problem is that most people do not end up getting asylum when their case finally makes it to immigration court. But they say migrants know that if they claim asylum, they essentially will be allowed to stay in America for years.

“People aren’t necessarily coming to apply for asylum as much to access that asylum adjudication process,” said Andrew Arthur, a former immigration court judge and fellow at the Center for Immigration Studies, which advocates for less immigration in the U.S.

Some of what lawmakers are discussing would raise the bar that migrants need to meet during that initial credible fear interview. Those who do not meet it would be sent home.

But Paul Schmidt, a retired immigration court judge who blogs about immigration court issues, said the credible fear interview was never intended to be so tough. Migrants are doing the interview soon after arriving at the border from an often arduous and traumatizing journey, he said. Schmidt said the interview is more of an “initial screening” to weed out those with frivolous asylum claims.

Schmidt also questioned the argument that most migrants fail their final asylum screening. He said some immigration judges apply overly restrictive standards and that the system is so backlogged that it is hard to know exactly what the most recent and reliable statistics are.

. . . .

WHAT MIGHT THESE CHANGES DO?

Much of the disagreement over these proposed changes comes down to whether people think deterrence works.

Arthur, the former immigration court judge, thinks it does. He said changes to the credible fear asylum standards and restrictions on the use of humanitarian parole would be a “game changer.” He said it would be a “costly endeavor” as the government would have to detain and deport many more migrants than today. But, he argued, eventually the numbers of people arriving would drop.

But others, like Schmidt, the retired immigration court judge, say migrants are so desperate, they will come anyway and make dangerous journeys to evade Border Patrol.

“Desperate people do desperate things,” he said.

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

Ignoring both the powerful forces that drive human migration and folks who actually work with migrants at the border and in foreign countries seems like a totally insane way to “debate policy.” But, then, whoever said this “nativist-driven debate” on enhanced cruelty, dismantling the rule of law, and de-humanization is rational?

You can read Rebecca’s full article, with an “accessible” explanation of what’s at stake and what’s being proposed at the above link.

🇺🇸 Due Process Forever!

PWS

12-14-23

☠️⚰️🤮⚠️ DEMS MUST PREPARE FOR AN UNRELENTING DOSE OF THE “BIG LIE” ABOUT “OPEN BORDERS” FROM GOP WHITE NATIONALISTS — Don’t Expect Much Help Or Honest Reporting From The So-Called “Mainstream Media!” — “Loud fantasies are expansively covered, while life-and-death stories, like those of that infant and her mother, are seldom reported and, if they are, quickly disappear,” Says The Border Chronicle! — “Roger That!” 

Border Death
This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

 

Todd Miller
Todd Miller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

https://open.substack.com/pub/theborderchronicle/p/the-open-border-farce?r=330z7&utm_medium=ios&utm_campaign=post

The “Open Border” Farce

In 2023, there were record contracts for private industry on the world’s deadliest land border.

TODD MILLER
NOV 9

This article is a collaboration between The Border Chronicle and TomDispatch, a great outlet which has been looking at U.S. foreign policy, the military industrial complex, the “forever wars,” climate change, and many other topics since 2001.

On September 23rd, at about 2:30 a.m., a Border Patrol surveillance camera captured two people crossing the international boundary between Mexico and the United States on the outskirts of Nogales, Arizona. A Border Patrol vehicle arrived quickly, but not before one of them had fled back into Mexico. When an armed agent stepped out, dressed in a forest-green uniform, he found a 16-year-old girl from Mexico softly crying, while holding her month-old baby swaddled in a blanket.

The agent commanded her to get in the vehicle. As they then drove to the Nogales Border Patrol station, the girl, he later reported, tried to speak to him in Spanish through the security partition that separated them. Her tiny daughter, she was telling him, was in distress. Cameras showed that the vehicle stopped for all of 10 seconds before continuing. The agent later claimed he couldn’t understand what she was saying and that he wanted to find a fluent Spanish speaker at the station. He didn’t realize, he insisted, that the infant was struggling to breathe, though the child soon died.

This hellish story of suffering at our border is but one of hundreds of similar tales of horror from 2023. They illustrate a fundamental truth about that border: it neither is, nor ever was, an “open” one in the Biden years, nor does the president faintly have an open-border policy, though prepare yourself to hear otherwise — over and over again — in Trumpublican campaign ads next year. They’ll repeat what party officials are already saying all too repetitively: that “President Biden’s radical open borders policies” have created “the worst border crisis in American history.” (While those are the exact words of House Oversight Committee chair James Comer, similar sentiments are already being offered by countless members of the GOP.)

Comer’s claim is, of course, no less predictable than the hardships migrants like that girl are suffering as they try to reach this country. While such border narratives traffic in the unreal, what is real either isn’t effectively reported or gets lost amid all the politically motivated noise. Loud fantasies are expansively covered, while life-and-death stories, like those of that infant and her mother, are seldom reported and, if they are, quickly disappear.

Barely a week before that 16 year old was desperately trying to communicate to the agent in Spanish, the United Nations International Organization for Migration (IOM) labeled the U.S.-Mexico border the world’s “deadliest migration land route.” In 2022, a record 853 remains of dead border crossers were recovered (and this is the U.S. Border Patrol’s figure, which is even higher than the IOM’s), dwarfing the record of 568 set the previous year. Such numbers, the IOM stresses, are known to be distinct undercounts, leaving all too many families pining for lost loved ones.

But those border fatalities weren’t the only record breaker. Another was confirmed just a week after medical personnel at the Nogales station rushed to treat that girl’s baby. The number of border contracts issued to private industry also set a new record. Like those deaths, such contracts soared in fiscal year 2023 to $9.96 billion, instantly stripping the previous high, also set last year, of $7.5 billion.

And mind you, those gifts to industry were made from the highest budget ever (including in the Trump years) for border and immigration enforcement: $29.8 billion. So, don’t for a second think that the U.S. has an “open” border.  In fact, it’s never been more fortified or — something few even bother to mention — more profitable, if you happen to be part of the border-industrial complex.

. . . .

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

Read the full article at the link. 

Maybe it’s because the victims are “only migrants, mostly people of color” and therefore not considered to be “real human beings” by some in the media; maybe it’s because getting the real story about the border requires intensive digging, intellectual expertise, and perhaps some danger; maybe it’s because editors are in search of alarmist “sky is falling” myths about the “border apocalypse” to attract readers, viewers, and “online hits;” maybe it’s because of a false belief that truth is “boring” and “doesn’t sell!”  

For whatever reason, the non-Fox networks (Fox is a primary purveyor of the “Big Lie” and the “Open Borders Fantasy”) and “mainstream media” do a really poor job on border reporting.

Those with even a passing familiarity with “talking heads” are no-doubt familiar with claims from nativist GOP politicos, righty reporters, and even some Dems about the mythical a “open borders!” None of these folks have recent experience helping asylum seekers trying to exercise their legal rights under domestic laws, international treaties, and our Constitution in a border system specifically designed to “discourage and deter” them, rather than identify and promptly grant the many legally sufficient claims for protection. 

By contrast, when is the last time you saw real experts — folks like Clinical Professor Steve Yale-Loehr, former Deputy UNHCR and Georgetown Law Dean Alex Aleinikoff, CGRS Director Karen Musalo, HRF Refugee Programs Director Eleanor Acer, UC Davis Law Dean Kevin Johnson, NIJC Executive Director Mary Meg McCarthy, Immigrant Defenders Executive Director Lindsay Toczylowski, Rep. Hillary Scholten (D-MI) or any of the other huge numbers of highly articulate, well-recognized, “hands on practical experts” on human rights and asylum appear on the “talking heads” to throw some truth and real light on this important, nearly totally misunderstood and intentionally misconstrued, issue that GOP nativists have thrust to the forefront of the 2024 campaign?

Meanwhile, Dems should NOT be “running away” from the realities and essential benefits provided by robust immigration and the cruel wastefulness and immorality of Trumps’s proposed neo-Nazi “crackdown” on all forms of migration (although, disgracefully, some Dems are doing exactly that, thus playing into the hands of GOP nativists for absolutely NO return).

Simon Rosenberg
Simon Rosenberg
Veteran U.S. Political Analyst
Hopium
PHOTO: Substack

Here are some ideas from Simon Rosenberg at Hopium on Substack on how Dems can make immigration a centerpiece for success in 2024:

Trump Goes To War Against Immigration and Immigrants – It’s Another Big 2024 Problem For Republicans – Here at Hopium we talk about how “Abortion and Treason” will make it very hard for Republicans to win in 2024. It’s possible Trump is now adding a third item to that rancid list – mass deportation. From a new NYT article, Sweeping Raids, Giant Camps, and Mass Deportations: Inside Trump’s 2025 Immigration Plans:

Former President Donald J. Trump is planning an extreme expansion of his first-term crackdown on immigration if he returns to power in 2025 — including preparing to round up undocumented people already in the United States on a vast scale and detain them in sprawling camps while they wait to be expelled.

The plans would sharply restrict both legal and illegal immigration in a multitude of ways.

Mr. Trump wants to revive his first-term border policies, including banning entry by people from certain Muslim-majority nations and reimposing a Covid 19-era policy of refusing asylum claims — though this time he would base that refusal on assertions that migrants carry other infectious diseases like tuberculosis.

He plans to scour the country for unauthorized immigrants and deport people by the millions per year.

To help speed mass deportations, Mr. Trump is preparing an enormous expansion of a form of removal that does not require due process hearings. To help Immigration and Customs Enforcement carry out sweeping raids, he plans to reassign other federal agents and deputize local police officers and National Guard soldiers voluntarily contributed by Republican-run states.

To ease the strain on ICE detention facilities, Mr. Trump wants to build huge camps to detain people while their cases are processed and they await deportation flights. And to get around any refusal by Congress to appropriate the necessary funds, Mr. Trump would redirect money in the military budget, as he did in his first term to spend more on a border wall than Congress had authorized.

In a public reference to his plans, Mr. Trump told a crowd in Iowa in September: “Following the Eisenhower model, we will carry out the largest domestic deportation operation in American history.” The reference was to a 1954 campaign to round up and expel Mexican immigrants that was named for an ethnic slur — “Operation Wetback.”

The constellation of Mr. Trump’s 2025 plans amounts to an assault on immigration on a scale unseen in modern American history. Millions of undocumented immigrants would be barred from the country or uprooted from it years or even decades after settling here.

Such a scale of planned removals would raise logistical, financial and diplomatic challenges and would be vigorously challenged in court. But there is no mistaking the breadth and ambition of the shift Mr. Trump is eyeing.

Despite being inhumane and jawdroppingly cruel, this plan is now a major political problem for an already struggling Republican Party for at least three main reasons:

Raids and Mass Deportations Are Deeply Unpopular – We have decades of polling on the forced removal of the 10m+ undocumented immigrants (almost all of whom are employed and pay taxes) in the US, and it is wildly unpopular, perhaps even more so than “abortion bans.” One example – in the 2016 exit polls, in the election that gave Trump the Presidency, the American people choose “offer legal status” to “deported to home country” 70%-25%. Republicans may have a slight advantage on immigration issue right now, but mass deportation is seen as an extreme position by the American people (rightly so). It was so unpopular that the anti-immigration movement dropped mass deportation as a goal, moving to the softer “attrition through enforcement,” or “self-deportation,” political strategy more than a decade ago.

Trump’s plan is another sign of how extremism and extremists have overtaken the party of Lincoln and Reagan.

As I document here, since 2005, when the national Republican Party began adopting a far harder line on immigration (Reagan, W. Bush and McCain were all immigration reformers), the 4 battleground states of the Southwest, AZ/CO/NM/NV, have drifted away from the Republican Party, becoming far bluer. In the last 2 elections we’ve seen the best Democratic performance in that region since the 1940s and 1950s, and a reminder that Biden got within 5 points of Trump in Texas in 2020. In the heavily Mexican-American parts of the country in particular raids and mass deportations are wildly unpopular.

It Was A Plan Like This That Caused The Big Hispanic Protests Across the US in 2006 – In 2005 the Republican House of Representatives bucked their President, George W. Bush, and passed a bill that called for the rounding up and mass deportation of the 11m undocumented immigrants in the country. It was the moment when the party of the Sun Belt and the West went from pro-immigration to deeply restrictionist. Over the next year huge protests against this bill and mass deportation erupted across the US, and Republicans became so spooked that we were able to pass a “comprehensive immigration reform” bill through a Republican Senate in 2006. That bill, like the 2013 immigration reform bill we passed through the Senate, was never taken up by the Republican House and it died.

But those protests did something important politically – after years of Republican gains with Hispanics under W. Bush, Hispanics ran back into the arms of Democrats in 2006 and they have essentially stayed there ever since. In the 2006 midterms Democrats won 69% of the Hispanic vote, among our best performances in recent decades.

In the four Presidential elections leading up to 2006 Democrats averaged 47% of the vote, and in 2004 we lost AZ/CO/NM/NV. In the four Presidential elections since 2006 Democrats have averaged 51% and in 2020 we won AZ/CO/NM/NV at the Presidential level for the first time since 1940. As the Hispanic population has grown across the US and in these states, our net vote margin with Hispanic voters keeps increasing, even if we lose a few points in vote share. As I show here, in 2004 the net Hispanic vote margin for Democrats was about 700,000 votes nationally, meaning we won 700,000 more Hispanic votes nationally than Republicans. In 2020 that number was at least 4.5m net votes across the US, with this same dynamic playing out in each state with large Hispanic populations (except Florida of course).

My instinct is that whatever advantage Republicans had on immigration, and whatever small gains they had made with Hispanic voters in recent years, is now gone.

This Plan Will Wreck The American Economy – In a time of existing wide scale worker shortages, removing 10-15m workers from the American economy in a short period of time would be national economic suicide, and will be seen that way by the business community in DC and in the battleground states. It’s just totally insane and extremist policy no matter how you look at it, and I think it could become as much of a drag on the GOP brand as abortion is now.

For a party which has lost the popular vote in 7 of the last 8 elections, lost the popular vote to Democrats 51%-46% over the past 4, lost the 2018/2019/2020/2022 and 2023 elections, has deep performance issues across the country even in red states since Dobbs, embracing mass deportations seems like a colossal political error.

It is another reason why I think our goal in 2024 should be not just to win, but to really go on offense, get to 55, and make this election an historic repudiation of the worst and most dangerous political party in our history. We can do this people!

Onward/Adelante – Simon

Thank you for reading Hopium Chronicles By Simon Rosenberg. This post is public so feel free to share it.

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It’s critical to remember that migrants aren’t the ONLY target of Trump’s neo-Nazism — they might not even be the primary ones! You can guarantee that many US citizens and lawfully present non-citizens of color will be caught up in the dragnet and sent off to deportation concentration camps where due process is non-existent. 

Others will simply avoid certain public places and activities for fear of being accosted. Still others will be forced underground because of fear of drawing attention to undocumented relatives or neighbors. Some U.S. citizens will fear voting, which indeed is a key part of the GOP plan to cement their “out of the mainstream” minority rule by suppressing suffrage! As those of us who adjudicated asylum claims know, many will fear reporting abuses or asserting rights to police who openly identify with their oppressors. Fear, despair, distrust, and resignation are key pillars of any authoritarian regime!

It’s attack on all people of color in America and those who might speak with an accent or dress differently from the GOP’s “White Christian Nationalist norms.” 

How many of us carry around documentation proving that our parents were U.S. citizens? Notably, although occupational status is often menioned on U.S. birth certificates, citizenship status is NOT. It’s not hard to guess who will be “required” to “document” their parents’ citizenship by Trump’s internal security police!

Trump and the GOP are an existential threat to U.S. democracy, human progress, and American leadership on the world stage. Don’t let them destroy OUR country and take away YOUR rights!

🇺🇸 Due Process Forever!

PWS

11-14-23

☠️🤮🤯 ‼️🆘 WARNING: TRUMP GOES “FULL HITLER” IN HATEFUL, UNHINGED VETERANS’ DAY RANT! — Why Aren’t The “Mainstream Media” & U.S. Voters Takng This Assault On Humanity, Decency & Democracy Seriously! 🤯

Hitler
How soon we forget the horrors of 1939, at our own peril!
Public Realm

https://www.washingtonpost.com/politics/2023/11/12/trump-rally-vermin-political-opponents/

By Marianne LeVine

November 12, 2023 at 5:45 p.m. ET

Former president Donald Trump denigrated his domestic opponents and critics during a Veterans Day speech Saturday, calling those on the other side of the aisle “vermin” and suggesting that they pose a greater threat to the United States than countries such as Russia, China or North Korea. That language is drawing rebuke from historians, who compared it to that of authoritarian leaders.

“We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections,” Trump said toward the end of his speech, repeating his false claims that the 2020 election was stolen. “They’ll do anything, whether legally or illegally, to destroy America and to destroy the American Dream.”

Trump went on further to state: “the threat from outside forces is far less sinister, dangerous and grave than the threat from within. Our threat is from within. Because if you have a capable, competent, smart, tough leader, Russia, China, North Korea, they’re not going to want to play with us.”

The former president’s speech in Claremont, N.H., echoed his message of vengeance and grievance, as he called himself a “very proud election denier” and decried his legal entanglements, once again attacking the judge in a New York civil trial and re-upping his attacks on special counsel Jack Smith. In the speech, Trump once again portrayed himself as a victim of a political system that is out to get him and his supporters.

Yet Trump’s use of the word “vermin” both in his speech and in a Truth Social post on Saturday drew particular backlash.

“The language is the language that dictators use to instill fear,” said Timothy Naftali, a senior research scholar at Columbia University’s School of International and Public Affairs. “When you dehumanize an opponent, you strip them of their constitutional rights to participate securely in a democracy because you’re saying they’re not human. That’s what dictators do.”

Ruth Ben-Ghiat, a historian at New York University, said in an email to The Washington Post that “calling people ‘vermin’ was used effectively by Hitler and Mussolini to dehumanize people and encourage their followers to engage in violence.”

“Trump is also using projection: note that he mentions all kinds of authoritarians ‘communists, Marxists, fascists and the radical left’ to set himself up as the deliverer of freedom,” Ben-Ghiat said. “Mussolini promised freedom to his people too and then declared dictatorship.”

. . . .

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

Doubt the comparison? Check this out:

Nazi propaganda and “vermin”

In 1942, Adolf Hitler described Jews living in Germany as an “inferior race that multiplies like vermin.”

“The Nazis dehumanized the Jews. Nazi propaganda is replete with references to Jews as vermin, rats or parasites,” according to Harriet Over, a researcher in psychology at the University of York.

We are still creating [monsters]. We see it in … Russian attitudes toward Ukrainians, in Hindu Islamophobia, and in American racism against Black people,” psychologist David Livingstone, a professor at the University of New England in Maine, told EL PAÍS.

It wasn’t just Germany.

In 1909, a U.S. satirical magazine, Puck, published a cartoon that showed Uncle Sam as a pied piper leading a group of immigrants from Europe. The immigrants were rats. Sending them off: smiling, well-dressed White men.

. . . .

https://themoderatevoice.com/trump-channels-hate-and-hitler-in-veterans-day-speech-tells-supporters-those-others-are-vermin/

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

I appreciate that Marianne LeVine of WashPost was one of the few “mainstream journalists” with the guts to make the painfully obvious connection and comparison between Trump’s insane threats and Hitler, Mussolini, and other horrible dictators!

Marianne LeVine
Marianne LeVine
Political Reporter
Washington Post
PHOTO: WashPost

Even so, it was only “page 2” news in today’s Post, apparently being of far less concern to her editors than the plans of Middle Eastern countries to “upend global sports!” Harkens back to 1936, when participating in Hitler’s “Aryan Showcase Olympics” was more important to the U.S. and other Western Democracies than protesting and condemning Hitler’s ongoing persecution of Jews!

There was a time in the not too distant past when use of racist, neo-Nazi language like Trump’s would have earned an immediate forceful condemnation from politicians across the political spectrum, from the media, and would have ended a candidacy. Now, it’s “just another day at the office.” Hate, lies, racism, and threats by a powerful national politician, a former President no less, cause barely a ripple in our national political dialogue. Not even front page news! Not covered at all by most “legitimate” news outlets! Yet the threat to our nation is real! Very real!

And, in case anyone still doubts the existential threat to American democracy and civilization itself posed by Trump and his anti-American followers, his “plans” include politicization of government, economic chaos, increasing global warming, and destabilization of the U.S. and world economies. See, e.g., http://enewspaper.latimes.com/infinity/article_share.aspx?guid=019284ab-7357-40c1-91c7-112654eb687a.

Deranged, false claims of being a “victim,” turning vengeance into a “holy quest,” dehumanizing enemies, uber race-based nationalism, presenting personal grievances as national priorities, and complete disregard for the common good were staples of Hitler’s National Socialism as they are of Trumpism! The question remains whether the U.S. will be able to stand up for democracy, reject Trumpism, and prevent a return to the horrific time of 1939! See alsohttps://immigrationcourtside.com/just-say-no-to-1939-how-judges-can-save-lives-uphold-the-convention-and-maintain-integrity-in-the-age-of-overt-governmental-bias-toward-refugees-and-asylum-seekers/.

🇺🇸 Due Process Forever!

PWS

11-13-23

🏴‍☠️☠️ THE RIGHT IS AN EXISTENTIAL THREAT TO AMERICA! — TRUMP, HENCHMEN, PLANNING “NAZIFACATION” INCLUDING CONCENTRATION CAMPS, MASS DEPORTATIONS, SUSPENSION OF CONSTITUTION, STRIPPING CITIZENSHIP! – Immigrants & Muslims Will Be First Targets, But Not Last!

Concentration Camp
Gate at Dachau
Creative Commons
Trump and his White Nationalist supporters have a grim, dark vision of America’s future! Will this be the end of our democracy?

Steve Schmidt on Substack:

https://open.substack.com/pub/steveschmidt/p/when-fascism-comes-to-america-it?r=330z7&utm_medium=ios&utm_campaign=post

Christian nationalism is a grave threat to the United States and the American republic. There should be no ambiguity or dullness when it comes to understanding what it is — no matter how benign it may present itself. It is what lurks beyond the veneer that is terrifying. There, the evil is revealed and manifested.

The dogma is a perversion of Christ’s teachings that is antithetical to Christianity. More importantly, Christian nationalism is utterly opposed to democracy. Theocrats despise the United States. God‘s laws are beyond the reach of the American state, and Christianity is but one religion in the beautiful mosaic of American faith.  It should always be noted that 600 generations of humans worshipped freely on the North American continent before the first European Christians came and killed them.

The US Constitution is the law of the land in the United States. Within it are the protections that safeguard our liberty. The freedoms of speech, dissent, conscience, worship and expression shall stand untroubled for as long as the great republic endures. We are within one calendar year of its possible end. We have arrived at a moment of grave crisis that cannot be ignored. The abyss that looked distant seven years ago is at hand.

Christian nationalism is incompatible with American democracy and pluralism. When political extremists take power in the name of God there is always death. Always.

I was pleased to participate in “American Theocracy: The Rise of Christian Nationalism,” a documentary released in January 2023. Please watch this clip below. I have shared it before, but the fire keeps building.

The separation of church and state and religious freedom are profoundly important foundational achievements of the American republic. The extremists who seek power in God’s name are not benign men and women. They won’t be deterred by setbacks in Ohio and other places. They are on the march, and they are demanding power whether it is handed to them or not.

I want you to read these words from yesterday’s The New York Times that make clear Donald Trump’s plans:

Former President Donald J. Trump is planning an extreme expansion of his first-term crackdown on immigration if he returns to power in 2025 — including preparing to round up undocumented people already in the United States on a vast scale and detain them in sprawling camps while they wait to be expelled.

The plans would sharply restrict both legal and illegal immigration in a multitude of ways.

Mr. Trump wants to revive his first-term border policies, including banning entry by people from certain Muslim-majority nations and reimposing a Covid 19-era policy of refusing asylum claims — though this time he would base that refusal on assertions that migrants carry other infectious diseases like tuberculosis.

He plans to scour the country for unauthorized immigrants and deport people by the millions per year.

To help speed mass deportations, Mr. Trump is preparing an enormous expansion of a form of removal that does not require due process hearings. To help Immigration and Customs Enforcement carry out sweeping raids, he plans to reassign other federal agents and deputize local police officers and National Guard soldiers voluntarily contributed by Republican-run states.

Let’s call these giant detention and deportation camps what they are intended to be. These are concentration camps. Specifically, they are to be American concentration camps. Dachau was the Nazis’ first camp in Germany.

What will the first American camp look like? There will no doubt be a first, and it will likely be the first to house the political prisoners rounded up under Trump’s invocation of the Insurrection Act. He has promised to invoke it at the instant he returns to power.

Please understand this: Trump is announcing his intentions. He means it. He is surrounded by scores of “little Eichmanns” ready to help him achieve his aims. He should be taken literally and seriously at all times.

The Speaker of the House of Representatives Mike Johnson is second in line to the presidency. He rejects the greatest American idea in history, which is the separation of church and state. The greatest American invention — the peaceful transition of power — is utterly dependent on the separation of church and state in this country.

Johnson denied the 2020 election results, lied about the election results, created the conditions for the insurrection of January 6th, voted to disenfranchise millions of Black votes after the insurrection and continues to insist Trump won the election, despite the claim being a combination of fraud, malice and weapons-grade nuttery. The hostility to democracy is deeply rooted within his religious fanaticism, which is unique amongst the various strains of fanatical faith that have always found a home in America because of our nation’s unique faith protections.

We have churches where people pick up rattlesnakes and kiss them to prove they are protected by God. Proof of sin is a bite to the face and a painful death. Bo and Peep of Heaven’s Gate convinced their followers that they were headed to the Hale-Bopp comet, and Jim Jones took his flock to doom in Guyana. There are cults and fundamentalists all over America, but there is only one strain that wants to control your life by controlling the powers of the state to administer God’s law. They are the American Taliban.

Mike Johnson has invented his own distorted version of history as if the events of the late 1780s-90s occurred 6,000 years ago.

The American Constitution is clear about the founders’ intentions and their descendants’ actions to preserve and expand those intentions. There is no room for theocracy in the American system. It was rejected at hour one. The desire to impose it on all of us by a man who believes people and dinosaurs co-existed at the beginning of time 6,000 years ago is never going to happen…or is it?

The most important thing to understand about theocrats is that they view political power as being mandated by God. In fact, many fanatics across America believe Donald Trump has been sent by him, and his opponents are demonically-inspired.

. . . .

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

We can’t ignore the very real threat that Trump and his GOP followers present to our democracy. Now is NOT the time for Democrats and independents to “go soft” on human rights and immigrants’ rights!

While not highlighted by Steve Schmidt (no relation) the NYT quote above, one of Trump’s initiatives will be to instruct Administration officials to violate the 14th Amendment by denying citizenship to those born in the U.S. based on their parents’ status! USG officials must take an oath to uphold the Constitution, but apparently Trump just plans to summarily fire any public servant who will not submit to his unconstitutional plan!

Those considering abandoning Biden because of his support for Israel should recognize the alternative — a rabidly anti-Muslim authoritarian bigot (who, ironically, has also been soft on those expressing anti-semitism and other purveyors of hate) who would happily try to punish them just for existing! See e.g., https://www.huffpost.com/entry/biden-gaza-israel-policy-trump-contrast_n_654eb574e4b0c9f246602f16.

Those who think that immigrants will be the only victims of Trump’s “Christian White Nationalism” should be clear about what the future would hold for almost all groups of “others” under his promised neo-fascist regime. See, e.g., https://www.huffpost.com/entry/trans-kids-flee-united-states-safety_n_654c44c7e4b088d9a74d2028.

It’s worth remembering that one of the first actions of Hitler’s Third Reich was to strip Jews of their German citizenship, a move that the complicit German judiciary approved and enthusiastically implemented! Who would have thought that nearly 90 years later, we would have a major American political party in thrall to a self-proclaimed fascist demagogue!

🇺🇸 Due Process Forever!

PWS

11-12-23

🇺🇸⚖️ ON THE 60TH ANNIVERSARY OF DR KING’S “DREAM SPEECH,” NDPA SUPERSTAR BREANNE J. PALMER RELEASES PART III OF HER “BLACK IMMIGRATION PRIMER:” MAGA America Seeks To Turn Back The Clock On Progress: “45 and his minions’ embrace of anti-Blackness and Islamophobia produced two Travel Bans that harmed hundreds of people.”

 

Breanne Justine Palmer, Esquire
Breanne Justine Palmer, Esquire
Senior Legal Policy Advisor
Senior Legal Policy Advisor
Democracy Forward
PHOTO: Linkedin

Breanne Justine Palmer, Esq.

Breanne Justine Palmer, Esq.

(She/Her) • 1st

(She/Her) • 1st

Advocate and Attorney Making Progressive Policy Accessible and Irresistible

Advocate and Attorney Making Progressive Policy Accessible and Irresistible

1d •

1d •

The following post is the final part of my 2017 Black Immigration Primer! I delve into the impact of former President Donald Trump’s early executive orders on Black immigrants, the consequences of which are still being felt today.

It seems like ages since 45 (the former President of the U.S.) issued a volley of executive orders affecting various areas of our lives. Here, I want to talk about the two versions of the Travel Ban (a.k.a. the #MuslimBan) and how they target Black immigrants, Muslim immigrants, and Black Muslim immigrants. The travel bans live at the intersection of anti-Blackness and Islamophobia.

First, some terms and their definitions. Anti-Blackness (also known as anti-Black racism) is what it sounds like: systems, policies, beliefs, and behaviors that are “resistant or antagonistic to Black people or their values or objectives.” We often see anti-Blackness in other communities of color. Some argue that assimilation into American culture is predicated on embracing anti-Blackness (in order to succeed in America, one must separate oneself from Black people and violently oppose Black people’s success). Islamophobia is a “dislike or prejudice against Islam or Muslims, especially as a political force.” It’s important that anti-Blackness and Islamophobia are not merely individual beliefs; they encompass power of the systemic kind. Anti-Blackness and Islamophobia result in harmful, deadly policies and wars.

It’s safe to say that 45 and his administration are a number of things (misogynistic, racist, unethical, evil, and so forth) but they are also distinctly anti-Black and Islamophobic. 45 and his minions’ embrace of anti-Blackness and Islamophobia produced two Travel Bans that harmed hundreds of people. Let’s discuss them in turn. Read more on my blog!

#blackimmigrants #muslimban #africanban #45 #xenophobia #islamaphobia #antiblackness

http://www.breannejpalmer.com/blog/black-immigration-primer-part-iii

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

Thanks Breanne!

Most recently, Black Americans in Jacksonville have reacted to Florida Gov. Ron DeSantis’s promotion of racism, guns, and White Nationalist myths. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjo1euz_IGBAxWBFVkFHXvnCdIQFnoECBYQAQ&url=https://www.npr.org/2023/08/28/1196305761/desantis-jacksonville-vigil-booed&usg=AOvVaw0S6ZRq1nLipLNzpK2reN_T&opi=89978449

It’s going to take more than $1 million in “security assistance” to a HBUC and $100k to victims’ families to cover up the far right GOP’s responsibility for promoting racism and hate crimes in America. And, the war on immigrants of color is a key part of the racism, Islamophobia, and misogyny that has found a home in the far right of today’s GOP! 

Indeed, as I have pointed out on many occasions, MAGA’s hate-fueled campaign to eliminate individual rights in America started with Trump’s lies and distortions targeting migrants of color from Mexico and elsewhere! That’s why Dems’ overall failure to engage with the GOP on immigration, and to vigorously and proudly defend migrants’ rights, has such tragic implications for American democracy!

🇺🇸 Due Process Forever!

PWS

08-2-23

🇺🇸 NATIVISTS’ SPITE STUNT CREATES OPPORTUNITY FOR AMERICAN HUMANITARIANS TO SHINE!🗽😎 As Biden Administration Bumbles & Fumbles On Resettlement, NGOs Step Up To Save The Day!

Theresa Vargas
Theresa Vargas
Reporter
Washington Post

Theresa Vargas @ WashPost:

https://www.washingtonpost.com/dc-md-va/2023/04/15/migrant-buses-year-later/

A year after Texas sent the first buses, this is clear: From a political stunt grew a network that now coordinates welcoming efforts across state lines

. . . .

When Abbot announced that he was sending the buses, many people across the country saw it for what it was: a political stunt. In a statement at the time, Abbot criticized the Biden administration as turning “a blind eye to the border crisis” and said, “Texas should not have to bear the burden of the Biden administration’s failure to secure our border.”

We can debate Abbot’s actions, and some of us undoubtedly will see a show of strength where others of us see a show of cruelty, but what is not debatable is what happened after those buses started arriving. People stepped up. From a political stunt grew a network of dedicated community members in D.C., New York and elsewhere who now coordinate across state lines to help migrants.

“What started it was no one else was going to do it,” said Madhvi Bahl, an organizer with the Migrant Solidarity Mutual Aid Network, a group of community members and organizations in the D.C. region dedicated to welcoming migrants. She said that because the city didn’t get involved until months after the buses started arriving, volunteers were on their own to greet arrivals, collect supplies and raise money to provide temporary housing.

. . . .

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

Read Theresa’s complete article at the link.

Once again, the Biden Administration failed to take leadership and to plan for the obvious. Some have suggested that leaving asylum seekers to be political pawns for GOP nativist governors was part of the Administration’s cruel and inept “border deterrence program” which they have substituted for competently administering asylum laws.

Not for the first time, NGOs and advocates have been left to pick up the pieces from the Administration’s failed immigration policies. Fortunately, these NGOs are more talented,  creative, and motivated than Administration politicos and bureaucrats. 

Rev. Craig Mousin
Rev. Craig Mousin
Ombudsperson
Refugee and Forced Migration Studies, Grace School of Applied Diplomacy
DePaul University
PHOTO: DePaul Website

Along the same lines as Theresa’s article, my friend and NDPA stalwart Rev. Craig Mousin reports similar successful responses in Chicago:  

I forgot to add one more item of good news that your talk suggested.  You mention the nativist driven bus rides from Arizona, Florida, and Texas.  We have had something remarkable happen in Chicago.  A group of five or six faith-based individuals and NGOS had been meeting prior to the bus trips to try and find housing for asylum-seekers.  That group, the Chicago Sanctuary Working Group (SWG) meets weekly.  It remains an informal group, but it now includes over 30 organizations and individuals.  It has found private housing for over 100 families or individuals along with case management for the social service needs while attempting to link them to attorneys from NIJC, CLINIC, other Chicago based groups as well in some cases helping to find funding to pay low bono AILA attorneys.   Housing has included individual families welcoming asylum-seekers into their homes for varied amounts of time, some temporary financial support, and some churches opening their doors.   In addition, it has received a grant and now rents a building housing about 15 families along with in premise social workers.  The national United Church of Christ gave it a small grant and they are hosting a Chicago-area breakfast on May 3 to encourage more congregations to open their doors or recruit individual families to offer asylum-seekers a room in their homes.   Almost completely volunteer-driven, it has been an amazing response to this difficult problem.  Full disclosure, my wife is on the steering committee, but the stories have been inspirational as a citizen-driven response to bad federal and state policies.

Think what could be accomplished with better Federal leadership and coordination! Why can’t the Biden Administration get its act together on social justice? 

🇺🇸 Due Process Forever!

PWS

04-18-23

📡📻 LISTEN TO MY INTERVIEW ON “TOP OF MIND WITH JULIE ROSE” NOW STREAMING ON SXM 143 & OTHER PLATFORMS: “S3 E5 Does the U.S. Have a Moral Obligation to Asylum Seekers?” — Link Here!

Julie Rose
Julie Rose
Host, Top of Mind
BYU Radio
PHOTO: BYU Radio

http://www.byuradio.org/topofmind

People all around the world look to the United States as a land of opportunity and safety. Every month, tens of thousands of people arrive at US border checkpoints and ask to be granted asylum. Over the last decade, the number of people showing up at the southern U.S. border seeking protection has increased five-fold to more than 200,000 every month. That huge increase has so overwhelmed the system that getting a final answer often takes years. There is bipartisan agreement that the asylum system is broken. How we fix the backlog, though, depends a lot on how we answer the question at the heart of today’s podcast episode: what is our obligation to asylum seekers? Are we responsible for taking these individuals in? We’ll be hearing from two previous asylum seekers about the challenges of seeking asylum in the United States, a writer who had an eye-opening experience learning how America’s asylum process differs from other countries, and two former immigration judges with differing perspectives on how we should implement asylum law in the United States. As we hear each of these perspectives, we’ll consider this question: what do we owe people who are no longer safe or able to prosper in the countries where they happen to have been born?

Podcast Guests: Razak Iyal, sought asylum in the U.S. in 2013, granted asylum in Canada in 2017 Joe Meno, Author of “Between Everything and Nothing: The Journey of Seidu Mohammed and Razak Iyal and the Quest for Asylum” Makaya Revell, CEO of Peace Promise Consulting, granted U.S. asylum in 2022 Andrew Arthur, resident fellow in law and policy at the Center for Immigration Studies, former immigration judge 2006-2014 (York, Pennsylvania) Paul Wickham Schmidt, adjunct professor of law at Georgetown University, former immigration judge 2003-2016 (Arlington, Virginia) **This episode is part of Season 3 on Top of Mind: Finding Fairness. From health and immigration to prisons and pot, how can we get more peace and prosperity for all?

Related Links

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🇺🇸 Due Process Forever!

PWS

04-17-23

🇺🇸 SANE, COMPASSIONATE CONSERVATIVE WHO STOOD AGAINST GOP’S EMBRACE OF TRUMPISM, HATE, LIES, GONE FAR, FAR TOO SOON — Michael Gerson (1964 – 2022)

Michael Gerson
Michael Gerson
1964 – 2022
Columnist
Washington Post

Here’s Karen Tumulty’s moving and heartfelt tribute to her colleague from today’s WashPost:

https://www.washingtonpost.com/opinions/2022/11/17/michael-gerson-faith-america-better/

One of the biblical injunctions sometimes cited by Michael Gerson, who died Thursday at the age of 58 after a long battle with cancer, comes from the New Testament book of Colossians: “Let your conversation be always full of grace, seasoned with salt, so that you may know how to answer everyone.”

That advice works not only for Christian believers such as he was, but also in the sometimes brutal political world in which he made his mark. He was a presidential speechwriter whose own words were, indeed, singularly seasoned and notably full of grace. For the past 15 years, he enriched the pages of this newspaper as a columnist for the Opinions section.

Michael Gerson from 2013: Saying goodbye to my child, the youngster

But civility, as Mike also noted, does not preclude tough-mindedness. Nor should it be mistaken for a lack of principles or perspective. His own were rooted in the faith that fueled and defined his involvement with politics, and he was scorching in his assessment of his fellow evangelicals when theirs took what he saw as a more cynical turn. In a September essay, he wrote these supposedly conservative Christians “have broadly chosen the company of Trump supporters who deny any role for character in politics and define any useful villainy as virtue. In the place of integrity, the Trump movement has elevated a warped kind of authenticity — the authenticity of unfiltered abuse, imperious ignorance, untamed egotism and reflexive bigotry.”

“This,” Mike wrote, “is inconsistent with Christianity by any orthodox measure.”

 

Mike and I were colleagues and friends whose paths crossed pretty regularly. One place we spent time together was at semiannual conferences in Florida known as the Faith Angle Forum, where people gather to discuss religion and politics.

It was during one of those meetings in 2014 that, for the first and only time, I saw Mike get angry — really angry.

 

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I was seated next to him for a session on religious conflict and the future of the Middle East, in which one of the speakers was Elliott Abrams, a fellow George W. Bush White House veteran who had served as deputy national security adviser for Middle East policy.

“It used to annoy me enormously when President Bush, for whom I was working, would say Islam is a religion of peace,” Abrams said, “because the real response to that is ‘Where is your theology degree from?’ ”

As Abrams continued along those lines — at one point claiming the “average American” was justified in thinking “this is crap … because all these people who are doing beheadings are Muslims” — I could feel Mike grow tense in the chair next to me. He waited his turn to be called upon, and then he confronted his former colleague.

“We praise Islam, and every president from now on will praise Islam on religious holidays because there are millions of peaceful citizens who hold this view,” Mike said. “It’s also a theologically sophisticated view, as opposed to what you’re arguing … every tradition, religious tradition, has forces of tribalism and violence in its history, background, of theology, and every religious tradition has resources of respect for the other.”

He added: “That is a great American tradition that we’ve done with every religious tradition that comes to the United States, included them as part of a national enterprise and praised them for their strongly held religious views and emphasized those portions that are most compatible with those ideals.”

As deep as his own Christian religious beliefs were, Mike was tolerant, accepting, even admiring of those who prayed differently. And while he was by and large a social conservative, Mike knew that not every question involving faith and truth could be resolved along the bright battle lines of the culture wars, or literally be set in scripture.

He celebrated gay pride month and argued that our scientific understanding of the genetic basis of sexual orientation has come a long way since the Apostle Paul’s time. But he also believed that religious institutions, including schools and charities, should have leeway to shape their own standards.

And Mike was open about the times in his life when he had his own doubts about what God had in mind for him. In 2019, he spoke frankly and publicly about being hospitalized for depression, delivering a powerful sermon at the National Cathedral and then a column for The Post.

A few days earlier, Mike and I had lunch. The speechwriter who had written so many words for others told me he was nervous about baring himself so publicly, and he asked if I would read a draft. He also confided that he had been living in a shadow where, at times, he wondered whether those who meant the most to him would be better off — unburdened — if he weren’t around.

In his sermon, he put it this way: “I suspect that there are people here today — and I include myself — who are stalked by sadness, or stalked by cancer, or stalked by anger. We are afraid of the mortality that is knit into our bones. We experience unearned suffering, or give unreturned love, or cry useless tears. And many of us eventually grow weary of ourselves — tired of our own sour company.”

Mike combined his lived faith with his gift for expression to offer a hand to others — showing that they are not alone in the dark. “Even when strength fails, there is perseverance,” he said in his sermon. “And even when perseverance fails, there is hope. And even when hope fails, there is love. And love never fails.”

Now, his unearned suffering has ended, and those he touched, including many who never met him in person, will so deeply miss Michael Gerson’s company. His grace was a blessing, and we need it more than ever.

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

Go the above link for pictures and a selective compendium of Mike’s writings.

Mike was a voice for what modern American conservatism could and should have been: “a conservatism of the common good that argues that we need to orient our policies towards people that might not even vote for us.”

  https://www.washingtonpost.com/obituaries/2022/11/17/michael-gerson-speechwriter-post-dies/

I enjoyed reading Mike’s thoughtful, well-expressed, views in the WashPost, even when I disagreed with him. In particular, I agreed with his call-out of “false Christians:” Evangelicals who aligned themselves with the most un-Christian President in history and his vile “secular theology” of hate, lies, racism, selfishness, cruelty, and degradation of humanity.

Mike will be missed.

PWS

11-18-22

GARY SAMPLINER @ WASHPOST — The DMV Can Turn Abbott’s White Nationalist Stunt Into A “Win – Win!” — It Requires A Durable Approach! — Don’t Expect It To Come From The Biden Administration!

Gary Sampliner
Gary Sampliner
Senior Consultant for Advocacy
Shoulder to Shoulder

https://www.washingtonpost.com/opinions/2022/09/09/dc-grateful-texas-migrants/?utm_campaign=wp_afternoon_buzz&utm_medium=email&utm_source=newsletter&wpisrc=nl_buzz&carta-url=https%3A%2F%2Fs2.washingtonpost.com%2Fcar-ln-tr%2F37e0c1d%2F631b9b1ff3d9003c58ca5081%2F598a8acf9bbc0f6826fe4cb8%2F50%2F67%2F631b9b1ff3d9003c58ca5081&wp_cu=565797071f2aa4e140538667638665f9%7CC0D6D8DF75AF4203E0430100007FC096

Opinion by Gary Sampliner

September 9, 2022 at 10:00 a.m. ET

Gary Sampliner is a director of JAMAAT (Jews and Muslims and Allies Acting Together) and a member of the Bethesda Jewish Congregation, which with Bradley Hills Presbyterian Church and the Maqaame Ibrahim Islamic Center is working to assist arriving migrants and asylum seekers. JAMAAT is a member organization of the Interfaith Immigration Coalition.

Gratitude might not be the reaction Texas Gov. Greg Abbott (R) was expecting when he began sending frequent busloads of migrants and asylum seekers to the greater D.C. area. But gratitude, warmth and a renewed sense of collective responsibility are the responses I have seen as D.C.-area organizations and faith communities (and, most recently, its government) have stepped up to welcome and support newcomers.

With Abbott’s bus initiative — a costly venture likely to be funded in large part by Texas taxpayers — we’ve seen an apparent strategy to inflict maximum pain on our region and score political points, using vulnerable people as weapons aimed at pressuring the Biden administration into taking more drastic measures to seal our nation’s southern border.

But, despite the deeply cynical nature of Abbott’s plans, we might actually owe him a debt of gratitude.

We know that providing transportation is one part of establishing a dignified reception system for people seeking safety, and we’ve witnessed repeatedly the long-term payoffs to our communities and nation when we offer support to those in need of refuge.

The D.C. area has been generous in welcoming migrants fleeing persecution. With community and government support, Virginia has been the third-highest recipient of recent Afghan refugees to the United States, and Maryland is not far behind. My own synagogue and the church and mosque with whom we share our building have been active in helping welcome Afghan refugees to the area since 2017. The Jewish-Muslim community organization I help to direct has been working to get other interfaith partnerships involved in similar efforts.

Afghan arrivals are not the only ones receiving a warm reception. With the help of some heroic community and faith groups — many of which are part of the Migrant Solidarity Mutual Aid Network — our area has mobilized quickly to welcome the migrants being bused here from the southern border. These tremendous efforts have demonstrated, yet again, the area’s commitment to extending welcome and hospitality to those in need.

As with the public-private, multisector approach used in Afghan and other refugee resettlements, we need all hands on deck to welcome new arrivals to the area. We need as many available resources as possible, including the support of local, state and federal governments, faith groups, nonprofit organizations and community volunteers.

It is heartening to see D.C. Mayor Muriel E. Bowser (D) now stepping up to the challenge and opportunity posed by the arriving migrants. On Thursday, she announced the establishment of an Office of Migrant Services, with an initial allocation of $10 million, to meet the needs of the migrants who are moving elsewhere or intending to reside here. As an official “Welcoming City,” D.C. government assistance should be an essential element of the response to welcome migrants to our region — especially considering that, as a majority of the D.C. Council has told Bowser, D.C. is expected to have a surplus of around $500 million in fiscal 2022 — even though D.C. has good reason to request Federal Emergency Management Agency reimbursement to help satisfy the overriding federal responsibility over immigration matters.

But the need for private and community support for the incoming migrants remains critical for their successful integration into our community. Though my organizations’ work with the Afghan community continues, we’ve begun to provide various types of assistance to the newcomers being bused here. We are pleased to see and strongly encourage fellow faith communities and groups around the area to join us in this important work of welcome and are pleased when they do. This is an opportunity to demonstrate the best of who we are in the face of unprecedented levels of forced dislocations worldwide.

The bottom line is this: If we want to continue to live up to our values, many more of us need to step up to assist the new arrivals. And if we can meet this challenge, we will set an example for the rest of our country to follow.

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

One frequent mistake is to view this situation as “an emergency” or “temporary.” That leads to “short-term thinking” — throw some money at it, energize volunteers, and “hold the fort” until the so-called “crisis” subsides.

Problem is, money runs out, volunteers burn out or get called to pitch in on other issues, and the media turns its attention elsewhere. But, refugees and asylees will continue to come. 

And, the better we treat our new arrivals, the more who will develop ties here and choose the DMV as their U.S. residence. While nativists like Abbott view this as a “crisis” and an “invasion,” I agree with Gary that it’s a great opportunity for us and these migrants. We’ve lived the DMV area for almost 50 years. Most of the growth and prosperity over that time can be linked, directly or indirectly, to recent immigrants, both with and without documents!

In many ways, the situations in other countries that drive migration are worse than at any time since the end of the Cold War. And, it’s not getting better, at least in the short run. Meanwhile, our legal refugee and asylum systems remain a shambles, despite the Biden Administration’s promise to do better than the Trump White Nationalist kakistocracy.

For example, one  of the largest, probably the largest, flow of refugees in the Western Hemisphere is from Venezuela. And, contrary to the restrictionist blather, the vast majority of the six million who have fled Venezuela are NOT in the U.S. Colombia has received at least 1.8 million, where the U.S. has fewer than 350,000. 

But, there is no immediate prospect that most Venezuelans will return or stop coming. Nor is there any chance that countries like Colombia are going to “up their share” so that the U.S. can take fewer!

Yet, the Biden Administration has failed to provide consistent, helpful, guidance on Venezuelan asylum at either DHS or DOJ. An improved and better BIA, with expert judges committed to a proper application of asylum law, should have issued appropriate precedents that could have been a basis for getting tens of thousands of grantable Venezuelan asylum cases off the endless backlogs and on the road to green cards. 

But, Garland continues to mismanage asylum law at all levels. He employs unfocused politicos, unqualified Trump-era bureaucrats, and judges who got or retained their jobs under Sessions or Barr because of their actual or perceived willingness to unlawfully deny asylum. Nor has DHS implemented any semblance of the necessary, realistic, robust overseas refugee program for Venezuela, Haiti, and the Northern Triangle! 

Mayorkas has “beefed up” the TPS program for Venezuela. But, by its own terms, that’s not a long-term solution. They extended TPS for Haitians while denying recent arrivals their legal rights to seek asylum and inexplicably returning thousands to the dangerous, failed state without any process at all. It’s a farce — but one with ugly racial overtones and a horrible message! To say that Biden’s refugee and asylum programs are screwed up would be an understatement!

Refugee flows, including asylum, are both inevitable and continuing. They are an important, beneficial, and essential component of legal immigration.

Those seeking legal refuge can be forced largely into the underground system, as Trump tried to do; largely admitted in an orderly legal fashion as progressive experts urge; or there can be a haphazard “combination of the two” which is what we have now! 

Undoubtedly, refugees and asylees are good from America. They will get jobs, make contributions, and have families of U.S. citizens. The tax base and U.S. institutions will benefit. But, that’s the “long view.” 

In the short run, migrants need food, affordable housing, orientation, and education. Kids will need more teachers with specialized skills in a time of nationwide teacher shortage and politicized demonization of educators and administrators. School populations will increase. That takes money. Taxpayers and the politicians answerable to them are notoriously focused on the now, rather than the whenever.

So, the pressing issue is how to institutionalize, regularize, and fund successful migrant resettlement. In other words, how do we get from here to there in the absence of effective government leadership, planning, and funding – often on multiple levels?

I wish I had the answers. But, I don’t. We have to hope that Gary and others like him outside the dysfunctional government structure do! Because, ready or not, migration will  continue! See, e.g., https://immigrationcourtside.com/2022/09/10/🇺🇸🗽👍🏼-immigrant-nation-teas-truth-wisdom-americans-views-on-immigrants-and-immigration-are-overwhelmingly-positive/.

Meanwhile, Texans might want to give the financial shenanigans of their corrupt, inept, so-called Governor a closer look! According to NBC, he’s spending an average of $1,400+ for each individual bussed from the border to DC. A commercial coach ticket is $200-300! https://www.nbcdfw.com/investigations/abbotts-border-buses-cost-1400-per-rider-taxpayers-could-be-stuck-with-bills/2993548/ 

Texans will have a chance to replace Abbott with a real Governor, Democrat Beto O’Rourke in November.

🇺🇸 Due Process Forever!

PWS

09-11-22

 

⚖️🗽SOCIAL JUSTICE SUNDAY @ COURTSIDE WITH PROF/REV CRAIG MOUSIN OF DEPAUL LAW — 1) Restore The Refugee Act Of 1980 To Functionality; 2) Let Young People Read — Enforce the 1st Amendment Against Far-Right Book Burners!🔥📚👩‍🚒

Craig Mousin

pastedGraphic.png

  • cmousin@depaul.edu
  • Ombudsperson
  • Refugee and Forced Migration Studies, Grace School of Applied Diplomacy

Craig Mousin has been the University Ombudsperson at DePaul since 2001. He received a BS from Johns Hopkins University, a JD from the University of Illinois, Urbana-Champaign, and an M Div from Chicago Theological Seminary. He joined the College of Law faculty in 1990, and served as the Executive Director of the Center for Church/State Studies until 2001, Acting Director until 2003, and co-director from 2004–2007. Mousin co-founded and continues to participate in the Center’s Interfaith Family Mediation Program. He has taught in DePaul’s School of Continuing and Professional Studies, the Religious Studies Department, the Grace School of Applied Diplomacy, and the Peace, Justice and Conflict Studies program. He has also taught as an adjunct faculty member at the University of Illinois College of Law and Chicago Theological Seminary .

Prior to DePaul, he began practicing labor law at Seyfarth, Shaw, Fairweather & Geraldson in 1978. In 1984, Mousin founded and directed the Midwest Immigrant Rights Center, a provider of legal assistance to refugees which has since become the National Immigrant Justice Center. He also directed legal services for Travelers & Immigrants Aid between 1986 and 1990. The United Church of Christ ordained him in 1989. At that time, Wellington Avenue U.C.C. called him as an Associate Pastor. He was a founding co-pastor of the DePaul Ecumenica l Gathering (1996-2001). Mousin serves as a Life Trustee of the Chicago Theological Seminary. In addition, he is a member of the Leadership Council of the National Immigrant Justice Center, a member of the Leadership Council of the Marjorie Kovler Center for Survivors of Torture, a former President and member of the Board of the Eco-Justice Collaborative, and a former President and Board member of the Immigration Project of downstate Illinois. Mousin is a current member of the ABA Dispute Resolution Section Ombuds Committee. 

Craig writes:

Comment: Paul,

You might be interested in a short interview I did with Chicago FOX news on World Refugee Day. I tied the celebration in with the honoring of Juneteenth. See:

https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fox32chicago.com%2Fvideo%2F1083587&data=05%7C01%7CCMOUSIN%40depaul.edu%7C657c113c57fc4b47977008da54895361%7C750d3a3f1f464da28a647605e75ea2f9%7C0%7C0%7C637915246031565627%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=R4WzOvpSp5k92DO8NgWD2IQjGyHBoEyq7krkBY82ESY%3D&reserved=0

Also, I do not know if you subscribe to my podcast, Lawful Assembly, but my last post tied together censorship of books in public schools with anti-immigrant sentiments. You can listen at:

https://lawfulassembly.buzzsprout.com/1744949/10803534-episode-27-stop-the-burning

All the best,

Craig

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

Thanks, Craig, for all you do. 

Today’s WashPost Outlook Section contained a highly relevant article by author Dave Eggers about how far-right zealots — many with no real stake in our public schools — have taken over at local levels and apply extreme censorship — even to books and concepts that have been successfully and routinely taught for years. https://www.washingtonpost.com/outlook/2022/06/24/dave-eggers-book-bans-south-dakota/

In this case, it’s driving experienced teachers who believe in truth, freedom, and individual rights to flee in droves. So, what we’re really seeing is a shocking “dumbing down” of American education, libraries, and public discourse driven by far right fear-mongers seeking to impose their lack of values and intolerance on others.

We have seen this week how far-right activist extremists, from the Supremes to local politicians and school boards, have elevated guns that kill while gutting the individual rights to free speech, equal protection,  and fundamental fairness guaranteed by the 1st, 5th, and 14th Amendments. 

Justice Clarence Thomas is certainly a horrible jurist. But, in this instance he might be the only honest GOP appointee on the Supremes. 

When Thomas says that immigrants’ human rights, gay rights, right to conception, marriage rights and most other meaningful individual rights guaranteed by the Constitution are on the chopping block, progressives had better believe him. Remember how “leaving things to the states” worked out for African Americans and other minorities attempting to exercise their fundamental rights, even after the Civil War and the 13th, 14th, and 15th Amendments. And, remember all those paeons to precedent and “not to worry” about Roe statements under oath from GOP Supremes’ candidates before they actually took their seats on the Court and started scheming to undo abortion rights for political, not legal, reasons!

“Social Justice Warriors” like Craig have been fighting the good fight for decades. But, at this point, it’s going to depend on the NDPA and other young progressive groups to take on the extremist right at the ballot box and to take back their individual rights — really all of our individual rights.

Otherwise, they will find themselves as a disempowered counterculture, hiding out and trying to keep ahead of Ray Bradbury’s firemen in Fahrenheit 451!

🇺🇸 Due Process Forever!

PWS

06-26-22

🗽🇺🇸CATHERINE RAMPELL @ WASHPOST STANDS UP FOR REFUGEES & AMERICAN VALUES — President Biden Should Too!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

Catherine writes: 

https://www.washingtonpost.com/opinions/2021/08/19/biden-shouldnt-cave-bigots-evacuating-our-afghan-allies/

. . . .

The White House denies that political cowardice caused its foot-dragging. But if true, this wouldn’t be the first time fear of right-wing blowhards distorted Biden’s immigration policies.

In February, Biden announced he was lifting Donald Trump’s draconian restrictions on worldwide refugee admissions. Then, inexplicably, Biden didn’t sign the paperwork to put his change into effect. Refugees who’d already been fully vetted, approved and booked onto flights by the State Department were left stranded.

For months, the White House refused to explain the delay; spokespeople repeated the same content-free bromides about how Biden believes refugees are “the heart and soul of this country.”

Eventually it came out that Biden was dragging his feet because of worries about political optics.

Then as now, his attempt to duck GOP attacks backfired. His delays inspired several negative news cycles about his broken promises. By the time he finally signed the paperwork, the refugee system had been effectively shut down for months, leaving Biden on track to close out the fiscal year with the lowest refugee admissions on record.

Even lower than under Trump alone.

You might wonder how the nativists have responded to Biden’s attempts to cave to their preferences. Unsurprisingly: They’re still not happy!

Amid Biden’s delays over the refugee ceiling, and his decisions to maintain other (possibly unlawful) Trump-era immigration policies, Trumpers continued to attack him. Fast-forward to today, as former Trump officials ludicrously fearmonger that Afghans who assisted U.S. troops are dangerous and claim that efforts to rescue them are an extension of Biden’s “self-destructive open border policies.” Tucker Carlson and fellow Fox News colleagues accuse Biden of encouraging Afghan refugees to “change” or even “invade” America, offering rhetoric reminiscent of the white-supremacist “Great Replacement” conspiracy theory.

Here’s the thing Biden never learned: No matter what he does, these bad-faith demagogues will accuse him of “open borders.” So he might as well pursue the policies he thinks are right and not let decisions be dictated by fear of how Fox News might frame them.

This is especially true of today’s Afghan refugee crisis, since there are many conservatives who do support efforts to keep our promises to wartime allies and welcome them here for resettlement. They include veterans who fought alongside these allies, as well as Republican governors, senators and congressmen.Republican lawmakers voted overwhelmingly to fund more visas for Afghan allies, as Rep. Peter Meijer (R-Mich.) pointed out in an interview.

“If there is one immigration issue that could have rallied conservatives, it is the protection of Afghans who have helped our military,” said Ali Noorani, president and chief executive of the National Immigration Forum, an advocacy organization working with faith, law enforcement and business leaders. “This was a profound misreading of the politics by the [administration]. And, even worse, believing Tucker Carlson represents America.”

Biden calls himself pro-immigrant. His appointees to senior immigration posts have generally been excellent. And unlike his openly xenophobic predecessor, Biden speaks warmly of newcomers and their contributions to this country. But such words are meaningless if he still caves to the bigots when it matters.

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

I urge everyone to read Catherine’s complete op-ed at the above link.

As I always say, actions speak louder than words! The essence of Catherine’s article is so true, and bears repeating and remembering by all members of the NDPA:

Here’s the thing Biden never learned: No matter what he does, these bad-faith demagogues will accuse him of “open borders.” So he might as well pursue the policies he thinks are right and not let decisions be dictated by fear of how Fox News might frame them.

None have said it better and more clearly! And, it’s true not just of Biden, but of Dems almost across the spectrum. When “push comes to shove” they are too often unwilling to stand up for their own values and implement them in the face of well-orchestrated right wing lies and myths. 

Having a competent implementation plan, staffed and led by progressive experts, is another frequent Dem failure. The GOP has no problem bringing in unqualified ideologues and hacks to carry out their toxic agendas at the “retail level” of Government.

But, the Dems leave the “progressive all-star team” in the dugout! I’ve pointed out many times that no matter how noble your rhetoric, or meritorious your ideas, you’re doomed to failure if you don’t have the courage, expertise, and determination at the “retail levels” of Government (including the legal system, particularly EOIR) to put better Government into effect.

Catherine is right that many of Biden’s upper level immigration appointees are promising. But, the critical levels below them are still infested with Trump holdovers and folks who simply lack the progressive knowledge, courage, and skill set to constructively solve problems and implement long overdue reforms.

I’ve actually lived through it in a number of Administrations where once in office, the Dems basically carried out the GOP immigration agenda, pissed off some of their most loyal supporters, but were still characterized as “open borders” and “weak” by the GOP while actually killing, maiming, and destroying the lives of those they once had pledged to protect! Could there be a worse result?

As usual, Catherine’s analysis is much clearer, more succinct, and more articulate than the gibberish and double-talk that often comes out of politicians on both sides, but particularly the White Nationalist nativist crowd. I’ve suggested before that the Biden Administration or Dems in Congress would do well to hire Catherine as their spokesperson and “press flackie” on immigration. They also would do well to pay attention to her substantive analysis on issues including immigration and the economy.

Refugees are a huge boon to the United States!  See, e.g., https://immigrationcourtside.com/2018/09/04/forget-trumps-white-nationalist-lies-three-ways-immigrants-have-2-cms-refugees-are-good-for-ame/

But, even if they weren’t, we would have a moral obligation to help Afghan refugees after 20 years in their nation, during which many have been placed in life-threatening situations because of their assistance to us or their adherence to our stated ideals and promises.

Many of us have been warning for some time about the catastrophic human and moral consequences of the Biden Administration’s “slow walk” to repair the intentional, legally questionable, and unconscionable dismantling of the once-proud U.S. Refugee Program done by the Trump White Nationalist kakistocracy and its cowardly cronies, enablers, and bureaucratic toadies. (The same is true of our legal asylum system, which deals with refugees in a different context.)  Now, our worst fears are playing out with the world watching and lives in the balance. 

🇺🇸🗽Due Process Forever!

PWS

08-20-21

🏴‍☠️CLOSING THE BORDER TO LEGAL ASYLUM SEEKERS IS A VIOLATION OF BOTH DOMESTIC & INTERNATIONAL LAW — It’s Neither Something To Tout (Biden Administration) Nor A Solution (GOP) (Except, Perhaps, In The “Hitlerian” Sense) — Our Inability To Solve A Humanitarian Situation By Acting Lawfully, Sensibly, & Humanely Is A Sign Of Gross National Weakness Spurred By Unwillingness To See The Human Tragedies We Are Promoting! — And The Lousy, Misleading, & Tone-Deaf Reporting By The Some Of The “Mainstream Media” Is Making It Worse! — Leon Krauze & Suzanne Gamboa With Simple Truths About Human Migration That Neither Pols Nor Nativists Want You To Hear! — PLUS BONUS COVERAGE: Friday Mini-Essay: “Degrading Ourselves As A Nation Won’t Stop Human Migration”

Leon Krauze
Leon Krauze
Journalist, Author, Educator

https://www.washingtonpost.com/opinions/2021/03/24/border-crisis-migrants-media-biden/

Leon Krauze in the WashPost tells us what’s really happening at the border. WARNING: It has little to do with the myths and false narratives being peddled by the GOP, the Administration, and the media.

The current emergency at the border has found the U. S. media at its most solipsistic. Coverage seems more focused on whether the emergency should be called “a crisis” (it should) and what the political fallout for the Biden administration will be. With few exceptions — like the remarkable work of MSNBC’s Jacob Soboroff or Politico’s Sabrina Rodriguez — many news outlets seem utterly uninterested in the stories of the migrants themselves.

This is wrong because it fails to provide one crucial piece of the puzzle: the very concrete context of human suffering.

. . . .

This by no means excuses the stories of anguish and confinement that have emerged over the last few weeks from within the facilities set up by the Biden administration to deal with the number of young migrants crossing the border, nor does it absolve the president himself from delivering on his promise of a humane immigration system, diametrically opposed to Trump’s cruel policies, designed in collaboration with unapologetic racist xenophobes like Stephen Miller.

The Biden administration can and should do better. But the current debate cannot ignore the very concrete despair facing thousands of immigrant families who, under the direct threat of violence or abuse, chose to push their young children to the United States, in search of safety.

If the alternative was famine, gang violence, kidnapping, rape or sexual slavery, wouldn’t you bet it all on the journey north? If more people understood this, the political debate and the coverage surrounding the crisis would be much more empathetic and we would get closer at delivering concrete, humane solutions.

Now, let’s hear more “simple truth” from Suzanne Gamboa over at NBC News:

Suzanne Gamboa
Suzanne Gamboa, Political Editor, NBCLatino, NBC NewsDate: October 21, 2013
Place: Washington, DC
Credit: Maria Patricia Leiva/OAS
Creative Commons License

https://www.nbcnews.com/news/latino/americas-immigration-impasse-self-inflicted-doesnt-rcna485

America’s immigration impasse — an endless loop across different administrations — is largely self-inflicted, because Congress has repeatedly failed to acknowledge one simple thing: Immigration happens.

Accordingly, immigration laws must be continually adjusted, reformed and revised, experts say.

“People will always want to come to the U.S., and the U.S. will always need people,” said former Commerce Secretary Carlos Gutierrez, who was a top immigration adviser to President George W. Bush.

Until there is a system that allows enough legal immigration to meet the economy’s needs, there will be illegal immigration, Gutierrez said.

“That’s just part of how our economy is set up. It’s part of demographics,” Gutierrez said. “Our birthrate is not high enough to be able to fill the needs of our economy.”

The coronavirus pandemic reinforced the importance of immigrant labor to the American economy, including labor by the undocumented.

It opened many Americans’ eyes to the precariousness of the U.S. food supply, which depends on immigrant and undocumented farmworkers and meat plant workers, as well as to other immigrants’ roles as essential workers, such as home health care aides, nurses and paramedics.

All of those people and many other immigrants, including young immigrants — often called “Dreamers” based on never-passed proposals in Congress called the DREAM Act — will play a key role in helping the economy recover from its pandemic bust.

But immigration requires periodic calibration, and the economics and the changing patterns are lost in the politics.

“People are going to move — as they are all around the world — where they think they can find places to better feed their children. That’s the bottom line, and that’s the history of migration to the United States,” said Luis Fraga, director of the Institute for Latino Studies at the University of Notre Dame.

. . . .

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

Everyone should read the rest of the stories at the above link. 

Degrading Ourselves As A Nation Won’t Stop Human Migration

By Judge (Ret) Paul Wickham Schmidt

“Courtside” Exclusive
March 26, 2021 

Notwithstanding the endlessly disingenuous and self-centered alarmist rhetoric coming from all directions on the border mess, often mindlessly regurgitated by the press (not just Fox News), the real “crisis” involves the human lives at stake and the unnecessary human misery we are causing by failing to establish, professionally staff, and fairly and competently operate the legal refugee and particularly asylum systems required by law. This “due process crisis” actually has devastating and debilitating practical effects, starting with the dysfunctional immigration, refugee, and asylum system and the beyond dysfunctional Immigration Courts.

Heck, we don’t even pretend to comply with Constitutionally-required due process of law for asylum seekers who present themselves to us seeking life-saving refuge. Most of those who show up at legally-established border ports are told that the border is “closed” and that there is no way for them to apply. OK, so they attempt to cross between ports and immediately present themselves to the Border Patrol. But, they also are told there is no way to apply and are orbited back to some of the most dangerous countries in the world without any process whatsoever, let alone due process of law. Who are we kidding with all our dishonest pontificating about “the rule of law?”

It’s a strange way to implement the statutory command that any foreign national “irrespective of . . . status, may apply for asylum,” along with a constitutional guarantee that “No person shall . . . be deprived of life, liberty, or property without due process of law.” Gee, you don’t even need one of those fancy Ivy League law degrees to understand that language. You just have to be able to read, comprehend, and act.

What you do have to do to get where we are today is to view asylum seekers and other migrants (predominantly people of color) as less than human — “non-persons” in a constitutional sense. It’s what some of us call “Dred Scottification of the other” and it has accelerated over the past four years — not just in immigration.

The whole idea of a “court system” being run by the Executive who also is the chief of enforcement is beyond constitutionally preposterous. It’s a “negative tribute” to the Supremes and other Article III life-tenured judges who have grown so distant from their own humanity and immigration stories as to become willfully blind to the ongoing farce that constitutes “justice” and “due process of law” for asylum seekers and other immigrants in the U.S.

Today’s nearly non-existent “asylum system” is a deadly and illegal “catch 22,” with the Supremes sitting in their marble palace refusing to do the primary task that justifies their continued existence: enforce the Constitution against Government misbehavior and in favor of the “little guys” and the “vulnerable.” No thanks, not up to the job! 

The real tragedy is that there are plenty of folks out here with the knowledge, integrity, courage, and ability to establish a legal system that would actually comply with out laws, our Constitution, and further offer the hope of constructively addressing some problems before refugees arrive at our borders. But, they remain “benched,” even by the Biden Team. So the “good guys”are going to keep attacking the corrupt and broken system in court and at the polls for as long as it takes to get some course correction — years, decades, centuries — ask most African Americans how long it takes to achieve the true justice that America promises to all, but historically has only delivered to some. 

In the long run, a fair system would undoubtedly accept many more legal refugees and asylum seekers. That’s what happens in refugee situations — it’s the core of what we call “forced migration” — when you sign on to international conventions intended to prevent the “next holocaust,” and you fairly and humanely apply the rules meant to protect refugees and those who face torture. And, as they have in the past, the overwhelming number of refugees and asylees, like the overwhelming majority of immigrants (essentially all of us, except Native Americans) will adapt, fit in, and contribute to the health, wealth, and future of our nation. They will change, but so will we — ultimately for the better!

Sure, America wouldn’t be as white, “Christian” (to the extent that adherence to a nominal Christian denomination, rather than actually performing Christ’s extremely difficult, self-sacrificing, risky, compassionate mission, defines Christianity), and nominally heterosexual as it was when White Nationalist myths and whitewashed history ruled the roost. But, it would be a better nation — one that actually has a chance of prospering, realizing the full potential of all its residents, and leading the world in the 21st century. A nation that could devote more human, natural, and monetary resources to building and exporting greatness, rather than to an endless stream of cruel, inhuman, stupid, and wasteful enforcement and deterrence gimmicks.

Bottom line, folks are going to come to America, as they have throughout history. Some will stay, some won’t. But, come they will, unless and until those like Trump and the GOP create such a mess that our own people start fleeing to foreign shores. Immigration, regardless of status, is a sign of strength. Xenophobia a sign of fatal weakness.

Our real choice isn’t whether we want to “close” borders, bar refugees, and abuse children as the Cottons, Cruzes, Millers, and Hawleys advocate. It’s whether we create a robust, orderly, rational legal system to screen, regulate, and distribute the inevitable flow or whether, as we have for the past decades, we force millions to reside and work underground — part of an “extralegal” or “black market” system that pols of both parties and those who profit from that underground system have created.

Sprawling mismanaged enforcement bureaucracies, dysfunctional “courts,” armies of publicly-paid lawyers defending the indefensible, for-profit civil prisons, big agriculture, hospitality giants, loads of upwardly mobile professionals who need child care to pursue careers, communities that live off of marketing ethnic culture, meat packing conglomerates, architects and construction firms who are “building America,” even news media fixated on hyping the problem rather than fixing it (see, e.g., yesterday’s Biden press conference), the list of those who profit from a talented, hard working, reliable, loyal, yet politically and socially disenfranchised, workforce is endless.

Even the GOP’s “Cotton-Cruz crowd” benefits from having an imaginary enemy to rant and rail and gin up hate against — safe in the knowledge that the tanking of our economy, upheaval of society, and possible threat to their privilege that would result from realizing their disingenuous call to boot the entire undocumented population will never happen. Their kids and grandkids can continue to reap the privilege that comes from exploiting an essential, yet politically neutered, workforce. It’s really more about institutionalizing racism to maintain economic and political power over the eventual non-white majority that drives their bogus and ugly narratives.

We can degrade ourselves as a nation, but it won’t stop human migration!

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever! It’s a vision based on a written promise, not a “pipe dream!”

PWS

03-26-21

🇺🇸⚖️🗽PROFESSOR CRISTINA RODRIGUEZ @ YALE LAW:  Biden’s Lasting Immigration/Human Rights/Social Justice Reforms & Legacy Will Depend On Replacing 🧹 The Bureaucratic Immigration Kakistocracy 🏴‍☠️☠️🤮 Left Behind By The Regime! — It’s Time For “The EOIR Clown Show” 🤡🦹🏿‍♂️☠️ To Go! — BONUS PWS MINI-ESSAY: “THE BATTLE FOR DUE PROCESS @ JUSTICE ISN’T OVER: Flailing, Failing Department Needs A Bureaucratic House-Cleaning, Now!”

Cristina Rodriguez
Professor Cristina Rodriguez
Yale Law
Photo: Twitter

https://www.washingtonpost.com/outlook/fixing-trumps-damage-to-government-will-take-more-than-executive-orders/2021/01/22/5e3c50f8-5c2d-11eb-8bcf-3877871c819d_story.html

Professor Christina Rodriguez in WashPost:

. . . .

As the Migration Policy Institute has shown, the Trump-era changes to the immigration system numbered in the hundreds and consisted of dramatic reinterpretations of the laws alongside seemingly clerical changes, such as revised application forms for visas, higher fees and tighter deadlines in immigration courts — all to advance a maximalist enforcement agenda and slow down the ordinary gears of immigrant admissions. High-level White House advisers, working with knowledgeable allies in the Homeland Security and Justice departments, pushed out regulation after regulation to render asylum laws more restrictive and make it harder for noncitizens to present their case in immigration courts. Trump’s attorneys general exerted unprecedented authority to define asylum laws to severely limit claims by victims of domestic and gang violence, and to constrain immigration judges’ ability to grant relief and manage their dockets in a way that provides a semblance of due process.

. . . .

And yet, the new administration’s policy agenda will not be complete unless legislative proposals are accompanied by concerted executive action across the administrative state, and not just because ambitious legislation on any issue faces an uphill climb in a Senate with the narrowest of Democratic majorities. Even when it comes to pass, legislation emerges from a bargain, leaving issues unaddressed, introducing new concepts to be interpreted and creating new programs that demand administration. Changing the direction of our government requires not only executive vision, but also multilayered strategies that make their way through the bureaucracy and down to the ground — along with the stamina and patience to see them through.

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

THE BATTLE FOR DUE PROCESS @ JUSTICE ISN’T OVER: Flailing, Failing Department Needs A Bureaucratic House-Cleaning, Now!

By Paul Wickham Schmidt

Courtside Exclusive

Jan. 24, 2021

Read Cristina’s complete article at the link. The book that she and Adam Cox wrote The President and Immigration Law along with that of my friend and colleague Professor Phil Schrag, Baby Jails, should be required reading for all incoming Biden-Harris officials.

A “democracy” that doesn’t understand how it came to run prisons for vulnerable kids and star chambers for legal asylum seekers, and how to end them immediately, can expect little success in achieving social justice, promoting economic equality and prosperity for all, or leading and advocating for democracy abroad. 

It all starts with immigration. I can draw a straight line from the Muslim Ban, to the Roberts’ Court’s disgraceful and cowardly abdication of responsibility to stop it in its tracks (grotesquely undermining the many lower court Federal Judges who had courageously “mapped it out for them”), to GOP politicos running around undermining our free and fair elections, to “magamorons” and other traitor/crazies storming the Capitol. Folks “get” the abdication of moral responsibility and legal accountability when it is delivered by those who should be standing up for democracy.

The failure of career civil servants at all levels to “just say no” and rebel against these outrageous failures of Constitutional governance and simple human decency, combined with a horribly deficient Supremes’ majority that abandoned both legal legitimacy and moral leadership, created a beyond dangerous pattern that came very close to toppling two centuries of the “democratic experiment” and still has the future of our democratic republic “on the ropes.” 

Just look at what happened at the DOJ in the final weeks of the regime! Government officials who knew better settled for “heading off” a President’s treasonous acts rather than exposing them to the public, the Vice President, and leaders of Congress (perhaps other than treacherous co-conspirator Kevin McCarthy) who could have taken action for the immediate removal of this “clear and present threat” to our national security from the office for which he was so completely unqualified. Who knows, they might even have stopped the insurrection!

Look at the failed and ethically vapid Solicitor General’s Office (once, but no longer, one of the “Jewels in the Crown” of Government) that time and time again moved forward to defend unethical and unconstitutional policies before a willing Supremes’ majority based on patently false narratives and obvious pretexts (not very convincingly) concealing the overt racist, White Nationalist agenda of Trump, Miller, and the other neo-Nazis who had seized control of large portions of our governing machinery. Who, with the disgraceful complicity of the Supremes, turned American asylum law from the life-saving humanitarian refuge it was intended to be to instead an ugly weapon of racism, xenophobia, misogyny, child abuse, death, torture, unjust imprisonment, and overall dehumanization of the most vulnerable among us! What’s wrong with this picture? Everything!

Checks and balances and the courage and integrity of a professional career civil service are supposed to halt abuses like this, even in the face of failure of one of our two major political parties and our highest Court to act with integrity and adhere to democratic norms! But, with a few exceptions, courageous folks like U.S. Immigration Judge Ashley Tabaddor, Col. Alexander Vindman, and others like them, it did not happen over the past four years. That nearly cost us our country! (Note that Tabaddor, Vindmin, and others like them were punished, with the disgraceful treasonists from the GOP looking on and actually cheerleading, for speaking out and upholding their oaths of office.) 

Buried in the carnage of the departed regime are the many lives unnecessarily lost, futures ruined, and lasting trauma — trauma that will continue to adversely affect our nation far into the future — caused by failure to stop the kakistocracy’s unconstitutional, cruel, and inhuman abuses. From intentionally inept COVID policies, to “politicizing” masks, to deaths in detention, to unlawful deportations to torture, to unfair, clearly political misapplications of the death penalty (basically “legalized murder”), to officially-sanctioned misogyny — this damage can’t be swept away overnight. 

Like legislative and judicial failures, bureaucratic failure comes at a cost — a huge one! The fact that it might be largely “out of sight, out of mind” to the arrogant, largely white, privileged, ruling elites and ivory tower “High Court” jurists doesn’t mean the harm isn’t real. Just that our society has enabled some in power to look away and avoid meaningful contact with the human wreckage and lasting pain and damage they have caused and or tolerated!

Already, we can see how the Biden-Harris Administration’s inexplicable failure to “take charge” at a broken DOJ is undermining the long-overdue and well-thought-out progressive immigration agenda they announced with such fanfare. Here’s what’s come to light in just the past few days at the broken and dysfunctional DOJ:

  • Seeking the illegal deportation to Haiti of a mentally ill individual denied due process by the EOIR kakistocracy;
  • Failure to repudiate scurrilous, misogynist attacks on well-known refugee woman “Ms. A-B-“ by unqualified then “acting” AG Jeffrey Rosen; 
  • Issuance by the “EOIR Clown Show” of more false narratives and anti-migrant “precedents” — basically delivering the “big, public middle finger” to the new Administration and the AG-designate;
  • Release of a blockbuster investigative report on misogyny and misconduct within the Immigration Judiciary — with no response or plan for corrective action from the DOJ;
  • Appointment of a bunch of bureaucratic nobodies to “caretaker” duties at the DOJ — including one quickly found by reporters — but apparently missed by the incoming Administration — to have had ties to the grotesque child abuse program run by White Nationalist former AG “Gonzo” Sessions;
  • Release by the IG of a report showing the role of Sessions, Rosenstein, and other DOJ officials in “official child abuse” –  without any promise of accountability for past or future misconduct;
  • A treasonous plot by the President, a GOP Congressman, and a corrupt DOJ political hack that, although thwarted, went unreported until uncovered by reporters from The NY Times!

To state the obvious, why weren’t folks with known integrity, courage, and ability — professional decision-makers with track records of upholding our Constitution — like Judge Ashley Tabaddor and her colleagues in the leadership of the National Association of Immigration Judges — put in charge of the DOJ debacle to “ride herd”on this mess, restore some integrity, and prevent any more damage until “Team Garland” arrives? Few folks at Justice know as much about the “inept DOJ bureaucracy and failure of justice at Justice” than the NAIJ leadership which has been “at war” with the kakistocracy for years!

The solutions are still out there. But, it will take boldness, courage, and some “quick thinking outside the box” by “Team Garland” to get this completely (and unnecessarily) unacceptable situation under control!

That begins with an immediate clean-up of the “immigration kakistocracy/bureaucracy” throughout Justice — starting with the “EOIR Clown Shown.” Bring in the immigration/human rights/due process experts and let them start fixing the problems! 

Stop defending the unprofessional garbage being aimlessly tossed into the Federal Courts by the EOIR White Nationalist deportation factory still running under orders from Miller and Hamilton. Have all these cases reviewed by experts in immigration/human rights/due process and racial justice! 

Fire anyone in the SG’s office who presents bogus arguments concerning fake “immigration emergencies” and illegally promulgated “regulations” to the Supremes. End the unethical practice of using one-sided “precedents” to develop anti-immigrant “litigating positions” for OIL. 

Stop appointing unqualified individuals to precious Immigration Judgeships. Remove the entire BIA and replace it with real expert appellate judges unswervingly committed to fundamental fairness and due process for all. Replace “worst practices” with “best practices.” Stop the “Aimless Docket Reshuffling” at EOIR. Cut the largely self-created Immigration Court “backlog.”

Bring in Professor Rodriguez, Professor Schrag, Professor Ingrid Eagly, Judge Dana Marks (who argued and won the landmark Cardoza-Fonseca case before the Supremes), Judge (and former BIA Judge and high-ranking DOJ official) Noel Brennan, Judge Amiena Khan, Judge Mimi Tsankov, Marielena Hincapie (NCIJ), Dean Kevin Johnson (UC Davis Law), and a “due process brain trust” of others like them! Let them start “kicking some tail,” fixing the problems, and restoring sanity, humanity, and due process to the broken immigration kakistocracy at DOJ. Now, before any more lives are lost or futures irrevocably ruined! 

Let “practical scholars” like Rodriguez, Schrag, Eagly, and Johnson “turn their research and great thoughts into action.” “A little less talk, and a lot more action,” as Toby Keith would say!

The NDPA has already shown that it can out-litigate and out-strategize the Government immigration kakistocracy. In many ways, only the abject failure of the Supremes’ majority to stand up for the Constitution, rule of law, and human decency has prevented the NDPA from completely annihilating the kakistocracy, wiping out all of its misdeeds by judicial decree, and perhaps even holding criminals like Miller and Wolf accountable for their “crimes against humanity.” 

Judge Garland is a smart person. The “smart thing” would be to get the “NDPA on the inside at Justice,” creating order from chaos and re-establishing justice @ Justice now! 

Otherwise, smart or not, he’s likely to spend the bulk of his tenure as a “caption” on the never-ending avalanche of new legal actions filed against the deadly immigration bureaucracy by the NDPA. Because, I promise that the fight for due process in immigration and human rights isn’t over! It has just begun! 

There is lots to be gained by working together to solve these problems. But if it takes litigation, continuing conflict, and a never-ending political and press crusade against an Administration I otherwise support to get the job done, so be it!

The battle isn’t over until the kakistocracy is removed, at every level, and due process, fundamental fairness, equal justice, and respect for human dignity — all both Constitutional and human rights — become a reality for all persons in America (including those physically present at our borders) rather than just the cruel, unfulfilled promises they have been to date.

Due Process Can’t And Won’t Wait! Due Process Forever!

PWS

01-24-22

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GO PACK GO!

Green Bay Packers
Green Bay Packers
Aaron Rodgers
Aaron Rodgers
Quarterback
Green Bay Packers
Devante Adams
Devante Adams
Wide Receiver
Green Bay Packers

 

🇺🇸HEADS ROLL AS PRESIDENT BIDEN MOVES QUICKLY TO REMOVE VILE “RUMP KAKISTOCRACY!” —- Mark Joseph Stern Reports For Slate!

Mark Joseph Stern
Mark Joseph Stern
Reporter, Slate

https://slate.com/news-and-politics/2021/01/biden-michael-pack-kathleen-kraninger-peter-robb.html

Many of Donald Trump’s most notorious appointees, including his cabinet secretaries, resigned shortly before Joe Biden took office. But myriad officials whom Trump installed in the executive branch remained in spite of their antagonism toward the new president’s agenda. Hours into his presidency, Biden has already ousted three of his predecessors’ most unqualified and corrupt appointees. This clean break sends a clear message that Biden will not tolerate hostile Trump holdovers in his administration, including those with time remaining in their terms.

. . . .

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Read Mark’s full article at the link. Only the beginning!

Lots of work to do! So many dangerous clowns 🤡🦹🏿‍♂️to remove 🧹🪠or reassign to places where they can’t inflict any more harm on our democracy and our institutions.

Hope that Judge Garland and Vanita Gupta are making their list now, starting with the EOIR Clown Show,🤡 but certainly not ending there. It’s clear that the Biden program of immigration reform, refugee reform, racial justice, environmental salvation, conquering COVID, ending the “Muslim ban,” and social justice, to name just a few priorities, will require active support and engagement from the DOJ. 

That’s not going to be possible without a top to bottom housecleaning 🧹🪠🚽🧻at a broken bureaucracy that has been little more than a tool for defending and providing cover for corruption and carrying out an obscene White Nationalist racist agenda over the past four years. These weren’t just “honest policy differences.” They involved an unconstitutional, invidiously-motivated, dishonest, White Nationalist driven political agenda developed and openly advocated by the likes of notorious neo-Nazi bigot Stephen Miller and his accomplices at the DOJ. 

Those who willingly carried out and defended (often by engaging in unethical, dilatory defenses or “wear ‘em down” litigation “strategies”) can’t be trusted to restore justice at Justice. Immediately dismantling the Supreme Court’s notorious “shadow docket” — encouraged and pushed by unethical former Solicitor General Noel Francisco on all too willing GOP Justices for the purpose of pushing a dishonest and damaging White Nationalist agenda — should also be a priority!

🇺🇸⚖️🗽👍🏼Due Process Forever! Clean up the mess @ Justice!

PWS

01-21-20

🇺🇸🗽⚖️MORE GOOD NEWS FOR AMERICA AS TRUMP KAKISTOCRACY☠️🦹🏿‍♂️⚰️ FINALLY COMES TO AN END: Biden Will Move Immediately For Sane, Humane, Practical Immigration Policies — Wants To Put Trump’s Cruel, Racist, Stupid Abuses Of Humanity, Common Sense, Rule Of Law, & America’s Immigrant Heritage In The Rear-View Mirror! — Promises Reversal Of DHS’s Role As White Nationalist “Political Police Force”🏴‍☠️☠️ That Beat Up On the Most Vulnerable While Ignoring Real Security Threat Posed By Trump-Inspired Righty Domestic Terrorists!

https://www.washingtonpost.com/politics/biden-immigration-plan/2021/01/18/f0526824-59a8-11eb-a976-bad6431e03e2_story.html

Seung Min Kim reports for WashPost:

President-elect Joe Biden will roll out a sweeping overhaul of nation’s immigration laws the day he is inaugurated, including an eight-year pathway to citizenship for immigrants without legal status and an expansion of refugee admissions, along with an enforcement plan that deploys technology to patrol the border.

Biden’s legislative proposal, which will be sent to Congress on Wednesday, also includes a heavy focus on addressing the root causes of migration from Central America, a key part of Biden’s foreign policy portfolio when he served as vice president.

The centerpiece of the plan from Biden and Vice President-elect Kamala D. Harris is the eight-year pathway, which would put millions of qualifying immigrants in a temporary status for five years and then grant them a green card once they meet certain requirements such as a background check and payment of taxes. They would be able to apply for citizenship three years later.

. . . .

The focus on Central America reflects the message that Biden has relayed to senior officials in the region: that he will advocate for policy changes aimed at what drives scores of migrants there to come to the United States illegally to seek safe harbor.

“Ultimately, you cannot solve problems of migration unless you attack the root causes of what causes that migration,” one official said, pointing to the various reasons — from economic to safety — that drive migrants to flee their home countries. “He knows that in particular is the case in Central America.”

Transition officials are aware of recent reports of the increased numbers of migrants at or heading to the border in anticipation of the end of Trump’s presidency, and urged them to stay in their home countries. They emphasized that newly arriving immigrants would not qualify for the legalization program that Biden proposes.

Biden wants to move the refugee and asylum systems “back to a more humane and orderly process,” the official said. But “it’s also been made clear that that isn’t a switch you flip overnight from the 19th to the 20th, especially when you’re working with agencies and processes that have been so gutted by the previous administration.”

Biden hopes to reinstate a program granting minors from Central America temporary legal residence in the United States. The Trump administration terminated the program in August 2017, officials said. The administration also wants to set up a reunification program for Central American relatives of U.S. citizens that would allow those who have been already approved for U.S. residency to be admitted into the country, rather than waiting at home for an opening. The program would be similar to ones that existed for Cubans and Haitians but also were ended by the Trump administration.

The Biden proposal also would put in place a refugee admissions program at multiple processing centers abroad that would better help identify and screen those who would qualify to be admitted as refugees into the United States.

As for border enforcement, the plan calls on the Department of Homeland Security to develop a proposal that uses technology and other similar infrastructure to implement new security measures along the border, both at and between ports of entry. Biden has long vowed not to expand the border wall Trump has marginally extended.

“This is not a wall; this is not taking money from [the Department of Defense],” a transition official said, referring to how Trump helped to finance his wall after pledging Mexico would pay for it. “It’s a very different approach.”

. . . .

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Read the complete article at the link.

This is a welcome change from the poorly conceived, often ill-informed approach to immigration by the Obama Administration. It appears that Biden and Harris have actually “listened to the experts” and acted a accordingly.

The concentration on addressing the reality of Central American migration and dealing honestly and constructively with its root causes in a sensible and humane way is also refreshing. Using intelligence and technology to address real border security issues (as opposed to squandering resources on politically manufactured ones) also shows promise.

Julia Edwards Ainsley
Julia Edwards Ainsley
NBC Correspondent
Justice & DHS
Outside Justice Dep’t
Photo: Victoria Pickering https://www.flickr.com/photos/vpickering/

NBC star reporter Julia Edwards Ainsley just broke a story on how under the Trump regime, DHS wasted lots of time and money “beating up on” and denying the legal rights of migrants and asylum seekers and ripping apart families while ignoring or mishandling the real threats to our national security presented by right wing domestic terrorists. https://www.nbcnews.com/politics/national-security/capitol-riot-exposed-flaws-trump-s-dhs-focused-immigration-not-n1254464

Many of the latter were  energized by the Trump/DHS program of White Nationalist racist fear-mongering and intentionally false anti-immigrant, anti-due-process narratives. That’s what “applied malicious incompetence” looks like — DHS and EOIR are two of the most egregious examples in a regime that raised it to an “art form.” It will take an aggressive and far-reaching “house cleaning” to get these agencies that have abandoned the common good and now operate “on the dark side” back on track.

The immediate “knee-jerk opposition” to rational, practical, fact-based immigration reform by notorious White Nationalist racist Sen. Tom Cotton (R-ARK) shows that Team Biden is on the right track to disavow the toxic institutionalized racism and biased policies of the Trump regime and move America along the path to racial justice and realistic, progressive immigration policies that will further the national interest and lead to a better future for all!

It’s a great, if long overdue, start to getting beyond Jim Crow and “Dred Scottification” and saving and enhancing our democracy! But, the proof will be in the results!

Biden, of course, will also face the formidable challenges of dealing with the human carnage left behind by the Trump regime’s disastrous mis-handling of COVID-19, economic inequality, the environment, racial justice, and foreign policy where American “prestige” has plummeted to levels not seen since the days of the Barbary Pirates.

He also must address a failing Federal Justice System that, particularly at its appellate levels, did not effectively stand up to the Trump regime’s  unrelenting assault on human decency and American democracy. Indeed, Justice Sonia Sotomayor, a consistently competent and courageous Justice among our failing Supremes, offered this final harsh but true assessment of her GOP colleagues’ malfeasance in a death penalty case: “This is not justice.”https://www.nbcnews.com/news/latino/not-justice-justice-sonia-sotomayor-offers-fierce-dissent-death-penalty-n1254554

You could say that about almost everything in the departing, defeated White Nationalist regime!

I’ll note for the record that among other things, the Supremes’ tone-deaf majority has been responsible for letting bona fide asylum seekers rot in squalor in camps in Mexico while waiting for non-existent “due process,” and also authorized the imposition of potential death sentences and torture on asylum seekers within our jurisdiction without any whit of due process.

The GOP majority’s disgraceful failure to stand up for voting rights of African Americans, Latinos, and other voters of color has also deepened racial injustice in America and helped usher in a horrible “Jim Crow Revival” pushed, incited, and enabled by the GOP, “The Party of the Failed Insurrection.”

Any competent first-year law student might ask “How could this happen in America?” That’s a question that Roberts and his gang of fellow Trump enablers and apologists will have to answer before the “court of history!”

🇺🇸🗽⚖️👍🏼Due Process Forever!

PWS

01-19-21