NBC’S PETE WILLIAMS REPORTS: “Trump to Replace Travel Ban With Revised Requirements”

https://www.nbcnews.com/news/us-news/trump-replace-travel-ban-revised-requirements-n803836

NBC’S veteran Legal Reporter Pete Williams (one of my all-time favorites) reports:

“WASHINGTON — The White House could issue new requirements this weekend for travelers entering the United States, replacing President Donald Trump’s controversial ban on visitors from six Muslim countries, administration officials tell NBC News.

The announcement, expected by Sunday, will supersede the 90-day travel ban on issuing visas to visitors from Iran, Libya, Somalia, Sudan, Syria, and Yemen, which expires Sunday.

The new restrictions will be based on a Homeland Security and State Department review of the kinds of information that must be provided about visitors and immigrants hoping to enter the U.S. The new guidelines are aimed at preventing terrorists and other security threats from entering the country, officials said.

Following the review, the State Department asked U.S. diplomats around the world to gather the information from foreign governments, warning that visitors will be eligible to enter the country only after the requests are fulfilled.

Once those responses came back, Homeland Security and State Departments reported to the White House on which countries agreed to provide the required information and conform to US requirements, and which did not.

Based on that report, the White House is expected to announce the new restrictions, probably in the form of a presidential proclamation, administration officials said. For many countries on the list, visas will be restricted, meaning that only specified categories of travelers can get them.

Any country that flunks the test can get itself off the list by agreeing to conform to the US requirements, which include issuing electronic passports with a photo, regularly reporting passport thefts, and notifying the US of suspected terrorists. Plus countries must also “take measures to ensure that they are not and do not have the potential to become a terrorist safe haven.”

The original White House order, imposed in January, caused chaos in some of the nation’s airports as customs officials were left to interpret the meaning of the surprise order. After it was struck down in court, a revised order was issued in March.

The executive orders have faced a litany of legal challenges. The Supreme Court ruled in June that parts of the current travel ban could be enforced until the court hears argument, on October 10, about whether the president had authority to impose it in the first place.

Lawyers tell NBC News they are unsure what this latest move could mean for the case.”

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I think this action by the Administration is likely to “moot out” the case currently pending before the Supreme Court.  That seems to be the result the Court was “hinting at” when it issued its partial stay earlier this summer.

PWS

09-22-17

 

CORRUPT ADMINISTRATION: When USG’s Own Studies Prove The Economic Benefits Of Refugees, Those Seeking To Further The White Nationalist False Narrative Do The Obvious — Suppress The Facts & Lie About It! — Anyway, Refugee Admissions Aren’t About Making Money — The Immorality Of The Trump Administration Runs Deep!

https://www.nytimes.com/2017/09/18/us/politics/refugees-revenue-cost-report-trump.html

Julie Hirschfeld Davis and Somini Sengupta report for the NYT:

“WASHINGTON — Trump administration officials, under pressure from the White House to provide a rationale for reducing the number of refugees allowed into the United States next year, rejected a study by the Department of Health and Human Services that found that refugees brought in $63 billion more in government revenues over the past decade than they cost.
The draft report, which was obtained by The New York Times, contradicts a central argument made by advocates of deep cuts in refugee totals as President Trump faces an Oct. 1 deadline to decide on an allowable number. The issue has sparked intense debate within his administration as opponents of the program, led by Mr. Trump’s chief policy adviser, Stephen Miller, assert that continuing to welcome refugees is too costly and raises concerns about terrorism.
Advocates of the program inside and outside the administration say refugees are a major benefit to the United States, paying more in taxes than they consume in public benefits, and filling jobs in service industries that others will not. But research documenting their fiscal upside — prepared for a report mandated by Mr. Trump in a March presidential memorandum implementing his travel ban — never made its way to the White House. Some of those proponents believe the report was suppressed.
The internal study, which was completed in late July but never publicly released, found that refugees “contributed an estimated $269.1 billion in revenues to all levels of government” between 2005 and 2014 through the payment of federal, state and local taxes. “Overall, this report estimated that the net fiscal impact of refugees was positive over the 10-year period, at $63 billion.”
But White House officials said those conclusions were illegitimate and politically motivated, and were disproved by the final report issued by the agency, which asserts that the per-capita cost of a refugee is higher than that of an American.
“This leak was delivered by someone with an ideological agenda, not someone looking at hard data,” said Raj Shah, a White House spokesman. “The actual report pursuant to the presidential memorandum shows that refugees with few skills coming from war-torn countries take more government benefits from the Department of Health and Human Services than the average population, and are not a net benefit to the U.S. economy.”
John Graham, the acting assistant secretary for planning and evaluation at the health department, said: “We do not comment on allegedly leaked documents” and that no report had been finalized. He noted that Mr. Trump’s memorandum “seeks an analysis related to the cost of refugee programs. Therefore, the only analysis in the scope of H.H.S.’s response to the memo would be on refugee-related expenditures from data within H.H.S. programs.”
The three-page report the agency ultimately submitted, dated Sept. 5, does just that, using government data to compare the costs of refugees to Americans and making no mention of revenues contributed by refugees.
“In an average year over the 10-year period, per-capita refugee costs for major H.H.S. programs totaled $3,300,” it says. “Per-person costs for the U.S. population were lower, at $2,500, reflecting a greater participation of refugees in H.H.S. programs, especially during their first four years” in the United States.
It was not clear who in the administration decided to keep the information out of the final report. An internal email, dated Sept. 5 and sent among officials from government agencies involved in refugee issues, said that “senior leadership is questioning the assumptions used to produce the report.” A separate email said that Mr. Miller had requested a meeting to discuss the report. The Times was shown the emails on condition that the sender not be identified. Mr. Miller personally intervened in the discussions on the refugee cap to ensure that only the costs — not any fiscal benefit — of the program were considered, according to two people familiar with the talks.
He has also played a crucial role in the internal discussions over refugee admissions, which are capped by an annual presidential determination that is usually coordinated by the National Security Council and led in large part by the State Department.
This year, officials at the State Department as well as the Department of Defense have argued vociferously that the United States should admit no fewer than the 50,000-refugee cap that Mr. Trump imposed in January as part of the travel ban, but Mr. Miller has advocated for a much lower number — half or less, according to people familiar with the internal talks who described them on condition of anonymity because they were not authorized to detail them. The Department of Homeland Security last week proposed a cap of 40,000. The limits being debated would be the lowest in more than three decades.
“We see an administration that’s running a program that it’s intent on destroying,” said Mark Hetfield, the president of HIAS, one of nine refugee resettlement agencies opposing the cut in admissions. “We do have champions in the White House and in the administration, but they’re not being given a voice in this.”
The issue is coming to a head as Mr. Trump attends the United Nations General Assembly this week for the first time as president. The United Nations has repeatedly appealed to nations to resettle 1.2 million refugees fleeing war and persecution from all over the world, and former President Barack Obama used the gathering last year to tout his goal of admitting 110,000 refugees in the fiscal year that ends this month, and to pressure other countries to follow the lead of the United States in embracing more displaced people.
Mr. Trump, by contrast, has highlighted his goal of radically cutting refugee admissions. The president moved swiftly after taking office to crack down on refugees, issuing his original ban against travelers from seven predominantly Muslim countries only a week after taking office.
Facing legal challenges to that order, his administration released a second travel ban two months later against six countries, along with a presidential memorandum in which Mr. Trump called on the secretary of state to consult with the secretaries of Health and Human Services and Homeland Security and his White House budget director and submit within 180 days “a report detailing the estimated long-term costs of the United States Refugee Admissions Program at the federal, state, and local levels, along with recommendations about how to curtail those costs.”
The budget Mr. Trump released in May argued that refugees and other immigrants were a fiscal drain. “Under the refugee program, the federal government brings tens of thousands of entrants into the United States, on top of existing legal immigration flows, who are instantly eligible for time-limited cash benefits and numerous noncash federal benefits, including food assistance through SNAP, medical care and education, as well as a host of state and local benefits,” the document said.
It would be less costly, it argued, if there were fewer refugees, since “each refugee admitted into the United States comes at the expense of helping a potentially greater number out of country.” Inside the administration, those who espouse this view argue that any research purporting to illustrate fiscal benefits of refugees is flawed and reflects only wishful thinking.
As Mr. Trump deliberates privately about the issue, a coalition of human rights and religious groups as well as former national security officials in both parties has formed to encourage him not to allow the refugee cap to plummet.
“From a national security standpoint, while we can’t take an unlimited number of refugees, we need to show our friends and allies that we stand with them and this is a shared burden,” said Michael Chertoff, the secretary of homeland security under George W. Bush.
“They’ve generated a lot of economic value,” Mr. Chertoff added in an interview. “I don’t think refugees are coming to take American jobs.”
Get politics and Washington news updates via Facebook, Twitter and the Morning Briefing newsletter.
Julie Hirschfeld Davis reported from Washington, and Somini Sengupta from New York.”

 

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Get a complete copy of the report the Administration is trying so hard to suppress at the NYT link above.

In the Trump Administration “truth” has become a “political agenda” of those who aren’t willing to skew facts and tell lies in support of a bankrupt White Nationalist restrictionist agenda. It’s telling that the DOD is one of the agencies pushing for more refugee admissions.

Moreover, as has been pointed out in previous blogs, admitting refugees is not simply a question of “what can they do for our economy” (although the answer to that is “amazing things”). It’s also about our international obligations, our obligations to the world community, and our obligations as human beings to other humans in need. In other words, simple decency and morality, concepts that guys like Trump, Sessions, and Miller consistently sweep under the rug as they roll out their false political narrative.

PWS

09-20-17

 

NYT OP-ED: “MAINSTREAMING” HATE: How Trump & His Supporters Help Legitimize A Global White Hate Movement!

Jessie Singal writes:

Last September, Patrik Hermansson, a 25-year-old graduate student from Sweden, went undercover in the world of the extreme right. Posing as a student writing a thesis about the suppression of right-wing speech, he traveled from London to New York to Charlottesville, Va. — and into the heart of a dangerous movement that is experiencing a profound rejuvenation.

Mr. Hermansson, who was sent undercover by the British anti-racist watchdog group Hope Not Hate, spent months insinuating himself into the alt-right, using his Swedish nationality (many neo-Nazis are obsessed with Sweden because of its “Nordic” heritage) as a way in. It wasn’t always easy. “You want to punch them in the face,” he told me of the people he met undercover. “You want to scream and do whatever — leave. But you can’t do any of those things. You have to sit and smile.”

What he learned while undercover is one part of a shocking, comprehensive new report from Hope Not Hate that sheds light on the strange landscape of the alt-right, the much discussed, little understood and largely anonymous far-right movement that exists mostly online and that has come to national attention in part because of its support for Donald Trump.

As a result of the growing influence of the far-right social-media ecosystem, once-moribund hate groups in both the United States and Europe — groups that mostly existed long before “alt-right” entered the vernacular — are enjoying a striking uptick in recruitment.

This latest wave of potential members is young — teenage and 20-something men (they’re mostly men) appear to be exhibiting interest in far-right ideas in numbers that would have been unthinkable just a few years ago. These young men are being radicalized largely through the work of a popular group of new far-right internet personalities whose videos, blog posts and tweets have been consistently nudging the boundaries of acceptable conversation to the right — one of the explicit goals of racist extremists everywhere.

And while “globalist” may be one of the alt-right’s favorite slurs, Hope Not Hate conclusively shows that the alt-right is itself now a global movement with regular interaction among far-right figures from Scotland to Sweden to Seattle.

Mr. Hermansson’s story offers vital insights into these groups’ tactics and their sometimes bizarre practices. During his time undercover, he hung out with heavily armed Holocaust deniers and attended gatherings where extremists drank mead from a traditional Viking horn and prayed to the Norse god Odin. In Charlottesville, he marched alongside hundreds of young neo-Nazis and white supremacists before he was sprayed with Mace by a counterprotester and witnessed the car attack that killed Heather Heyer.

In Britain, Mr. Hermansson attended a private dinner of extremists where Greg Johnson, a reclusive leading American far-right figure who is editor in chief of Counter-Currents Publishing, explained the need to “mainstream this stuff — or, more precisely, we need to bring the mainstream towards us.”

. . . .

“If Mr. Jorjani wasn’t exaggerating to Mr. Hermansson, and he did have a relationship with White House officials, that would certainly be alarming. But even if he was exaggerating, it’s still important to understand how messages like his could travel from the far reaches of the right-wing internet and all the way into — or close to, at least — the White House.

The extreme alt-right are benefiting immensely from the energy being produced by a more moderate — but still far-right — faction known as the “alt-light.”

The alt-light promotes a slightly softer set of messages. Its figures — such as Milo Yiannopoulos, Paul Joseph Watson and Mike Cernovich — generally frame their work as part of an effort to defend “the West” or “Western culture” against supposed left-liberal dominance, rather than making explicitly racist appeals. Many of them, in fact, have renounced explicit racism and anti-Semitism, though they will creep up to the line of explicitly racist speech, especially when Islam and immigration are concerned.

This apparent moderation partly explains why they tend to have much bigger online audiences than even the most important alt-right figures — and why Hope Not Hate describes them as “less extreme, more dangerous.” Alt-light sites like Breitbart, formerly home to Mr. Yiannopoulos, as well as Prison Planet, where Mr. Watson is editor at large, draw millions of readers and are key nodes in a hyperkinetic network that is endlessly broadcasting viral-friendly far-right news, rumors and incitement.

Fluent in the language of online irony and absurdism, and adept at producing successful memes, alt-lighters have pulled off something remarkable: They’ve made far-right ideas hip to a subset of young people, and framed themselves as society’s forgotten underdogs. The alt-light provides its audience easy scapegoats for their social, economic and sexual frustrations: liberals and feminists and migrants and, of course, globalists.

The alt-light’s dedicated fan base runs into the millions. Mr. Watson has more than a million YouTube followers, for example, while Mr. Yiannopoulos has more than 2.3 million on Facebook. If even a tiny fraction of this base is drafted toward more extreme far-right politics, that would represent a significant influx into hate groups.

According to researchers, the key to hooking new recruits into any movement, and to getting them increasingly involved over time, is to simply give them activities to participate in. This often precedes any deep ideological commitment on the recruits’ part and, especially early on, is more about offering them a sense of meaning and community than anything else.

Intentionally or not, the far right has deftly applied these insights to the online world. Viewed through the filters of alt-light outlets like Breitbart and Prison Planet, or through Twitter feeds like Mr. Watson’s, the world is a horror show of crimes by migrants, leftist censorship and attacks on common sense. And the best, easiest way to fight back is through social media.

The newly initiated are offered many opportunities to participate directly. A teenager in a suburban basement can join a coordinated global effort to spread misinformation about Emmanuel Macron, France’s centrist president, in the hopes of helping far-right leader Marine Le Pen. Anyone who wants to do so can help spread the word about supposed mainstream media censorship of the Muslim “crime wave” the far right says is ravaging Europe.

These efforts — a click, a retweet, a YouTube comment — come to feel like important parts of an epochal struggle. The far right, once hemmed in by its own parochialism, has manufactured a worldwide online battlefield anyone with internet access can step into.

And if you’re one of those newcomers happily playing the part of infantryman in the “meme wars” that rage daily, maybe, along the way, one of your new online Twitter buddies will say to you, “Milo’s O.K., but have you checked out this guy Greg Johnson?” Or maybe they’ll invite you to a closed online forum where ideas about how to protect Europe from Muslim migrants are discussed a bit more, well, frankly. Maybe, if you’re really lucky, you’ll eventually discover a whole new political movement to join.

All of which can explain why members of the hard-core alt-right are watching the explosive success of their more moderate counterparts with open glee, unable to believe their good luck. “I’m just fighting less and less opposition to our sorts of ideas when they’re spoken,” Mr. Johnson, the Counter-Currents editor, told Mr. Hermansson. His optimism, unfortunately, appears to be well founded.”

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Read the entire shocking article at the link!

Think that a return of Naziism is impossible in our lifetimes? Not if these evil dudes have anything to say about it, And, they well might. That’s due in large part to the GOP’s acceptance of Trump, his inappropriate hate speech, and his pandering to the worst undercurrents in American politics and society which has assisted the mainstreaming of hate and racism as a legitimate political and philosophical stance! Shrugging it off as “it’s just Donald being Donald” or even applauding his willingness to be “politically incorrect” is only making things worse.

And, if some of this sounds familiar, it should. It’s pretty much the same false narratives that guys like Trump, Sessions, Miller, and Bannon have been spreading: migrants and Latinos are drug peddlers, rapists, and criminals who endanger American communities; migrants steal jobs from Americans; Muslims and refugees are terrorists and even those who aren’t are a drag on our society; multiculturalism weakens the “homeland,” laws protect Muslims and gays but not (white, straight) Christians, etc.

PWS

09-20-17

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

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

Stern writes:

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

Mark Joseph SternMARK JOSEPH STERN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

09=19-17

TAL KOPAN IN CNN: HUMAN RIGHTS TRAVESTY — According To U.S. State Department’s Info, Sudan Remains One Of The Most Dangerous And Violent Countries In The World — But, Reality Isn’t Stopping The Trump Administration From Ending TPS Protection! -“I mean look what’s going on in Sudan,” [Rep. Zoe] Lofgren [D-CA] said. “If that is a wise decision, what’s an unwise one?”

http://www.cnn.com/2017/09/18/politics/sudan-tps-decision-dhs/index.html

Tal writes:

“Washington (CNN)The Trump administration on Monday announced an end to protections for Sudanese immigrants, a move that advocates fear could be a sign of things to come.

The Department of Homeland Security announced Monday afternoon that it would be ending Temporary Protected Status for Sudan after a 12-month sunset period. It opted to extend, however, Temporary Protected Status for South Sudan, which gained its independence in 2011, through May 2019.
The decision was overdue. By law, decisions on TPS designations are required 60 days before an expiration deadline. With both countries’ status set to expire on November 2, the decision was due September 3. DHS said it made a decision in time, but kept it quiet for more than two weeks and did not respond to requests for an explanation.
While the decision on the future of Temporary Protected Status for Sudanese and South Sudanese immigrants only affects just over 1,000 people in the US, the decision is being closely watched as a harbinger of where the administration will go on upcoming TPS decisions that affect more than 400,000 people in the US.
Under Acting DHS Secretary Elaine Duke’s direction on Monday, recipients of protections from Sudan will be allowed to remain protected from deportation and allowed to work under the program until November 2, 2018, during which they are expected to arrange for their departure or seek another immigration status that would allow them to remain in the US.
Individuals from South Sudan will be able to extend their status until May 2, 2019, when DHS will make another decision on their future based on conditions in the country.
According to USCIS data, at the end of 2016 there were 1,039 temporarily protected immigrants from Sudan in the United States and 49 from South Sudan.
Temporary Protected Status is a type of immigration status provided for by law in cases where a home country may not be hospitable to returning immigrants for temporary circumstances, including in instances of war, epidemic and natural disaster.
While DHS did not explain the delay in publicizing the decision, which the agency confirmed last week was made on time, the law only requires “timely” publication of a TPS determination. The decision was made as the administration was preparing to announce the end of the Deferred Action for Childhood Arrivals program, or DACA, a popular program that has protected nearly 800,000 young undocumented immigrants brought to the US as children from deportation since 2012.

Some of the affected individuals have been living in the US for 20 years. TPS is not a blanket protection — immigrants have to have been living in the US continuously since a country was “designated” for TPS in order to qualify.

For example, Sudan was first designated in 1997 and was re-designated in 1999, 2004 and 2013, meaning people had opportunities to apply if they’ve been living in the US since any of those dates. South Sudan’s TPS was established in 2011 and had re-designations in 2014 and 2016.
Both countries were designated for TPS based on “ongoing armed conflict and extraordinary and temporary conditions.”

The situation in Sudan has improved in recent years, but there are still concerns about its stability and human rights record. In January, outgoing President Barack Obama eased sanctions on Sudan but made some moves contingent upon further review. President Donald Trump has extended that review period. South Sudan, meanwhile, remains torn by conflict.

Advocates for TPS have expressed fear that if the administration were to begin to unwind the programs, it could be a sign of further decisions to come. In the next six months, roughly 400,000 immigrants’ status will be up for consideration, including Central American countries like El Salvador that have been a focus of the Presidents’ ire over illegal immigration and gang activity.
close dialog

California Rep. Zoe Lofgren, the top Democrat on the immigration subcommittee for the House Judiciary Committee, said in an interview before the decision that ending Sudan’s protections could be a sign of more to come.

“I mean look what’s going on in Sudan,” Lofgren said. “If that is a wise decision, what’s an unwise one?”

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Let’s take a closer look at some of those supposedly “improved conditions,” using the Government’s own information, the U.S. Department of State’s latest (2016) Country Report on Human Rights Conditions for Sudan:

“The three most significant human rights problems were inability of citizens to choose their government, aerial bombardments of civilian areas by military forces and attacks on civilians by government and other armed groups in conflict zones, and abuses perpetrated by NISS with impunity through special security powers given it by the regime. On January 14, the government launched an intensive aerial and ground offensive against Sudan Liberation Army-Abdul Wahid (SLA/AW) strongholds in the Jebel Marra area of Darfur. This operation displaced more than 44,700 persons by January 31, according to the UN Office for the Coordination of Humanitarian Affairs (OCHA). In February the government established in Darfur a suboffice of the National Human Rights Commission to enhance the commission’s capacity to monitor human rights in Darfur. Meanwhile, ground forces comprising Rapid Support Forces (RSF) and Border Guards carried out attacks against more than 50 villages in an attempt to dislodge the armed opposition. Attacks on villages often included killing and beating of civilians; sexual and gender-based violence; forced displacement; looting and burning entire villages; destroying food stores and other infrastructure necessary for sustaining life; and attacks on humanitarian targets, including humanitarian facilities and peacekeepers. In September, Amnesty International issued a report alleging that, through September the government engaged in scorched-earth tactics and used chemical weapons in Jebel Marra, Darfur. UN monitors were unable to verify the alleged use of chemical weapons, due in part to lack of access to Jebel Marra, including by rebel commanders loyal to Abdel Wahid. By year’s end the Organization for the Prohibition of Chemical Weapons (OPCW) had not been presented with sufficient corroborating evidence to conclude chemical weapons had been used. The NISS continued to show a pattern of widespread disregard for rule of law, committing major abuses, such as extrajudicial and other unlawful killings; torture, beatings, rape and other cruel or inhuman treatment or punishment; arbitrary arrest and detention by security forces; harsh and life-threatening prison conditions; incommunicado detention; prolonged pretrial detention; obstruction of humanitarian assistance; restrictions on freedom of speech, press, assembly,association, religion, and movement; and intimidation and closure of human rights and nongovernmental organizations (NGOs). Societal abuses included discrimination against women; sexual violence; female genital mutilation/cutting (FGM/C); early childhood marriage; use of child soldiers; child abuse; sexual exploitation of children; trafficking in persons; discrimination against ethnic and religious minorities, persons with disabilities, and persons with HIV/AIDS; denial of workers’ rights; and child labor. Government authorities did not investigate human rights violations by NISS, the military or any other branch of the security services, with limited exceptions relating to the national police. The government failed to adequately compensate families of victims of shootings during the September 2013 protests, make its investigations public, or hold security officials accountable. Impunity remained a problem in all branches of the security forces.

. . . .

The 2005 Interim National Constitution prohibits torture and cruel, inhuman, and degrading treatment, but security forces, government-aligned groups, rebel groups, and ethnic factions continued to torture, beat, and harass suspected political opponents, rebel supporters, and others. In accordance with the government’s interpretation of sharia (Islamic law), the penal code provides for physical punishments, including flogging, amputation, stoning, and the public display of a body after execution, despite the constitution’s prohibitions. With the exception of flogging, such physical punishment was rare. Courts routinely imposed flogging, especially as punishment for the production or consumption of alcohol. The law requires police and the attorney general to investigate deaths on police premises, regardless of suspected cause. Reports of suspicious deaths in police custody were sometimes investigated but not prosecuted. For example, in November authorities detained a man upon his return from Israel. He died while in custody, allegedly from falling out a window, although the building had sealed windows. The president called on the chief prosecutor and chief justice to ensure full legal protection of police carrying out their duties and stated that police should investigate police officers only when they were observed exceeding their authority. Government security forces (including police, NISS, and military intelligence personnel of the Sudanese Armed Forces (SAF)) beat and tortured physically and psychologically persons in detention, including members of the political opposition, civil society, religious activists, and journalists, according to civil society activists in Khartoum, former detainees, and NGOs. Torture and other forms of mistreatment included prolonged isolation, exposure to extreme temperature variations, electric shock, and use of stress positions. Some female detainees alleged NISS harassed and sexually assaulted them. Some former detainees reported being injected with an unknown substance without their consent. Many former detainees, including detained students, reported being forced to take sedatives that caused lethargy and severe weight loss. The government subsequently released many of these persons without charge. Government authorities detained members of the Darfur Students Association during the year. Upon release, numerous students showed visible signs of severe physical abuse. Government forces reportedly used live bullets to disperse crowds of protesting Darfuri students. There were numerous reports of violence against student activists’ family members.

Security forces detained political opponents incommunicado, without charge, and tortured them. Some political detainees were held in isolation cells in regular prisons, and many were held without access to family or medical treatment. Human rights organizations asserted NISS ran “ghost houses,” where it detained opposition and human rights figures without acknowledging they were being held. Such detentions at times were prolonged. Journalists were beaten, threatened, and intimidated (see section 2.a.). The law prohibits (what it deems as) indecent dress and punishes it with a maximum of 40 lashes, a fine, or both. Officials acknowledged authorities applied these laws more frequently against women than men and applied them to both Muslims and non-Muslims. Courts denied some women bail, although by law they may have been eligible. There were numerous abuses reported similar to the following example: On June 25, the Public Order Police arrested several young women and men in Khartoum under the Public Order Act for “indecent dress.” During the sweep, all women who did not have their hair covered were taken into custody. The Public Order Police further arrested two young men for wearing shorts. According to NGO reports, the Public Order Police released the young women and men later the same day without charges.

Security forces, rebel groups, and armed individuals perpetrated sexual violence against women throughout the country; the abuse was especially prevalent in the conflict areas (see section 1.g.). As of year’s end, no investigations into the allegations of mass rape in Thabit, Darfur, had taken place (see section 6).”

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

What I’ve set forth above is just a small sample of some of the “lowlights.” Virtually every paragraph of the Country Report is rife with descriptions of or references to gross abuses of Human Rights.

Clearly, these are not the type of “improved country conditions” that would justify the termination of TPS for Sudan. Moreover, since it affects only 1,000 individuals, there are no overriding policy or practical reasons driving the decision.

No, the Administration’s totally disingenuous decision is just another example of wanton cruelty, denial of established facts, and stupidity.  Clearly, this is an Administration that puts Human Rights last, if at all.

As pointed out by Nolan Rappaport in a a recent post, the best solution here is a legislative solution that would provide green cards to long-time “TPSers” through the existing statutory device of “registry.” With some lead time to work on this, hopefully Lofgren can convince enough of her colleagues to make it happen.

Here’s a link to Nolan’s proposal:

http://immigrationcourtside.com/2017/09/14/the-hill-n-rappaport-suggests-legislative-solutions-for-long-term-tpsers/

PWS

09-19-17

 

IMMIGRATIONPROF: Dean Kevin Johnson Gives Us The Supreme’s “Immigration Lineup” For Oct. 2107 — It’s Much More Than Just The Travel Ban!

http://lawprofessors.typepad.com/immigration/2017/09/sessions-v-dimaya-oral-argument-october-2-jennings-v-rodriguez-oral-argument-oct-3-trump-v-intl-refugee-assistance-p.html

Dean Johnson writes:

”The Supreme Court will hear four oral argument in four cases in the first two weeks of the 2017 Term. And the cases raise challenging constitutional law issues that could forecever change immigration law. Watch this blog for previews of the oral arguments in the cases.

Sessions v. Dimaya, Oral Argument October 2. The U.S. Court of Appeals for the Ninth Circuit, in an opinion by the liberal lion Judge Stephen Reinhardt, held that a criminal removal provision, including the phrase “crime of violence,” was void for vagueness.

Jennings v. Rodriguez, Oral Argument, October 3. The Ninth Circuit, in an opinion by Judge Kim McLane Wardlaw, found that the indefinite detention of immigrants violated the U.S. Constitution.

Dimaya and Jennings are being re-argued, both having originally been argued before Justice Scalia. One can assume that the eight Justice Court was divided and that Justice Gorsuch may well be the tiebreaker.

The final two immigration cases are the “travel ban” cases arising out of President Trump’s March Executive Order:

Trump v. Int’l Refugee Assistance Project. Oral Argument October 10.

Trump v. Hawaii. Oral Argument October 10.”

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Go on over to ImmigrationProf Blog at the above link where they have working links that will let you learn about the issues in these cases.

PWS

09-18-17

TRUMP SPREADS “FALSE GOSPEL” WHILE IGNORING REAL THREAT “RIGHT” IN FRONT OF HIM!

http://www.cnn.com/2017/09/15/opinions/trump-call-white-supremacists-losers-opinion-obeidallah/index.h

Dean Obeidallah writes on CNN:

“As part of the Trump administration’s extreme vetting, they are now examining the social media accounts of people applying for visas to see if they have ties to ISIS-related groups. Well, they must do the same to determine if a person seeking to enter our country has any ties to white-supremacist or neo-Nazi organizations in their home countries.

No one wants anyone with ties to ISIS allowed in the United States. We must also guard against allowing those with ties to dangerous white supremacist groups from setting foot on our soil. They, too, are a potential threat to the people of our nation.
This sick ideology is not just limited to America, as we saw in January in Canada when a young white man described as an “ultra-nationalist white supremacist” walked into a Quebec mosque and shot and killed six Canadian Muslims as they prayed.

And after Charlottesville, white nationalist groups in various European nations cheered the attack by the man who killed Heather Heyer. Do you really want people with those views granted visas to visit our country?


Although, to be blunt, the greatest threat likely comes from white supremacists already within our own borders.

If you think Charlottesville is the only deadly white supremacist terrorist attack in recent times, you haven’t been paying attention.

In May, we saw a self-professed white supremacist in Portland, Oregon, stab two people to death on a train after they stood up to his anti-Muslim tirade directed at a young Muslim-American woman. In March, a 28-year-old white man who was a reader of white supremacist websites traveled to New York for the sole purpose of killing African-Americans. He killed one black man before being arrested and charged with terrorism by the Manhattan district attorney.

In December, another white supremacist was sentenced to 30 years in prison for plotting a domestic terrorist attack involving a radioactive device that he planned to kill Muslims with in New York state.

All of these domestic terrorist attacks prove that it’s time that Trump take the deadly threat of white supremacists as seriously as the threat that ISIS poses. And one big step he can take — in addition to enacting policies and allocating resources to fight their hateful ideology — is making it clear on Twitter that he views white supremacists as “losers.” The lives of Americans depend on it.”

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Read the complete article at the link.

Trump never speaks to or deals with the “real” America: the diverse, multicultural, multitalented, multiracial, ecumenical America where the majority of us live. Not surprising, perhaps, considering that this is the America that by and large didn’t vote for him. Yet, it’s also the “majority America” that a much less diverse minority of Americans elected him to govern.

No, instead Trump chooses carefully orchestrated “campaign-style rallies” where he speaks to crowds of “True Believers:” nearly all white folks wearing red baseball caps, waving American flags, and chanting inane nationalist slogans like “build the wall” and cheering wildly as Trump does things like heap praise upon  the racist, scofflaw, hate-monger “Racist Joe.” Whipping up destructive and divisive passions while spreading a false narrative praising the myth of the “Great White America” is a “clear and present danger” to our national security and our national values.

Meanwhile, the Administration doubles down on the contrived message that we should fear visa holders and exhaustively vetted refugees from a few Muslim countries. When will those charged with protecting us turn their attention to the real security threats among the far right and how their own ill-conceived actions and inflammatory words actually increase the danger to all of us?

PWS

09-16-17

 

 

 

 

 

,

 

 

 

 

WHAT DO YOU CALL SOMEONE WHO ENJOYS INFLICTING GRATUITOUS PAIN AND SUFFERING ON VULNERABLE PEOPLE? — Jeff Sessions

https://www.washingtonpost.com/news/powerpost/wp/category/the-daily-202/?utm_term=.c4e82aca4268&wpisrc=nl_daily202&wpmm=1

James Hohmann writes in then”Daily 202″ in the Washington Post:

“THE BIG IDEA: Photographers caught a giddy Jeff Sessions cracking a satisfied smile last week as he prepared to announce that 690,000 undocumented immigrants who had been brought into the United States as minors would no longer be shielded from deportation. The Deferred Action for Childhood Arrivals program “is being rescinded,” the attorney general declared in the first line of his statement. “There is nothing compassionate about the failure to enforce immigration laws. … Failure to enforce the laws in the past has put our nation at risk of crime, violence and even terrorism. … The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” Fact checkers called these and other claims Sessions made about the immigrants known as “dreamers” dubious or outright false. Perhaps that’s why he didn’t take questions afterward. Regardless, the speech was widely covered as a triumph for the nation’s chief law enforcement officer and a sign that he was out of President Trump’s doghouse. Not only did Sessions get the outcome he wanted; he also got to deliver the news from the Justice Department briefing room. Trump’s DACA decision last week seemed to validate Sessions’s decision to slog on through the summer even after being frozen out of the inner circle. From interviews to tweets, Trump repeatedly attacked his attorney general throughout July as “weak” and “beleaguered.” The main reason Sessions chose to put up with indignities that might cause most people to quit was because he believed he could make a difference on immigration policy. That has always been his signature issue and animated his two decades in the Senate.

— But it took less than 10 days for Trump to once again undercut Sessions. The president on Thursday signaled his embrace of granting permanent legal status to these “dreamers” as part of a deal with Democrats that he said is close to being finalized. He also acknowledged that he’s not going to make a deal to save DACA contingent on getting funding for the wall he wants to build along the U.S.-Mexico border.

Discussing the exact same group of people that Sessions painted with such a sinister brush one week earlier, Trump tweeted yesterday: “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!” Trump tweeted yesterday. “They have been in our country for many years through no fault of their own — brought in by parents at young age.”

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Read the rest of Hohmann’s always-entertaining column at the above link.

Quite simply, Jeff “Gonzo Apocalypto” Sessions is a poor excuse for a human being and a disgrace to the U.S. Department of Justice. What kind of person is motivated by a desire to destroy our society by hurting fine American young people and smearing them with lies and innuendo?

But, let’s not forget who empowered his message of hate and fear by appointing him, and who “blew by” his long record of racial problems while silencing the opposition that told truth. And, a special “shout out” should go to those who voted to put this intentionally divisive Administration in office and to the unapologetically racially challenged white GOP voters of Alabama who elected this leftover of the Jim Crow era time and time again.

Jeff Sessions does not represent the values of the majority of Americans. We must get it together at the ballot box to insure that he (and those like him) never again happen to us and to our country!

PWS

09-15-17

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

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

Chertoff writes in the Washington Post:

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

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

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

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

 

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

But what’s in it for the United States?

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

 

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

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

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

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

 

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

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

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

 

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

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

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

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

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

PWS

09-15-17

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

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

Adam K. Raymond reports in New York Magazine:

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

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

The Times explains their purported thinking:

 

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

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

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

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

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

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

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

PWS

09-13-17

 

 

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

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

ROGER COHEN IN THE NYT: From 9-11 To Humpty Dumpty — The Fear That Continues To Grip America — Where Is FDR When We Need Him?

https://www.nytimes.com/2017/09/12/opinion/9-11-trump.html?em_pos=small&emc=edit_ty_20170912&nl=opinion-today&nl_art=2&nlid=79213886&ref=headline&te=1&_r=0

Cohn writes:

“I watched my president perorate at the Pentagon and all I could think as he held forth about heroism on the 16th anniversary of 9/11 was how did we end up with Humpty Dumpty.

It was Humpty Dumpty, of course, who declared: “When I use a word, it means just what I choose it to mean — neither more nor less.” At least Humpty Dumpty said it without that repetitive thumb-to-stubby-forefinger gesture of our esteemed leader.

Words cascade from that pinched mouth and they mean nothing, because when a man of moral emptiness tries to exhort a nation to moral greatness the only thing communicated is pitiful, almost comical, hypocrisy.

Between a hero and a huckster, between speaking and mouthing, the distance is great. Watching the esteemed leader’s head turning jerkily, like an old electric fan, from teleprompter to teleprompter, I almost felt pity. His is the Age of Indecency.

. . . .

We’ve had a big fall. For the perpetrators of the attack on America, the biggest success has been the injection of fear into the national psyche. Not even they could imagine how social media could turn fear into contagion and how the politics of fear would help propel a buffoon with feral instincts to the White House.

. . . .

It’s hard to shrug off the darkening skies. The worst of 9/11, almost a generation on, is the feeling that the perpetrators won. They didn’t buckle Western freedom and democracy, but they injured them. They disoriented the West. They sucked some of the promise out of a new century.

The assassins of Abraham Lincoln and Mahatma Gandhi and John F. Kennedy and Martin Luther King took the lives of great men but did not destroy their ideas. Perhaps they reinforced the immortality of those ideas. The assassin of Yitzhak Rabin and the mass murderers of 9/11 dispatched by Osama bin Laden were, however, more successful.

Yigal Amir, Rabin’s killer, uprooted the Oslo seeds of peace by assuring that Israeli Messianic-nationalist religious ideologues got the upper hand over secular pragmatists. They have never relinquished it. Bin Laden sapped America’s confidence, wove fear into the nation’s fabric, and inspired a metastasizing form of jihadi fanaticism that continues to terrorize the West in the crazed pursuit of a restored caliphate.

And Humpty Dumpty wants to build a wall he can sit on to contemplate xenophobia and Islamophobia.

. . . .

Adele was very brave through the spinal tap. Today she’s a brave young woman. They are out there: the brave, the stoical, the imaginative and the decent. Despite everything, they will have their day.”

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Yes, I believe “the brave, the stoical, the imaginative and the decent” (like the “New Due Process Army”)  will eventually win out and put America back on the path to greatness. But when, and at what cost, willthe forces of light prevail over those who would envelop us in darkness?

PWS

09-12-17

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

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

Matt Zapotosky reports in the Washington Post:

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

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

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

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

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Read the full at the link.

The beat goes on!

PWS

09-11-17

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

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

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

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

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

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

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

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

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Read Rubin’s full article at the link.

Mini-Essay:

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

By

Paul Wickham Schmidt

United States Immigration Judge (Retired)

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

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

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

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

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

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

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

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

PWS

09-09-17\

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

Here’s the full text:

17-16426–Hawaii-9th-09-17

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

OPINION: Per Curiam

KEY QUOTE:

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

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

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

. . . .

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

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

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

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

IV

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

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

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

V

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

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

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

PWS

09-08-17