THE SPLC ANALYZES TRUMP’S CONTORTED AND CONTRIVED MESSAGE OF HATE, INTOLERANCE, & DIVISION!

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FIGHTING HATE // TEACHING TOLERANCE // SEEKING JUSTICE

FEBRUARY 3, 2018

“In his State of the Union address this week, President Trump congratulated his administration for having “taken historic actions to protect religious liberty.”

It certainly was historic in October when Trump became the first sitting president to give the keynote address at an annual summit hosted by an anti-LGBT hate group, the Family Research Council.

And it was historic when his attorney general, Jeff Sessions, issued religious freedom guidance eroding protections for LGBT people after he consulted with another anti-LGBT hate group, the Alliance Defending Freedom.

But it was an anti-immigrant hate group, the Center for Immigration Studies (CIS), whose talking points laced the State of the Union address this week.

CIS presents itself as an independent think tank, but it began as a project of the anti-immigrant hate group Federation for American Immigration Reform and was founded by white nationalist John Tanton.

CIS frequently manipulates its findings to achieve results that further its anti-immigrant agenda. Last fall, for instance, CIS staffer Jessica Vaughn published a report exaggerating how many people would enter America via a process that CIS calls “chain migration” — the hate group’s preferred phrase to stigmatize the idea of immigrant families reuniting.

The phrase “chain migration” appeared twice in this week’s State of the Union, alongside dangerous and hateful misinformation about immigrants taken directly from CIS talking points.

Given the State of the Union’s author, that should be no surprise.

Senior adviser Stephen Miller, who took the lead writing the speech, served for years as an aide to Jeff Sessions, who has himself endorsed CIS’ work, spoken on a CIS panel, and taken whispered counsel from a former CIS staffer during immigration debates on the Senate floor.

When Sessions hired Miller fresh from Duke University, he did so at the recommendation of anti-Muslim extremist David Horowitz. Now in the White House, Miller has been claimed and praised by extremists for advocating policy on hate group wish lists and pushing anti-immigrant narratives like the one we heard in the State of the Union.

“For decades, open borders have allowed drugs and gangs to pour into our most vulnerable communities. They have allowed millions of low-wage workers to compete for jobs and wages against the poorest Americans,” Trump said Tuesday, reading Miller’s text off a teleprompter.

But studies consistently show that immigrants help — not hurt — the U.S. economy.

“Most tragically, they have caused the loss of many innocent lives,” Trump said Tuesday — despite study after study finding immigrants commit crime at rates lowerthan native-born Americans, not higher.

Hate groups should not have a seat at the table on matters of national policy or influence what talking points to highlight in the State of the Union.

But thanks to Stephen Miller, they have exactly that.

The Editors

P.S. Here are some other pieces we think are valuable this week:

What kids are really learning about slavery by Melinda Anderson for The Atlantic

How the far right has perfected the art of deniable racism by Gary Younge for The Guardian

Indian slavery once thrived in New Mexico. Latinos are finding family ties to it by Simon Romero for The New York Times

The terrifying rise of alt-right fight clubs by Bryan Schatz for Mother Jones

View this email in your browser.”

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Yup. Sadly, Trump and his cohorts Sessions & Miller are out to divide, not unify America (except in the sense that they are unifying all decent Americans against their White Nationalist, racist agenda). For years, the GOP right-wing has “talked around” the racism and White Nationalism inherent in many of their programs and actions, using euphemisms like “reform,” “streamlining,” “right to work,” “combatting voter fraud,” etc. And, while occasionally it earns them a mild “tisk, tisk” from so-called “moderate” or “mainstream” Republicans, for the most part the spineless leadership of the GOP has given racism, White Nationalism, and xenophobia a “free Pass.”

Just look at the “hero of the GOP moderates,” Mitt Romney. “The Mittster” appears poised to reenter politics as the Junior Senator from Utah, replacing the retiring Orrin Hatch.

While carefully steering a moderate line on immigration during his governorship of “Blue State” Massachusetts, once nominated for the Presidency, Romney hired the notorious racist/White Nationalist/vote suppressor Kris Kobach as his “Immigration Advisor.” He then proceeded to largely adopt the White Nationalist line in immigration, including the famous Kobach initiative that sought to make life so miserable for hardworking, law-abiding undocumented residents (known in White Nationalist lingo as “illegals”) that they would “self-deport.”

Who is the real Mitt Romney? Nobody knows. But, my guess is that he’ll stand with the White Nationalists on immigration.

Although he has been sharply critical of Trump at times, it’s likely that when push comes to shove, he’ll line up behind the Trump-far right agenda just like other so-called “critics” such as Sen. “Bobby the Cork” Corker, Sen. Jeff Flake, Sen. John McCain, Sen. Susan Collins, and Sen. Lisa Murkowski when it came to “sticking it to America” with the GOP Tax ripoff. After all, remember how quick Mitt was to “pretzel himself up” and grovel before Trump on the off-chance that he would be allowed to serve the Great Con-Master as Secretary of State!

PWS

02-03-18

 

 

 

 

 

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

12-02-17

 

 

 

GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!

https://www.washingtonpost.com/world/national-security/while-eyes-are-on-russia-sessions-dramatically-reshapes-the-justice-department/2017/11/24/dd52d66a-b8dd-11e7-9e58-e6288544af98_story.html?utm_term=.6b27aa9221e3

“For more than five hours, Attorney General Jeff Sessions sat in a hearing room on Capitol Hill this month, fending off inquiries on Washington’s two favorite topics: President Trump and Russia.

But legislators spent little time asking Sessions about the dramatic and controversial changes in policy he has made since taking over the top law enforcement job in the United States nine months ago.

From his crackdown on illegal immigration to his reversal of Obama administration policies on criminal justice and policing, Sessions is methodically reshaping the Justice Department to reflect his nationalist ideology and hard-line views — moves drawing comparatively less public scrutiny than the ongoing investigations into whether the Trump campaign coordinated with the Kremlin.

Sessions has implemented a new charging and sentencing policy that calls for prosecutors to pursue the most serious charges possible, even if that might mean minority defendants face stiff, mandatory minimum penalties. He has defended the president’s travel ban and tried to strip funding from cities with policies he considers too friendly toward undocumented immigrants.

Attorney General Jeff Sessions during a House Judiciary Committee hearing on Nov. 14. (Alex Brandon/AP)

Sessions has even adjusted the department’s legal stances in cases involving voting rights and lesbian, gay, bisexual and transgender issues in a way that advocates warn might disenfranchise poor minorities and give certain religious people a license to discriminate.

Supporters and critics say the attorney general has been among the most effective of the Cabinet secretaries — implementing Trump’s conservative policy agenda even as the president publicly and privately toys with firing him over his decision to recuse himself from the Russia case.

. . . .

In meetings with top Justice Department officials about terrorist suspects, Sessions often has a particular question: Where is the person from? When officials tell him a suspect was born and lives in the United States, he typically has a follow-up: To what country does his family trace its lineage?

While there are reasons to want to know that information, some officials familiar with the inquiries said the questions struck them as revealing that Sessions harbors an innate suspicion about people from certain ethnic and religious backgrounds.

Sarah Isgur Flores, a Justice Department spokeswoman, said in a statement, “The Attorney General asks lots of relevant questions in these classified briefings.”

Sessions, unlike past attorneys general, has been especially aggressive on immigration. He served as the public face of the administration’s rolling back of a program that granted a reprieve from deportation to people who had come here without documentation as children, and he directed federal prosecutors to make illegal-immigration cases a higher priority. The attorney general has long held the view that the United States should even reduce the number of those immigrating here legally.

In an interview with Breitbart News in 2015, then-Sen. Sessions (R-Ala.) spoke favorably of a 1924 law that excluded all immigrants from Asia and set strict caps on others.

“When the numbers reached about this high in 1924, the president and Congress changed the policy and it slowed down immigration significantly,” Sessions said. “We then assimilated through 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

Vanita Gupta, the head of the Justice Department’s civil rights division in the Obama administration who now works as chief executive of the Leadership Conference on Civil and Human Rights, said Sessions seems to harbor an “unwillingness to recognize the history of this country is rooted in immigration.”

“On issue after issue, it’s very easy to see what his worldview is of what this country is and who belongs in this country,” she said, adding that his view is “distinctly anti-immigrant.”

Those on the other side of the aisle, however, say they welcome the changes Sessions has made at the Justice Department.

Jessica Vaughan, director of policy studies for the Center for Immigration Studies, which advocates for moderating levels of immigration, said she would give the attorney general an “A-plus” for his work in the area, especially for his crackdown on “sanctuary cities,” his push to hire more immigration judges and his focus on the MS-13 gang.

“He was able to hit the ground running because he has so much expertise already in immigration enforcement and related public safety issues and the constitutional issues, so he’s accomplished a lot in a very short time,” Vaughan said.”

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Read the compete article, which deals with much more than immigration, at the link.

Immigrants, refugees, immigration advocates, and career civil servants involved in immigration at the DOJ seems to be “star-crossed.” After decades of relative indifference to the importance of immigration, an Attorney General finally shows up  who makes it his highest priority.

Only problem is that he’s a committed xenophobe and White Nationalist whose largely false and exaggerated narrative on immigration comes right from the alt-right restrictionist playbook and harks back to the Jim Crow era of the American South — only this time with Hispanics and Muslims as the primary targets.

In any “normal” American business, obsession with tracing back lineage of someone’s family would be prima facie evidence of prohibited “national origins discrimination.” But, for Gonzo, it’s just another day at the office.

Notwithstanding his less than stellar performances before Congress and that he’s fallen off Trump’s “A-Team” (notwithstanding probably doing more to deconstruct the Constitution and “Good Government” than any other cabinet officer), he’s unlikely to be going anywhere soon. So the damage will continue to add up for the foreseeable future. It’s not like Senator Liz Warren and others didn’t try to warn America about this dude!

Meanwhile, perhaps not to be outdone, over at the U.S. State Department, Secretary of State Rex Tillerson is proceeding to deconstruct the Career Foreign Service and reduce the Stated Department and our Diplomatic Corps to “administrative roadkill.” You can read about that debacle in this NY Times article:

https://www.nytimes.com/2017/11/24/us/politics/state-department-tillerson.html

PWS

11-26-17

 

GONZO’S WORLD: “MINISTRY OF INJUSTICE” — How Gonzo Is Successfully Draining Justice From The Department Of Justice

https://www.nbcnews.com/think/opinion/jeff-sessions-slowly-surely-undoing-america-s-criminal-justice-progress-ncna823126

James Braxton Peterson reports for NBC News:

“The Russia investigation may be undercutting Attorney General Jeff Sessions’ credibility, but it has not undermined his efforts to take the U.S. Justice Department back in time.

The time Sessions wants to go back to features an unforgiving system of mass incarceration that disproportionately targets people of color in a legal structure too often stacked against them.

To do this, the attorney general has issued a slew of policy rollbacks — unfortunate for a Justice Department that was only incrementally making progress toward equal justice under President Barack Obama and Attorney General Eric Holder.

In this sense, Sessions’ Justice Department might be the most effective unit of the Trump administration. If Trumpism’s goal is, at least in, part to destroy the progress achieved under the Obama administration, Sessions’ scorecard so far outstrips his GOP colleagues in the Cabinet and former colleagues in the Senate.

In March, for example, the nation’s top law enforcement officer visited St. Louis, next-door to Ferguson, ground zero for the Black Lives Matter movement. Sessions was in St. Louis talking about crime initiatives but also seeming to criticize one of the most useful tools for documenting police brutality: civilian cell phone videos. The choice of venue could not have been a coincidence. By focusing on “targeted police killings,” he deflected attention from the challenges now confronting law enforcement.

In fact, Sessions has had little to say on how the Justice Department might address matters of police brutality, much less on the matter of Black Lives Mattering. Instead, he has mostly showcased President Donald Trump’s belief that strong policing and incarceration are key to maintaining law and civil order.

. . . .

It is as if Sessions’ Justice Department is operating on a set of alternative facts. Because the statistics are well known: Whites and blacks use and sell drugs at roughly the same rates, and African Americans make up roughly 13 percent of the U.S. population. Yet law enforcement records are remarkably different for each demographic. According to Human Rights Watch: “Black adults are more than two-and-a-half times as likely as white adults to be arrested for drug possession. In 2014, Black adults accounted for just 14 percent of those who used drugs in the previous year but close to a third of those arrested for drug possession.” In many states, a felony conviction also means losing the right to vote.

It is as if Sessions’ Justice Department is operating on a set of alternative facts.

Sessions looks eager to re-open the “war on drugs” — or, more appropriately, the war on poor people who use drugs. No available metric on this decades-long war shows any significant success in limiting access to drugs in the United States or in reducing addiction to controlled substances.

What the “war on drugs” has been good at is: stigmatizing poor people afflicted with the disease of addiction; profiling black and brown folks and arresting them at rates exponentially greater than their white counterparts; and creating revenue streams for the Prison Industrial Complex.

. . . .

Sessions’ success will be key if Trump wants to make good on his law-and-order promises.

Sadly, it is working. The Justice Department is slowly transforming into an injustice department right before our eyes.

Mass incarceration, its impact on families and communities and the often racially biased ways in which its policies operate is still one of the most pressing human rights issues of our time. It’s a shame that, in the era of Trump, we are unable to effectively address the challenges we face.

James Braxton Peterson is the author of three books, including “Prison Industrial Complex for Beginners.”

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Read Peterson’s full article at the link.

Peterson doesn’t even get into Gonzo’s brazen attacks on justice for Latinos, immigrants, Dreamers, refugees, LGBTQ individuals, so-called “Sanctuary Cities,” lawyers, reporters, Federal Judges, critics of the Administration, forensic science, private property, or users of legalized marijuana. And, he only mentions in passing Gonzo’s disingenuous statements on Russia and his lackadaisical handling of the real threats Russia poses to our national security. Grim as Peterson’s article is, it actually substantially understates the true carnage that Gonzo is inflicting on our Constitution and our system of justice. It could turn out to be irreparable!

Senator Liz Warren was right!

PWS

11-24-17

LA TIMES; “DETAINED AND DEFENSELESS” – How Our Government Specifically Designed An American Gulag (Complete With “Kangaroo Courts”) To Deny Migrants Their Statutory & Due Process Rights To Counsel, & Then Simply Lies About What They Are Doing!

http://enewspaper.latimes.com/infinity/latimes/default.aspx?pubid=50435180-e58e-48b5-8e0c-236bf740270e

Kyle Kim writes:

“Judy London merges onto the freeway, heading northeast toward a high desert already baking under a recently risen sun. From West Los Angeles, she faces a two-hour, 100-mile drive to the Adelanto Detention Facility to meet a client who is being deported. The commute time can double if rush-hour traffic is particularly bad.

London arrives at the facility and walks up a concrete path flanked by gravel to the detention facility’s entrance. Once inside, rows of chairs and lockers greet her, as does a guard. She checks in but can’t meet her client yet — the facility is undergoing its daily head count, and she has to wait until it’s finished.

It can take another hour from this moment. London still has to be cleared through security and have a guard escort her client to her.

Finally, she has to wait for an interview room. Adelanto Detention Facility has an average daily population of 1,785, but only a handful of rooms designated for lawyer-client meetings. And once a room is available, she’ll have to take all her notes by hand. The facility prohibits the use of phones, laptops and other electronic devices.

London, like many immigration attorneys, spends a lot of time just trying to meet face-to-face with her clients. It’s a good day when she actually meets them. On bad days, she can spend hours traveling, only to be turned away.

The facility in recent months has refused entrance to attorneys for a variety of reasons, including a chickenpox outbreak and hunger strikes.

Generally, it is far easier for me, as an attorney, to walk into a high-security local or federal prison unannounced to visit a client than it is to get into a detention facility to see someone. And that is odd,” said London, directing attorney for Public Counsel’s Immigrants’ Rights Project.

::

Most immigrants detained by Immigration and Customs Enforcement while their deportation cases are being considered don’t have an attorney.

Immigration detention is considered civil detention and, as a result, detainees do not have a right to counsel as they would in criminal cases.

Immigration attorneys say geography is a significant hurdle.

Many ICE facilities in the U.S. are located in smaller cities, hours from cities where most legal aid organizations operate. So even if the government makes legal aid resources available, they can be miles away.

About 30% of detained immigrants are held in facilities more than 100 miles from the nearest government-listed legal aid resource, according to a Times analysis of 70 ICE detention centers.

Of these, the median distance between the facilities and the nearest government-listed legal aid was 56 miles.

The farthest is Etowah County Detention Center in Gadsden, Ala. Alabama doesn’t have an immigration court, so immigrants detained there are referred to the Loyola Law Clinic — 408 miles away in New Orleans.

Immigrants facing deportation are provided with a list of available pro bono legal aid and services. The list is administered by the Justice Department’s Executive Office for Immigration Review, which calls it an “essential tool.”

Providers on the pro bono list — mostly nonprofits — aren’t required to offer free services to every detainee, according to the Justice Department, and only a lucky few get help from pro bono lawyers.

UCLA law professor Ingrid Eagly analyzed 1.2 million deportation cases between 2007 and 2012 and found that just 2% of immigration detainees had free legal representation. Most immigrant attorneys came from solo practitioners or small firms.

The location of detention facilities in remote locations can pose a logistical challenge to the court system as well as the attorneys. Court procedure can vary by jurisdiction. Some have judges at the facility. Some conduct business by teleconference. Some use a combination of the two.

. . . . .

ICE officials did not answer specific questions about why detained immigrants are significantly less likely to obtain counsel or allegations that systemic hurdles limit access to legal representation.

The agency has previously said that it is “very supportive and very accommodating” to detainees who wish to have a lawyer. ICE spokeswoman Jennifer D. Elzea said the department maintained that position.

“ICE is committed to allowing detainees access to visits, telephones, legal counsel and law library resources. Additionally, all facilities have notifications posted throughout providing information about pro bono legal services,” Elzea said in a statement.

No attorney or legal aid group interviewed for this report agreed with ICE’s position.

The government is locking people up in remote jails and prisons hundreds of miles from attorneys, and arguing that having phones there that sometimes work is sufficient access to counsel,” National Immigrant Justice Center Executive Director Mary Meg McCarthy said in response to ICE’s statement.

“The government spends billions of dollars to sustain — and expand — a system that obstructs lawyers’ ability to defend their clients’ due process rights. We’ve been told by ICE that the agency does not consider availability or proximity of counsel as any part of its assessment of the suitability of a new detention center, and we have no reason to believe that it cares at all whether people in detention have lawyers,” she said.

Immigrant rights proponents see little chance of reform under President Trump.

The administration’s executive orders on immigration have reversed enforcement priorities. Arrests increased by 37.6% during Trump’s first 100 days in office compared with the same period in 2016, according to ICE data.

The fight for reform will take place in more liberal cities and states, and through the efforts of legal aid groups.

The Southern Poverty Law Center recently started the Southeast Immigrant Freedom Initiative. The goal is to provide counsel to every detained immigrant in the Southeast — a region with a high number of deportation cases.

But the program, said Dan Werner, who directs the initiative, was a stopgap measure built out of necessity.

“The real solution is systemic reform of immigration policy,” he said.

In March, New York became the first state to dedicate funding to providing pro bono legal services to every detained immigrant.

And in June, California lawmakers put $45 million in the state budget to expand legal services for immigrants.

Attorneys and advocates view such measures as incremental.

“In most cases, there won’t be accountability in the government,” London said, “so there’s no incentive for them to address it.”

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Read the complete article at the link.

Next time you hear Jeff “Gonzo Apocalyto” Sessions deliver one of his self-righteous, fact-free attacks on asylum seekers and their advocates, remember that the REAL FRAUDSTER HERE IS “GONZO” HIMSELF and his knowingly false narrative about asylum seekers that he uses to “cover up” the intentional abuses of legal and human rights being carried out by ICE and EOIR under his direction. Accountability, addressing the real need for reforms in the immigration enforcement and Immigration Court systems to insure Constitutional Due Process? Not going to happen on “Gonzo’s Watch.”

PWS

10-23-17

 

WHITE NATIONALISM (NOT ISLAMIC TERRORISM) IS THE BIGGEST THREAT TO WESTERN CIVILIZATION!

https://www.nytimes.com/2017/10/12/opinion/sunday/white-nationalism-threat-islam-america.html

SASHA POLAKOW-SURANSKY writes in the NY Times:

“When rapid immigration and terrorist attacks occur simultaneously — and the terrorists belong to the same ethnic or religious group as the new immigrants — the combination of fear and xenophobia can be dangerous and destructive. In much of Europe, fear of jihadists (who pose a genuine security threat) and animosity toward refugees (who generally do not) have been conflated in a way that allows far-right populists to seize on Islamic State attacks as a pretext to shut the doors to desperate refugees, many of whom are themselves fleeing the Islamic State, and to engage in blatant discrimination against Muslim fellow citizens.

But this isn’t happening only in European countries. In recent years, anti-immigration rhetoric and nativist policies have become the new normal in liberal democracies from Europe to the United States. Legitimate debates about immigration policy and preventing extremism have been eclipsed by an obsessive focus on Muslims that paints them as an immutable civilizational enemy that is fundamentally incompatible with Western democratic values.

Yet despite the breathless warnings of impending Islamic conquest sounded by alarmist writers and pandering politicians, the risk of Islamization of the West has been greatly exaggerated. Islamists are not on the verge of seizing power in any advanced Western democracy or even winning significant political influence at the polls.

The same cannot be said of white nationalists, who today are on the march from Charlottesville, Va., to Dresden, Germany. As an ideology, white nationalism poses a significantly greater threat to Western democracies; its proponents and sympathizers have proved, historically and recently, that they can win a sizable share of the vote — as they did this year in France, Germany and the Netherlands — and even win power, as they have in the United States.

Far-right leaders are correct that immigration creates problems; what they miss is that they are the primary problem. The greatest threat to liberal democracies does not come from immigrants and refugees but from the backlash against them by those on the inside who are exploiting fear of outsiders to chip away at the values and institutions that make our societies liberal.

Anti-Semitic and xenophobic movements did not disappear from Europe after the liberation of Auschwitz, just as white supremacist groups have lurked beneath the surface of American politics ever since the Emancipation Proclamation. What has changed is that these groups have now been stirred from their slumber by savvy politicians seeking to stoke anger toward immigrants, refugees and racial minorities for their own benefit. Leaders from Donald Trump to France’s Marine Le Pen have validated the worldview of these groups, implicitly or explicitly encouraging them to promote their hateful opinions openly. As a result, ideas that were once marginal have now gone mainstream.”

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Read the entire article at the link.

I’ve said it before: Donald Trump and his “fellow travelers” are the biggest threat to our democracy, safety, and security.

PWS

10-15-17

COURTSIDE BRINGS YOU “LAW YOU CAN USE!” – Hon. Jeffrey Chase Tells “Do’s and Don’t’s” Of Challenging CREDIBILITY On BIA Appeals! EXTRA BONUS! NEW PWS COMMENTARY: Don’t Let “Gonzo’s” Lies & His Agenda Of Hate & Intentional Dehumanization Of Our Most Vulnerable Populations Win — Fight His Bogus Distorted Attack On Our Humanity & Our Legal System Every Inch Of The Way!

 

https://www.jeffreyschase.com/blog/2017/10/12/challenging-credibility-findings-before-the-bia

Jeffrey writes:

Challenging Credibility Findings Before the BIA

“As discussed in last week’s post, in 2002, the standard under which the BIA reviews credibility determination was changed as part of the reforms instituted by then Attorney General John Ashcroft.  Furthermore, in 2005, Congress enacted the REAL ID Act, which provided immigration judges with broader grounds for determining  credibility.  These two factors combine to make it more difficult for the Board to reverse an immigration judge’s adverse credibility finding than it was prior to these changes.  The following are some thoughts on strategy when appealing credibility findings to the Board.

1. Don’t offer alternative interpretations of the record.

You cannot successfully challenge an adverse credibility finding by offering an alternative way of viewing the record.  If the IJ’s interpretation is deemed reasonable, the BIA cannot reverse on the grounds that it would have weighed the documents, interpreted the facts, or resolved the ambiguities differently.  Or as the Supreme Court has held, “[w]here there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.”  Anderson v. Bessemer City, 470 U.S. 564, 573-74 (1985).

2. Does the record support the IJ’s finding?

On occasion, the discrepancy cited by the IJ is not found in the transcript.  IJs hear so many cases; some hearings are spread over months or years due to continuances; witnesses or their interpreters do not always speak clearly; documents are sometimes clumsily translated.  For all of these reasons, it is possible that the IJ didn’t quite hear or remember what was said with complete accuracy, or might have misconstrued what a supporting document purports to be or says.  It is worth reviewing the record carefully.

3. Does the REAL ID Act standard apply?

The REAL ID Act applies to applications filed on or after May 11, 2005.  With the passage of time, fewer and fewer cases will involve applications filed prior to the effective date.  However, there are still some cases which have been administratively closed, reopened, or remanded which involve applications not subject to the REAL ID Act standard.  In those rare instances, look to whether the IJ relied on factors that would not support an adverse credibility finding under the pre-REAL ID standard.  For example, did the IJ rely on non-material discrepancies to support the credibility finding?  If so, argue that under the proper, pre-REAL ID Act standard, the discrepancies cited must go to the heart of the matter in order to properly support an adverse credibility finding.

4. Did the IJ’s decision contain an explicit credibility finding?

Under the REAL ID Act, “if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.”  See INA section 208(b)(1)(B)(iii) (governing asylum applications); INA section 240(c)(4)(C) (governing all other applications for relief).  Therefore, review the decision carefully to determine if an explicit credibility finding was made.  In some decisions, the immigration judge will find parts of the testimony “problematic,” or question its plausibility, without actually reaching a conclusion that the testimony lacked credibility.  In such cases, argue on appeal that the statutory presumption of credibility should apply.

5. Did the credibility finding cover all or only part of the testimony?

As an IJ, I commonly stated in my opinions that credibility findings are not an all or nothing proposition.  A respondent may be credible as to parts of his or her claim, but incredible as to other aspects.  There are instances in which a single falsehood might discredit the entirety of the testimony under the doctrine of falsus in uno, falsus in omnibus.  However, there are variations in the application of the doctrine among the circuits, and there are exceptions.  For example, the Second Circuit in Siewe v. Gonzales, 480 F.3d 160 (2d Cir. 2007) recognized the doctrine, but laid out five specific exceptions under which a false statement will not undermine the overall credibility.  However, the Seventh Circuit, in Kadia v. Gonzales, 501 F.3d 817 (7th Cir, 2007) rejected falsus in uno,referring to it as a “discredited doctrine.”  The Ninth Circuit, in Shouchen Yang v. Lynch, 815 F.3d 1173 (9th Cir. 2016), acknowledged that an IJ may apply the doctrine, but that the Board itself could not (for example, to deny a motion to reopen based on a prior adverse credibility finding).   Therefore, determine whether under the applicable circuit case law the falsehood cited by the IJ was sufficient to undermine all of the testimony.  If not, determine whether the remainder of the testimony is sufficient to meet the burden of proof.

6. Did the IJ rely on a permissible inference, or impermissible speculation?

In Siewe v. Gonzales, supra, the Second Circuit discussed the difference between a permissible inference and impermissible “bald” speculation.  The court cited earlier case law stating that “an inference is not a suspicion or a guess.”  Rather, an inference must be “tethered to the evidentiary record:” meaning it should be supported “by record facts, or even a single fact, viewed in the light of common sense and ordinary experience.”  Generally, findings such as “no real Christian wouldn’t know that prayer” or “the police would never leave a copy of the arrest warrant” would constitute bald speculation unless there was expert testimony or reliable documentation in the record to lend support to such conclusion.

7. Did the IJ permissibly rely on an omission under applicable circuit law?

There is a body of circuit court case law treating omissions differently than discrepancies.  For example, several circuits have held that as there is no requirement to list every incident in the I-589,  the absence of certain events from the written application that were later included in the respondent’s testimony did not undermine credibility.  Look to whether the omission involved an event that wasn’t highly significant to the claim.  Also look for other factors that might explain the omission, i.e. a female respondent’s non disclosure of a rape to a male airport inspector; a respondent’s fear of disclosing his sexual orientation to a government official upon arrival in light of past experiences in his/her country.  Regarding omissions in airport statements, please refer to my prior post concerning the questionable reliability of such statements in light of a detailed USCIRF report.  See also, e.g., Moab v. Gonzales, 500 F.3d 656 (7th Cir. 2007); Ramseachire v. Ashcroft, 357 F.3d 169 (2d Cir. 2004), addressing factors to consider in determining the reliability of airport statements.

8.  Was the respondent provided the opportunity to explain the discrepancies?

At least in the Second and Ninth Circuits, case law requires the IJ to provide the respondent with the opportunity to respond to discrepancies.  The Second Circuit limits this right to situations in which the inconsistency is not “dramatic,” and the need to clarify might therefore not be obvious to the respondent.  See Pang v. USCIS, 448 F.3d 102 (2d Cir. 2006).

9. Did the “totality of the circumstances” support the credibility finding?

Even under the REAL ID Act standards, the IJ must consider the flaws in the testimony under “the totality of the circumstances, and all relevant factors.”  INA sections 208(b)(1)(B)(ii), 240(c)(4)(C).  The circuit courts have held that the standard does not allow IJs to “cherry pick” minor inconsistencies to reach an adverse credibility finding.  For a recent example, note the Third Circuit’s determination in Alimbaev v. Att’y Gen. of U.S. (discussed in last week’s post) finding two inconsistencies relied on by the BIA as being “so insignificant…that they would probably not, standing alone, justify an IJ making an adverse credibility finding…”

Copyright 2017 Jeffrey S. Chase.  All rights reserved.”

REPRINTED WITH PERMISSION

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Don’t Let “Gonzo’s” Lies & His Agenda Of Hate & Intentional Dehumanization Of Our Most Vulnerable Populations Win — Fight His Bogus Distorted Attack On Our Humanity & Our Legal System Every Inch Of The Way!

By Paul Wickham Schmidt

United States Immigration Judge (Retired)

For those of you who don’t know him, Judge Jeffrey Chase has a unique perspective starting his career in private practice, becoming a U.S. Immigration Judge in New York, and finally finishing his Government career as an Attorney Advisor writing decisions for the BIA.

Great stuff, Jeffrey!  I love being able to help folks “tune in” to things the they can actually use in the day to day practice of immigration law!

One of the best ways to fight “Gonzoism” and uphold due process is by winning the cases one at a time through great advocacy. Don’t let the “false Gonzo narrative” fool you! Even under today’s restrictive laws (which Gonzo would like to eliminate or make even more restrictive) there are lots of “winners” out there at all levels.

But given the “negative haze” hanging over the Immigration Courts as a result of Gonzo and his restrictionists agenda, the best way of stopping the “Removal Railway” is from the “bottom up” by: 1) getting folks out of “Expedited Removal” (which Gonzo intends to make a literal “killing floor”); 2) getting them represented so they can’t be “pushed around” by DHS Counsel and Immigration Judges who fear for their jobs unless they produce “Maximo Removals with Minimal Due Process” per guys like Gonzo and Homan over at DHS; 3) getting them out of the “American Gulag” that Sessions and DHS have created to duress migrants into not seeking the protection they are entitled to or giving up potentially viable claims; 4) making great legal arguments and introducing lots of corroborating evidence, particularly on country conditions, at both the trial and appellate levels (here’s where Jeffrey’s contributions are invaluable); 5) fighting cases into the U.S. Courts of Appeals (where Gonzo’s false words and perverted views are not by any means the “last word”); and 5) attacking the overall fairness of the system in both the Courts of Appeals and the U.S. District Courts — at some point life-tenured Article III have to see the absolute farce that an Immigration Judiciary run by a clearly biased xenophobic White Nationalist restrictionist like Sessions has become. Every time Gonzo opens his mouth he proves that the promise of Due Process in the Immigration Courts is bogus and that the system is being rigged against migrants asserting their rights.

Sessions couldn’t be fair to a migrant or treat him or her like a human being if his life depended on it! The guy smears dreamers, children whose lives are threatened by gangs, hard-working American families, LGBTQ Americans, and women who have been raped or are victims of sexual abuse. How low can someone go!

Virtually everything Gonzo says is untrue or distorted, aimed at degrading the humanity and legal protections of some vulnerable group he hates (Gonzo’s “victim of the week”), be it the LGBTQ community, asylum seekers, women, children, immigrants, Muslims, African-Americans, attorneys, the Obama Administration, or U.S. Immigration Judges trying to do a conscientious job. Perhaps the biggest and most egregious “whopper” is his assertion that those claiming asylum at the Southern Border are either fraudsters or making claims not covered by law.

On the contrary, according to a recent analysis by the UNHCR, certainly a more reliable source on asylum applicants than Gonzo, “over 80 percent of women from El Salvador, Guatemala, Honduras, and Mexico who were screened on arrival at the U.S. border ‘were found to have a significant possibility of establishing eligibility for asylum or protection under the Convention against Torture.'” “Majority of Asylum Seekers have Legitimate Claims: Response to Sessions Statement,” available online at https://www.wola.org/2017/10/no-basis-claims-rampant-abuse-us-asylum-system-response-sessions-statement/.

This strongly suggests that the big fraud here isn’t coming from asylum seekers. No, the real fraud is the unusually high removal rate at the border touted by Gonzo and his EOIR “patsies” — the result of improper adjudications or unlawful manipulation of the system (intentional duress – misinforming individuals about their rights) by DHS, the U.S. Immigration Court, or simply wrong constructions of protection law.

I think that the majority of Immigration Court cases are still “winners” if the respondents can get competent representation and fight at all levels. Folks, Jeff “Gonzo Apocalypto” Sessions has declared war on migrants and on the Due Process Clause of our Constitution.

He’s using his reprehensible false narratives and “bully pulpit” to promote the White Nationalist, Xenophobic, restrictionist “myth” that most claims and defenses in Immigration Court are “bogus” and they are clogging up the court with meritless claims just to delay removal. The next step is to eliminate all rights and expel folks without any semblance of due process because Gonzo has prejudged them in advance as not folks we want in our country. How biased can you get!

So, we’ve got to prove that many, probably the majority, of the cases in Immigration Court have merit! Removal orders are being “churned out” in “Gonzo’s world” by using devices such as “in absentia orders” (in my extensive experience, more often than not the result of defects in service by mail stemming from sloppiness in DHS and EOIR records, or failure of the DHS to explain in Spanish — as required by law but seldom actually done — the meaning of a Notice to Appear and the various confusing “reporting requirements”); blocking folks with credible fears of persecution or torture from getting into the Immigration Court system by pushing Asylum Officers to improperly raise the standard and deny migrants their “day in court” and their ability to get representation and document their claims; using detention and the bond system to “coerce” migrants into giving up viable claims and taking “final orders;” intentionally putting detention centers and Immigration Courts in obscure detention locations for the specific purpose of making it difficult or impossible to get pro bono representation and consult with family and friends; using “out-of-town” Immigration Judges on detail or on video who are being pressured to “clear the dockets” by removing everyone and denying bonds or setting unreasonable bonds; sending “messages” to Immigration Judges and BIA Judges that most cases are bogus and the Administration expects them to act as “Kangaroo Courts” on the “Removal Railroad;” taking aim at hard-earned asylum victories at all levels by attacking and trying to restrict the many favorable precedents at both the Administrative and Court of Appeals levels that Immigration Judges and even the BIA often ignore and that unrepresented aliens don’t know about; improperly using the Immigration Court System to send “don’t come” enforcement messages to refugees in Central America and elsewhere; and shuttling potentially winning cases to the end of crowded dockets through improper “ADR” and thereby both looking for ways to make those cases fail through time (unavailable witnesses, changing conditions) and trying to avoid the favorable precedents and positive asylum statistics that these “winners” should be generating.

Folks, I’ve forgotten more about immigration law, Due Process, and the Immigration Courts than Gonzo Apocalypto and his restrictionist buddies on the Hill and in anti-immigrant interest groups will ever know. Their minds are closed. Their bias is ingrained. Virtually everything coming out of their mouths is a pack of vicious lies designed to “throw dirt” and deprive desperate individuals of the protections and fairness we owe them under our laws, international law, and our Constitution. Decent human beings have to fight Gonzo and his gang of “Bad Hombres” every inch of the way so that their heinous and immoral plan to eliminate immigration benefits and truncate Due Process for all of us on the way to creating an “Internal Security Force” and an “American Gulag” within the DHS will fail.

Remember,”as you did it to one of the least of these my brothers, you did it to me.”  Gonzo’s going to have some ‘splainin top do at some point in the future!

Stand Up For Migrants’ Rights! “Gonzo and His Toxic Gang Must Go!” Sen. Liz Warren was absolutely right. Demand a “recount” on the NYT “Worst Trump Cabinet Member” poll. Gonzo is in a class by himself!

 

PWS

10-14-17

 

 

“AYATOLLAH ROY” Preaches A Gospel Of Hate & Bigotry That Jesus Would Never Regognize

Michael Gerson writes in the Washington Post:

“The strongest objection to Moore’s hardness and harshness is theological. On the consistent evidence of Jesus’ ministry, what public attitude did he condemn the most? He stood against people who talked constantly of the law, who thought they were especially virtuous, who enjoyed scolding people, who judged others without tenderness and understanding. He was at constant war with the self-righteous and took the side of the social outcasts they condemned.

Now we see the return of the Pharisee.”

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Read the rest of Gerson’s “spot on” op ed at the link.

Jeff Sessions are you listening?

PWS

09-29-17

 

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

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

Adam K. Raymond reports in New York Magazine:

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

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

The Times explains their purported thinking:

 

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

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

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

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

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

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

PWS

09-13-17

 

 

COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!

Three articles from today show the “clear and present danger” to American democracy, our national security, and our fundamental values stemming from Jeff “Gonzo Apocalypto” Sessions and his radical right — some would say fascist is more accurate — cabal.

While Trump increasingly appears to be a looney incompetent functioning primarily in the early morning “tweetosphere,” Sessions & Co. know a thing or two about how to take over and sabotage government of the people, by the people, and for the people. (Ironically, the “Party of Lincoln” has morphed into  the “anti-Lincoln,” opposed to equality, generosity, democracy, and inclusion.)

First, Dana Milbank in the Washington Post describes “Gonzo the Clown’s” ludicrous attempts to use and abuse criminal law to suppress free public expression of opinions:

“Did you hear the one about Jeff Sessions?

I’d like to tell you, but I can’t. You see, it’s illegal to laugh at the attorney general, the man who on Tuesday morning announced that the 800,000 “dreamers” — immigrants brought here illegally as children — could soon be deported. If you were to find my Sessions jest funny, I would be an accessory to mirth.

This is no joke, because liberal activist Desiree Fairooz is now being put on trial a second time by the Justice Department — Jeff Sessions’s Justice Department — because she laughed at Sessions during his confirmation hearing. Specifically, she laughed at a line about Sessions “treating all Americans equally under the law” (which is, objectively, kind of funny).”

Yeah, I guess what Sessions, a well-established liar, probably a perjurer, really meant was “all Americans except Blacks, Hispanics, Asian Americans, immigrants, migrants, Dreamers, gays, lesbians, transgendered, bisexual, criminal defendants, Democrats, non-Christians, protestors, non-GOP women, and the poor.” Read the rest of Dana’s article here:

https://www.washingtonpost.com/opinions/apparently-its-illegal-to-laugh-at-jeff-sessions/2017/09/05/86b6e48a-9278-11e7-aace-04b862b2b3f3_story.html?hpid=hp_no-name_opinion-card-b%3Ahomepage%2Fstory&utm_term=.c6b057add449

But, the following list of hostile actions that Sessions has already taken at Justice, compiled by CNN’s Gregory Krieg, are no laughing matter:

“*Directed federal prosecutors to pursue the stiffest possible charge in every single criminal case — potentially triggering draconian mandatory minimum sentences the Obama administration tried to avoid on fairness grounds for non-violent offenders.

*Withdrawn an Obama administration directive offering protections for transgender students who wanted to use bathrooms corresponding to their gender identity.

*Reversed an Obama DOJ order that the federal Bureau of Prisons back off new deals with private facilities. “I direct the Bureau to return to its previous approach,” Sessions said in a memo citing concerns that the “future needs of the federal correctional system” would be “impaired.”

*Launched a broad-based effort to reduce federal oversight of local police departments, like those put under increased scrutiny following investigations into alleged abuses. The deputy attorney general and associate attorney general were ordered to review lots of things, including all “contemplated consent decrees.”

*In a move criticized by voting rights advocates, asked state election officials in June to lay out their processes for purging voter rolls of individuals who have become ineligible due to, among other reasons, “death or change of residence.”

*Put in place a policy that could pave the way for an increase in a certain kind of civil asset forfeiture, a controversial practice — in this case a joint federal, state and local version that some departments were accused of using to get around state law — that allows police to seize money or property from suspects who haven’t been convicted of a crime. (The DOJ says it has put new safeguards in place to prevent abuse.)

And more.
Consider Trump’s plan to end DACA. When it came down to it, the President steered clear of the spotlight and let Sessions be the public face of a decision officials from both parties have described as unfair or even cruel.
It’s not the first time Trump has been happy enough — or detached enough, depending on your assessment of the his mindset on these issues — to defer to Sessions or, in cases where executive action is required, follow his lead. Where Trump is primarily focused on how he’s covered in the press and how his actions play with “the base,” officials like Sessions and EPA Administrator Scott Pruitt have shown themselves to be laser-focused on very specific policy points.

. . . .

By his side? None other than a once anonymous aide turned top Trump White House official: Stephen Miller.”

Read Gregory’s complete article here:

http://www.cnn.com/2017/09/06/politics/jeff-sessions-donald-trump-daca-policy/index.html

And, in the Washington Post,  Sarah Posner puts it all in scary context by describing the Bannon-led White Nationalist’s larger program to turn America into a White Theo-Fascist State:

“Now that he is out of the White House, Bannon’s ambitions, if anything, appear to seek an even more enduring footprint on Republican politics. His grand plan is to remake American conservatism, by shifting it away from its long-standing “three-legged stool” coalition of tax-cutters, defense hawks and the religious right. His strategy is to peel away Christian conservatives from that coalition, and to build a new coalition with anti-immigrant, anti-Muslim, far-right nationalists, in order to make the Trump revolution permanent, even after Trump has left the White House.
Consider the headline on a prominently placed “exclusive” published on the site late last night, which heaps the most coveted of Breitbartian praise on Moore: “Judge Roy Moore Embodies Jeff Sessions.” In an interview with Breitbart, Moore says he shares Sessions’s views on immigration and trade, and that he, too, is a “very strict constructionist of the Constitution.” He says he favors impeaching federal judges, even Supreme Court justices, and singles out Obergefell v. Hodges , the landmark 2015 case legalizing same-sex marriage, as warranting impeachment.
Bannon hinted at some of his designs in an interview with me last year. He said that, without the religious right, his base alone lacks the numbers to “to ever compete against the progressive left.”
In Moore, Bannon has found an unabashed proponent of “biblical law.” Bannon doesn’t appear to care much about “biblical law,” but Moore’s overheated depiction of the overreach of the federal government dovetails with the Bannon goal of “the deconstruction of the administrative state.”
Indeed, the Breitbart-Moore alliance is the most vivid example to date of the anti-government, white-nationalist Breitbart forces teaming up with a candidate with shared views on issues such as immigration and the role of the federal government, but which are driven by outwardly theocratic aspirations. Bannon is not seen as an overtly religious figure, but he has actively sought the religious right’s imprimatur for purely political purposes.
As Politico reports, Bannon himself is now using Breitbart to help “orchestrate the push” for Moore’s candidacy in high-level meetings with influential conservative groups.
There is a good deal of overlap between Bannon’s depiction of Trumpism as a revolt against global elites and Moore’s own rhetoric. Moore has long railed at elitists and “tyrannical” government overreach, albeit from a theocratic point of view. He first became a national hero to the religious right over a decade ago, after he was stripped of his post as chief justice of the Alabama Supreme Court for defying a federal court order to remove a 2.6-ton Ten Commandments monument from the state courthouse, because it violated the separation of church and state.
Undeterred, Moore ran unsuccessfully for governor and then again for his state’s top judicial post, regaining his seat in 2012. After a federal court struck down the state’s ban on same-sex marriage in early 2015, Moore pointedly told Alabama’s governor that complying with the federal court order could violate God’s law.
Although Breitbart hardly teems with religious language, Moore shares its conspiratorially dark vision of America, and particularly America’s perceived enemies. When I saw him speak in 2011, when Barack Obama was still president, Moore maintained: “Our government is infiltrated with communists, we’ve got Muslims coming in and taking over where we should be having the say about our principles.” On immigration, he said the government was failing “to protect against invasions” and was “letting anybody come in!”
Ultimately, the Breitbart-Moore alliance offers a hint at where the Trump base is headed. If Bannon has his way, it will evolve into a kind of coalition of anti-immigrant, anti-Muslim white nationalists seeking to disrupt the GOP from within by joining forces with the Christian right, long an essential component of the GOP base. Whether or not Moore wins, if Bannon can keep pushing the Trumpist base in that direction by continuing to solidify that coalition, we can only guess at the consequences that will have for the GOP over the long term.”

Consequences for the GOP, Sarah? What about the consequences for the world and humanity of turning America into a White Fascist State incorporating the worst parts of Christian mythology, while leaving the kind, merciful, inclusive, and forgiving message of Jesus Christ in the dust?

In the first place, fortunately, only a minority of Americans share the Bannon-Sessions White Nationalist dream. So, making it come to fruition has to involve suppressing and overcoming by unlawful or unconstitutional means the will and rights of those of us in the majority.

That’s an old Bolshevik trick. And, indeed, Bannon is a self-proclaimed “Leninist revolutionary” — Sessions is his Trotsky. (Can’t really picture Stephen Miller as Stalin —  but his ability to concoct lies at a moment’s notice and his cold lack of humanity or any discernible decency or human values, along with his disdain for representative government and love of the dictatorial model certainly fits “Papa Joe” to a tee. You could definitely imagine Miller as leader of a Trump “personality cult” in a fascist regime.)

Read Sarah’s complete article here:

https://www.washingtonpost.com/blogs/plum-line/wp/2017/09/05/steve-bannons-grand-disruptive-designs-are-only-getting-started/?utm_term=.80ddcfa9f294

But, that’s not all folks! Intentionally cruel, racist, and gonzo as Sessions’s grand plan of “ethnic cleansing” of Dreamers might be, it would actually cost the US economy an astounding  $215 billion, and that’s a conservative estimate that doesn’t even factor in the billions that would be wasted by DHS and EOIR in arresting and deporting America’s future stars (basically, because they aren’t White. As I’ve said before, no sane person thinks we’d be having this orchestrated “immigration debate” if the migrant population were predominantly white, English as a first language, Christians)!

According to Vanessa Wang in Buzzfeed:

“Reversing the Deferred Action for Childhood Arrivals program could cost the economy $215 billion in lost GDP and cost the federal government $60 billion in lost revenue over ten years, according to the libertarian think tank the Cato Institute.
Ike Brannon, a visiting fellow at Cato, wrote in a recent blog post: “It is important to note that these estimates are conservative, as DACA recipients will likely end up being more productive than their current salaries indicate, as they complete their degrees and gain experience in the workplace. Nor does this analysis factor in the enforcement cost of physically deporting recipients should the program be eliminated, which we believe would be significant.”
California, New York and Florida would bear the greatest costs, according to the Cato Institute’s analysis.
The New American Economy — a coalition of business leaders and mayors “who support immigration reforms that will help create jobs for Americans today” — estimated that the DACA-eligible population earns almost $19.9 billion in total income annually, contributes more than $1.4 billion to federal taxes, more than $1.6 billion to state and local taxes and represent almost $16.8 billion in spending power.
“Despite the rhetoric claiming undocumented youths are a drain on the U.S. economy, 90% of the DACA-eligible population who are at least 16 years old are employed” and contribute meaningfully to the economy, the coalition wrote in a brief.
“Ending DACA will disrupt hundreds of thousands of promising careers and cost the US economy dearly,” said John Feinblatt, President of New American Economy in a statement on Tuesday.
On Tuesday, the Department of Homeland Security said it would shut down DACA in six months, potentially giving Congress some time for a legislative solution. House Speaker Paul Ryan has said there are DREAMers “who know no other country, who were brought here by their parents and don’t know another home. And so I really do believe there that there needs to be a legislative solution.”
“Now it’s imperative for Congress to do what’s right and economically smart – protect the young achievers who know no home but America,” said Feinblatt.”

That’s right folks! The Bannon-Sessions White Nationalists would be willing to damage our economy to the the tune of probably a quarter of a trillion dollars for the sheer joy of ruining human lives and entrenching their White Power structure. In most other contexts, there would be a name for such conduct: “domestic terrorism!”

Here’s a link to Vanessa’s article:

https://www.buzzfeed.com/venessawong/scrapping-daca-could-cost-the-economy-as-much-as-215-billion?utm_term=.xdw9nKYOa#.liAZ2w8Y5

Finally, a number folks have noted that DACA is a DHS/USCIS program. So, why was the Attorney General, who pointedly was stripped of his immigration deportation functions and responsibilities by the Act creating DHS, out there acting like he is the deporter-in-chief and administrator of the DHS (which, by statute, he no longer is.)

 

Well, not suprisingly, I’m not in the Trump Administration’s “inner circle.” So, who knows for sure.

But, to me two things were evident. First, Donald Trump is a coward who didn’t have the guts to be the front man for his own inhumane policy — particularly since Sessions contradicted Trump’s public assurances that he “loved Dreamers,” understood their plight, and that they had “nothing to fear” from him and his Administration because he was going to come up with a”great solution” to their situation.

Second, Sessions has never accepted his secondary statutory and Constitutional role in immigration enforcement. With the weak Gen. Kelly in charge of DHS, Sessions simply pretended like the AG was back at the helm of immigration enforcement. After all, Sessions has spent a lifetime attempting to turn back the clock. This is just the first time that he has gotten away with it without any real opposition.

Kelly was a “bobblehead,” meekly agreeing with Sessions’s most outrageous, unlawful, and inhumane statements. He even lent his name to an infamous Sessions-Miller contrived “letter” asking the President for Travel Ban 2.0 and citing facially bogus statistics and disingenuous arguments attempting to tie individuals from Muslim countries to unrelated terrorist threats. In other words, on immigration enforcement, Kelly’s “substance” was about 1/16″ deep, and I’m being generous.

Obviously, killing the Dreamers’ future while heaping scorn on them was Session’s version of “Super Bowl Sunday:” a chance to publicly reclaim the role of deporter-in-chief, while inflicting gratuitous harm on a gallant but vulnerable (largely non-White) group of young people, and tossing in some gratuitous racist insults and nativist lies in the process. For a guy who has spent a lifetime heretofore unsuccessfully trying to “get back to Jim Crow” (where not coincentally, bogus “rule of law” arguments and “state’s rights” were used by Sessions’s Alabama antecedents to deny Black Americans not only their constitutional rights but in many cases their very lives in the process) this had to be “hog heaven.” Let’s not forget that Sessions has endorsed the blatantly racist and anti-semitic “Immigration Act of 1924” as a model for White Nationalist restrictionist policies. See, e.g.http://www.slate.com/blogs/the_slatest/2017/09/05/jeff_sessions_praise_of_1924_eugenics_immigration_law_remains_insane.html

I’m sure Gonzo pines for the “good old days” of the Chinese Exclusion Laws when America knew how to use the “rule of law”  and just how to treat the folks who built the trans-continental railroad, most of California, lots of New York, and points in between. Declare them to be an “inferior race” — a threat to our cultural integrity —  and throw them out before they can displace the White Americans who exploited their ingenuity and hard labor.

Also, make no mistake about it, if Sessions were able to carry out his gonzo plans to deport Dreamers to foreign lands that most of them have hardly lived in, some will actually die in the process. But, hey, the lives of non-Whites are just “collateral damage” in the Bannon-Sessions world vision.

Sessions is part of our nation’s racist, White Supremacist past that we will need to get beyond to continue to prosper as a country and to lead the free world. The Dreamers can help us do that! The only question for the rest of us is what legal channels are available to move Sessions and his cohorts out of the way so that the Dreamers, along with other immigrants and minorities, can help lead us to a brighter future as a proudly diverse, humane, and powerful nation.

Liz Warren was right! America is better than Jeff Sessions! It’s time we showed it!  

PWS

09-05-17

 

 

PAUL KRUGMAN IN THE NYT: THE NEW AMERICAN FASCISTS — TRUMP & ARPAIO!

https://www.nytimes.com/2017/08/28/opinion/fascism-arpaio-pardon-trump.html?em_pos=small&emc=edit_ty_20170828&nl=opinion-today&nl_art=0&nlid=79213886&ref=headline&te=1&_r=0

Krugman writes:

As sheriff of Maricopa County, Ariz., Joe Arpaio engaged in blatant racial discrimination. His officers systematically targeted Latinos, often arresting them on spurious charges and at least sometimes beating them up when they questioned those charges. Read the report from the Justice Department’s Civil Rights Division, and prepare to be horrified.

Once Latinos were arrested, bad things happened to them. Many were sent to Tent City, which Arpaio himself proudly called a “concentration camp,” where they lived under brutal conditions, with temperatures inside the tents sometimes rising to 145 degrees.

And when he received court orders to stop these practices, he simply ignored them, which led to his eventual conviction — after decades in office — for contempt of court. But he had friends in high places, indeed in the highest of places. We now know that Donald Trump tried to get the Justice Department to drop the case against Arpaio, a clear case of attempted obstruction of justice. And when that ploy failed, Trump, who had already suggested that Arpaio was “convicted for doing his job,” pardoned him.

By the way, about “doing his job,” it turns out that Arpaio’s officers were too busy rounding up brown-skinned people and investigating President Barack Obama’s birth certificate to do other things, like investigate cases of sexually abused children. Priorities!

Let’s call things by their proper names here. Arpaio is, of course, a white supremacist. But he’s more than that. There’s a word for political regimes that round up members of minority groups and send them to concentration camps, while rejecting the rule of law: What Arpaio brought to Maricopa, and what the president of the United States has just endorsed, was fascism, American style.

 

So how did we get to this point?

Trump’s motives are easy to understand. For one thing, Arpaio, with his racism and authoritarianism, really is his kind of guy. For another, the pardon is a signal to those who might be tempted to make deals with the special investigator as the Russia probe closes in on the White House: Don’t worry, I’ll protect you.

. . . .

This bodes ill if, as seems all too likely, the Arpaio pardon is only the beginning: We may well be in the early stages of a constitutional crisis. Does anyone consider it unthinkable that Trump will fire Robert Mueller, and try to shut down investigations into his personal and political links to Russia? Does anyone have confidence that Republicans in Congress will do anything more than express mild disagreement with his actions if he does?

As I said, there’s a word for people who round up members of ethnic minorities and send them to concentration camps, or praise such actions. There’s also a word for people who, out of cowardice or self-interest, go along with such abuses: collaborators. How many such collaborators will there be? I’m afraid we’ll soon find out.”

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Read Krugman’s entire op-ed at the link.

A most unhappy commentary. My parents’ generation fought the fascists. Our generation appears to have handed the reins of the US Government over to them.

PWS

08-29-17

HISTORY: CONFEDERATE MONUMENTS HAVE LITTLE TO DO WITH THE REAL HISTORY OF THE CIVIL WAR (IN FACT, THEY WERE EXPRESSLY INTENDED TO DISTORT HISTORY) BUT LOTS TO DO WITH PROMOTING WHITE SUPREMACY!

Two very powerful stories in today’s Washington Post Outlook Section make that point.

In the first, Karen Finney, journalist and bi-racial descendent of General Lee:

“I always fiercely disagreed with my grandmother’s take. I loved her, but recognized that she simply couldn’t face the truth — the dramatically different, and all too real stories of brutal tyranny, courageously endured, during Reconstruction and the Jim Crow South that I learned from my father, his family and my own experience.

No telling of Lee’s story, however complicated, can be separated from the leading role he played in a grievous chapter of American history. That part — and the decisions by Charlottesville’s city council, New Orleans’s mayor, Baltimore’s mayor and Lexington, Kentucky’s mayor to remove Confederate statues from public spaces — isn’t complicated. The general was as cruel a slave owner as any other and fought to defend a society based on the brutal enslavement of black people that, had it persisted until today, would have included me. His cause wasn’t righteous, then or now. He’s my ancestor, but as far as I’m concerned, his statues can’t come down soon enough.

The revisionist version of his story attached to the hundreds of Confederate monuments around the country (not just in the South) is part of the most effective rebranding campaign ever implemented. Like the Lee statue at the center of the tragic, deadly violence in Charlottesville on Saturday, many, if not most, of these monuments were built — not in the immediate aftermath of the Civil War — but decades later, in the 20th century. They were erected to advance a dishonest history that claimed the war was about states’ rights and the preservation of a way of life, and to obscure the real cause at the root of the conflict: the perpetuation of white supremacy and economic hegemony through the enslavement and violent suppression of African Americans. It’s propaganda that has exploited fear, and sown division and hate, in a conscious effort to obscure our shared humanity for more than 150 years.”

Read the complete article here:

https://www.washingtonpost.com/news/posteverything/wp/2017/08/15/im-black-robert-e-lee-is-my-ancestor-his-statues-cant-come-down-soon-enough/?utm_term=.56193efb1814

In the second, Professor Karen L. Cox of UNC-Charlotte points out that: “White supremacy is the whole point of confederate statutes:”

“While Confederate monuments honor their white heroes, they do not always rely on the true history of what took place between 1861 and 1865. Nor was that their intent. Rather, they served to rehabilitate white men — not as the losers of a war but, as a monument in Charlotte states, preservers of “the Anglo-Saxon civilization of the South.”

Today’s defenders of Confederate monuments are either unaware of the historical context or do not care. Like generations of whites before them, they are more invested in the mythology that has attached itself to these sentinels of white supremacy, because it serves their cause.”

Read that complete article here:

https://www.washingtonpost.com/news/posteverything/wp/2017/08/16/the-whole-point-of-confederate-monuments-is-to-celebrate-white-supremacy/?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.a44dddf18bfe

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Trump’s lack of knowledge of history is breathtaking. Indeed, based on performance and utterances (including tweets) he would be unable to pass the basic American history and civics exam required for naturalization. Fortunatly for him, like many other things in his life, he got his citizenship purely by good fortune, not merit.

PWS

08-20-17

TIME MAGGIE: DUE PROCESS TAKES ANOTHER HIT IN IMMIGRATION COURT WITH EOIR’S DISINGENUOUS MEMO DISCOURAGING CONTINUANCES IN IMMIGRATION COURT! — When Will The Article III Courts & Commentators Expose The REAL Fraud Being Fobbed Off On The Public By The Sessions DOJ & EOIR? — The DOJ Is Trying To Blame The “Champions Of Due Process” (Private Lawyers) For The “ADR” — Aimless Docket Reshuffling — That The DOJ Created And Actually Mandated— Hold The DOJ Fully Accountable For The Failure Of The U.S. Immigration Courts!

http://time.com/4902820/immigration-lawyers-judges-courts-continuance/

Tessa Berenson writes in Time:

“The president and attorney general have vowed to crack down on illegal immigration, and the new directive could help move cases through the system at a faster clip. Most immigration lawyers agree that the overloaded courts are a major issue. But they fear the end result will be more deportations as judges use the wide discretion afforded to them to curtail continuances. The Immigration and Nationality Act doesn’t establish a right to a continuance in immigration proceedings, Keller’s letter notes. They’re largely governed by a federal regulation which says that an “immigration judge may grant a motion for continuance for good cause shown.”

Immigration lawyers often rely heavily on continuances for their prep work because immigration law grants limited formal discovery rights. Unlike in criminal cases, in which the prosecution is generally required to turn over evidence to the defense, immigration lawyers often have to file a Freedom of Information Act request to find out what the government has on their client. These can take months to process.

“If their priority is speed, we all know that sounds really good, to be more efficient, but usually due process takes a hit when your focus is efficiency,” says Andrew Nietor, an immigration attorney based in San Diego. “By the time we are able to connect with our clients, that first court appearance might be the day after we meet somebody, so we haven’t had the opportunity to do the investigation and do the research. And up until several months ago, it was standard to give immigration attorneys at least one continuance for what they call attorney preparation. Now it’s not standard anymore.”

The Justice Department’s guidance says that “the appropriate use of continuances serves to protect due process, which Immigration Judges must safeguard above all,” and notes that “it remains general policy that at least one continuance should be granted” for immigrants to obtain legal counsel.

But the memo is more skeptical about continuances for attorney preparation. “Although continuances to allow recently retained counsel to become familiar with a case prior to the scheduling of an individual merits hearing are common,” it says, “subsequent requests for preparation time should be reviewed carefully.”

It remains to be seen if this careful review will streamline the ponderous system or add another difficulty for the harried lawyers and hundreds of thousands of immigrants trying to work their way through it. For Jeronimo, it may have been decisive. In mid-August, the judge found that the defense didn’t adequately prove Jeronimo’s deportation would harm his young daughter and gave him 45 days to voluntarily leave the United States. Now Jeronimo must decide whether to appeal his case. But he’s been held in a detention center in Georgia since March, and his lawyers worry that he has lost hope. He may soon be headed back to Mexico, five months after he was picked up at a traffic stop in North Carolina.”

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

Read the complete article at the link.

OK, let’s have a reality check here. The tremendous backlog is NOT caused by giving respondents time to find an attorney in an already overwhelmed system or by giving those overworked and under-compensated private attorneys time to adequately prepare their clients’ cases.

No, it’s caused by two things both within the control of the Government. The first is the abuse of the system, actively encouraged by this Administration, for cases of individuals who are law abiding members of the U.S. community, helping our nation prosper, who either should be granted relief outside the Immigrant Court process, or whose cases should be taken off the docket by the reasonable use of prosecutorial discretion (something that the Trump Administration eliminated while outrageously calling it a “return to the rule of law” — nothing of the sort — it’s a return to docket insanity enhanced by intentional cruelty).

Your tax dollars actually pay for the wasteful and counterproductive abuses being encouraged by the Trump Administration! Eventually, Congress will have to find a solution that allows all or most of these folks to stay. But, mindlessly shoving them onto already overwhelmed Immigration Court dockets is not that solution.

The second major cause is even more invidious: Aimless Docket Reshuffling (“ADR”) by the Government! The problematic continuances being given in this system — those of many months, or even many years — are forced upon Immigration Judges by EOIR and the DOJ, usually without any meaningful input from either the sitting Immigration Judges or the affected public. Immigration Judges are required to accommodate politically-motivated “changes in priorities” and wasteful transfer of Immigration Judges wth full dockets (which then must be reset, usually to the end of the docket, sometimes to another Immigration Judge) to other locations, often in detention centers, to support enforcement goals without any concern whatsoever for due process for the individuals before the court or the proper administration of justice within the U.S. Immigration Court system.

There is only one real cure for this problem: removal of the U.S. Immigration Courts from the highly politicized U.S. Department of Justice to an independent Article I Court structure that will focus  on due process foremost, and efficient, but fair, court administration. But, until then, it’s up to the press to expose what’s really happening here and to the Article III Courts to call a halt to this travesty.

The “heroes” of the U.S. Immigration Court system, dedicated NGOs and attorneys, many of them acting without compensation or with minimal compensation, are under attack by this Administration and the DOJ. Their imaginary transgression is to insist on a fair day in court for individuals trying to assert their constitutional right to a fair hearing. They are being scapegoated for problems that the U.S. Government has caused, aggravated, and failed to fix, over several Administrations.

The DOJ is creating a knowingly false narrative to cover up their failure to deliver due process in the U.S. Immigration Courts and to shift the blame to the victims and their representatives. A simple term for that is “fraud.”

If we allow this to happen, everyone will be complicit in an assault not only on American values but also on the U.S. Constitution itself, and the due process it is supposed to guarantee for all. If it disappears for the most vulnerable in our society, don’t expect it to be there in the future when you or those around you might need due process of law. And, when you don’t get due process, you should also expect the Government to blame you for their failure.

PWS

08-19-17

 

THE ASYLUMIST — JASON DZUBOW: AS TRUMP FANS THE FLAMES OF FEAR, HATE, & DESPAIR, IMMIGRANTS & REFUGEES INSPIRE & GIVE US HOPE FOR A BETTER FUTURE!

http://www.asylumist.com/2017/08/17/in-a-time-of-hate-my-refugee-clients-give-me-hope/

Jason’s complete blog is reprinted below:

“In a Time of Hate, My Refugee Clients Give Me Hope

by JASON DZUBOW on AUGUST 17, 2017

As an ordinary citizen, it is not easy to decide the best way to confront a Nazi march. Show up to peacefully protest? That might give additional attention to the other side. Protest violently? Not only could that elevate the Nazis, it might also de-legitimize the resistance to the Nazis (even those who peacefully resist). Ignore them? That might be viewed as condoning their views. Reasonable people can differ about what to do, at least as far as the peaceful responses are concerned.

As a great American philosopher once said, “I hate Nazis.”

But when you are a public figure, especially an elected official, the decision about how to respond is clear: First, ensure safety and free speech. Second, denounce the evils of Nazism and make it plain that Nazis, Klan members, and anyone who might march side-by-side with such people are un-American, illegitimate, and unworthy of a seat at the table of public discourse.

Fortunately, the vast majority of our country’s elected leaders knew what to say in response to the Nazi march last weekend. But unfortunately, there was one important exception–our President, Donald J. Trump. To me, Mr. Trump’s contemptible silence, followed by a reluctant “denunciation” of the Nazis, followed by a denunciation of the “denunciation” is an utter disgrace. It is a green light to Nazis. It is yet another attack on common decency and on our shared national values. It is complicity with Nazism. By the President of the United States. (As an aside, one of my lawyer-friends at the Justice Department told me–perhaps half jokingly–that she wanted to post a sign in her office that reads, “Nazis are bad,” but she feared it might get her into trouble–that is where we are under Mr. Trump.)

Frankly, I am not particularly worried about the Nazis themselves. They certainly can do damage–they murdered a young woman and injured many others. But they do not have the power or support to threaten our democracy. This does not mean we should take them for granted (few would have predicted Hitler’s rise when he was sitting in prison after the Beerhall Putsch), but we should not be unduly fearful either.

On the other hand, I am very worried about our President’s behavior. His governing philosophy (perhaps we can call it, “trickle down histrionics”) is poisoning our public debate, and it weakens us domestically and internationally. Thus far, his incompetence has served as a bulwark against his malevolence, but that can only go on for so long (see, e.g., North Korea). So there is much to be concerned about.

Here, though, I want to talk about hope. Specifically, the hope that I feel from my clients: Asylum seekers, “illegals,” and other immigrants. There are several reasons my clients give me hope.

One reason is that they still believe in the American Dream. Despite all of the nastiness, mendacity, and bigotry coming from the White House, people still want to come to America. They are voting with their feet. Some endure seemingly endless waits, often times separated from their loved ones, in order to obtain legal status here. Others risk their lives to get here. They don’t do this because (as Mr. Trump suggests) they want to harm us. They do it because they want to join us. They want to be part of America. My clients and others like them represent the American ideal far better than those, like our embattled President and his racist friends, who disparage them. When I see my country through my clients’ eyes, it gives me hope.

My clients’ stories also give me hope. Most of my clients are asylum seekers. They have escaped repressive regimes or failing states. Where they come from, the government doesn’t just tweet nasty comments about its opponents, it tortures and murders them. The terrorist groups operating in my clients’ countries regularly harm and kill noncombatants, women, children, and even babies. My clients have stood against this depravity, and many of them continue to fight for democracy, justice, and human rights from our shores. My clients’ perseverance in the face of evil gives me hope.

Finally, I have hope because I see the courage of my clients, who refuse to be cowed by the hateful rhetoric of our Commander-in-Chief. Since the early days of his campaign, Mr. Trump has demonized foreigners and refugees, and after he was sworn in as President, these individuals were the first to come into his cross hairs. If he can defeat people like my clients, he can move on to new targets. But many refugees and asylum seekers have been subject to far worse treatment than Mr. Trump’s bluster, and they are ready to stand firm against his bullying. Their fortitude encourages others to stand with them. And stand with them we will. The fact that vulnerable, traumatized people are on the front lines of this fight, and that they will not surrender, gives me hope.

I have written before about the tangible benefits of our humanitarian immigration system. It demonstrates to the world that our principles–democracy, human rights, freedom, justice–are not empty platitudes. It shows that we support people who work with us and who advance the values we hold dear. When such people know that we have their backs, they will be more willing to work with us going forward. And of course, that system helps bring people to the United States whose talents and energy benefit our entire nation. Add to this list one more benefit that asylees and refugees bring to our nation in this dark time–hope.”

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Thanks, Jason!

The irony and extreme contrast between those hollowly claiming to “Make America Great” and those who are actually “making America great” is simply stunning.

PWS

08-18-17

 

 

POLITICO HIGHLIGHTS LACK OF DUE PROCESS, CULTURAL AWARENESS, PROPER JUDICIAL TRAINING IN U.S. IMMIGRATION COURT’S HANDLING OF VIETNAMESE DEPORTATION CASE!

http://www.politico.com/story/2017/08/14/trump-immigration-crackdown-vietnam-241564

“Trump’s immigration crackdown hits Vietnam
Inside the case of one man who feared torture because of his Montagnard roots, but was deported last month.
By DAVID ROGERS 08/14/2017 05:39 AM EDT
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President Donald Trump’s “get tough” approach to immigration is now impacting — of all people — the Montagnard hill tribesmen who fought alongside the Green Berets in the Vietnam War.

The son of one such Montagnard veteran was deported back to Vietnam in July, a stunning move for many in the refugee community because of their history in the war and the continued evidence of political and economic mistreatment of Montagnards in Vietnam.

. . . .

The case captures all the twists and turns in the U.S. immigration system, compounded by pressure from the White House for quick results. No one emerges looking all good or all bad, but the outcome shows a remarkable blindness to history.

Nothing reveals this better, perhaps, than the exchanges between judge and defendant during a brief immigration court proceeding in June 2016, when Chuh was first ordered deported.

At that time, Chuh was being held at an ICE detention facility in Irwin County, Georgia. He had completed a state prison term for a first-time felony conviction in North Carolina related to trafficking in the synthetic drug MDMA, commonly called “ecstasy.” He remained without legal counsel and had to speak back-and forth by video conference with U.S. Immigration Court Judge William A. Cassidy of Atlanta, about 180 miles away.

POLITICO obtained a digital audiotape of the proceeding from the Justice Department under the Freedom of Information Act. The entire hearing ran just 5 minutes, 2 seconds, and the two men, Cassidy and Chuh, might have been ships passing in the night.

Chuh told Cassidy that he feared torture if he were sent back to Vietnam. But following the misguided advice of fellow detainees, he hurt his own cause by rejecting the judge’s offers to give him more time to find an attorney and seek protection.

On the other side, Cassidy, a former prosecutor, did not probe why Chuh feared torture. In fact, the judge showed no sign of knowing he was dealing with a Montagnard defendant and not the typical Vietnamese national.

Time and again, Cassidy incorrectly addressed Chuh as “A. Chuh” — not realizing that the A is Chuh’s single-letter last name and a telltale sign of his Montagnard heritage. The process was so rushed that Cassidy inadvertently told Chuh “Buenos dias” before correcting himself at the end.

Most striking, the word Montagnard is never heard in the entire tape. Its origins are French, a remnant of Vietnam’s colonial past and meaning, roughly, “people of the mountain.”

Over the years, the Montagnard label has been applied broadly to several indigenous ethnic groups concentrated in the Central Highlands and with their own distinct languages and customs. They share a hunger for greater autonomy in Vietnam and have been willing to side with outsiders, like the French and later Americans, to try to get it. At the same time, Vietnam’s dominant ethnic Kinh population has long treated the hill tribes as second-class citizens. Regardless of who has ruled Vietnam, the record is often one of suspicion and mistreatment toward the Montagnards.

The Montagnards’ strategic location in the Highlands, however, has long made them an asset in times of war. And beginning early in the 1960s, the Central Intelligence Agency and Green Berets recruited tribesmen to collect intelligence and disrupt enemy supply lines.

Chuh’s 71-year-old father, Tony Ngiu, assisted in this U.S. effort, but paid dearly later when he was sentenced to nine years in reeducation camps and hard labor by the victorious North. He was able to come to the U.S. in 1998 with much of his family, including Chuh, then a boy of about 13.

Like many Montagnards, he settled in North Carolina, which is also home to military installations used by the Green Berets, more formally known as U.S. Army Special Forces. But because Chuh was 18 by the time his father became a full citizen, he did not derive automatic citizenship himself.

“I am very, very sad,” Ngiu said. “I want them to send my son home so he can take care of his children.”

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Read Rogers’s much longer full article at the link.

It’s not surprising that this case arose in the oft-criticized Atlanta Immigration Court where due process is routinely subordinated to achieving high levels of rapid removals. Unfortunately, as Jason Dzubow pointed out in a blog on The Asylumist that I previously featured, “We are all in Atlanta now!”

http://immigrationcourtside.com/2017/07/20/in-immigration-circles-the-atlanta-court-is-known-as-where-due-process-goes-to-die-will-it-be-the-new-norm-the-asylumist-jason-dzubow-says-were-all-in-atlanta-now/

Additionally, the SPLC has documented that notwithstanding earlier complaints, EOIR has done little or nothing to stop the unprofessional conduct and anti-migrant bias demonstrated by some of the U.S. Immigration Judges at the Stewart, GA Immigration Court.

http://immigrationcourtside.com/2017/08/10/normalizing-the-absurd-while-eoir-touts-its-performance-as-part-of-trumps-removal-machine-disingenuously-equating-removals-with-rule-of-law-the-ongoing-assault-on-due-process-in-us-immig/

Indeed, it appears that the Trump-Sessions group actually likes the focus on assembly-line removals without much regard for fairness or due process that they have seen coming out of the Atlanta Court. After all, it produces high numbers of final orders of removal which, according to the latest EOIR press release, has replaced guaranteeing fairness and due process as the objective of the U.S. Immigration Courts. As Jason Dzubow noted in the above-linked blog, the Administration has rewarded those who have learned how due process is denied in Atlanta with key positions at DHS and EOIR.

And, training and continuing legal education for Immigration Judges was one of the earliest casualties of the “Sessions era” at the DOJ. If the message from on high is “move ’em all out asap” — preferably by in absentia hearings without any due process or in hearings conducted in detention with the migrants unrepresented — why would any judge need training in the law, due process, or preparing carefully constructed judicial opinions?

Harken back to the days of the Bush II Administration. After Ashcroft’s “purge of the BIA” and following 9-11, some Immigration Judges and Board Members assumed that it was “open season” on migrants. How many removal orders were being churned out and how fast they were being completed became more important that what was being done (or more properly, what corners were being cut) to produce the final orders.

As the work of the BIA and the Immigration Courts deteriorated and became sloppier and sloppier, and as the incidents of Immigration Judges’ being rude, belligerent, and generally unprofessional to the individuals and private attorneys coming before them mounted, the Article III Federal Courts pushed back. Published opinions began “blistering” the performance of individual Immigration Judges and BIA Members by name, some prominent Federal Judges on both the conservative and liberal sides of the equation began speaking out in the media, and the media and the internet featured almost daily stories of the breakdown of professionalism in the U.S. Immigration Courts. The Courts of Appeals also remanded BIA final orders, many of which summarily affirmed problematic Immigration Court rulings, by the droves, effectively bringing the Bush Administration’s “deportation express” to a grinding halt as the BIA was forced to further remand the cases to the Immigration Courts for “do-overs.”

Finally, it became too much for then Attorney General Alberto Gonzalez. Although Gonzalez will hardly go down in history as a notable champion of due process, he finally issued what was basically a “cease and desist order” to the BIA and the Immigration Judges. Unfortunately, rather than admitting the primary role of the DOJ and the Administration in the disaster, and changing some of the DOJ policies and procedures that contributed to the problem, Gonzalez effectively chose to blame the whole debacle on the Immigration Judges, including those who didn’t participate in the “round ’em up and move ’em out” spectacle spawned by Administration policies. Gonzalez ordered some reforms in professionalism, discipline, and training which had some shot term effects in improving due process, and particularly the results for asylum seekers, in Immigration Court.

But, by the present time, EOIR has basically returned to the “numbers over quality and due process” emphasis. The recent EOIR press release touting increased removals (not surprisingly grants of relief to migrants decreased at the same time) in response to the President’s immigration enforcement initiatives clearly shows this changed emphasis.

Also, as Rogers notes in his article, the BIA and some Immigration Judges often apply an “ahistorical” approach under which the lessons of history are routinely ignored. Minor, often cosmetic, changes such as meaningless or ineffective reforms in statutes and constitutions, appointment of ombudsmen, peace treaties, cease fires, and pledges to clean up corruption and human rights abuses (often issued largely to placate Western Governments and NGOs to keep the foreign aid money flowing) are viewed by the BIA and Immigration Judges as making immediate “material improvements” in country conditions in asylum cases, although the lessons of history and common sense say otherwise.

Sadly, the past appears to be prologue in the U.S. Immigration Courts. It’s past time for Congress to create and independent, Article I U.S. Immigration Court.

PWS

08-14-17