“Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“

https://www.fool.com/investing/2017/09/29/warren-buffett-on-immigration-reform.aspx

Matthew Frankel reports for The Motley Fool:

“Immigration reform has been a hot-button issue long before President Trump pledged to build a wall along our border. And while there’s certainly an argument to be made that we need to do a better job of controlling illegal immigration, there’s also a strong case to be made that immigrants are a big driving force behind America’s growth — past, present, and future.

Warren Buffett has been very outspoken in recent years about America and its amazing economic story. Not only does Buffett feel that immigrants have led us to where we are today, but he also thinks that immigrants are an essential component of our country’s future success.

Here’s what Warren Buffett thinks of immigrants
In a nutshell, Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem. “This country has been blessed by immigrants,” Buffett said in February at Columbia University. “You can take them from any country you want, and they’ve come here and they found something that unleashed the potential that the place that they left did not, and we’re the product of it.”

Referring to Albert Einstein and Leo Szilard, both of whom were immigrants themselves, Buffett said, “If it hadn’t been for those two immigrants, who knows whether we’d be sitting in this room.”

In his most recent letter to Berkshire Hathaway’s (NYSE:BRK-A) (NYSE:BRK-B) shareholders, Buffett specifically mentioned immigrants as one of the major components of America’s success story. “From a standing start 240 years ago — a span of time less than triple my days on earth — Americans have combined human ingenuity, a market system, a tide of talented and ambitious immigrants, and the rule of law to deliver abundance beyond any dreams of our forefathers.”

On a pathway to citizenship
Buffett is an outspoken Democrat who actively campaigned for Hillary Clinton during the 2016 presidential race. So it shouldn’t come as too much of a surprise that Buffett doesn’t want to deport millions of illegal immigrants who are currently in the United States.

In a 2015 interview with Fox Business, Buffett said

People should be able to earn citizenship who are here. You know, I do not think we should deport millions of people. So, I think we should have a real path to citizenship.

Buffett was then asked specifically about the DREAM Act and its 800,000 minors who are in the country illegally and now face an uncertain future after the end of DACA, from the perspective of a successful American businessman. Buffett replied:

It is a question of being a human being not really a businessman. Immigrants came, our forefathers came as immigrants, they got here anyway they could. And who knows what I would have done if I were in some terrible situation in a country and wanted to come here…a great percentage of them are good citizens. I would have a path to citizenship for them, I would not send them back.

 

On immigration policy and reform
As we all know, the immigration debate has been going on for a long time. And Buffett’s stance hasn’t changed much over the past several years. In a 2013 interview with ABC’s This Week, Buffett said:

I think we should have a more logical immigration policy. It would mean we would attract a lot of people, but we would attract the people we want to attract in particular — in terms of education, tens or hundreds of thousands of people. We enhance their talents and have them stick around here.

Buffett went on to say that any reform package should “certainly offer [undocumented immigrants] the chance to become citizens,” and one main reason for doing so would be to deepen the talent pool of the labor force.

Buffett’s stance on immigration in a nutshell
Warren Buffett believes that allowing immigrants who are already in the country to stay and pursue citizenship is not only the right thing to do, but is essential to America’s continued economic prosperity. Buffett certainly sees the need for immigration reform, as most Americans of all political affiliations do, but wants to encourage and simplify the legal pathways to immigration.”

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Buffet speaks simple truth: Immigrants, both documented and undocumented are not threats, but rather are a necessary ingredient for America’s greatness. We need to bring law-abiding undocumented individuals into our society in some type of legal, work authorized status. We also need substantial across the board increases in legal immigration, so that in the future the immigrants we need can come through the legal system (or wait in a realistic line) rather than coming through an underground system and working and living in the shadows.

The lies, misrepresentations, and false narratives being peddled by Trump, Sessions, Bannon, Miller, Kobach, Cotton, Perdue, King, Goodlatte, Labrador, the so called “Freedom” Caucus, and the rest of their White Nationalist restrictionist cronies are a path to national disaster. Removing existing non-criminal migrants who happen to be working here in undocumented status is a colossal waste of limited Government resources that actually hurts our country in numerous ways.

Time to stand up against the restrictionist, White Nationalist, xenophobic, anti-American blather. Demand that your Congressional representatives back sane, humane immigration reform that takes care of those already here and recognizes their great contributions while appropriately and significantly expanding future legal immigration opportunities so that we don’t keep repreating our mistakes over and over.

Let’s be honest about it. If the time, money, and resources that the U.S. Government is currently spending on the counterproductive aspects of immigration enforcement and inhumane immigration detention were shifted into constructive areas, there would be no “disaster relief crisis” in Puerto Rico and the Virgin Islands right now, and we’d have more money to spend on heath care, job training and retraining, infrastructure, addressing the opioid crisis, and many more legitimate national priorities!

PWS

09-30-17

BREAKING: 5th Cir. Says Texas Cities Must Comply With DHS Detainers, But Blocks Laws Punishing Free Expression & Non-Cooperation!

http://www.reuters.com/article/legal-us-usa-texas-immigration/u-s-appeals-court-allows-part-of-texas-law-to-punish-sanctuary-cities-idUSKCN1C02QC

Reuters reports:

“AUSTIN, Texas (Reuters) – A U.S. appeals court on Monday issued a mixed decision on a Texas law to punish “sanctuary cities” by allowing a few parts of the law to take effect but blocking major parts of it.

The U.S. Court of Appeals for the Fifth Circuit allowed the part of the Texas law that called on localities to abide by detainer requests from federal authorities to hold people in local jails to allow for checks of suspected U.S. immigration law violations.

But the court left in place a lower court decision to block a part of the law that would punish local officials who criticized state policies on immigration enforcement.

The appeals court has yet to render a full decision on the law.”

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Read the full article at the link.

This appears to be  an important victory for the Trump-Sessions program of requiring  jurisdictions to honor DHS Detainers issued by non-judicial officers. Seems clear that the 5th Circuit ultimately will vacate the injunction on this part of Texas SB 4.

PWS

O9-25-17

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

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

Stern writes:

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

Mark Joseph SternMARK JOSEPH STERN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

09=19-17

WASHPOST: CALIFORNIA LEADS THE WAY WITH SANE IMMIGRATION ENFORCEMENT POLICY!

https://www.washingtonpost.com/opinions/trumps-immigration-crackdown-hits-a-speed-bump/2017/09/18/d2cfe5e2-9caf-11e7-9083-fbfddf6804c2_story.html?utm_term=.71f46f2f1bb2

The Editorial Board writes:

“PRESIDENT TRUMP’S campaign against immigrants who are in the country illegally has triggered a backlash in some Democratic-leaning states and localities. Perhaps the most sweeping example just emerged from the state legislature in California, which extended so-called sanctuary protections to people who lack legal authorization to live in the United States. Gov. Jerry Brown (D) agreed to sign the legislation, known as the California Values Act, after insisting on changes that injected a much-needed dollop of restraint to the original bill, which disregarded public safety in its determination to shield illegal immigrants.

The bill’s supporters boast that it has made California, where at least a fifth of the nation’s roughly 11 million undocumented immigrants live, the first bona fide “sanctuary state.” Local police and sheriffs may no longer ask about people’s immigration status in many cases, nor hold most detainees behind bars at the request of federal immigration agents.

Similar if less sweeping laws in scores of cities and counties nationwide have infuriated the Trump administration, prompting the Justice Department’s counterproductive threat to withhold federal law enforcement funds from so-called sanctuary localities. In a challenge to that threat brought by Chicago, a federal judge ruled last week that the funds could not be withheld without Congress’s say-so.

The California bill, like the court ruling, limits the administration’s enforcement discretion. It does so in keeping with common sense.

In its modified form, the bill, passed by lawmakers on a straight party-line vote, allows — but does not require — localities to cooperate in detaining and handing over undocumented immigrants convicted of one or more on a list of some 800 violent and serious crimes. They include sex offenses, arson, domestic violence and even some lesser crimes chargeable either as misdemeanors or felonies.

It’s critical that even the state’s most liberal precincts — we’re talking to you, San Francisco — receive that message. It’s one thing to stand on the principle that illegal immigrants, most of whom have been in the country for 15 years or more, are a productive and vital part of America’s social fabric. It’s another to turn a blind eye to undocumented residents who have committed major crimes, imperil public safety and should be removed. As Mr. Brown put it on NBC’s “Meet the Press,” those who have committed serious crimes “have no business being in the country.”

 

The final bill allows more cooperation between federal and local law enforcement agencies than many advocates for illegal immigrants would like. Immigration agents will be allowed to interview people in jails, though they’ll be barred from setting up offices in them, and they’ll have access to some California enforcement databases under rules set by the state attorney general.

The attempt at striking a legislative balance prompted the state police chiefs’ association, but not the sheriffs’ association, to drop its initial opposition to the bill. The generally more lenient stance by police reflects the challenge they face in cultivating strong relations with immigrant communities, without which neither victims nor witnesses will cooperate with them. Such on-the-ground facts have carried the day in California. The administration should take note.”

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

Facts don’t matter in Gonzo Apocalypto’s White Nationalist crusade against immigrants and Latinos. His sanctuary cities threats have never had anything to do with effective law enforcement. He hasn’t shown any interest in understanding the legal and law enforcement issues here, nor has he ever tried to sit down with state and local authorities with an open mind to find common ground that accommodates the legitimate needs of both the Feds and the locals.

In a recent NY Times article, one sheriff pointed to Sessions’s willful ignorance of the law:

“A meeting this spring between Mr. Sessions and several sheriffs offered one reason the Trump administration may seem so far out of sync with local authorities on the issue. According to one sheriff who was there — Richard Stanek of Hennepin County, Minn. — when the federal court decisions from the last three years concerning extended jail holds came up in discussion, Mr. Sessions appeared to be unfamiliar with them.
“He was still living in 2014,” Mr. Stanek said. “He had no idea what we were talking about.”

Legal knowledge has never been a factor in Sessions’s long career built on bias, racism, White Nationalism, and reading false narratives from “cue cards” prepared by restrictionists.  I’m actually surprised that Sessions was only three years behind the times here; most of his policies, pronouncements, and “Gonzo” views are firmly rooted in the “Jim Crow” Alabama of the 1950s and 1960s (although current Alabama politics where twice-defrocked “judge,” racist theocrat Roy Moore is a likely winner to replace Sessions provides little evidence that the nearly all White Alabama GOP electorate has ever gotten out of the Jim Crow era — what a total disgrace!)

Compare Gonzo’s incompetent and tone deaf approach with that of a real public servant like Gov. Jerry Brown who knows how to bridge the gap to achieve a balanced approach. Compare California’s carefully constructed Senate Bill 54 with Texas’s overbroad and racially motivated SB 4, much of which was recently enjoined by a Federal Court. Compare real leadership with the pandering to white restrictionists and divisive actions of Tex. Gov. Greg Abbott and Tex. AG Ken Paxton, who steadfastly fail to represent or consider the legitimate interests of their many Hispanic residents while working with the GOP to disenfranchise minority, primarily Hispanic, voters.  Balance just isn’t a factor in the Trump/Sessions immigration enforcement program or in the actions of unfit public officials like Abbott and Paxton.

PWS

09-19-17

 

NYT: THE “ANTI-DREAMERS'” (KNOWINGLY) FALSE NARRATIVE!

 

https://www.nytimes.com/2017/09/08/us/politics/why-common-critiques-of-daca-are-misleading.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

Linda Qiu writes:

“Defenders of President Trump’s decision to rescind an Obama-era immigration policy that shielded young immigrants from deportation have offered misleading critiques of the program.

They say the Deferred Action for Childhood Arrivals policy, known as DACA, led to a humanitarian crisis on the border, put native-born Americans out of work and conferred legal status to recipients. Here’s an assessment.

DACA does not specifically grant legal permanent residency or citizenship, but there are pathways for recipients.
Conservative news personalities have suggested that DACA leads to citizenship or that recipients are eligible. These claims require more context.

DACA grants recipients work permission and protects them from deportation, but it alone does not confer citizenship or legal permanent resident status. They are not granted legal status, according to the Department of Homeland Security, though their removals are deferred.

But, according to immigration data, just under 40,000 DACA recipients have obtained “green cards,” or legal permanent residency, and over 1,000 have become American citizens. This is possible because DACA recipients can change their immigration status through a legal basis other than DACA (like marrying an American citizen).

While immigration law bars people who overstayed their visa from returning to the United States for three or 10 years, depending on how long they have resided here unlawfully, DACA halts recipients’ accrual of “unlawful presence.” So someone who obtained DACA status before the re-entry penalty was triggered would remain protected from it.

DACA recipients who entered the country illegally cannot apply for residency the same way as people who entered legally and overstayed their visas. They can, however, apply for “advance parole,” which gives recipients permission to travel outside the United States under special circumstances and is not specific to DACA. When they return to the United States, they enter legally, opening up other avenues for legal status.

It’s misleading to suggest that DACA triggered a wave of migration from Central America.
In a statement, Mr. Trump blamed DACA for spurring “the massive surge of unaccompanied minors from Central America,” a claim echoed by his attorney general, Jeff Sessions, and other Republican lawmakers. But the link between DACA and the humanitarian crisis in 2014 is largely anecdotal and overstated.

Nearly 70,000 children, overwhelmingly from Honduras, Guatemala and El Salvador, tried to cross the United States border alone in the 2014 fiscal year. They would not have qualified for DACA, a program for undocumented immigrants brought in before age 16 who had been living in the United States since 2007.

There were certainly reports of children who listed American immigration policy as having prompted their solo journeys. The Obama administration’s clarification that the minors were not eligible for DACA also suggests a need to swat away the notion. And researchers have noted the possibility that DACA might have given migrants hope that the United States could provide future reprieve from deportation.

Still, it’s a stretch to say DACA was the single or even the main motivating factor behind the surge in migrant children reaching the border. For one, Salvadoran, Guatemalan and Honduran applications for asylum to other Central American countries increased by 1,185 percent from 2008 to 2014, showing that the children were seeking relief not only in the United States.

More significant drivers of the migration were violence, poverty, gang presence, economic opportunity and the desire to be reunified with family, and “it remains unclear if, and how, specific immigration policies have motivated children to migrate to the United States,” according to a 2014 Congressional Research Service report.

Department of Homeland Security data also shows that the surge in unaccompanied minors preceded President Barack Obama’s June 2012 DACA executive order. The number of apprehensions began to rise in January 2012 and plateaued from June 2012 to January 2013, before increasing and then peaking in May and June of 2014.

The evidence that DACA recipients have displaced native-born workers is lacking.
According to Mr. Trump’s press secretary, Sarah Huckabee Sanders, more than four million unemployed Americans in the same age group as DACA recipients “could possibly have those jobs” held by DACA recipients. And Mr. Sessions was more emphatic: The executive order “denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.”

While it’s certainly possible that there are individual cases of an employer hiring a DACA recipient instead of an American citizen, the claim of a widespread trend is unproved.

Data from the Bureau of Labor Statistics shows that trends in foreign-born and native-born unemployment rates have not changed with DACA. For example, the unemployment rate for natives who had attended college was lower than their foreign-born peers both before and after 2012, while the unemployment rate for natives without a high school diploma has consistently been higher than the foreign-born population.

Similarly, DACA appears to have had no discernible effect on the number of total job openings or those specifically in white collar industries — where DACA recipients are more commonly employed — which have been steadily rising since mid-2009. Economists dispute the overarching argument that less immigration leads to more jobs for Americans.

The defense that Mr. Trump’s order does not open up DACA recipients to deportation is false.
Rescinding DACA will not lead to the “mass deportation of people,” the conservative radio host and author Laura Ingraham said in an interview on Fox News. Representative Jim Jordan, Republican of Ohio, argued on CNN that the “only folks that are subject to deportation right now are those that have engaged in criminal activity.”

Mr. Jordan’s claim is false. The Department of Homeland Security has been clear that officials will potentially arrest and deport any undocumented immigrant without protected status, regardless of a criminal record. Though undocumented immigrants with criminal records still make up the majority of immigration arrests, noncriminal arrests more than doubled in Mr. Trump’s first 100 days as president, compared to the same time period in 2016.

Immigration lawyers say it’s too early to tell whether DACA recipients, who had to provide personal information to officials to apply for the status, will especially be at risk after Mr. Trump’s order. Previously, their information was “protected from disclosure” to Immigration and Customs Enforcement and Customs and Border Protection for the purpose of enforcement. The order, however, notes that information “will not be proactively provided to ICE and CBP,” and the president has said that former recipients would not be a priority for deportation.

“It’s very unclear to me whether U.S.C.I.S. will share that information if ICE affirmatively asks,” said Kate Voigt of the American Immigration Lawyers Association, referring to United States Citizenship and Immigration Services. It is clear, though, that Mr. Trump’s order rescinding DACA opens recipients up to deportation.”

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Truth is that DACA is good for the U.S. But, truth seldom, if ever, enters into the restrictionist White Nationalist narrative.

PWS

09-10-17

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

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

Dvorak writes:

Fake fear is our new leader.

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

Let me explain.

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

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

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

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

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

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

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

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

But the facts say otherwise.

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

09-08-17

IN HARVEY’S WAKE: GONZO’S ANTI-DREAMER POLICIES LIKELY TO CAUSE MORE LASTING DAMAGE TO HOUSTON THAN STORM: Homes & Businesses Can Be Rebuilt — Ruined Lives, Dashed Dreams, & Destroyed Trust Can’t: “how suffering can needlessly be inflicted!”

https://www.nytimes.com/2017/09/07/opinion/daca-trump-hurricane-harvey-.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left-region%C2%AEion=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region

Lacy M. Johnson writes in the NY Times:

“HOUSTON — As the floodwaters rose in my west Houston neighborhood after Hurricane Harvey landed, my husband and many of our neighbors pulled boats through waist-high water, knocked on doors and plucked people from their submerged houses. They rescued elderly couples, young roommates, families who do not speak English. There was no checking of IDs, no debate on whether a life was worth saving.

All across the city, as catastrophic flooding threatened to drown us, regular people risked their lives to help others. Alonso Guillen, a radio host and D.J. who lived in Lufkin, Tex., two hours from Houston, brought a boat and a group of friends here to join in those efforts. He was on that boat, saving people he had never met before, when it capsized last Wednesday and he drowned. Alonso Guillen died a hero, if not an American citizen. He was a Dreamer, a beneficiary of the Deferred Action for Childhood Arrivals program, and like the nearly 141,000 other Dreamers in Texas, he followed the requirements of the program — to stay in school or be gainfully employed — and had never been convicted of a crime. More than that, Texas was his home.

Around the time Alonso Guillen was buried in Lufkin, Attorney General Jeff Sessions announced President Trump’s decision to cancel the DACA program, saying that “enforcing the law saves lives, protects communities and taxpayers, and prevents human suffering.” Instead, what the announcement shows is how suffering can needlessly be inflicted.

The end of DACA means that hundreds of thousands of people nationwide will lose their eligibility to work. As many as 80,000 Dreamers in the greater Houston area alone could be deported to countries where they have no relationships, where they do not even speak the language. It is the disaster of this decision — more than the hurricane — that threatens to tear our city apart.

. . . .

Attorney General Jeff Sessions called the choice to end DACA “the compassionate thing.” But this decision doesn’t look like any kind of compassion I’ve seen in Houston, where everyone I know has chosen to open their homes to strangers, to feed them, clothe them, raise money for the restoration of their homes. Even people whose own houses were destroyed are helping others in the ways they can.

. . . .

The conversation about what comes next, how to rebuild and how to engineer a more equitable city, is a long one and is now only beginning. Tomorrow, some of us will choose to prepare meals, to join a work crew, to deliver donations on a flatbed truck. We’re planning to fight like hell for every single one of our Dreamers — to keep them where they are already home.”

Lacy M. Johnson is the author of “The Other Side: A Memoir” and the forthcoming essay collection “The Reckonings.”

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

Hurricanes are “acts of God” (aggravated by anti-science politicians and unwise, greed-driven choices in urban development). But, empowering White Nationalist restrictionists and their gonzo views and policies on immigration is purely a man-made disaster that can be reversed at the ballot box.  (That’s why White Nationalist Kris Kobach and his Voter Suppression Commission is working so hard to restrict suffrage!)

PWS

09-08-17

 

CNN’S TAL KOPAN: The Good Guys Take The Field — File Suit To Protect Dreamers!

http://www.cnn.com/2017/09/06/politics/daca-trump-states-lawsuits/index.html

Tal reports:

“Washington (CNN)Conservative states may have boxed President Donald Trump into announcing an end for the Deferred Action for Childhood Arrivals program — but Democratic state attorneys general are already fighting back.

A coalition of 16 Democratic and nonpartisan state attorneys general filed suit in New York federal court on Wednesday to stop Trump’s sunset of DACA — the Obama-era program that protected young undocumented immigrants brought to the US as children from being deported — and they say Trump’s comments about Mexicans should be used against him.
The groups laid out five different constitutional arguments against Trump’s move, saying it was motivated by discriminatory reasons, that it violated due process by being “fundamentally unfair,” and that it violated laws that dictate procedures for federal regulations.
The lawyers note that most DACA recipients are of Mexican origin and devote a whole section to inflammatory statements Trump has made about Mexicans, including his attacks on a federal judge of Mexican descent.
“As President Trump’s statements about Mexico and those with Mexican roots show, the President has demonstrated a willingness to disparage Mexicans in a misguided attempt to secure support from his constituency, even when such impulses are impermissible motives for directing governmental policy,” the attorneys general wrote.
Trump’s statements as a candidate and President have been used against him in previous lawsuits, most notably challenges against his travel ban earlier this year.
The lawsuit also devotes a section to Texas, the state that pushed Trump to end the program, using a section to describe Texas as “a state found to have discriminated against Latinos/Hispanics nine times since 2012.”

Trump on Tuesday moved to sunset the DACA program, acting in response to a threat from 10 states led by Texas Attorney General Ken Paxton sent in late June, threatening Trump that they’d sue in an unfriendly court if the President didn’t end the program by September 5.
The President said his administration would not accept any new DACA applications from Tuesday onward and that any two-year DACA permits expiring after March 5, 2018, would not be renewed.
Now, those state officials’ Democratic counterparts are hoping they can have the opposite effect on the administration, succeeding in the courts to reinstate the program that has protected nearly 800,000 young people in its time and currently has nearly 700,000 people enrolled.
“Immigration is the lifeblood of New York State,” New York Attorney General Eric Schneiderman said in a statement. “The Trump administration’s decision to end DACA is cruel, inhumane, and devastating to the 42,000 New Yorkers who have been able to come out of the shadows and live a full life as a result of the program.”
“I filed suit against President Trump and his administration to protect DACA because Dreamers are just as American as first lady Melania Trump,” New Mexico Attorney General Hector Balderas said in a statement.

Justice Department spokesman Devin O’Malley said the department is ready to defend itself.
“As the attorney general said yesterday: ‘No greater good can be done for the overall health and well-being of our Republic, than preserving and strengthening the impartial rule of law,'” O’Malley said. “While the plaintiffs in today’s lawsuits may believe that an arbitrary circumvention of Congress is lawful, the Department of Justice looks forward to defending this administration’s position.”

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

Read Tal’s complete article at the link.

I agree with Steve Yale-Loehr and other experts that Federal Courts (other, of course, than Judge Hanen in Texas) usually are reluctant to get into the area of prosecutorial discretion (“PD”). During my “Legacy INS” days, we successfully fended off numerous attempts to judicially review PD.

There were two areas, however, where we sometimes got “pushback” from Federal Judges. One involved claims of systematic racial, political, or nationality bias in PD decisions. The other involved claims that the Government had promised foreign nationals PD as an inducement for testimony or evidence in connection with criminal investigations.

Both of these appear to be implicated here. Indeed, Sessions’s anti-immigrant, anti-Latino rant from yesterday, replete with demonstrable misrepresentations and unfounded innuendo, should be a “treasure trove” for plaintiffs.

Additionally, as I pointed out in a blog from earlier this week, some Federal Judges are already on record as finding unfairness in the DHS practice of soliciting applications for humanitarian relief and then using the application information as proof of removability. The overwhelming majority of DACA applicants were not in enforcement proceedings. The came forward to USCIS voluntarily in response to a Government campaign urging them to apply and promising that application information would not be used against them.

In the past, the racially charged bombastic statements of Trump and his minions have been very useful to plaintiffs in making out a case of invidious motivation.

Finally, the claim that the Sessions DOJ is interested in  preserving and strengthening the rule of law might well provoke laughter in the courtroom. And, Sessions won’t be able to prosecute Federal Judges for reacting to his disingenuous claims the same way he can threaten his activist critics. Indeed, I can only hope that the Federal Judge assigned to this case is astute enough to note that such a ridiculous claim is being made in behalf of a President who consistently disrespects the Federal Judiciary and whose sole act of  clemency to date has been to pardon the notorious racist scofflaw “Sheriff Joe” who was held in  contempt of Federal Court. “Rule of law” indeed!

PWS

09-06-17

 

 

 

 

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

 

 

OUR BETTER ANGELS: The Gibson Report For 09-05-17 & “A Message For Dreamers”

“We are here for you.

We are inspired by you.

We know you belong here.

We share your dream.

We will fight alongside you.”

—- From The Gibson Report

The Gibson Report 09-05-17

Here are this week’s headlines:

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

 

Effective immediately, the Department:

  • Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of the date of this memorandum.
  • Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.
  • Will adjudicate—on an individual, case by case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted by the Department as of the date of this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018 that have been accepted by the Department as of October 5, 2017.
  • Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.
  • Will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in this memorandum for the remaining duration of their validity periods.
  • Will not approve any new Form I-131 applications for advance parole under standards associated with the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole. Notwithstanding the continued validity of advance parole approvals previously granted, CBP will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole. Further, USCIS will—of course—retain the authority to revoke or terminate an advance parole document at any time.
  • Will administratively close all pending Form I-131 applications for advance parole filed under standards associated with the DACA program, and will refund all associated fees.
  • Will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.

 

Trump administration announces end of immigration protection program for ‘dreamers’

WaPo: “The Trump administration announced Tuesday it would begin to unwind an Obama-era program that allows younger undocumented immigrants to live in the country without fear of deportation, calling the program unconstitutional but offering a partial delay to give Congress a chance to address the issue…The Department of Homeland Security said it would no longer accept new applications for Deferred Action for Childhood Arrivals, which has provided renewable, two-year work permits to nearly 800,000 dreamers. The agency said those currently enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018, will be permitted to apply for two-year renewals as long as they do so by Oct. 5.”

 

From NYIC:

  • The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates. The NYIC will also email updates and put them on our social media.
  • Immigrant ARC is working with MOIA for a large scale event. More details coming soon.
  • If you are an Immigrant ARC member and develop materials etc. that can be shared, please send them my way and I will upload them into the databank.
  • We will be uploading flyers for events, etc onto the nyic calendar (link on our front page).

 

TOP UPDATES

 

Article: Immigration Agency May Be Expanding Anti-Fraud Program

Posted 8/31/2017

Bloomberg reports that immigration attorneys are seeing what could be an expansion of a USCIS effort to root out fraud in the immigration system. It’s “clear” the agency is looking for fraud across all visa categories, AILA Treasurer Allen Orr said.

AILA Doc. No. 17083138

 

Article: Federal Judge Blocks Texas Ban on Sanctuary Cities in Blow for Trump

Posted 8/31/2017

The Guardian reports that a federal judge has issued a preliminary injunction that blocks key parts of Texas’s ban on sanctuary cities, two days before the law was scheduled to go into effect. AILA moved its 2018 conference out of the Dallas area in protest at SB 4.

AILA Doc. No. 17083140

 

CALLS TO ACTION

 

DACA Rally – The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates.

 

NYIC SIJS Request: As a follow up to ongoing conversations that have come out of our liaison meetings and other conversations with the local USCIS office, they have asked me to put together a list of A numbers of over 18 year old SIJS cases that have been pending with no movement or decision so that they can get more information from the NBC. If you have cases like that could you let me know. I would love to get this to them in mid-September so that they have the information by our next liaison meeting.

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

In times like these, all of us on the “right side of history” —  who have reflected on things like the causes of World War I and World War II, the horrors of Communism, Jim Crow Laws, the failure of the American Legal System to stand up to racism during most of the century following the Civil War, and the costs of “science deniers” —  need to stick together and work as a team to resist and ultimately defeat the forces of darkness and evil that have taken over our Government, our country, and are now threatening the future and safety of our world. They can’t be allowed to prevail with their ignorant, yet disturbingly arrogant, messages and actions of hate, disdain, racism, and selfishness.

Time for the “good hombres” to stand up and be counted in opposition to the “bad hombres!”

PWS

09-05-17

 

SLATE: “Jeff Sessions Spews Nativist Lies While Explaining Why Trump Is Killing DACA!”

http://www.slate.com/blogs/the_slatest/2017/09/05/sessions_daca_speech_was_full_of_nativist_lies.html

Mark Joseph Stern writes:

“Many Republicans have made clear in recent weeks that they favor the basic policy DACA enshrined, and merely oppose its executive implementation. Sessions, who helped persuade Trump to kill the program, is not one of those Republicans. In his remarks, he directly denounced the very idea of granting any kind of amnesty to undocumented individuals brought to the U.S. as children through no fault of their own. At the heart of his speech were two lies, straight from Breitbart, explaining why DACA must end:

The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.

Let’s examine these falsehoods in turn.

First: Sessions claimed that DACA “contributed to a surge of unaccompanied minors on the southern border.” This allegation, often touted by far-right xenophobes, is false. A study published in International Migration, a peer-reviewed academic journal, found that the surge in unaccompanied minors actually began in 2008. (DACA was announced in 2012.) The authors pointed to a host of factors contributing to this phenomenon, including escalating gang violence in Central America, as well as drug cartels’ willingness to target and recruit children in Mexico. But the study found that DACA was not one of these factors. Its authors concluded that “the claim that DACA is responsible for the increase in the flow of unaccompanied alien children is not supported by the data.”

Even without the study, it should be obvious that DACA played no role in this surge of unaccompanied minors because the theory itself makes no sense. Undocumented children who arrived in the United States following DACA’s implementation would not qualify for the program. Only those individuals who “have continuously resided in the United States since June 15, 2007” and “were physically present in the United States on June 15, 2012” could receive DACA status. Why would parents send their children to the U.S. to participate in a program in which they are not legally permitted to participate?

Second: Sessions alleged that DACA has “denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” This line is obviously drawn from the false narrative that immigrants steal jobs from American citizens. There is no actual evidence that DACA recipients have taken jobs from any Americans, let alone “hundreds of thousands.” There is, however, strong evidence that killing DACA will significantly damage the economy—a fact that Sessions conveniently omitted from his speech.

Once DACA is fully rescinded, its former recipients will lose their work permits (and thus their jobs) and face possible deportation. According to the left-leaning Center for American Progress, about 30,000 people will lose their jobs each month as their DACA status expires. The loss of these workers could reduce the national GDP by $280 billion to $433 billion over the next decade. According to estimates by the libertarian Cato Institute, DACA’s demise will cost employers $2 billion and the federal government $60 billion. Trump’s decision to end DACA isn’t a job-saver; it’s a job-killer.

Toward the end of his speech, Sessions praised the RAISE Act, a Republican-backed bill that would tightly curtail immigration into the U.S. Sessions claimed the act would “produce enormous benefits for our country.” In reality, the measure marks an effort to return America to an older immigration regime that locked out racial and ethnic minorities. Sessions has praised the 1924 law that created this regime—a law whose chief author declared that his act was meant to end “indiscriminate acceptance of all races.” On Tuesday, Sessions revived this principle in slightly more polite language.

The attorney general’s utterly gratuitous defamation of young Latino immigrants tells you everything you need to know about the decision to kill DACA. Before Tuesday, the Trump administration seemed eager to frame its DACA decision as respect for constitutional separation of powers: Congress, it insisted, not the president, must set immigration policy. But after Sessions’ speech, it is difficult to view this move as anything other than an attempt to implement the white nationalism that Trump and Sessions campaigned on.”

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Read the full report at the link.

It shouldn’t be news by now that “Gonzo Apocalypto” is a lifelong racist and White Nationalist totally unfit to serve as Attorney General. That’s what Liz Warren and others said during the confirmation process when Sessions’s GOP “fellow travelers” were so eager to brush over his un-American record and his anti-American views.

Latinos, Asians, Blacks, Jews and other American minorities need to unite with those of us who don’t want a return to the “Jim Crow” American South of the earlier 20th Century (which spawned the likes of Sessions and where the white GOP population is still racially and culturally tone deaf) behind some good candidates, get out the vote, and throw the White Nationalists and their GOP enablers and apologists (guys like Mitch McConnell, Paul Ryan, and most of the rest of the today’s GOP legislators who take responsibility for nothing while encouraging the Trump Administration’s outrageous conduct by refusing to join with Congressional Democrats to “just say no'”) out of office at the ballot box.  Otherwise, there won’t be an America in the future. We’ve got to stop letting “the “30%” who either never knew or have forgotten what it means to be a real American run roughshod over our country and particularly our kids. It’s going to be a long four years. Feels like it already.

PWS

09-05-17

GQ POLITICS: Jack Moore On Heroes & Cowards — Dreamers Die Protecting Fellow Americans While Trump Lacks Courage To Protect Them!

https://www.gq.com/story/trump-harvey-daca-heroes

Moore writes:

“It was reported this weekend that Donald Trump has decided to end the Deferred Action for Childhood Arrivals program. DACA, was designed for the controversial purpose of protecting those who were brought to this country as young children from deportation, and allowing them the ability to get work visas. I mean, can you even imagine such an outrageous policy? People who had no say in their own arrival in the country and who in so many cases don’t even remember their birthplace, being protected by the government because it’s “the right thing to do” and “only a cruel monster would do otherwise” might seem like a bipartisan win, and yet here we are.
The program will go away in six months, thus allowing the Trump administration to try to blame Congress when they are unable to find a legislative solution to protect these people. And as Trump was making this decision, large swaths of Texas were underwater thanks to the devastation brought about by Hurricane Harvey. And while President Trump may not have been modeling good American ideals, many were as normal Americans took to their boats to try to save trapped families. Among those Americans? Alonso Guillen.
Alonso Guillen was brought to America when he was a young teen, and was allowed protection under DACA. This allowed Guillen to to get a work permit and make a living as a radio DJ without fear of deportation. When Harvey hit and most people were doing everything they could to get out of dodge, Guillen took a borrowed boat and drove into harm’s way to try to save people. Their boat tragically crashed into a bridge where Guillen and a friend died in the water.

The Houston Chronicle has this heart-breaking (and yet inspiring) story from Guillen’s father of his son’s bravery:
Guillen’s father, Jesus Guillen, said he’d asked his son not to try and rescue people in the storm, but he insisted, saying he wanted to help people. He cried and prayed on Sunday afternoon as they pulled his son’s body from the water.
“Thank you, God,” he said, “for the time I had with him.”
In addition to Guillen, other DACA recipients have volunteered in the recovery and were featured on MSNBC’s AM Joy asking Donald Trump to meet with them and see all the good they’re doing. It’s worth noting that these volunteers, as well as Alonso Guillen looked at a tragic situation hitting a major American city and asked “what can I do to help?” Donald Trump didn’t even meet with flood survivors until the Internet shamed him into it for days after his initial photo-op visit to Texas. I sincerely hope President Trump takes these young people up on their offer to meet. He’d learn a lot about what it means to be an American.”

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Not likely that the “Coward in Chief” would dare go face to face with those he is throwing under the bus. After all, this is a guy who was afraid to throw out the first pitch for the Nationals because he thought he would be booed. (Solution: Better policies, more humanity, stop pandering to the White Nationalist minority = more cheers, fewer boos. Besides who knows, Nats fans are among the politest and most well-behaved I have observed. Nats Park is one of the limited number of venues that deserves to be called “Family Friendly.” Now, perhaps that’s just because 75% of the fans appear to spend 80% of the game on their cell phones.) Trump almost never goes anywhere except to make campaign style appearances before his base in which he touts his divisive policies.

PWS

09-05-17

BREAKING: “GONZO APOCALYPTO” IS POLITICAL POINT MAN FOR ENDING DACA — TRUMP HIDES DURING ANNOUNCEMENT — AG Doesn’t Know Enough Law To Defend African American Voters Or American Kids — Other AGs Able To Do Both — Time For A “Competency Check?”

https://www.washingtonpost.com/news/post-politics/wp/2017/09/05/trump-administration-announces-end-of-immigration-protection-program-for-dreamers/?hpid=hp_rhp-top-table-main_daca-1110a-duplicate%3Ahomepage%2Fstory&utm_term=.7cbb30e0641e

David Nakamura reports for the Washington Post:

“In announcing the decision at the Justice Department, Attorney General Sessions said that former president Barack Obama, who started the program in 2012 through executive action, “sought to achieve specifically what the legislative branch refused to do.”

He called it an “open-ended circumvention of immigration law through unconstitutional authority by the executive branch,” and said the program was unlikely to withstand court scrutiny.

 

The Department of Homeland Security said it would no longer accept new applications for Deferred Action for Childhood Arrivals, which has provided renewable, two-year work permits to nearly 800,000 dreamers. The agency said those currently enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018, will be permitted to apply for two-year renewals as long as they do so by Oct. 5.

New applications and renewal requests already received by DHS before Tuesday will be reviewed and validated on a case-by-case basis, even those for permits that expire after March 5, officials said.

Trump administration officials cast the decision as a humane way to unwind the program and called on lawmakers to provide a legislative solution to address the immigration status of the dreamers. Senior DHS officials emphasized that if Congress fails to act and work permits begin to expire, dreamers will not be high priorities for deportations — but they would be issued notices to appear at immigration court if they are encountered by federal immigration officers.

. . . .

Sessions wrote a memo Monday calling DACA unconstitutional, leading acting Homeland Security Secretary Elaine Duke to issue a memo Tuesday to phase out the program. The decision came on the day set by Texas and several other states to pursue a lawsuit against the Trump administration if it did not terminate DACA.

It is unclear whether the states will still move forward with legal action.

“As a result of recent litigation,” Duke said in a statement, “we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately. We chose the least disruptive option.”

. . . .

The fight now could shift to Congress to act on a bill to grant permanent legal status to the dreamers. A bill called the Dream Act that would have offered them a path to citizenship failed in the Senate in 2010. Several new proposals have been put forward, including the Bridge Act, a bipartisan bill with 25 co-sponsors that would allow extend DACA protections for three years to give Congress time to enact permanent legislation.

But the White House and conservative Republicans could hold out for additional provisions to boost border security, such as funding for Trump’s proposed border wall or new measures to restrict legal immigration.

If DACA is shuttered next year, more than 1,000 immigrants stand to lose their work permits each day once the program is rescinded, according to a recent study by the Center for American Progress, a liberal think tank. Business leaders from major companies, including Apple, Facebook and Google, had lobbied the White House not to terminate the program, citing the economic consequences.”

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

Gee, advance concern that a Federal Court might shut down a program is a new one for Gonzo and the Trumpsters. Didn’t seem to inhibit him from arguing some pretty off the wall positions in defense of the Travel Ban, Sanctuary Cities, or why the Voting Rights Act doesn’t protect voting rights.

And we all know how statements like “they aren’t an enforcement priority” work out in practice. The majority of this Administration’s removals are folks who aren’t “priorities.”

And, notably, neither Kelly nor Duke at DHS had the courage and backbone to rein in arbitrary, wasteful enforcement by immigration agents. So, in the end, it makes no difference what the DHS “fake priorities” are; the line agents will bust anybody the feel like busting — because they can. And, after all, busting law abiding members of the community, often when they show up at DHS to check in or seek relief, is easier than tracking down real criminals. Makes the numbers look good, particularly when you obscure the fact that behind each number is a human face that belongs to a real person. Mostly ordinary people, just like the rest of us.

Also, sticking them on the already overwhelmed Immigration Court dockets without some realistic court reform aimed at restoring due process and wise use of “prosecutorial discretion” to keep cases exactly like the Dreamers off the court dockets? It’s “gonzo!” Big time!

There was a time when the Attorney General and the U.S. Department of Justice stood up for justice for all Americans, including the most vulnerable. But, that was then, this is now. Liz was “right on.”

PWS

09-05-17

THE ECONOMY: TRUMP’S “GONZO” ENFORCEMENT POLICIES LIKELY TO HINDER HOUSTON REBUILDING — “The truth is, there are not a lot of people jumping up and down to do civil construction work in Texas. It’s hot, and these jobs are pouring concrete or, worse, hot asphalt.”

https://www.washingtonpost.com/national/if-they-deport-all-of-us-who-will-rebuild-day-laborers-seen-as-key-to-texas-recovery/2017/09/04/53a22acc-914d-11e7-89fa-bb822a46da5b_story.html?hpid=hp_rhp-top-table-main_harveylaborers-815pm-display%3Ahomepage%2Fstory&utm_term=.e2695f062e16

Arelis R. Hernandez and Aaron C. Davis report for the Washington Post:

. . . .

“More than 200,000 homes sustained damage in the storm, including more than 13,500 that were destroyed, according to early local estimates that don’t provide solid numbers for some of the hardest-hit areas. Leaders in the construction industry have begun sounding alarms that there will not be enough American-born workers to rebuild as quickly as needed.

“If they would relax the rules, honestly, that would be great, we could use it,” said Jeffrey Nielsen, executive vice president of the Houston Contractors Association, whose members include the city’s largest firms that build roads, bridges and other public works.

 

Nielsen said that even before Harvey hit, almost every member of the association was grappling with a shortage of workers. With a crushing list of jobs now growing by the day, thousands need to be hired — and fast.

Nielsen said he and other construction industry officials were told at a weekend briefing that roughly 30 percent of all roads in and around Houston will remain impassable without some construction work.

“The truth is, there are not a lot of people jumping up and down to do civil construction work in Texas. It’s hot, and these jobs are pouring concrete or, worse, hot asphalt,” Nielsen said. “That’s the reality of it, and we need more people than ever.”

There are plenty in and around Houston who might consider taking on the work, which can pay $20 an hour or more, if ID requirements were relaxed, construction industry officials say.

Federal contractors are required to ensure their employees have the proper immigration status to work. (John Taggart/For The Washington Post)
The Houston metropolitan area has the third-largest illegal immigrant population in the country, about 575,000 people, according to a Pew Research Center report this year. Those workers already make up roughly a quarter of all construction laborers citywide, according to the study. Some estimate it could be closer to half.

.  .  .  .

The couple and a crew of local church volunteers are doing some initial work, but soon they will need more specialized help for wiring, reassembling walls and putting in new floors. Would they hire day laborers to help?

“Oh yeah. They need the help too. The government helps us, we help them, and all of us help the economy,” Dave Bushnell said, pointing to a crew of three men pulling up a tree stump at an adjacent home. “You see how hard they work. They’ve probably lost everything too, but they can’t sit and wait for a handout. They’ve got to work.”

.  .  . .

“We are undoubtedly going to need immigrant workers to rebuild Houston,” said Kevin Appleby, director of policy for the nonprofit Center for Migration Studies of New York. “It is clear that immigrants, including those without status, helped to rebuild New Orleans.”

Stan Marek, chief executive of Marek Construction in Houston, sees the damage left by Harvey as big enough to hopefully reset the national debate over illegal immigration.

He and other contractors want a permanent solution that will absorb the existing workforce and train them for the kinds of jobs that Houston and other parts of Texas will need. The storm, Marek said, provides an opportunity to solve an immigration problem in the state while advancing social justice.

“With some supervision and some training, we could kick-start this whole thing to basically integrate these people into society,” Marek said. “Let’s take them out of the shadows and give them the protection of our laws.”

Roberto Benavidez, 45, a Nicaraguan, has been thinking the same thing as he paces in front of a Home Depot in West Houston looking for odd jobs.

“For the country to rebuild Houston, it will need amnesty for immigrants,” Benavidez said. “I get it. It seems like we are busting in the door of your house and asking to stay, but in reality, we are knocking on the door and offering a service.”

For a larger fix, advocates say Bush’s decision after New Orleans can’t be looked at as a model. In September of 2005, the Department of Homeland Security waived worker identification requirements for “victims” of Katrina for 45 days. Critics said it was impossible to determine who was a victim, and it let illegal immigrants from across the country descend on New Orleans and be hired as subcontractors.

Appleby said he sees three likely scenarios under Trump: “Either he does not waive and continues to be strict, or he does not waive but also does not enforce, or he does relax regulations,” he said.

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The thing about ideological White Nationalist policies is that they never take reality, practicality, humanity, decency, or the best needs of the country into account. And, you can bet that lots of GOP restrictionists down in the Lone Star State will exploit immigrant labor for all it’s worth to rebuild their privileged lifestyle before voting to kick the Latinos out. Want to bet on how many of Lamar Smith’s gerrymandered GOP constituents rely on some form of undocumented workers to maintain their lifestyles?

PWS

09-05-17

 

 

 

 

 

 

 

THE HILL: RAPPAPORT ON TEXAS INJUNCTION OF PARTS OF SB 4 — City of El Cenizo v. State of Texas

http://thehill.com/blogs/pundits-blog/immigration/349103-texas-courts-pro-sanctuary-cities-decision-can-cripple

Nolan writes:

“At the end of August, a federal district court in Texas ruled against that state, halting an immigration enforcement law shortly before it was to go into effect.

The court issued a preliminary (temporary) injunction to halt the implementation of five allegedly unconstitutional provisions in Texas’ anti-sanctuary city law, Senate Bill 4 (SB 4), including one that would require law enforcement agencies in Texas to “comply with, honor, and fulfill” any immigration detainer issued by U.S. Immigration and Customs Enforcement (ICE).

This means that the court found a substantial likelihood that the plaintiffs (in this case, the parties opposing the state of Texas) will succeed in establishing that those provisions are unconstitutional when a decision is rendered on the merits of the case.

If the decision on ICE detainers is correct, which seems to be the case, it could cripple ICE’s ability to prevent removable criminal aliens from absconding when they are released from custody by state and local law enforcement agencies.

. . . .

When Texas Governor Greg Abbott signed SB 4 into law, he said that denying detainer requests can have deadly consequences.  This is illustrated by the case of Kate Steinle, who was shot dead by a criminal alien while she was walking with her father on a busy pier in San Francisco.

The alien was a repeat felon who had been deported five times, but the police department that had been holding him released him in disregard of a detainer request because San Francisco is a sanctuary city that does not honor detainer requests.

Preventing the use of detainers could have unintended consequences. If other federal courts agree with the decision’s disposition of the detainer issue; state and local police in every part of the country may have to stop honoring detainer requests, and ICE could use the time that would have been spent following up on detainers to go after noncriminal aliens.

ICE can encourage state and local police departments to participate in the federal 287(g) Program, which allows participants to enter into a partnership with ICE on the basis of a Memorandum of Agreement (MOA). They would receive training on immigration enforcement and delegated immigration authority, which includes the option of being able to detain aliens on the basis of detainers.

But ICE does not have the resources to train and supervise police in all of the state and local law enforcement agencies in the country.

The only solution is for Congress to grant state and local police the authority to detain aliens on the basis of an ICE detainer.”

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Read Nolan’s complete analysis over at The Hill at the link.

I agree with Nolan that the Chief District Judge Orlando L. Garcia’s analysis of SB 4’s constitutional infirmities appears to be correct. I also agree that rationale should eventually require DHS to change its detainer policy nationwide to meet constitutional standards.

That means that a battery of DHS and DOJ attorneys, of which there is no shortage, will have to work with the enforcement branches to come up with effective enforcement methods that comply with our Constitution. Stuff like that happens all the time. That’s why the Government needs good lawyers.

I don’t agree with Nolan that the only way for DHS to function is for Congress to pass legislation turning untrained local cops into immigration officers for the purpose of honoring detainers. Seems like you end up with the same problem, just “dressed up” differently.

I spent over a decade working for the Legacy INS on immigration enforcement matters. Nobody ever doubted that immigration officers could effectively carry out their duties 1) in full compliance with the U.S. Constitution, and 2) without relying on state and local officials. Indeed, the “mantra” of INS Enforcement in those days was “we’re the immigration pros, leave enforcement to us.” I guess times must have changed; but not that much. And, the Fourth Amendment hasn’t changed at all.

I also don’t buy the claim that Abbott was interested in protecting Texans from dangerous crime. No, this was about a White Nationalist agenda designed to put down minorities, particularly in the Latino community, and prevent them from getting their fair share of political power. That’s why, although Latinos make up a large proportion of Texas’s population, Latino leaders generally opposed the GOP’s and Abbott’s racially divisive action.

A bill really aimed at protecting all Texans, regardless of ethnicity or status, from violent crime would have received support from about 98% of residents (who really wants to be a victim of violent crime — almost nobody, as the BIA has observed on a number of occasions) including the overwhelming number  of Latinos. That it didn’t, and that a majority-Latino jurisdiction like El Cenizo is the lead plaintiff opposing the bill says all you need to know about the SB 4’s White Nationalist intent.

There will come a day when the Abbotts, Paxtons, and other denizens of the Texas White GOP will have to share power equitably with Latino and other minority Texans. When that happens, they can only hope that Latino leaders and politicians will have short memories, forgive the racism of the past, and move on to the future treating them with greater respect and consideration than they deserve based on their recent “sharp stick in the eyes” words and actions.

Until that happens — well, as I’ve said before, lots of work for lawyers and judges.

PWS

09-04-17