NFL PLAYERS, OWNER, COACHES STAND UP AGAINST RACIST IN CHIEF!

https://www.washingtonpost.com/news/early-lead/wp/2017/09/24/jaguars-owner-joins-players-during-anthem-protest-in-first-game-since-trumps-nfl-remarks/

The Washington Post reports about today’s first NFL game in London:

“Less than three hours after President Trump called on NFL owners to suspend or fire players who protest during the national anthem, the Baltimore Ravens and Jacksonville Jaguars — the first teams to play on Sunday — linked arms or took a knee during the playing of “The Star-Spangled Banner” before the teams 9:30 a.m. EDT kickoff in London’s Wembley Stadium.

Ravens Coach John Harbaugh joined his players, linking arms, and Ravens Hall of Famer Ray Lewis took a knee. Jaguars owner Shahid Khan, who had contributed $1 million to the Trump inauguration, locked arms with his players in what is believed to be the first visible participation in relation to anthem protests by a league owner.”

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Read the full report on the link.

Our President is a racist. Decent folks should band together and stand up against him. The entire state of Alabama should be hanging its head in shame as should the GOP which enabled and continues to enable this type of destructive conduct by an unqualified President.

And our racist, homophobic Attorney General Jeff Sessions and his White Nationalist agenda are a key part of dividing our country, whipping up bogus racial paranoia, and making a mockery of our justice system. Liz was right!

Meanwhile, star NFL QBs Tom Brady (Patriots) and Aaron Rodgers (Packers) posted their own messages of “unity” with their teammates.

http://www.sportingnews.com/nfl/news/tom-brady-instagram-aaron-rodgers-nfl-player-protests-unity-brotherhood-donald-trump/49cy9zprfs21gqjtwraqth6e

Oh yeah, after the anthem, the Packers came from behind to beat the Cincinnati Bengals 27-24 in OT!🏈🏈
PWS

09-24-17

TRUMP DECLARES WAR ON AFRICAN-AMERICAN ATHLETES — DISSES CURRY, NFL, NBA, LEBRON JAMES REACTS! — Packers & Other NFL Teams Push Back Against President’s Appeals To Racism & Disrespect For Constitution!

http://www.cnn.com/2017/09/23/politics/donald-trump-nfl-nba/index.html

Chris Cillizza writes on CNN:

“On one level, this is classic Trump. He feels as though he is being disrespected — whether by NFL players not standing for the national anthem or by Curry saying if it was up to him, the Golden State Warriors would not visit the White House. (The Warriors, in a statement Saturday afternoon, said they would come to Washington and do events to promote diversity and inclusiveness rather than meet with Trump.)
They hit him, so he hit back.
But, there’s something far more pernicious here. Both the NFL and the NBA are sports in which the vast majority of the players are black and the vast majority of owners are white. In the NFL, there are 0 black owners of the 32 teams. In the NBA, Michael Jordan is the lone black owner of a team.
Consider that in the context of what Trump said both Friday night and Saturday.
In Alabama, Trump called the players who refuse to stand for the anthem “sons of bitches” and insisted that any owner worth his or her salt should fire them immediately.
That got a lot of attention — and rightly so. But it’s what Trump said next that’s really telling. “Total disrespect of our heritage, a total disrespect of everything that we stand for,” he said — adding for emphasis: “Everything that we stand for.”
Notice the use of “our heritage” and “we” in those two sentences above.
But wait, there’s more. In both his Curry tweet and his two NFL tweets, Trump expressed frustration that these lucky athletes felt the need to be ungrateful.
Trump noted the “great honor” of going to the White House and the “privilege of making millions of dollars in the NFL.” You should just be thankful for what you have and not be making any trouble, Trump is telling these players.
Here’s the thing: Even if we lived in a color-blind society, that would be a dangerous sentiment. After all, freedom of expression is right there in the First Amendment. And our brave soldiers didn’t fight and die so that everyone stood during the national anthem. They fought so people could have the right to make a choice about whether or not they wanted to stand. That’s the whole damn point of the First Amendment.
The thing is: We don’t live in a color-blind society. Slavery sits at the founding roots of America. The goal of racial equality remains a goal, not an achievement. To pretend otherwise is to willfully blind yourself to hundreds years of history.
Even more context darkens the picture for Trump. He played at racially coded language throughout his presidential campaign. He also displayed a stunningly simplistic view of the black community.
“You’re living in poverty, your schools are no good, you have no jobs, 58% of your youth is unemployed — what the hell do you have to lose?” Trump said of African-Americans in a speech to a largely white audience in Michigan during the campaign. When NBA star Dwyane Wade’s cousin was shot in Chicago, Trump tweeted: “Dwayne Wade’s cousin was just shot and killed walking her baby in Chicago. Just what I have been saying. African-Americans will VOTE TRUMP!”” He took an inordinate amount of time to condemn former Ku Klux Klan leader David Duke. And so on.
As President, Trump has done little too ease concerns about his racial views — and, in fact, has heightened them. His handling of the Charlottesville, Virginia, protests — in which white supremacists and neo-Nazis marched in protest of the removal of a statue of Robert E. Lee — was particularly alarming.
Even as the protests turned violent — one woman was killed — Trump claimed that there were violent factions “on many sides” to be blamed. Days later, he doubled down on that false premise; “I watched those very closely, much more closely than you people watched it,” Trump said. “And you have — you had a group on one side that was bad, and you had a group on the other side that was also very violent, and nobody wants to say that, but I’ll say it right now.”
Although his administration tried desperately to move on from his remarks, it was made clear recently that Trump meant exactly what he said. The day after meeting at the White House with South Carolina Sen. Tim Scott — the lone black Republican in the Senate — Trump was quick to note that he had been right in his initial comments after Charlottesville.
“I think especially in light of the advent of Antifa, if you look at what’s going on there, you have some pretty bad dudes on the other side also, and essentially that’s what I said,” Trump told reporters.
And now, this.
I’ve long believed that Trump is simply saying whatever comes to mind, that there is no broader strategy to his comments. But it’s impossible to conclude that after Charlottesville, Trump is totally ignorant of the racial context in which his remarks on the NFL and NBA land. No one is that oblivious.
When, given all the water under the bridge — both in terms of our country’s history and the more narrow history of Trump’s campaign — you make comments about how the athletes in predominantly black pro sports leagues should just be happy with what they have and not complain, you aren’t doing it by accident. You really believe it.
Play football or basketball so we can be entertained, Trump seems to be telling these athletes. No one wants to hear your lack of gratitude for what you’ve been given.
There’s so many things wrong with that view.
First of all, no one gave these players anything. They worked for it.
Second, just because you are a professional athlete doesn’t mean you don’t get to be a citizen, too. We don’t tell accountants, for example, that they can’t express their opinions on politics and the culture more broadly, right? So why should we be in the business of telling professional athletes? And would Trump feel the same way if the majority of those protesting the anthem were white?
Trump defenders will note that Trump didn’t name names — other than Curry — when he blasted professional athletes. That “we” are adding color to it, not him.

But that doesn’t fly. As I noted above, both the NFL and NBA are majority black. And those refusing to stand during the national anthem are, with one exception, also all black.
Trump knows this. He is an avid consumer of TV and culture. Which means that he is purposely playing at and with racial animus here. That is a dark thing to do as the leader of the United States. And something he deserves to be condemned for.”

As reported in the Green Bay Press Gazette, Packer President/CEO Mark Murphy issued the following statement:

The full statement from Murphy:

“It’s unfortunate that the President decided to use his immense platform to make divisive and offensive statements about our players and the NFL. We strongly believe that players are leaders in our communities and positive influences. They have achieved their positions through tremendous work and dedication and should be celebrated for their success and positive impact.

“We believe it is important to support any of our players who choose to peacefully express themselves with the hope of change for good. As Americans, we are fortunate to be able to speak openly and freely.”

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

Trump’s racism and his condescending attitude toward minorities should come as no surprise given his campaign, his base, the GOP’s racially divisive agenda, and the folks surrounding him. It also should come as no surprise that Trump’s remarks came in Alabama, a state unable to advance beyond its disgusting racist history (except on the football field in Tuscolusa in the Fall) and move into the present.

It will be interesting to see what happens tomorrow at NFL stadiums. It will also be interesting to see whether African-American athletes put their money, time, and prestige behind encouraging others to vote so that Trump will never happen again and that the GOP stranglehold on our Government and our country will be broken.

Finally, why do we sing the National Anthem at sporting events in the first place? These athletic contests are entertsinment, not expressions of patriotism. We don’t sing it before concerts, movies, plays, and other performances. It doesn’t belong at sporting events either.

It is a bizarre and sad state of affairs when the President of the Green Bay Packers has to “school” the President of the United States on the meaning of our Constitution and an appropriate tone for race relations in our country!

PWS

09-23-17

 

 

 

 

AWARD-WINNING NBC INVESTIGATIVE REPORTER JODIE FLEISCHER & THE “I-TEAM” TACKLE THE MAN-MADE DISASTER IN OUR UNITED STATES IMMIGRATION COURTS — Including A Clip Of Her Interview With Me — MUST SEE TV, MONDAY, SEPT. 25, ON THE 6 PM SEGMENT OF NBC4 NEWS!

Those of you who have seen Jodie in action know that she is a brilliant, hard-hitting, no holds barred investigative journalist who always gets to the bottom of her story — no matter how little some public officials want the truth to come out! She and her all-star investigative team, including Senior Investigative Platform Manager Rick Yarborough and Photojournalist Editor Stephen Jones, are relentless.

Using her contacts throughout the nation, Jodie shows you what our Government has been trying to hide for years — the ridiculous backlogs and impending failure of one of our nation’s largest, perhaps the largest, Federal Court system! I was stunned and amazed by the amount of technical knowledge and feeling about the human side of this needless national tragedy that Jodie brought to her interview with me.

The judges and staff of the Immigration Court work hard. That’s always been true. But, that has not helped many of the vulnerable individuals caught up in the morass and not always finding the justice that our laws promise them. Similarly, it does not serve the true needs of DHS enforcement to have results determined by the number of pending cases in a particular court, many of which should have long ago been settled by the responsible exercise of prosecutorial discretion as they would have been in almost any other high volume court system in America.

What has happened to the United States Immigration Courts under the control of the U.S.Department of Justice is a sad tale of bureaucratic incompetence, intransigence, inbreeding, improper influence by enforcement authorities, and inability to provide the independent judiciary that can deliver on the court’s forgotten promise of “guaranteeing fairness and due process for all.” This has combined with a disturbing lack of Congressional oversight and reform. How can we clean up this tragic “train wreck” that threatens to topple the entire Federal Court System and to undermine our nation’s Constitution and our ideals?

Over three quarters of U.S counties now have residents in the Immigration Court system! But, even if you aren’t one of them, or a relative, friend, neighbor, employer, teacher, student, employee, patient, customer, or fellow parishioner of one of them, this mess affects you as an American. If this is the way we treat the most vulnerable among us, what’s going to save you when your precious rights are challenged in a U.S. justice system that has lost sight of justice?

Tune in Monday night to find out more about one of “America’s Most Underreported Crises.” Those interested should be able to “live stream” NBC4 News at 6 with the NBC4 app. I assume it will also be available online in the NBC4 app archives under “Investigative Reporting” once the piece has aired.

PWS

09-23-17

MORE IMMIGRATION COURT INSANITY! — DHS REPORTEDLY STRIPS OWN ATTORNEYS OF AUTHORITY TO NEGOTIATE BONDS, WAIVE APPEALS!

Sources from several areas of the country have informed me that there is a new, of course unpublished and unannounced, policy at DHS prohibiting ICE Assistant Chief Counsel who represent the agency in U.S. Immigraton Court from either negotiating bonds with private counsel or waiving appeals from U.S. Immigraton Judge decisions ordering release on bond.

This is just further evidence of the consequences of having ignorant proponents of “gonzo enforcement” in charge of both the DHS and the U.S. Immigraton Courts at the Department of Justice.

First, negotiated bonds are one of the key ways of making bond dockets move forward in an efficient manner in the U.S. Immigraton Courts. Bonds are initially sent by ICE Enforcement personnel, often on an arbitrary or rote basis. Without authority to negotiate bonds, particularly in advance, each bond hearing will take longer. Moreover, since bond cases take precedence in Immigraton Courts, longer bond dockets will further limit the already inadequate court time for hearing the merits of removal cases. With a growing backlog of over 600,000 cases, this appears to be an intentional effort to undermine due process in the Immigration Courts. Typically, when I served at the Arlington Immigration Court, at my encouragement, the parties agreed on most bonds in advance and neither party appealed more than 1%-2% of my bond decisions. Indeed, discussing settlement with the Assistant Chief Counsel in advance was more or less of a prerequisite for me to redetermine a bond.

Second, appealing all bond release decisions will also overburden the already swamped Appellate Division of the U.S. Immigration Courts, the Board of Immigraton Appeals (“BIA”). As in the Immigraton Courts, bond appeal cases at the BIA take precedence and will push decisions on merits appeals further back in line.

Third, Immigraton Judges usually only prepare a bond decision (known as a “Bond Memorandum”) in cases where a bond appeal is actually taken. Since that currently happens only infrequently, the process is manageable. However, if appeals are taken in more cases, and Bond Memoranda are “priorities,” Immigration Judges will have to spend more time writing or dictating Bond Memoranda, further limiting their time to hear cases on the merits. Moreover, by making it more burdensome to release individuals on bond, the system actually creates an inappropriate bias against releasing individuals on bond.

Fourth, yielding to inappropriate pressure from the “Legacy INS,” the Clinton DOJ gave Assistant Chief Counsel regulatory authority to unilaterally stay the release of a respondent on bond under an Immigraton Judge’s order provided that: 1) the Director originally had set “no bond;” or 2) the original bond was set at $10,000 or more. That means that the DHS can effectively neuter the power of the Immigraton Judge to release an individual on bond pending the merits hearing. By contrast, the respondent has no right to a stay pending a decision by the Immigraton Judge not to allow release, unless the BIA specifically grants a stay (which almost never happens in my experience).

Fifth, unlike petitions to review final orders of removal, which must be filed with the appropriate U.S. Court of Appeals at the conclusion of all proceedings, judicial review of bond decisions is sought in the U.S. District Courts. More decisions denying bonds have the potential to create new workload issues for the U.S. District Court.

Fifth, the individuals in the DHS most with the most knowledge and expertise in how the U.S. Immigration Courts work are the Assistant Chief Counsel. Stripping them of their authority to control dockets and settle cases, authority possessed and exercised by every other prosecutor in America, is both dumb and insulting. In what other system do the “cops” have the authority to overrule the U.S. Attorney, the District Attorney, or the State’s Attorney on matters they are prosecuting in court? It also makes the Assistant Chief Counsel job less professional and less attractive for talented lawyers.

In short, the Trump Administration is making a concerted attack on both common sense and due process in the U.S. Immigration Court system. The results are not only unfair, but are wasting taxpayer funds and hampering the already impeded functioning of the U.S. Immigraton Court system. Unless or until the Article III Federal Courts are willing to step in and put an end to this nonsense, the quagmire in the U.S. Immigration Courts will become deeper and our overall U.S. justice system will continue to falter.

We need an independent Article I Immigraton Court now!

PWS

09-23-17

USE WITH EXTREME CAUTION! — HON. JEFFREY CHASE ON THE USE OF SO-CALLED AIRPORT STATEMENTS IN REMOVAL PROCEEDINGS — They Often Prove To Be Highly Unreliable!

https://www.jeffreyschase.com/blog/2017/9/21/the-reliability-of-airport-statements-in-removal-proceedings

Jeffrey writes in his blog:

“In August 2016 I organized and moderated the mandatory international religious freedom training panel at the immigration judges’ legal training conference in Washington, D.C. One of the panelists from the U.S. Commission on International Religious Freedom (“USCIRF”) informed me of a just-published report she had co-authored.

The report, titled Barriers to Protection: The Treatment of Asylum Seekers in Expedited Removal, is the follow-up to a 2005 study by USCIRF of the treatment of arriving asylum seekers in their interactions with the various components of DHS and the Department of Justice involved in the expedited removal process. What jumped out at me from the report was the first key recommendation to EOIR: “Retrain immigration judges that the interview record created by CBP is not a verbatim transcript of the interview and does not document the individual’s entire asylum claim in detail, and should be weighed accordingly.”

The new report referenced the Commission’s 2005 findings, which it described as “alarming.” The earlier study found that “although they resemble verbatim transcripts, the I-867 sworn statements” taken from arrivees by agents of DHS’s Customs and Border Patrol (“CBP”) component “were neither verbatim nor reliable, often indicating that information was conveyed when in fact it was not and sometimes including answers to questions that were never asked. Yet immigration judges often used these unreliable documents against asylum seekers when adjudicating their cases.”

The 2016 report found similar problems with the airport statements taken a decade later. The study found the use of identical answers by CBP agents in filling out the form I-867 “transcript,” including clearly erroneous answers (i.e. a male applicant purportedly being asked, and answering, whether he was pregnant, and a four year old child purportedly stating that he came to the U.S. to work). For the record, USCIRF is a bipartisan organ of the federal government. So this is a government-issued report making these findings.”

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Read the rest of Jeffrey’s analysis at the above link.

Too bad that the Trump Administration has eliminated Annual Immigration Judge Training! With a bunch of new Immigration Judges on board and the push to rubber stamp removals as quickly as possible to comply with the President’s Executive Orders on Enforcement, I guess there is no time for training in how to make correct decisions.

In fact, when judges have enough experience to know what’s really happening and are able to selectively regulate the speed of cases to make sound decisions and achieve due process, they find out that there are lots of problems in how the DHS prepares and presents cases, not all of which immediately meet the eye.

To state the obvious, how would an unrepresented respondent in detention get together the necessary Circuit Court case law to learn and effectively challenge unreliable airport statements introduced by DHS Counsel? How would he or she subpoena Immigration Officers or get documentation necessary to show that many airport statements are prepared by rote with exactly the same information in the same language. Mistakes as to age, gender, and “best language” of applicants are common, suggesting that the reports too often have little to do with the actual facts of a particular case.

Short answer, they wouldn’t! As a result, the chances of the Imigration Judge using unreliable information to reach an incorrect decision against the respondent greatly increase.

And their use in the “kangaroo court” procedure known as “Expedited Removal” where enforcement officers make the decisions is prima facile problematic. Someday, all of the Article III Judges who have turned a blind eye to this unconstitutional procedure will have their judicial records forever tarnished in the light of history.

No wonder this Administration likes to detain individuals in out of the way locations (where conditions are coercive and lawyers are not readily available) to make their removal stats look good. And, while most Immigration Judges are conscientious, without a good lawyer to help pick apart the weaknesses and inaccuracies that are often in airport statement, invoking concepts drawn from Federal case law, the possibility of an incorrect or unjust decision is much greater.

We need an independent Article I U.S. Immigraton Court whose sole objective is achieving due processs and making correct legal decisions. And, that would include providing regular in person judicial training from a wide range of sources, including academic experts and those with litigation experience outside the government, on how to fairly evaluate evidence. It would also include a focus on insuring that every individual who goes to a “Merits Hearing” in Immigraton Court has a fair chance to be represented by counsel and reasonable access to his or her lawyer and the evidence and resources necessary to prepare a successful case.

PWS

09-22-17

NEWSWEEK REPORTS TRUMP ADMINISTRATION PLANNING MASSIVE ASSAULT ON RIGHTS OF UNDOCUMENTED TEENS ADMITTED UNDER THE WILBERFORCE ANTI-TRAFFICKING ACT!

http://www.newsweek.com/trump-administration-weighs-deporting-thousands-unaccompanied-child-migrants-668778

Graham Lanktree reports:

“The Trump administration is drafting a new policy to quickly deport more than 150,000 child migrants from Central America who arrived alone in the U.S. illegally, creating a new class of undocumented migrants.

The Department of Justice and Homeland Security is drawing up a policy proposal in a series of memos, according to two sources with knowledge of the internal debate who spoke to the Miami Herald.

As it stands, the plan would allow for teens and children who arrived in the U.S. illegally by themselves to be put on a fast track to deportation when they turn 18. Most of these children have traveled thousands of miles alone from Central American countries, including Honduras, El Salvador, and Guatemala, to escape violence and poverty.

The policy wouldn’t allow the teens to plead their case before an immigration judge.

The discussions follow controversy within the government about Deferred Action for Childhood Arrivals program, known as DACA, a program implemented by Barack Obama, which protects children brought to the country illegally by their parents from deportation.

Speaking about the new policy plans, a former U.S. Justice Department official told the Herald, “The concern is that most people at DOJ know this will likely be viewed as illegal and do not want to have to defend this in court if they can avoid it.”

Current law “doesn’t give the administration a lot of flexibility with how to deal with unaccompanied children,” said a U.S. official familiar with the internal debate about the policy. “This administration still has its hands somewhat tied with what it can do with that population,” that person said.

. . . .

The new policy around unaccompanied children is part of the Attorney General’s efforts to avoid creating a another protected group of illegal immigrants like those under DACA, the Herald’s sources said.

The arrival of unaccompanied children and families from Central America peaked in 2014. In the year between October 1, 2013 and September 30, 2014 U.S. Customs and Border Protection (CBP) says it encountered 67,339 unaccompanied children.

At the height of the influx in June 2014, 27,000 people, including unaccompanied children and families, crossed the U.S.-Mexico border. Three months later the number dropped below 5,000 following crackdowns by the U.S. and Mexico governments.

More than 150,000 children have been referred by Homeland Security to the Office of Refugee Resettlement since that time. The program cares for unaccompanied children after they are caught at the border by officials and either places them in shelters, with sponsors, or relatives in the U.S.

About 63 percent and 73 percent of the unaccompanied youth who arrive at the border are between 15 and 17 years old, making a large group of those who are in the U.S vulnerable to deportation if the administration moves ahead with the policy.

“For a growing population of migrants deported from Mexico and the United States to Central America, the conditions upon return typically are worse than when they left, setting up a revolving-door cycle of migration, deportation, and remigration,” according to the nonprofit Migration Policy Institute. The group advocates better programs to reintegrate those who are deported to their home country.

If the Trump administration decides to move ahead with the policy proposal it will it will likely meet similar opposition to Trump’s travel ban on people coming to the U.S. from six Muslim-majority nations. Elements of the ban have been blocked by federal courts and a legal case against the policy will be heard in the U.S. Supreme Court this fall.

The new policy on unaccompanied minors could be blocked by the courts almost immediately, said Leon Fresco, the former head of the Office of Immigration Litigation at the Justice Department during the Obama administration.

The question is, Fresco said, “whether the administration wants to add this to the travel ban, sanctuary cities, Byrne Jag grants, and DACA repeal to the issues they would want the Supreme Court to have to decide this year.”

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Read the complete report at the link.

These kids clearly are entitled to full and fair hearings before U.S. Immigration Judges with full rights of appeal. So, whatever Gonzo Apocalypto has up his sleeve must be clearly illegal.

DOJ career lawyers probably realize that their law licenses, and perhaps their individual freedom, could be at stake for participating in such an illegal operation. It would be nice to think that Sessions could also be held accountable under the law. But, as a high-ranking Government official, he’s likely to escape liability under the current Supreme Court rulings. Besides, Trump (or Pence) would probably pardon him anyway in the tradition of his fellow racist xenophobe “Racist Joe.”

PWS

09-21-17

 

 

 

NPR: THE TOTAL IDIOCY (AND WASTE OF RESOURCES) OF THE TRUMP-SESSIONS “GONZO ENFORCEMENT PROGRAM!”

John Burnett reports for NPR Radio. Listen here:

http://www.npr.org/2017/09/20/552339976/border-patrol-arrests-parents-while-infant-awaits-serious-operation

Here’s the written version:

When 2-month-old Isaac Enrique Sanchez was diagnosed with pyloric stenosis, a condition that causes vomiting, dehydration and weight loss in infants, his parents were told that their son’s condition was curable. The problem was that no hospital in the Rio Grande Valley of Texas had a pediatric surgery team capable of performing the operation on his stomach.

To make Isaac well, Oscar and Irma Sanchez would need to take their infant son to Driscoll Children’s Hospital, in Corpus Christi, Texas. It was just a couple of hours up the highway, but for them it was a world away.

The Sanchezes, who are undocumented, would need to pass a Border Patrol checkpoint.

“The nurse told us we had to go there,” Oscar says in Spanish. “We said we couldn’t go.”

While they pondered their predicament in a Harlingen, Texas, hospital, a Border Patrol agent showed up in the waiting room — Oscar Sanchez suspects a nurse turned them in — and said he could arrange for officers to escort the parents through the checkpoint to Corpus. But the agent said when they arrived, they would be arrested and put into deportation proceedings. The couple agreed.

The events that followed at the Corpus Christi hospital are the latest developments in a national controversy over so-called sensitive locations. Under President Barack Obama, the Department of Homeland Security adopted a policy that immigration agents should avoid enforcement actions at hospitals, schools, churches and public demonstrations unless there are special circumstances.

AROUND THE NATION
ICE Agents’ Tactics Raise Concerns About Migrants’ Access To The Justice System

 

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The Sanchezes’ 48-hour odyssey with federal agents shows the lengths to which the Trump administration will go to round up people in the country illegally, whether they have a criminal record or not.

The Border Patrol followed the ambulance, the night of May 24, as it raced to Corpus through desolate ranchland, carrying Oscar, Irma and tiny Isaac — with an IV in his arm and a tube in his stomach. Once they arrived at Driscoll Children’s Hospital, the green-uniformed agents never left the undocumented couple’s side. Officers followed the father to the bathroom and the cafeteria and asked the mother to leave the door open when she breast-fed Isaac.

“Everywhere we went in the hospital,” Oscar says, “they followed us.”

Customs and Border Protection says it is required to monitor subjects in custody “at all times” and tried to do so at the hospital “in the least restrictive manner possible.”

The next morning, agents took Oscar and Irma Sanchez, separately, from the hospital to the Corpus Christi Border Patrol station to be fingerprinted and booked. They were permitted to return. Oscar asked the surgeon if she could delay the operation until both parents could be in the waiting room. She agreed.

The parents said because Isaac is a U.S. citizen, the operation was covered by Medicaid.

“You feel vulnerable,” Oscar says. “We didn’t know if they were going to let us stay with our son or not.”

The Border Patrol, in an email to NPR, says it made sure to leave one parent with the baby at all times and that agents played no role in the decision to postpone the operation.

Driscoll Children’s Hospital, citing patient privacy, declined to discuss the case.

On a recent Tuesday 3 1/2 months after the operation, Isaac sat on his mama’s lap — all pudgy cheeks and wide eyes, wearing a top covered with little race cars. The family lives in a tidy, weathered frame house in North Brownsville, Texas.

“Thank the Lord, everything went well,” Irma says. “He still throws up a little milk, but thank God he’s fine.”

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Advocates are puzzled why the Border Patrol chose to put the Sanchezes under such intense supervision, which one would expect for higher-value targets like drug traffickers or MS-13 gang members. The couple has no criminal records. They overstayed visitors visas that were issued 12 years ago. He works construction and landscaping; she stays home with their four children, all of whom are citizens.

“I can’t pretend to understand any reasoning that would have led anyone up the chain of command to think that Irma and Oscar were flight risks or dangers to the community or in any other way people who needed to be followed into a hospital in order to be placed in deportation proceedings,” says Lisa Koop, a lawyer with the National Immigrant Justice Center. She will be asking an immigration judge in December to let the Sanchezes remain with their children in the U.S.

“That’s how you treat criminals that are harmful, and that’s understandable for our own protection,” says Ana Hinojosa, an immigrant advocate with the Mennonite Central Committee in Brownsville, who is also working on the case. “But they’re a family that’s just here trying to make a living, provide an education and a future for their children.”

Advocates are concerned that immigration enforcers are chipping away at places formerly considered safe zones. Three examples: Immigration agents detained six men after they left a church homeless shelter in Virginia; they removed a woman with a brain tumor from a Texas hospital and put her back in detention; and they arrested a father after he dropped off his daughter at school in Los Angeles.

As with the Corpus hospital, the agency maintains none of the arrests were actually made inside a sensitive location. But several members of Congress, all Democrats, are troubled just the same. They have proposed the “Protecting Sensitive Locations Act,” which would codify protected places in federal law. And it would expand them to include courthouses and bus stops.

“They’re pushing the envelope to the point where they’re trying to find out how far they can go,” says Bronx Rep. Jose Serrano, one of the bill’s authors. He is outraged by what happened to the Sanchez family in South Texas. “It violates human decency,” he says. “You don’t interrupt medical procedures.”

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Obviously, Congress should not give DHS any additional enforcement resources, given that they have so little to do and such little internal discipline that they waste time and manpower needlessly on cases like this.

Under any sane Administration, these folks would have been granted “PD” or “prosecutorial discretion.” Even assyuming that the agency wished to go forward they could merely have mailed a Notice To Appear (“NTA”) to the couple at their home address or served them at home at a later date. The case isn’t going to be heard for months (or more) anyway.

This total lack of discipline and common sense started under and was enabled by Gen. John Kelly, at the urging of “Gonzo Apocalypto” Sessions, during the time when he was Secretary of DHS.

PWS

09-21-17

THE LIARS ON THE HILL: Spurred By Trump’s Example, GOP Legislators and Politicos In Washington Have Taken Outright Lying And Knowingly Spreading False Narratives To A New Level

Dave Leonhardt writes in “Opinion Today” at the NYT:

“First, health care: Here’s a giveway about how bad the new Senate health care bill is: Bill Cassidy, one of its authors, keeps trying to sell it by telling untruths.
“The relatively new phenomenon of just ‘up is down’ lying about your bill’s impacts is jarring,” says Loren Adler of the USC-Brookings-Schaeffer Initiative on Health Policy.
Most egregiously, Cassidy is claiming that the bill would not ultimately deprive sick people of health insurance. That’s false, as NPR calmly explained when Cassidy said otherwise.
In fact, the bill — known as Graham-Cassidy — would free states to remove insurance protections for people with pre-existing conditions. Without those protections, insurers could price such people out of the market.

If you get cancer (or even have a family history of it) or your child is born with a birth defect — among many, many other health issues — you could find yourself unable to buy insurance. Without insurance, you could be denied crucial treatments. In a tangible way, Graham-Cassidy would harm millions of Americans.
Aviva Aron-Dine and Sarah Kliff have both written good explainers on this issue. As Kliff notes, “There is literally no analysis” to support Cassidy’s claim that the bill would expand the number of insured.
Jimmy Kimmel, the country’s most unexpected health wonk, has urged Cassidy to stop “jamming this horrible bill down our throats.”

Insurers came out against the bill yesterday, joining doctors, hospitals, AARP, patient advocates, multiple governors and others.
Meanwhile, Republican leaders are trying to win the vote of Lisa Murkowski — one of three Republican senators who voted against a previous Obamacare repeal bill, in July — by funneling money to Alaska.
In the least surprising development of all, President Trump is now repeating Cassidy’s falsehoods.
The last word on health care this morning goes to Nicholas Bagley of the University of Michigan. “Graham-Cassidy is a brazen effort to block any level of government, state or federal, from achieving near-universal coverage,” he writes. “That’s what the debate is about. Everything else is just noise.”

Read Leonhardt’s entire piece with working links to his sources and citations at this link:

https://www.nytimes.com/newsletters/2017/09/21/opinion-today?nlid=79213886

 

And Leonhardt is by no means the only one blowing the whistle on the GOP’s latest War on America. Among many others, the Washington Post’s “Fact Checker” awarded Senator Cassidy “Three Pinocchios” for his false claims about coverage:

“Regular readers of The Fact Checker know that the burden of proof falls on the person making the claim. Cassidy has provided little evidence to support his claim of more coverage, except that innovation would flourish and help bring down costs and expand coverage. That’s certainly possible, but it would be more plausible if his proposal did not slash funding to such an extent.

Kimmel’s claim that 30 million fewer Americans will have insurance may be a high-end estimate. But already, in 2019, CBO calculations suggest at least 15 million fewer Americans would have insurance once the individual and employer mandates are repealed. Much of that decline might be by choice, but Cassidy insists the gap will be filled and then exceeded in 10 years. Unlike Cassidy, no prominent health-care analyst is willing to venture a guess on coverage levels — but the consensus is that his funding formula makes his claim all but impossible to achieve.

Given the lack of coverage estimates by the CBO or other health-care experts, Cassidy’s claim does not quite rise to Four Pinocchios. But it certainly merits a Three.

Three Pinocchios”

Here’s a link to the complete analysis by the Post’s Glenn Kessler:

https://www.washingtonpost.com/news/fact-checker/wp/2017/09/21/sen-cassidys-rebuttal-to-jimmy-kimmel-more-people-will-have-coverage/

Wow! Three Pinocchios is getting into Trump, Sessions, Miller territory!

PWS

09-21-17

🤥 🤥🤥

 

 

 

ADMINISTRATION TRASHES RULE OF LAW, DENIES DUE PROCESS AT U.S. SOUTHERN BORDER!

Guillermo Cantor writes in Immigration Impact:

“U.S. immigration officials have a long history of overstepping the boundaries of their legal authority and violating the constitutional and other legal rights of migrants at the Southwest border. Allegations of abuse throughout the apprehension, detention, and deportation process are not new; immigrant rights organizations and media outlets have reported on those violations for years.

Deportations in the Dark: Lack of Process and Information in the Removal of Mexican Migrants, a new report released by the American Immigration Council, is the most recent effort to document such violations. The report shows the extent to which U.S. immigration officials prevent migrants in their custody from accessing critical information and processes, which in many cases jeopardizes their chances to access various forms of immigration relief. Specifically, the report examines whether U.S. immigration agents properly inform migrants of their rights, actively obstruct their ability to exercise these rights, coerce or intimidate migrants in their custody, or neglect to provide removal documents to migrants at the time of repatriation.

The study is the result of a collaboration between the Council and the Mexico-based Binational Defense and Advocacy Program (in Spanish, Programa de Defensa e Incidencia Binacional, or PDIB), a Mexican human rights initiative established in 2010 to document abuses perpetrated against repatriated Mexican immigrants during their time in the United States. With staff currently located in three different sites—Nogales, Sonora; Nuevo Laredo, Tamaulipas; and Ciudad Juárez, Chihuahua—PDIB interviews migrants upon deportation to Mexico on an ongoing basis.

Based on new survey data (600 interviews) collected by PDIB between August 2016 and April 2017 and testimonies gathered between August 2016 and May 2017, the study found that migrants are frequently deprived of legally required information, told they cannot contact their consulates, compelled to sign documents they cannot read or understand, threatened with protracted detention, and blocked from applying for asylum and other legal claims.

For example, half of the respondents who signed repatriation documents reported that they were not allowed to read the documents before they signed them; 57.6 percent did not receive their repatriation documents; 43.5 percent were not advised of their right to contact their consulate; more than half (55.7 percent) were not asked if they feared returning home.

This report is perhaps the first attempt to systematically analyze the prevalence of denied access to critical information among migrants in U.S. custody. Some of the issues highlighted here, however, have been raised by advocates and been subject to litigation in the past. One concrete example is the case of immigration agents misleading migrants into waiving their right to a removal hearing by signing for voluntary return.

When immigration authorities deprive migrants of critical information regarding their rights or the opportunity to exercise them, migrants may face unjust deportation and lose the ability to ever seek legal admission or apply for asylum in the future. As the U.S. government promises to institute a new level of immigration enforcement, the behavioral patterns of U.S. immigration authorities highlighted in this report are a source of concern.“

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This is what Jeff “Gonzo Apocalypto” Sessions’s disingenuous claims about the “Rule of Law” really mean. And, for EOIR to post on its website DOJ propaganda about how ramming through more final orders of removal, many without full due process because individuals were given not given legally sufficient notice of their hearings, were effectively denied their right to counsel, were denied the opportunity to gather documentation necessary for their cases, or were coerced into withdrawing claims or waiving appeals, has something to do with the Imigration Courts’ mission is simply more proof that the current system has become a disgraceful mockery of justice.

America needs an independent Article I Immigration Court, now!

PWS

09-21-17

 

NEWSWEEK: How The Trump Administration’s Wrong-Headed Policies Threaten To Turn Silicon Valley Into The “Next Detroit!”

http://www.newsweek.com/2017/09/29/donald-trumps-policies-could-turn-silicon-valley-another-detroit-667662.html

Kevin Maney reports:

D“The end of the 1960s turned out to be Detroit’s apex. In the early 1970s, dubious U.S. economic and foreign policy led to disaster when the Middle East OPEC nations initiated an oil embargo. Gas became scarce and expensive, and Detroit was caught focusing on the wrong products—ostentatious gas-guzzlers—at the wrong time, giving Japanese makers of small cars an opening in the U.S. market. Pulitzer Prize–winning auto historian Joseph White wrote about two fateful mistakes that made things worse. First, “Detroit underestimated the competition,” he said. The likes of Toyota and Honda had become much more adept than industry executives realized. Second, the U.S. companies “handled failure better than success.” Detroit’s decades of triumph set up the hubris, waste and bad practices that came to haunt it.

From there, it was a short trip to loss of market leadership, layoffs, plant closings and a city that fell into a desperate decline.Think that could never happen to Silicon Valley? Like 1970s Detroit, Silicon Valley seems to be handling success rather badly. Look at the twisted mess at Uber and the culture wars tearing at Google’s guts. Insanely high valuations of private companies are starting to look like a perilous pyramid scheme Bernie Madoff might admire. High costs and ever-worsening congestion are making the San Francisco Bay Area nearly unlivable for all but the superrich. At the same time, much of U.S. tech is underestimating the competition, particularly from China and the European Union.Making it all worse, the Trump administration seems to be doing everything it can to help shove Silicon Valley off its pedestal. Trump’s policies on trade, immigration and investment are giving competing nations openings to steal important chunks of Silicon Valley’s global leadership, lure away talent and divert capital to other rising tech centers—even France. (You know, the country President George W. Bush once said doesn’t even “have a word for entrepreneur .”)

Related: Is the Silicon Valley Bubble about to Pop?The Silicon Valley tech industry isn’t going to suddenly crumble and vanish. Detroit’s auto industry didn’t disappear either. But there’s a clear demarcation point in the early 1970s, when Detroit’s worldwide hegemony ended. The CEOs, founders and wizards of Silicon Valley would be misguided to think they’re immune from any similar stumble off their pedestal.

. . . .

Most damaging of all may be the policies of the Trump administration, which has been implementing or proposing one policy after another that puts the industry at a competitive disadvantage.Earlier this year, the president initiated a review of H-1B visas for foreign workers, which tech companies rely on to bring in talent. More recently, the Trump administration delayed —and may kill—the International Entrepreneur Rule, which would make it easier for foreign company founders to bring their startups to the U.S. “At a time when countries around the world are doing all they can to attract and retain talented individuals to come to their shores to build and grow innovative companies, the Trump administration is signaling its intent to do the exact opposite,” said Bobby Franklin, president and CEO of the National Venture Capital Association.And in early September, Trump said he will end the Deferred Action for Childhood Arrivals program, which has allowed undocumented immigrants who were brought to the U.S. as children to stay. Now, they may be deported. Some are valuable employees of tech companies. Microsoft pledged to pay the legal expenses of any employees who face deportation as DACA ends. Microsoft President Brad Smith called Trump’s decision “a big step back for our entire country,” and the industry worries that it will further discourage talented foreigners from coming to the U.S.Other countries have started pursuing international talent like sharks circling surfers at dusk. “I myself hope that many of these engineers will come to China to work for us,” said Robin Li, CEO of Chinese tech giant Baidu. Canada’s minister of innovation, Navdeep Bains, launched a recruitment program, saying, “We want to be open to people.” French President Emmanuel Macron announced that tech talent can “find in France a second homeland.”Even more detrimental to U.S. tech are two other Trump decisions: pulling out of the Paris climate accord and dumping the Trans-Pacific Partnership (TPP) agreement on trade with Asia.”

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Read the rest of the story at the link.

 

Government by the arrogant, ignorant, incompetent, biased, and unqualified has its downsides! It’s something that we’re all going to learn over the next four years, assuming that Trump doesn’t get us into a world-ending nuclear war before then. Perhaps one of the stupidest consequences of some very stupid policies: one of the main beneficiaries is likely to be China, one of our biggest tech competitors, and unlike Canada, also a potential hostile military threat! Trump and his cronies are dangers to our national security!

PWS

09-21-17

 

 

 

 

WASHPOST: “The White House’s preposterous policy analysis on refugeesl”

https://www.washingtonpost.com/opinions/the-preposterous-policy-analysis-of-xenophobes-in-the-white-house/2017/09/20/4f60f268-9d73-11e7-9083-fbfddf6804c2_story.html

The Washington Post Editorial Board writes:

“A QUIRKY THING about government programs is that, in addition to costs, there are benefits, the latter of which may also include revenue. Yet in thje case of U.S. refugee programs, xenophobes seeking an upper hand in the Trump administration have covered up half the ledger.

A report ordered up by President Trump in March, and produced by officials in July, concluded that refugees had delivered $63 billion more in federal, state and local tax revenue than they had cost in federal benefits through the decade ending in 2014. According to the New York Times, however, the administration sent the report back for a redo, insisting that any mention of revenue be dropped. The Department of Health and Human Services obliged in a final, three-page report this month, which concluded that per-person departmental program costs for refugees were $3,300, compared with a per-person cost of $2,500 for the U.S. population as a whole.

That’s not exactly a shocker. Refugees, by definition legal immigrants, tend to be poor or penniless. As the report from Health and Human Services says, they naturally draw more heavily on the department’s programs, particularly in their first four years of residency. The fact that they pay more in taxes than they draw in benefits cuts against the administration’s spin and, according to the Times, was suppressed by Stephen Miller, Mr. Trump’s nativist senior policy adviser.

Mr. Miller is leading the charge to slash the number of refugees admitted in the fiscal year starting in October, below even the cap of 50,000 that Mr. Trump imposed this year — itself the lowest number in more than 30 years. (Before leaving office, President Barack Obama had set this year’s target at 110,000.) In addition to his general dislike of immigration, Mr. Miller sees refugees in particular as a terrorist threat and a fiscal burden. The fact that there’s extremely little historical evidence of the former, and that the latter is demonstrably false, doesn’t interest him — or Mr. Trump, who on Tuesday told the U.N. General Assembly that it would be much cheaper for Washington to send money for refugees rather than resettle them in the United States.

Refu­gee policy is not like a choice between leasing a car and buying one, and Mr. Trump’s policy analysis is preposterous. This country was settled by refugees; it has been a beacon for refugees for its entire history. Even now, despite the Trump administration’s inhospitable demeanor, it remains the aspirational destination for millions of people worldwide, especially in the most violent, repressive and hopeless places. The list of refugees who have ennobled and inspired the United States is too long to recount here, but consider just a few names: Madeleine Albright. Albert Einstein. Gloria Estefan. Henry Kissinger. Vladimir Nabokov. Billy Wilder.

At a moment when the world is awash in refugees — the United Nations has asked countries to resettle 1.2 million of them — it would be not just callous for Washington to turn its back on them. It would be an act of national redefinition and an abdication of leadership. Rather than making America great again, it would do the very opposite by making the country small, peevish, inward-looking and heedless of its role on the global stage.“

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Right On! It’s impossible to overestimate the damage that Jeff Sessions, Stephen Miller, and the rest of the White Nationalist, racist, xenophobic crew in this Administration are doing to America and to our standing in the world. They, not vulnerable refugees, are currently the greatest threats to our national security!

PWS

09-21-17

MUST SEE TV FROM PBS: Judge Dana Leigh Marks Explains The Dire Backlogs In U.S. Immigration Courts & Why They Are Becoming Worse Every Day!

http://www.pbs.org/newshour/bb/dire-immigration-court-backlog-affects-lives/

Click the above link to see John Yang of PBS interview United States Immigration Judge Dana Leigh Marks of the U.S. Immigration Court in San Francisco, speaking in her capacity as President of the National Association of Immigration Judges (“NAIJ”).

FULL DISCLOSURE: I am a “retiree member” of the NAIJ.

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As this interview shows, this problem has been building steadily under the past three Administrations. However, the “gonzo enforcement” policies of the Trump Administration, combined with “ADR” (“Aimless Docket Reschuffling”) caused by poorly planned, and in many cases unneeded, details of Immigration Judges from backlogged “home dockets” to obscure detention centers along the Southern Border in response to Trump’s Executive Orders on enforcement, made worse by constant threats to mindlessly throw DACA individuals and TPS holders into the already overwhelmed system have greatly and unnecessarily aggravated an already bad situation.

Judge Marks points out that nearly 40% of the current U.S. Immigration Judiciary, including all of the most experienced judges, are eligible or nearly eligible to retire. That would mean a whopping 140 new Immigration Judge hires in a short period of time in addition to filling the current approximately 50 vacancies and any other positions that might become available. That adds up to approximately 200 new judicial vacancies, not counting any additional positions that Congress might provide.

No Administration has been able to competently hire that many new judges using a proper merit selection process. Indeed, the last Administration, using a system that could hardly be viewed as ”merit based,” took an astounding average of nearly two years to fill a vacancy on the U.S. Immigration Court! That’s amazing considering that these are administrative judges who do not require Senate confirmation.

The total unsuitability of the U.S. Justice Department to be administering the U.S. Immigration Courts has been demonstrated not only in terns of misuse of the courts for politicized law enforcement objectives, but also in terms of poor planning and stunningly incompetent judicial administration.

We need an independent Article I U.S. Immigration Court, and we need it now!

PWS

09-20-17

 

 

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

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

Julie Hirschfeld Davis and Somini Sengupta report for the NYT:

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

 

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

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

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

PWS

09-20-17

 

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

Jessie Singal writes:

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

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

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

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

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

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

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

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

. . . .

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

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

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

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

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

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

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

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

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

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

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

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

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Read the entire shocking article at the link!

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

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

PWS

09-20-17

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

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

Stern writes:

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

Mark Joseph SternMARK JOSEPH STERN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

09=19-17