N. Rappaport In The Hill: CAL Should Try A Different Approach For Helping Undocumented Residents!

http://thehill.com/blogs/pundits-blog/immigration/342178-illegal-ca-sanctuary-state-bill-is-actually-an-ineffective-way

Nolan writes:

California 'sanctuary state' bill is illegal, but also ineffective
© Getty

“Activist Dolores Huertaclaims that California needs to enact the California Values Act, Senate Bill 54 (SB 54), as a counterweight to Texas’s draconian law banning sanctuary cities in that state and President Donald Trump’s “xenophobic agenda to deport millions of people.”

I disagree.  While I can understand why Huerta dislikes Texas’s sanctuary city law, it is an exaggeration to call it “draconian.”  And Trump is just enforcing immigration provisions that were written by Congress and signed into law by previous presidents.  If those laws are xenophobic, the solution is to lobby Congress to change them.

Making California a sanctuary state will not stop Trump’s enforcement efforts.  But it would violate federal law and make California ineligible for certain types of federal grants.

. . . .

Chicago Mayor Rahm Emanuel found a better way to help.  He established a Legal Protection Fund for undocumented aliens living in Chicago.

Once undocumented aliens are in expedited removal proceedings, they are subject to mandatory detention and cannot be represented by an attorney; but they can be helped by attorneys before they are in such proceedings.

When appropriate, attorneys can assist them in putting together the evidence they will need to establish that they have been in the United States for more than two years, or that they have a credible fear of persecution, if they find themselves in expedited removal proceedings.

This would help many undocumented aliens without violating any federal law or making California ineligible for needed federal funds.

Emanuel found a better way to help.  He established a Legal Protection Fund for undocumented aliens living in Chicago.

Once undocumented aliens are in expedited removal proceedings, they are subject to mandatory detention and cannot be represented by an attorney; but they can be helped by attorneys before they are in such proceedings.

When appropriate, attorneys can assist them in putting together the evidence they will need to establish that they have been in the United States for more than two years, or that they have a credible fear of persecution, if they find themselves in expedited removal proceedings.

This would help many undocumented aliens without violating any federal law or making California ineligible for needed federal funds.”

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Go over to The Hill at the link for Nolan’s complete article.

PWS

07-15-17

COLBERT I. KING IN WASHPOST OP-ED: “Americans put Trump in the Oval Office. What does that say about the country?”

https://www.washingtonpost.com/opinions/americans-put-trump-in-the-oval-office-what-does-that-say-about-americans/2017/07/14/e6dd8996-67e8-11e7-a1d7-9a32c91c6f40_story.html?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.490e8d0e535b

King writes:

“The vaudeville show that’s running at 1600 Pennsylvania Avenue didn’t book itself into the White House. Nearly 63 million Americans sent that burlesque comedy with headliner Donald Trump to Washington. That 66 million other voters thought otherwise is beside the point. Trump didn’t anoint himself president. Millions put him in office.

What does that tell us about the country?

Was hatred of President Barack Obama, fear of Hillary Clinton, outrage over America’s perceived direction enough to transfer the reins to Trump?

It’s not as if the Trump on display in the Oval Office is not the same Trump we saw on the campaign trail or on reality TV or out and about touting his businesses. He was, by any yardstick, the most unqualified presidential nominee in modern history.

Trump didn’t seize the presidency by deception. For months on end, he was out there for all voters to see, measure and judge. Some of us did offer our preelection assessments, based upon his campaign, well before time came to cast ballots.

In my view, Trump showed himself to be one who could be neither out-demagogued nor out-nastied.

Well in advance of the vote, the country heard Trump’s vile insults and claims: Mexican immigrants are criminals and rapists; Obama wasn’t born in the United States and was an illegitimate president.

 

And his attacks on people. Megyn Kelly: “You could see there was blood coming out of her eyes, blood coming out of her wherever.” Jews: “The only kind of people I want counting my money are little short guys that wear yarmulkes every day.” Sen. John McCain (R-Ariz.): “He’s not a war hero . . . I like people that weren’t captured.” My journalist colleague Serge Kovaleski, who has limited mobility in his arms: “Now the poor guy, you ought to see this guy,” Trump said, before contorting his arms in an apparent impersonation.

Trump the candidate showed himself to be an ignorant, undisciplined, ranting bully who exaggerated and lied without shame. A man who wore a tough-guy masculinity but was actually a coward, who picked on women, demeaned minorities and was thoroughly lacking in human decency.

Trump’s character defects were on full display well before the polls opened.

President Trump’s behavior in the White House has been equally as disgusting and beneath the dignity of that high office.

And now our nation’s capital is being wrenched apart by the Trump-Russia scandal and congressional and federal investigations into the Kremlin’s intrusion in the election.

The country can’t claim not to have seen this coming.”

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Read King’s full op-ed at the link.

One of the most disturbing aspects of the Trump fiasco is that although he might be “historically unpopular,” his support in the polls has remained steady at around 35% – 40%. That means that at least 1/3 of Americans are willing to accept incompetence, dishonesty, bias, racism, xenophobia, intentional cruelty and divisiveness, nepotism, bullying, anti-intellectualism, scientific ignorance, undermining national security, and misogyny as the “new norms” in America. It essentially means that a substantial number of our fellow Americans have put themselves out of reach of rational political dialogue. That’s going to make America “tough to govern” no matter who wins the next round of elections.

PWS

07-15-17

Sessions Says DOJ Will Help Defend States (Like Texas) Seeking To Punish “Sanctuary Cities” — House GOP Pushes Bill Targeting Sanctuary Jurisdictions!

https://www.washingtonpost.com/local/trump-administration-backs-texas-in-lawsuit-over-harsh-sanctuary-city-law/2017/06/23/327ba290-581f-11e7-ba90-f5875b7d1876_story.html?utm_term=.4c47afa58d76

Maria Sacchetti reports in the Washington Post:

“Attorney General Jeff Sessions said Friday that the Trump administration “fully supports” Texas’s harsh new ban on sanctuary cities, and the Department of Justice will help defend it against a federal court challenge next week.

Lawyers for the tiny border city of El Cenizo, the League of United Latin American Citizens and major cities such as Dallas and Austin say the law requiring them to detain immigrants for federal deportation agents is “patently unconstitutional” for a number of reasons. On Monday, they will urge U.S. District Court Judge Orlando Garcia in San Antonio to block the law from taking effect Sept. 1.

The state of Texas argues that the government is within its rights to bar localities from interfering with immigration enforcement. Under the law, officials could lose their jobs, police chiefs could go to jail, and governments could face fines of up to $25,500 a day if they adopt or enforce policies that prevent law enforcement officers from asking about a person’s immigration status or complying with requests to detain immigrants, a job that has been chiefly the responsibility of federal agents.

 

“President Trump has made a commitment to keep America safe and to ensure cooperation with federal immigration laws,” Sessions said in a statement. “Texas has admirably followed his lead by mandating state-wide cooperation with federal immigration laws that require the removal of illegal aliens who have committed crimes.”

Luis Roberto Vera, Jr. the national general counsel for the League of United Latin American Citizens, which is a plaintiff in the case, said the Texas law is discriminatory because it primarily targets Hispanics, one of the state’s largest groups.

El Cenizo Mayor Raul Reyes. El Cenizo is the lead plaintiff in a lawsuit that will seek to temporarily halt Texas’ sanctuary cities ban before it takes effect Sept. 1. (Matthew Busch/Matthew Busch For The Washington Post)
“It’s a continuation of Donald Trump’s war on Mexicanos,” Vera said. “That’s the sad part about this.”

The faceoff comes amid rising tensions nationwide over the Trump administration’s crackdown on immigration and its relentless march forward despite a string of losses in federal courts.

On Friday, congressional aides said House Republicans are advancing a bill that would withhold some federal grant money from so-called sanctuary cities; give greater legal weight to immigration detainers, which are requests from Immigration and Customs Enforcement to local jails to hold immigrants who are being targeted for deportation; and shield local governments from lawsuits related to detainers. A second bill would increase penalties against deported immigrants who return illegally.”

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Yup, full employment for lawyers, on all sides.

Bad time to be an immigrant, refugee, or minority in America. Great time to be a lawyer!

PWS

06-24-17

REUTERS: Neither Rhyme Nor Reason Apparent In DHS Decisions to Undo Prosecutorial Discretion

http://www.reuters.com/article/us-usa-immigration-deportations-exclusiv-idUSKBN1902I4

Mica Rosenberg and  Reade Levinson report from Reuters:

“In September 2014, Gilberto Velasquez, a 38-year-old house painter from El Salvador, received life-changing news: The U.S. government had decided to shelve its deportation action against him.

The move was part of a policy change initiated by then-President Barack Obama in 2011 to pull back from deporting immigrants who had formed deep ties in the United States and whom the government considered no threat to public safety. Instead, the administration would prioritize illegal immigrants who had committed serious crimes.

Last month, things changed again for the painter, who has lived in the United States illegally since 2005 and has a U.S.-born child. He received news that the government wanted to put his deportation case back on the court calendar, citing another shift in priorities, this time by President Donald Trump.

The Trump administration has moved to reopen the cases of hundreds of illegal immigrants who, like Velasquez, had been given a reprieve from deportation, according to government data and court documents reviewed by Reuters and interviews with immigration lawyers.

Trump signaled in January that he planned to dramatically widen the net of illegal immigrants targeted for deportation, but his administration has not publicized its efforts to reopen immigration cases.

It represents one of the first concrete examples of the crackdown promised by Trump and is likely to stir fears among tens of thousands of illegal immigrants who thought they were safe from deportation.

While cases were reopened during the Obama administration as well, it was generally only if an immigrant had committed a serious crime, immigration attorneys say. The Trump administration has sharply increased the number of cases it is asking the courts to reopen, and its targets appear to include at least some people who have not committed any crimes since their cases were closed.

Between March 1 and May 31, prosecutors moved to reopen 1,329 cases, according to a Reuters’ analysis of data from the Executive Office of Immigration Review, or EOIR. The Obama administration filed 430 similar motions during the same period in 2016.

Jennifer Elzea, a spokeswoman for U.S. Immigration and Customs Enforcement, confirmed the agency was now filing motions with immigration courts to reopen cases where illegal immigrants had “since been arrested for or convicted of a crime.”

It is not possible to tell from the EOIR data how many of the cases the Trump administration is seeking to reopen involve immigrants who committed crimes after their cases were closed.

Attorneys interviewed by Reuters say indeed some of the cases being reopened are because immigrants were arrested for serious crimes, but they are also seeing cases involving people who haven’t committed crimes or who were cited for minor violations, like traffic tickets.

“This is a sea change, said attorney David Leopold, former president of the American Immigration Lawyers Association. “Before, if someone did something after the case was closed out that showed that person was a threat, then it would be reopened. Now they are opening cases just because they want to deport people.”

Elzea said the agency reviews cases, “to see if the basis for prosecutorial discretion is still appropriate.”

 

POLICY SHIFTS

After Obama announced his shift toward targeting illegal immigrants who had committed serious crimes, prosecutors embraced their new discretion to close cases.

Between January 2012 and Trump’s inauguration on Jan. 20, the government shelved some 81,000 cases, according to Reuters’ data analysis. These so-called “administrative closures” did not extend full legal status to those whose cases were closed, but they did remove the threat of imminent deportation.

Trump signed an executive order overturning the Obama-era policy on Jan. 25. Under the new guidelines, while criminals remain the highest priority for deportation, anyone in the country illegally is a potential target.

In cases reviewed by Reuters, the administration explicitly cited Trump’s executive order in 30 separate motions as a reason to put the immigrant back on the court docket. (For a link to an excerpted document: tmsnrt.rs/2sI6aby)

Since immigration cases aren’t generally public, Reuters was able to review only cases made available by attorneys.

In the 32 reopened cases examined by Reuters:

–22 involved immigrants who, according to their attorneys, had not been in trouble with the law since their cases were closed.

–Two of the cases involved serious crimes committed after their cases were closed: domestic violence and driving under the influence.

–At least six of the cases involved minor infractions, including speeding after having unpaid traffic tickets, or driving without a valid license, according to the attorneys.

In Velasquez’s case, for example, he was cited for driving without a license in Tennessee, where illegal immigrants cannot get licenses, he said.

“I respect the law and just dedicate myself to my work,” he said. “I don’t understand why this is happening.”

Motions to reopen closed cases have been filed in 32 states, with the highest numbers in California, Florida and Virginia, according to Reuters’ review of EOIR data. The bulk of the examples reviewed by Reuters were two dozen motions sent over the span of a couple days by the New Orleans ICE office.

 

PUMPKIN SEED ARREST

Sally Joyner, an immigration attorney in Memphis, Tennessee said one of her Central American clients, who crossed the border with her children in 2013, was allowed to stay in the United States after the government filed a motion to close her case in December 2015.

Since crossing the border, the woman has not been arrested or had trouble with law enforcement, said Joyner, who asked that her client’s name not be used because of the pending legal action.

Nevertheless, on March 29, ICE filed a two-page motion to reopen the case against the woman and her children. When Joyner queried ICE, an official said the agency had been notified that her client had a criminal history in El Salvador, according to documents seen by Reuters.

The woman had been arrested for selling pumpkin seeds as an unauthorized street vendor. Government documents show U.S. authorities knew about the arrest before her case was closed.

Dana Marks, president of the National Association of Immigration Judges, said that revisiting previously closed matters will add to a record backlog of 580,000 pending immigration cases.

“If we have to go back and review all of those decisions that were already made, it clearly generates more work,” she said. “It’s a judicial do-over.”

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I remember that during his confirmation hearings in the Senate, Secretary Kelly came across as someone who understood law enforcement priorities and the futility of “enforcement for enforcement’s sake.” But the “hallmarks” of the “Kelly DHS” have  been arbitrary and irrational enforcement, lack of transparency, lack of planning, general disregard of humane values, disrespect for migrants, waste of taxpayer dollars, and gross abuse of the U.S. Immigration Court’s docket.

PWS

06-09-17

10th Amendment Scoring A Comeback At Both Ends Of The Political Spectrum

 

https://www.wsj.com/article_email/federalism-for-the-left-and-the-right-1495210904-lMyQjAxMTE3MTIyMDUyNTA0Wj/

Jeffrey Rosen writes in the WSJ:

“President Donald Trump has issued a series of controversial executive orders on immigration that are now tangled up in federal courts. Judges in Hawaii and Maryland have blocked the president’s ban on travelers from six mostly Muslim countries, and another judge in Seattle has blocked his executive order threatening to remove federal funding for “sanctuary cities” that refuse to cooperate with federal immigration agents.

If this contest between branches of government sounds familiar, it should. President Barack Obama also tried to use executive orders to push through his own very different immigration policies, and he was similarly rebuffed by the courts. They held that he lacked the unilateral authority to shield millions of undocumented immigrants from deportation.
There’s a lesson in the symmetry of these two examples, and figures from across the political and ideological spectrum are increasingly embracing it: Many of the issues that recent presidents have tried to decide at the national level through executive orders are best resolved at the state or local levels instead. In an era of fierce partisan divisions, all sides are beginning to see the virtues of our federal system in accommodating differences—and encouraging experimentation—on issues such as immigration, law enforcement and education.

Federalism has long been a cause on the right, but now it’s just as likely to be a rallying cry on the left. Rep. Zoe Lofgren, the top Democrat on the House Judiciary’s immigration and border-security subcommittee, recently said: “The Constitution, specifically the Tenth Amendment, protects states’ rights, and it prohibits federal actions that commandeer state and local officials. When it comes to immigration, these principles seem to be overlooked.”

The framers of the Constitution would be pleased with this emerging consensus. By creating a national government with limited powers, they intended to allow the states and local governments to pursue a range of different policies on matters within what used to be called their “police powers”—that is, their authority to regulate behavior, maintain order and promote the public good within their own territory. The founders considered this arrangement the best way to protect liberty and diversity of opinion, as well as to defend political minorities from nationalist tyranny and concentrated power.”

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Perhaps this is a return to constitutionalism.  But, perhaps it’s more representative of the failure of Congress to effectively address the need for comprehensive immigration reform.

PWS

05-21-17