TRUMP’S “OFFER” MIGHT WELL BE A STUNT – BUT, IT’S ALSO AN OPPORTUNITY FOR THE DEMS TO STEP UP, SAVE LIVES, AND GOVERN RESPONSIBLY – They Should Make A Counterproposal – Here’s The “SMARTS Act Of 2019!”

There are opposing “schools of thought” on Trump’s latest immigration statement. For example, the LA Times says it another “Trump stunt to shift blame” that the Dems should resist.  https://www.latimes.com/opinion/editorials/la-ed-trump-shutdown-daca-20190119-story.html

Makes sense.

 

On the other hand, the Washington Post says that notwithstanding Trump’s annoying tactics, it’s an opportunity to reopen the Government and save the Dreamers that the Dems should pursue. https://www.washingtonpost.com/opinions/make-a-deal-to-help-the-real-people-behind-the-rhetoric/2019/01/19/f5b18866-1c17-11e9-88fe-f9f77a3bcb6c_story.html?utm_term=.5b08d589dfa9

Also makes sense.

 

I understand the Dems reluctance to enable Trump’s “hostage taking” strategy. But, I doubt they can solve that with Trump and the GOP controlling two of the three political arms of Government.

 

Indeed, a better idea would be for Speaker Pelosi and Majority Leader McConnell to get together “when the smoke clears” and see what they can do jointly to take back and fix the bipartisan Congressional budget process and protect it from overreach by Executives of both parties.  For two of the major legislative “gurus” of our age in the twilight of their careers, that would be a great “bipartisan legacy.”

 

But, for the time being, folks are suffering, and lives are in danger: Government employees, those that depend on Government, asylum applicants, Dreamers, TPSers, those in Immigration Court, and the families of all of the foregoing. So, I think the Dems should make a “robust” counterproposal that gives Trump at least part of his “Wall,” but also includes other important reforms and improvements that will diminish the impact of border migration issues in the future. Most important, almost everything in this proposal would save or improve some human lives and benefit America in the short and long run.

 

So, here’s my outline of the “SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019”

 

SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019

 

  • Federal Employees
    • Restart the Government
    • Retroactive pay raise

 

  • Enhanced Border Security
    • Fund half of “Trump’s Wall”
    • Triple the number of USCIS Asylum Officers
    • Double the number of U.S. Immigration Judges and Court Staff
    • Additional Port of Entry (“POE”) Inspectors
    • Improvements in POE infrastructure, technology, and technology between POEs
    • Additional Intelligence, Anti-Smuggling, and Undercover Agents for DHS
    • Anything else in the Senate Bill that both parties agree upon

 

  • Humanitarian Assistance
    • Road to citizenship for a Dreamers & TPSers
    • Prohibit family separation
    • Funding for alternatives to detention
    • Grants to NGOs for assisting arriving asylum applicants with temporary housing and resettlement issues
    • Require re-establishment of U.S. Refugee Program in the Northern Triangle

 

  • Asylum Process
    • Require Asylum Offices to consider in the first instance all asylum applications including those generated by the “credible fear” process as well as all so-called “defensive applications”

 

  • Immigration Court Improvements
    • Grants and requirements that DHS & EOIR work with NGOs and the private bar with a goal of achieving 100% representation of asylum applicants
    • Money to expand and encourage the training and certification of more non-attorneys as “accredited representatives” to represent asylum seekers pro bono before the Asylum Offices and the Immigration Courts on behalf of approved NGOs
    • Vacate Matter of A-B-and reinstate Matter of A-R-C-G-as the rule for domestic violence asylum applications
    • Vacate Matter of Castro-Tumand reinstate Matter of Avetisyan to allow Immigration Judges to control dockets by administratively closing certain “low priority” cases
    • Eliminate Attorney General’s authority to interfere in Immigration Court proceedings through “certification”
    • Re-establish weighing of interests of both parties consistent with Due Process as the standard for Immigration Court continuances
    • Bar AG & EOIR Director from promulgating substantive or procedural rules for Immigration Courts — grant authority to BIA to promulgate procedural rules for Immigration Courts
    • Authorize Immigration Courts to consider all Constitutional issues in proceedings
    • Authorize DHS to appeal rulings of the BIA to Circuit Courts of Appeal
    • Require EOIR to implement the statutory contempt authority of Immigration Judges, applicable equally to all parties before the courts, within 180 days
    • Bar “performance quotas” and “performance work plans” for Immigration Judges and BIA Members
    • Authorize the Immigration Court to set bonds in all cases coming within their jurisdiction
    • Fund and require EOIR to implement a nationwide electronic filing system within one year
    • Eliminate the annual 4,000 numerical cap on grants of “cancellation of removal” based on “exceptional and extremely unusual hardship”
    • Require the Asylum Office to adjudicate cancellation of removal applications with renewal in Immigration Court for those denied
    • Require EOIR to establish a credible, transparent judicial discipline and continued tenure system within one year that must include: opportunity for participation by the complainant (whether Government or private) and the Immigration Judge; representation permitted for both parties; peer input; public input; DHS input; referral to an impartial decision maker for final decision; a transparent and consistent system of sanctions incorporating principles of rehabilitation and progressive discipline; appeal rights to the MSPB

 

  • International Cooperation
    • Fund and require efforts to work with the UNHCR, Mexico, and other countries in the Hemisphere to improve asylum systems and encourage asylum seekers to exercise options besides the U.S.
    • Fund efforts to improve conditions and the rule of law in the Northern Triangle

 

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

No, it wouldn’t solve all problems overnight. But, everything beyond “Trump’s Wall” would make a substantial improvement over our current situation that would benefit enforcement, border security, human rights, Due Process, humanitarian assistance, and America. Not a bad “deal” in my view!

 

PWS

01-20-19

 

 

 

GEORGE WILL @ WASHPOST: AMERICA’S “CLOWN PRINCE” 🤡

https://www.washingtonpost.com/opinions/what-a-misery-it-must-be-to-be-donald-trump/2019/01/18/d0e05eea-1a82-11e9-8813-cb9dec761e73_story.html

George Will writes:

Half or a quarter of the way through this interesting experiment with an incessantly splenetic presidency, much of the nation has become accustomed to daily mortifications. Or has lost its capacity for embarrassment, which is even worse.

If the country’s condition is calibrated simply by economic data — if, that is, the United States is nothing but an economy — then the state of the union is good. Except that after two years of unified government under the party that formerly claimed to care about fiscal facts and rectitude, the nation faces a $1 trillion deficit during brisk growth and full employment. Unless the president has forever banished business cycles — if he has, his modesty would not have prevented him from mentioning it — the next recession will begin with gargantuan deficits, which will be instructive.

The president has kept his promise not to address the unsustainable trajectory of the entitlement state (about the coming unpleasant reckoning, he said: “Yeah, but I won’t be here”), and his party’s congressional caucuses have elevated subservience to him into a political philosophy. The Republican-controlled Senate — the world’s most overrated deliberative body — will not deliberate about, much less pass, legislation the president does not favor. The evident theory is that it would be lèse-majesté for the Senate to express independent judgments.

And that senatorial dignity is too brittle to survive the disapproval of a president not famous for familiarity with actual policies. Congressional Republicans have their ears to the ground — never mind Winston Churchill’s observation that it is difficult to look up to anyone in that position.

The president’s most consequential exercise of power has been the abandonment of the Trans-Pacific Partnership, opening the way for China to fill the void of U.S. involvement. His protectionism — government telling Americans what they can consume, in what quantities and at what prices — completes his extinguishing of the limited-government pretenses of the GOP, which needs an entirely new vocabulary. Pending that, the party is resorting to crybaby conservatism: We are being victimized by “elites,” markets, Wall Street, foreigners, etc.

After 30 years of U.S. diplomatic futility regarding North Korea’s nuclear weapons program, the artist of the deal spent a few hours in Singapore with Kim Jong Un, then tweeted: “There is no longer a nuclear threat from North Korea.” What price will the president pay — easing sanctions? ending joint military exercises with South Korea? — in attempts to make his tweet seem less dotty?

Opinion | Trump owns the Republican Party, and there’s no going back

President Trump has irreversibly changed the Republican Party. The upheaval might seem unusual, but political transformations crop up throughout U.S. history.

By his comportment, the president benefits his media detractors with serial vindications of their disparagements. They, however, have sunk to his level of insufferable self-satisfaction by preening about their superiority to someone they consider morally horrifying and intellectually cretinous. For most Americans, President Trump’s expostulations are audible wallpaper, always there but not really noticed. Still, the ubiquity of his outpourings in the media’s outpourings gives American life its current claustrophobic feel. This results from many journalists considering him an excuse for a four-year sabbatical from thinking about anything other than the shiny thing that mesmerizes them by dangling himself in front of them.

Dislike of him should be tempered by this consideration: He is an almost inexpressibly sad specimen. It must be misery to awaken to another day of being Donald Trump. He seems to have as many friends as his pluperfect self-centeredness allows, and as he has earned in an entirely transactional life. His historical ignorance deprives him of the satisfaction of working in a house where much magnificent history has been made. His childlike ignorance — preserved by a lifetime of single-minded self-promotion — concerning governance and economics guarantees that whenever he must interact with experienced and accomplished people, he is as bewildered as a kindergartener at a seminar on string theory.

Which is why this fountain of self-refuting boasts (“I have a very good brain”) lies so much. He does so less to deceive anyone than to reassure himself. And as balm for his base, which remains oblivious to his likely contempt for them as sheep who can be effortlessly gulled by preposterous fictions. The tungsten strength of his supporters’ loyalty is as impressive as his indifference to expanding their numbers.

Either the electorate, bored with a menu of faintly variant servings of boorishness, or the 22nd Amendment will end this, our shabbiest but not our first shabby presidency. As Mark Twain and fellow novelist William Dean Howells stepped outside together one morning, a downpour began and Howells asked, “Do you think it will stop?” Twain replied, “It always has.”

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

Stripped of its detracting “jabs at the opposition” and the “obligatory swat” at the essential safety net that actually keeps America functioning, even in tough political times like these, Will largely has Trump “pegged.” As others and I have said, the Trump Administration is “Kakistocracy in action.”

But, what took you so long, George, to “get religion?” For years, the GOP has been pushing a “soulless,” intentionally divisive, program of “beggar thy neighbor” and promoting the “worst in America.”

It’s not like equally sad and unfit GOP politicos such as Steve King, Tom Trancedo, Roy Moore, Jeff Sessions, Steve Bannon, Kris Kobach, Corey Stewart, and Stephen Miller just “hatched” during the Trump regime. Trump is the logical outcome of a “valueless conservatism” that has embraced some of the vilest individuals and ideas in modern American political history in a (somewhat successful) minority attempt to seize power from the majority of Americans and to govern against the overall public interest.

No surprise that a party bankrupt of both constructive conservative ideas and morality should end up installing a sad an unqualified character like Trump as its “Supreme Leader.” Trumpism is deeply rooted in modern American conservatism, not the “compassionate” kind of Bush I (which unfortunately was “DOA” within the party) but the vile brand that glosses over its racial and class overtones and its erroneous conception that the rich have every right to loot America and leave the crumbs to everyone else.

Yes, I think that America needs and deserves a credible “conservative movement” to engage in an honest governing dialogue with the Democrats. What might that conservative movement look like:

  • Constructive concern about runaway deficits and borrowing from the PRC;
  • Recognition of the threat that Russia and the PRC are to America’s future;
  • Commitment to secular governing principles (perhaps embodying, but not improperly favoring, some religious values) and support of  the rights of all covered by our Constitution regardless of status;
  • Encouraging and enabling all qualified Americans to vote;
  • Congress retaking the authority to declare war and pass budgets and restricting Executive overreach (by both parties) in these areas;
  • Prudence in entering into future “foreign military adventures;”
  • A robust, effective, and efficient national defense that is held accountable for expenditures, strategies, and results;
  • Maintenance, funding, improvements, and accountability mechanisms for adequate safety net programs including social security, Medicare, Medicaid, and Obamacare;
  • An end to unnecessary tax breaks for the rich that strip the U.S. Treasury of necessary revenues without advancing any national agenda;
  • An end to “Government shutdown” forever and a pledge to respect the contributions of “America’s Crown Jewel:” our nonpartisan, professional, honest Civil Service;
  • Return of some authority to states, not as a device for “bogus” budget savings and to screw the poor and minorities, but to recognize and take advantage of areas where states are committed to actually funding and carrying out programs that produce better (not just cheaper) results than the Feds can;
  • Much more robust legal immigration and refugee acceptance programs;
  • A sharp reduction in wasteful funding for Federal detention of all kinds (including immigration detention) and the mandated use of alternatives that will work and benefit society;
  • Encouraging educational and economic development initiatives by the private sector in economically depressed areas (such as the Midwest and Appalachia) ;
  • Encouraging a robust trade agenda that provides mutual benefits to both the U.S. and our trading partners.

That would involve not only ditching Trump, but also abandoning the racially charged, fiscally wasteful, White Nationalist agendas that drive both him and his base and committing to governing in the public interest — in and of itself a key conservative principle.

We need an end to the “Clown Kakistocracy.”  And, that will require some honest conservative support by a “new conservative” movement. I doubt that it can be headed by Trump sycophant, xenophobic enabler, and far right religious bigot Veep Mike Pence. Perhaps, however, folks like George have a constructive role to play in fashioning, inspiring, and leading it!

PWS

01-21-19

COLBERT I. KING @ WASHPOST: NATION IN REGRESSION: Trump & His White Nationalist Flunkies Are An Insult To All That Rev. Martin Luther King & His Supporters, Of All Races & Religions Stood For! — From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.” — But, The New Due Process Army Continues MLK’s Legacy!

https://www.washingtonpost.com/opinions/martin-luther-king-jr-would-be-outraged/2019/01/18/e4a7b4c6-1a75-11e9-8813-cb9dec761e73_story.html

Colby King writes:

. . . .

The greatest contrast between the time King led the struggle for America’s legal and social transformation and now is a White House occupied by Donald Trump.

There is a long list of ways in which backtracking on civil and human rights has occurred since the election of a president who lost the popular vote by nearly 3 million votes. It ranges from discriminatory travel bans against Muslims to turning a federal blind eye to intentionally racially discriminatory state voter-suppression schemes, to opposing protections for transgender people, to inhumanely separating children from families seeking to enter the country.

Sadly, that’s not all that stands out.

Once the federal locus of the nation’s quest for racial reconciliation, today’s White House is a source of racial divisiveness and a beacon to the prejudice-warped fringes of American society. It’s no surprise that the FBI found hate crimes in America rose 17 percent in 2017, the third consecutive year that such crimes increased. In King’s day, racially loaded, hateful rhetoric could be heard across the length and breadth of the Deep South. Now, mean, disgusting and inflammatory words come out of the mouth of the president of the United States.

From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.

King, and the movement he led, would be outraged. The rest of us should be, too.

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

Read the full op-ed at the above link.

Very powerful! King speaks truth, reason, and humanity — in the spirit of Dr. King. Contrast that with the vile slurs, bogus race-baiting narratives, and non-policies spewing from the mouth of our racist (and incompetent) Liar/Grifter-in-Chief!

Two of my favorite MLK quotes (from the Letter from the Birmingham Jail — with acknowledgment to the Legal Aid and Justice Center from their poster hanging in my “office”)):

Injustice anywhere is a threat to justice everywhere.

Whatever affects one directly, affects all indirectly.

Thanks to those many courageous and dedicated individuals tirelessly serving America in the New Due Process Army by resisting Trump’s illegal and anti-American policies! You, indeed, are the 21st Century continuation of Dr. King’s legacy to our country and the world! Dr. King would be proud of you! Due Process Forever!

PWS

01-21-19

CREEPY NEO-NAZI GOP REP STEVE KING HAS BEEN PEDDLING HIS VILE MESSAGE OF RACIAL HATRED FOR MORE THAN A DECADE — The GOP Is Belatedly Shamed Into Taking Action Against Him

https://www.washingtonpost.com/opinions/2019/01/15/king-toppled-what-now/

Jennifer Rubin writes in the Washington Post:

Steve King was toppled. But what now?

Opinion writer

January 15 at 9:45 AM

The Post reports:

A panel of Republican leaders voted unanimously Monday to keep veteran Iowa lawmaker Steve King off House committees, a firm rebuke to an influential opponent of illegal immigration who sparked outrage last week after openly questioning whether the term “white supremacist” was offensive.

House Minority Leader Kevin McCarthy (R-Calif.) said the decision by the Republican Steering Committee, which seats lawmakers on House committees, followed his own recommendation and was meant to send a message about the GOP at large.

“That is not the party of Lincoln,” he said of King’s comments. “It is definitely not American. All people are created equal in America, and we want to take a very strong stance about that.”

One is tempted to ask: Why only now? The decision was made after Democrats threatened to bring a motion of censure, and more egregiously, after years of King’s blatantly racist comments. This is a man who met with an Austrian far-right politician who had been active in neo-Nazi circles in his youth and declared that he’d be a Republican if he were an American.

Democrats still might press for further action against King. (“[House Speaker Nancy] Pelosi on Monday left open the possibility that there could be votes on multiple sanctions for King, ranging from disapproval to censure.”) Whether Democrats proceed or not, the party of Lincoln has an elephant-size problem that dwarfs King.

If King’s defense of “white nationalism” is not acceptable, why do Republicans tolerate and extol a president who declared there to be some “fine people” among neo-Nazis, called African and Caribbean nations “shithole countries,” equated Mexican immigrants with rapists, repeatedly questioned African American critics’ IQ, asserted a federal court judge of Mexican descent to be unable to perform his job, created a conspiracy to delegitimize the first African American president, started a running battle with African American athletes who kneel to protest police brutality and fails to employ any high-level African American staffer? Why do they tolerate a president who recently declared, “If Elizabeth Warren, often referred to by me as Pocahontas, did this commercial from Bighorn or Wounded Knee instead of her kitchen, with her husband dressed in full Indian garb, it would have been a smash”?

Moreover, Republicans have spent three-plus years telling us that words don’t really matter, that tweets don’t matter. If we now agree that the words of an Iowa congressman matter a great deal, they’re going to have a hard time sticking to the view that the words of the president of the United States shouldn’t be held against him.

King is a minor-league racist, a buffoon; but President Trump leads their party. Ever since he made birtherism his signature issue and rode down the gold escalator to disparage Mexicans, Republicans have rationalized or ignored his blatant racism (and we haven’t even gotten to the nonstop misogyny).

When Senate Majority Leader Mitch McConnell (R-Ky.) says of King, “I have no tolerance for such positions, and those who espouse these views are not supporters of American ideals and freedoms,” one has to ask why he tolerates Trump and undoubtedly will support his reelection. If Sen. Mitt Romney (R-Utah) agrees that King should resign, surely he should say the same of Trump, whose words carry far more weight and who defines Romney’s party.

Republicans should have disowned Trump long ago. The good news: There is still time. No elected Republican should support Trump’s reelection for the very same reason that they belatedly took action against King. A major political party should not stand by racists.

Republicans have to decide once and for all whether they want to be the party of white grievance and racist dog-whistles and bullhorns. So long as they stand with Trump and accept the support of racists, they cannot seriously claim to be the party of Lincoln. And if it’s not the party of Lincoln, why exactly do we need a Republican Party?

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

King has the public persona of a dead eel, and represents a politically insignificant rural district. By contrast, Donald Trump is a media megastar and holds the office of President. Otherwise, there is little difference between them as racist provocateurs.

Trump basically took King’s message, effectively changed “Make America White Again” to “Make America Great Again,” and mass marketed it to a racially motivated base in locations strategically calculated to enable him to achieve electoral success with a minority of the votes.

So, why did the GOP act now? Well, one reason could be the harsh criticism that African-American GOP Senator Tim Scott of South Carolina directed at King. Scott is a rarity in today’s GOP: a person of color who matters. Unlike King, Scott is politically critical to the GOP with a narrow 53-47 majority in the Senate. Indeed, Scott recently teamed up with the Dems and several of his more moderate GOP colleagues to defeat one of Trump’s most blatantly racist judicial candidates. So, he’s not someone GOP Congressional leadership wants to mess with (particularly since Scott is otherwise willing to mindlessly line up with Trump on measures that disproportionately harm minorities in addition to being bad for the majority of Americans).

Also, King’s “foot in mouth” style keeps reminding Americans of the seamy side of Trump’s political support at inopportune times. While the GOP these days is always happy to play the “race card” when convenient and necessary, they would much prefer that it be played by Trump to rev up his base and get out the vote than by a minor and politically unappealing figure like King.

King’s demise is long overdue good news for America. But, I would neither give the GOP much credit nor expect them to take any action against the chief purveyor of lies, false narratives, and racial hatred in their party — Trump. Rubin said it simply and eloquently: “A major political party should not stand by racists.” Is anybody out there in the GOP listening?

PWS

01-15-19

A LIFE WELL LIVED: R.I.P. JUDGE PATRICIA WALD 1928 – 2019 — “The truth is that life does change and the law must adapt to that inevitability.” — Rev. Bob Jones Once Called Her An “instrument of the devil.” — Can It Get Any Better Than That?

https://www.washingtonpost.com/local/obituaries/patricia-wald-pathbreaking-federal-judge-who-became-chief-of-dc-circuit-dies-at-90/2019/01/12/6ab03904-1688-11e9-803c-4ef28312c8b9_story.html

Patricia Wald, pathbreaking federal judge who became chief of D.C. Circuit, dies at 90


President Barack Obama awards Judge Patricia Wald the Presidential Medal of Freedom in 2013. (Evan Vucci/AP)

January 12 at 12:10 PM

Shortly before she graduated from Yale Law School in 1951, Patricia Wald secured a job interview with a white-shoe firm in Manhattan. The hiring partner was impressed with her credentials — she was one of two women on the law review — but lamented her timing.

“It’s really a shame,” she recalled the man saying. “If only you could have been here last week.” A woman had been hired then, she was told, and it would be a long time before the firm considered bringing another on board.

Gradually, working nights and weekends while raising five children, she built a career in Washington as an authority on bail reform and family law. Working for a pro bono legal services group and an early public-interest law firm, she won cases that broadened protections for society’s most vulnerable, including indigent women and children with special needs.

She became an assistant attorney general under President Jimmy Carter, who in 1979 appointed her to the U.S. Court of Appeals for the District of Columbia Circuit — often described as the country’s most important bench after the U.S. Supreme Court. She was the first woman to serve on the D.C. Circuit and was its chief judge from 1986 to 1991. Later, she was a member of the United Nations tribunal on war crimes and genocide in the former Yugoslavia.

Judge Wald, whom Barack Obama called “one of the most respected appellate judges of her generation” when he awarded her the Presidential Medal of Freedom in 2013, died Jan. 12 at her home in Washington. She was 90.

The cause was pancreatic cancer, said a son, Douglas Wald.


Judge Patricia Wald in 1999. (Michael Williamson/The Washington Post)
More than 800 opinions

On the D.C. Circuit, Judge Wald served on three-member panels that decided some of the most complicated legal disputes on the federal docket. She wrote more than 800 opinions during her tenure — many on technical matters involving separation of powers, administrative law and the environment — and she counted herself among the more liberal jurists, viewing the law as a tool to achieve social progress.

At the time, demonstrators regularly gathered outside the South African Embassy to shame the apartheid regime and outside the Nicaraguan and Soviet embassies to call attention to human rights violations. (The case was brought by conservative activists protesting Nicaragua’s radical left-wing Sandinista regime and the treatment of Soviet dissident Andrei Sakharov.)

Writing for the majority, Judge Robert H. Bork cited the obligation of the United States to uphold the “dignity” of foreign governments. Judge Wald responded that the ruling “gouges out an enormously important category of political speech from First Amendment protection.”

Judge Wald played a small role in a long-running, high-profile case involving the Justice Department’s effort to break up the software giant Microsoft on the grounds of anti-competitive practices.

She dissented in 1998, when the court ruled that the company had not violated a consent decree regarding Microsoft’s bundling of its Internet browser with its Windows 95 operating system. She concurred with the government’s argument that bundling gave the software company’s browser an unfair advantage and could be financially harmful to competitors. (Microsoft and the Justice Department reached a settlement in 2002.)

In 1997, she delivered a unanimous opinion in a case growing out of a corruption probe involving Mike Espy, who served as agriculture secretary under President Bill Clinton and was accused of accepting illegal gifts. In her opinion, one of the most cited executive-privilege cases since the Watergate era, Judge Wald broadened the scope of executive privilege to include the president’s senior advisers while noting that it was “not absolute” and could not be claimed in all circumstances.

In a speech at Yale in 1988, she likened judges on the appeals court to “monks or conjugal partners locked into a compulsory and often uneasy collegiality. . . . I constantly watch my colleagues in an effort to discern what it takes to be a good appellate judge: alertness, sensitivity to the needs of the system and one’s colleagues, raw energy, unselfishness, a healthy sense of history, some humility, a lively interest in the world outside the courthouse and what makes it tick.”

Summer jobs at the factory

Patricia Ann McGowan was born in the factory town of Torrington, Conn., on Sept. 16, 1928. She was 2 when her father, whom she called an alcoholic, abandoned the family. Her mother raised her with the help of relatives. They all worked at Torrington Co., which produced sewing and surgical needles and, during World War II, ball bearings.

She remembered working summers, as a teenager, at the factory, “up to my arms in ball-bearing grease.” The drudgery and her encounters with union activists sparked her interest in labor law.

In 1952, she married a Yale classmate, Robert L. Wald. After a stint clerking for a federal judge and working as an associate in a Washington law firm, she shifted her attention to her family for the next decade.

She did legal research projects on the side, collaborating with Daniel J. Freed, a Yale classmate and Justice Department lawyer, on “Bail in the United States — 1964,” a book credited with spurring the Bail Reform Act of 1966. That landmark legislation upended the bail system, which had left poor defendants little choice but to languish in jail before trial, by allowing defendants to be released without bond in certain noncapital cases. (The act was later watered down by preventive-detention laws.)

Judge Wald led a team that successfully argued in 1970 before the D.C. Circuit federal appeals court that the financial barrier was effectively an unconstitutional denial of access to the courts.

Judge Wald’s subsequent work for the Center for Law and Social Policy, a public-interest law firm, led to one of the first court decisions requiring that school districts provide an adequate education to the mentally and physically disabled.

Sen. Gordon J. Humphrey (R-N.H.), citing an article she had written on the legal rights of children to seek without parental approval medical and psychiatric attention in extreme cases, accused her of being “anti-family.” Appearing before the Senate Judiciary Committee, Bob Jones III, a fundamentalist preacher and president of Bob Jones University in South Carolina, called her an “instrument of the devil.”

Judge Wald liked to recall that a reporter approached her son Thomas, then in high school, for his reaction to his mother being called a minion of Lucifer. “Well, she burns the lamb chops,” Thomas replied, “but otherwise she’s okay.”

Her husband, who became a prominent Washington antitrust lawyer in private practice, died in 2010. Survivors include their children, Sarah Wald of Belmont, Mass., Douglas Wald of Bethesda, Md., Johanna Wald of Dedham, Mass., Frederica Wald of New York and Thomas Wald of Denver; 10 grandchildren; and one great-grandson.

Judge Wald was a former vice president of the American Law Institute, an organization of legal professionals. After the collapse of the Soviet Union, she participated in American Bar Association efforts to assist structural changes to the legal systems of former communist nations in Eastern Europe.

In 1999, U.N. Secretary General Kofi Annan named her one of 14 judges, from as many countries, to serve on the war crimes tribunal for the former Yugoslavia at The Hague.

She sat for two years on the now-defunct criminal court and was on the panel of judges that in 2001 convicted former Bosnian Serb general Radislav Krstic, the first person found guilty of genocide by the tribunal. The tribunal sentenced Krstic to 46 years in prison for his role in the slaughter of thousands of Muslim men and boys near Srebrenica in 1995. An appeals court later reduced the sentence to 35 years.

Judge Wald brought what the New York Times called a refreshing lack of pomp to the tribunal, often running down documents herself, instead of dispatching clerks to fetch them, leaving her office door open for visitors and taking her meals in a canteen where judges were seldom spotted.

She sat on many blue-ribbon panels and commissions. But she said she took particular pride in her role in an appellate decision involving a Naval Academy honor student, Joseph Steffan, who had been expelled because he was openly gay.

Judge Wald was part of the three-judge panel that unanimously ruled in 1993 that the armed forces could not make sexual orientation the sole criterion for expulsion. The Justice Department then asked for a rehearing by the full D.C. Circuit court, which in a 7-to-3 ruling — with Judge Wald dissenting — rejected Steffan’s readmission.

“You always have a sad feeling when you write a dissent because it means you lost,” Judge Wald said in an interview with a D.C. Bar publication. “But you write them because you have faith that maybe they will play out at some time in the future, and because of the integrity you owe to yourself. There are times when you need to stand up and say, ‘I can’t be associated with this point of view.’ That was certainly the way I felt in the gay midshipman case.”

*************************************
I knew Judge Wald back in the Carter Administration when she was the Assistant Attorney General for Legislative Affairs at the DOJ and I was the Deputy General Counsel of the “Legacy INS.” I was working for then General Counsel David Crosland, now Judge Crosland of the Baltimore Immigration Court. Part of my “portfolio” was the INS Legislative Program. Judge Wald’s “right hand man” on immigration legislation was my friend the late Jack Perkins who later went on to a distinguished career as a Senior Executive at EOIR.
I remember Judge Wald as wise, courteous, congenial, humane, practical, and supportive.  She was also a long-time friend of the late former EOIR Director Kevin D. Rooney who was then the Assistant Attorney General for Administration.
My favorite Judge Wald quote from this obit was the last one:
“You always have a sad feeling when you write a dissent because it means you lost,” Judge Wald said in an interview with a D.C. Bar publication. “But you write them because you have faith that maybe they will play out at some time in the future, and because of the integrity you owe to yourself. There are times when you need to stand up and say, ‘I can’t be associated with this point of view.’ That was certainly the way I felt in the gay midshipman case.”
Yup, I can certainly relate to that.
R.I.P. Judge Wald.
PWS
01-13-19

US DISTRICT JUDGE BRINKEMA CRITICIZES INCREASE IN LOW-LEVEL IMMIGRATION PROSECUTIONS: “I think this is not the best use of judicial or Justice Department resources to keep seeing these types of cases.”

https://www.washingtonpost.com/local/public-safety/federal-judge-criticizes-prosecutors-over-increase-in-illegal-immigration-cases/2019/01/10/98d4692e-103c-11e9-84fc-d58c33d6c8c7_story.html

Rachel Weiner and John D. Harden report for WashPost:

Federal judge criticizes prosecutors over increase in immigration cases

January 10 at 12:47 PM

A federal judge has spoken out against a sharp increase in Northern Virginia in the prosecution of immigrants who reenter the country after deportation.

“I hope this is not the start of a pattern for this year,” Judge Leonie M. Brinkema said in Alexandria federal court last week, noting that there were six such cases scheduled for the first Friday in January. “I think this is not the best use of judicial or Justice Department resources to keep seeing these types of cases.”

She added that she would like that message to be relayed to U.S. Attorney for the Eastern District of Virginia G. Zachary Terwilliger.

The defendant before her that morning, Ramon Adrian Ochoa Paz, ended up in federal court after serving time in Prince William County for aggravated sexual battery of a child, a felony. But in federal court, his only alleged crime was coming back into the country after being deported in 2000. And he is something of an outlier; in the majority of the 224 felony reentry after deportation cases filed in the Eastern District last year, the initial arrest involved misdemeanor offenses, most commonly drunken driving. Arrests for misdemeanor assault and public intoxication are also common.

The vast majority of these cases are prosecuted at the border, where immigrants are caught crossing illegally. The Eastern District of Virginia ranked sixth among non-border districts in illegal reentry prosecutions last fiscal year.


The federal courthouse in Alexandria, Va. (Mark Wilson/Getty Images)

The Eastern District of Virginia, a large and high-profile office led by a prosecutor who worked under Sessions, has seen a particularly sharp rise in such cases, from 78 filed in 2017 to nearly three times that number the following year.

Terwilliger declined to comment, but in recent months he has begun highlighting cases in which defendants have repeatedly come into the country illegally and committed other crimes while here. They included a Salvadoran man arrested for his fifth drunken driving offense who already had a felony reentry conviction and a Mexican man with a sexual assault and drug record who had previously been deported.

“We are committed to criminal immigration enforcement and will continue to prioritize these cases,” the U.S. attorney wrote in one such news release.

Terwilliger has simultaneously emphasized his support for legal immigration, regularly taking part in the Alexandria courthouse’s monthly naturalization ceremonies. In his first-ever tweet, he wrote, “These individuals exemplify that we are both a nation of immigrants and a nation of laws.”


U.S. Attorney for the Eastern District of Virginia G. Zachary Terwilliger. (Department of Justice)

Most illegal immigrants convicted of coming back into the country after deportation do not have previous felony or extensive misdemeanor records and are usually not sentenced to any incarceration beyond time already served awaiting judgment before they are handed over to U.S. Immigration and Customs Enforcement, according to federal court records. The average sentence in fiscal 2018 for those who did get prison time was five months, according to data from Syracuse University’s Transactional Records Access Clearinghouse — on the low end nationally and a decline from previous years.

 In many cases the initial charges are dropped or left hanging because the defendant is already in ICE custody. When the initial crime is more serious, a defendant is more likely to be prosecuted on federal charges after completing a local sentence.

Only a few of those prosecuted were not arrested for any reason other than returning to the country after deportation — for example, a contractor hired to work on a house where FBI agents were serving a search warrant.

Often, defense attorneys in these cases ask to skip as much of the standard court process as possible, hoping to move a case quickly to sentencing. Illegal immigrants rarely have the funds to hire attorneys; most of these cases are handled by taxpayer-funded public defenders.

“The court, prosecutors, and defense lawyers spend considerable time and resources, particularly to hire interpreters, on illegal reentry cases. Yet these defendants almost all face, in addition to prosecution, detention in ICE custody and deportation,” Geremy Kamens, lead public defender for the Eastern District said in a statement. “Particularly for defendants who have little or no criminal record, ICE detention and removal already amount to a significant punishment.”

Brinkema has challenged the Trump administration’s immigration policies before. She issued a preliminary injunction against the White House’s travel ban on seven majority-Muslim countries in 2017, saying there was “unrebutted evidence” that the order was motivated by “religious prejudice.”

But in immigration cases involving a pattern of bad conduct, she has not shied away from imposing relatively long sentences.

Giving one man with a history of domestic violence and drunken driving a 14-month sentence for recrossing the border illegally, she told him, “You’re a menace when you’re in this country.”

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

Under Trump, Sessions, and now Whitaker, the DOJ is no stranger to promoting prosecutorial abuses. Just think of the unconscionable clogging of US District Courts along the border with minor offenders as part of Sessions’s ill-fated “zero tolerance” policy; the Government’s frivolous anti-sanctuary litigation which they have lost everywhere; the abusive “re-calendaring” of previously properly closed “low priority” removal cases on already overwhelmed Immigration Court dockets; and the illegal and unethical use of “AG certification” to rewrite portions of immigration law that weren’t broken in the first place.

On the flip side, the individual actually involved in this particular case sounds (from the facts presented here) like a “bad actor” who would be an enforcement priority in any Administration. I also appreciate U.S. Attorney’s Terwilliger’s public support of naturalization and legal immigration, something which puts him at odds with some other Administration officials and Trump himself who keeps parroting the nativist “we need cuts to legal immigration” party line.

At least Judge Brinkema gets to speak her mind. By contrast,”captive” U.S. Immigration Judges controlled by the DOJ are “muzzled” when it comes to commenting on the politicized mess that this Administration is causing in the Immigration Courts through “Aimless Docket Reshuffling,” political meddling with the law by biased Attorneys General, and a total lack of discipline or discernible priorities at DHS Enforcement.

Assuming that the Immigration Courts eventually reopen their doors for non-detained cases (the vast, vast majority of the docket), the additional mess and chaos created in an already dysfunctional and mismanaged system though Trump’s mindless and unnecessary shutdown is likely to be irreparable.

PWS

01-10-19

MORE PHONY BALONEY FROM LIAR-IN-CHIEF!

https://www.washingtonpost.com/politics/2019/01/09/fact-checking-president-trumps-oval-office-address-immigration/

Salvador Rizzo reports for WashPost:

The first misleading statement in President Trump’s Oval Office address Tuesday night came in the first sentence.

Trump, addressing a national television audience from behind his desk, warned of a “security crisis at the southern border” — even though the number of people caught trying to cross illegally is near 20-year lows.

Another false claim came moments later, when Trump said border agents “encounter thousands of illegal immigrants trying to enter our country” every day, though his administration puts the daily average for 2018 in the hundreds. A few sentences later, he said 90 percent of the heroin in the United States comes across the border with Mexico, ignoring the fact that most of the drugs come through legal entry points and wouldn’t be stopped by the border wall that he is demanding as the centerpiece of his showdown with Democrats.

Over the course of his nine-minute speech, Trump painted a misleading and bleak picture of the situation at the U.S.-Mexico border. He pumped up some numbers, exaggerated the public safety risks of immigration and repeated false claims regarding how to fund a border wall.

The appearance, coming as a partial federal government shutdown resulting from the wall fight enters its third week, underscored the extent to which Trump has relied on false and misleading claims to justify what has long been his signature political issue.

One false claim noticeably absent from the speech was the assertion made by the president and many of his allies in recent days that terrorists are infiltrating the country by way of the southern border. Fact-checkers and TV anchors, including those on Fox News, spent days challenging the truthfulness of the claim.

Below are the truths behind Trump’s claims from the Oval Office address:

“Tonight I am speaking to you because there is a growing humanitarian and security crisis at our southern border.”

By any available measure, there is no new security crisis at the border.

Apprehensions of people trying to cross the southern border peaked most recently at 1.6 million in 2000 and have been in decline since, falling to just under 400,000 in fiscal 2018. The decline is partly because of technology upgrades; tougher penalties in the wake of the 9/11 terrorist attacks; a decline in migration rates from Mexico; and a sharp increase in the number of Border Patrol officers. The fiscal 2018 number was up from just over 300,000 apprehensions at the U.S.-Mexico border for fiscal 2017, the lowest level in more than 45 years.

There are far more cases of travelers overstaying their visas than southern border apprehensions. In fiscal 2017, the Department of Homeland Security reported 606,926 suspected in-country overstays, or twice the number of southern border apprehensions. In fiscal 2016, U.S. officials reported 408,870 southern border apprehensions and 544,676 suspected in-country overstays.


(Kevin Uhrmacher/Washington, D.C.)

While overall numbers of migrants crossing illegally are down, since 2014 more families from El Salvador, Guatemala and Honduras have begun to trek to the United States in search of safer conditions or economic opportunities, creating a humanitarian crisis.

“Record numbers of migrant families are streaming into the United States, overwhelming border agents and leaving holding cells dangerously overcrowded with children, many of whom are falling sick,” The Washington Post reported Jan. 5. “Two Guatemalan children taken into U.S. custody died in December.”

“Every day Customs and Border Patrol agents encounter thousands of illegal immigrants trying to enter our country.”

Southern border apprehensions in fiscal 2018 averaged 30,000 a month (or 1,000 a day). They ticked up in the first two months of fiscal 2019, but it’s a stretch to say “thousands” a day. Better to say “hundreds.”

“America proudly welcomes millions of lawful immigrants who enrich our society and contribute to our nation, but all Americans are hurt by uncontrolled illegal migration. It strains public resources and drives down jobs and wages. Among those hardest hit are African Americans and Hispanic Americans.”

Some context here: In general, economists say illegal immigration tends to affect less-educated and low-skilled American workers the most, which disproportionately encompasses black men and recently arrived, low-educated legal immigrants, including Latinos.

The U.S. Commission on Civil Rights in 2010 found that illegal immigration has tended to depress wages and employment for black men. However, there are other factors at play, and “halting illegal immigration is not a panacea even for the problem of depressed wage rates for low-skilled jobs,” the commission found.

The consensus among economic research studies is that the impact of immigration is primarily a net positive for the U.S. economy and to workers overall, especially over the long term. According to a comprehensive 2016 report by the National Academies of Sciences, Engineering, and Medicine on the economic impacts of the U.S. immigration system, studies on the impact of immigration showed “the seemingly paradoxical result that although larger immigration flows may generate higher rates of unemployment in some sectors, overall, the rate of unemployment for native workers declines.”

“Our southern border is a pipeline for vast quantities of illegal drugs, including meth, heroin, cocaine and fentanyl. Every week, 300 of our citizens are killed by heroin alone, 90 percent of which floods across from our southern border.”

‘There is no crisis’: Three border-town neighbors react to Trump’s wall demand

With a partial wall near their homes, three neighbors in Penitas, Tex., react to President Trump’s call to expand the barrier on the Mexican border.

In 2017, more than 15,000 people died of drug overdoses involving heroin in the United States, according to the Centers for Disease Control and Prevention. That works out to about 300 a week.

But while 90 percent of the heroin sold in the United States comes from Mexico, virtually all of it comes through legal points of entry. “A small percentage of all heroin seized by [Customs and Border Protection] along the land border was between Ports of Entry (POEs),” the Drug Enforcement Administration said in a 2018 report. So Trump’s wall would do little to halt drug trafficking. Trump’s repeated claim that the wall would stop drug trafficking is a Bottomless Pinocchio claim.

“In the last two years, ICE officers made 266,000 arrests of aliens with criminal records, including those charged or convicted of 100,000 assaults, 30,000 sex crimes, and 4,000 violent killings. Over the years, thousands of Americans have been brutally killed by those who illegally entered our country, and thousands more lives will be lost if we don’t act right now.”

Trump warns about dangerous criminals, but the numbers he’s citing involve a mix of serious and nonviolent offenses such as immigration violations. U.S. Immigration and Customs Enforcement reports yearly arrest totals without breaking down the type of offense, which could be anything from homicide to a DUI to illegal entry.

Notice how Trump switches quickly from the 266,000 arrests over two years to charges and convictions: “100,000 assaults, 30,000 sex crimes, and 4,000 violent killings.” In many cases, the people arrested face multiple counts, so that switch gives a confusing picture.

In fiscal 2018, ICE conducted 158,581 administrative arrests for civil immigration violations. The agency’s year-end report says two-thirds (105,140) of those involved people with criminal convictions and one-fifth (32,977) involved people with pending criminal charges. Of the 143,470 administrative arrests in 2017, 74 percent involved people with criminal records and 15.5 percent involved people who had pending charges. But these totals cover all types of offenses — including illegal entry or reentry.

In the fiscal 2018 breakdown, 16 percent of all the charges and convictions were immigration and related offenses.

“Last month, 20,000 migrant children were illegally brought into the United States, a dramatic increase. These children are used as human pawns by vicious coyotes and ruthless gangs.”

No government statistic tracks children smuggled in by bad actors, “coyotes” or drug gangs. What Trump is referring to is CBP’s number for family unit apprehensions, a monthly statistic. The family unit by definition must include at least one parent or legal guardian and one minor. (There’s a separate figure for unaccompanied alien children.)

That number was 25,172 in November, the most recent month for which data are available, but it’s wrong to describe it as a statistic that represents children being smuggled into the country.

Trump describes this as 20,000 children, but it could be many more, considering that some families have multiple children. More important, Trump describes this as children being smuggled in by coyotes or gangs, but border officials screen for false claims of parentage. To imply as Trump does that a child’s mother, father or legal guardian is or hired a smuggler, coyote or gang member in all of these cases is wrong.

“Furthermore, we have asked Congress to close border security loopholes so that illegal immigrant children can be safely and humanely returned back home.”

The Trump administration considers the Flores settlement agreement a loophole. That policy requires the government to release unaccompanied immigrant children who are caught crossing the border within 20 days to family members, foster homes or “least restrictive” settings.

The president also wants to tighten U.S. asylum laws generally and the Trafficking Victims Protection Reauthorization Act, with the goal of restricting some immigrants’ opportunities to file asylum petitions. Trump describes these asylum provisions as “border security loopholes,” but supporters call them core provisions of U.S. laws that cover refugees.

“Finally, as part of an overall approach to border security, law enforcement professionals have requested $5.7 billion for a physical barrier. At the request of Democrats, it will be a steel barrier rather than a concrete wall.”

Trump suggests that Democrats requested a steel barrier rather than a concrete wall, but the proposed switch to steel was an idea the Trump administration brought up. No Democrats are on record demanding a steel barrier along the U.S.-Mexico border.

“This is just common sense. The border wall would very quickly pay for itself. The cost of illegal drugs exceeds $500 billion a year, vastly more than the $5.7 billion we have requested from Congress.”

Trump tweeted a similar claim in March, citing a study from the Center for Immigration Studies, which supports more restrictive immigration policies. Essentially, the claim that the wall pays for itself turns on three numbers: a) estimated savings from each undocumented immigrant blocked by the wall, b) the total number of undocumented immigrants stopped over 10 years and, and c) the cost of the wall.

It’s (a) $75,000 multiplied by (b) 160,000 to 200,000 equals (c) $12 billion to $15 billion. So, if the wall actually costs $25 billion, the number of undocumented immigrants halted by the wall would need to be doubled, or one has to assume it would take 20 years to earn the money back. But other experts offer different estimates for each of those numbers.

Plus, as we’ve previously reported, the wall would do little to stop drugs from entering the United States, since they primarily come in through legal points of entry, making the cost of illegal drugs irrelevant to this issue.

“The wall will also be paid for indirectly by the great new trade deal we have made with Mexico.”

This is a Four Pinocchio claim. During the campaign, Trump more than 200 times promised Mexico would pay for the wall, which the administration says would cost at least $18 billion. Now he says a minor reworking of the North American Free Trade Agreement (NAFTA) will earn enough money for pay for the wall.

This betrays a misunderstanding of economics. Countries do not “lose” money on trade deficits, so there is no money to earn; the size of a trade deficit or surplus can be determined by other factors besides trade. Congress must still appropriate the money, and the trade agreement has not been ratified.

“Senator Chuck Schumer, who you will be hearing from later tonight, has repeatedly supported a physical barrier in the past, along with many other Democrats. They changed their mind only after I was elected president.”

Schumer, Hillary Clinton and many other Democrats voted for the Secure Fence Act of 2006, which authorized building a fence along nearly 700 miles of the border between the United States and Mexico. But the fence they voted for is not as substantial as the wall Trump is proposing. Trump himself has called the 2006 fence a “nothing wall.”

Michelle Ye Hee Lee and Meg Kelly contributed to this report.

(About our rating scale)

 

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Here is a good summary of Trump’s “Bogus, Self-Created Non-Emergency” (a/k/a “Fiddling While Rome Burns”) from the WashPost Editorial staff:

https://www.washingtonpost.com/opinions/here-are-some-real-emergencies-none-of-them-requires-the-president-to-turn-into-a-dictator/2019/01/08/7030a93c-1376-11e9-803c-4ef28312c8b9_story.html

January 8 at 4:44 PM

AS CRISES go, the situation along the southern border is certainly a logistical, humanitarian and managerial challenge. Its urgency is accentuated by laws and infrastructure ill-suited to the current flood of families seeking asylum in the United States. But it is not a national emergency, as President Trump has framed it, any more than numerous other challenges we can think of.

The Border Patrol’s average monthly arrests of undocumented immigrants have plummeted by nearly two-thirds from the administration of President George W. Bush to that of Mr. Trump. There is no evidence that terrorists have crossed the frontier illegally from Mexico, as Mr. Trump likes to say. And a wall of the sort the president covets would do little to deter drugs or criminals, most of which enter the country through legal crossing points.

As a legal matter, it’s unclear whether Mr. Trump has the authority to declare an official emergency as a means of diverting funds that would enable the military to build the wall; certainly, he would be challenged in court if he tried it. What is clear is that, as a policy matter, many crises are equally or more deserving of the attention, money and resolve Mr. Trump has focused on the wall.

Start with the opioid addiction epidemic, which the president did designate a national health emergency in the fall of 2017. Unfortunately, there has been limited follow-up from him or his administration since then. Even with more than 70,000 people dying in 2017 from drug overdoses, federal spending remains at levels far short of what experts say is required to fight addiction effectively.

What about fatal motor vehicle crashes, which, despite impressive progress in recent decades, claimed the lives of more than 37,000 people in 2017? That’s more than 100 deaths on average each day — more than twice the rate at which U.S. soldiers were killed during the Vietnam War’s bloodiest year, 1968. A similar number of people died in the United States as a result of firearms in 2016, about two-thirds of them involving suicide. Any other Western democracy would regard that as a bona fide emergency; Mr. Trump barely mentions it.

An excellent case could be made for declaring an emergency over Russian meddling in U.S. elections, the scale and scope of which is only gradually becoming clear. Climate change is a full-blown emergency whose threat to lives and property is poised to rise exponentially.

The right response to all these emergencies would be for Congress and the president together to shape policy responses — not to deny their existence, as Mr. Trump does with climate change, or use them for political gain, as he does with the border. The one emergency Mr. Trump fears is the threat he faces from his own base should it conclude his border-wall promise was a hoax. Thus has the president perverted the public debate and diverted the United States’ gaze from authentic dangers.

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

I could have spent all day posting about Trump’s bogus crisis, lies, etc. But, the above two posts really say about all you really need to know about the real facts about the border and Trump’s dishonest attempt to shift attention away from the real crisis he’s caused: The unnecessary and idiotic shutdown of essential Government functions from which it might take us years to recover, if ever! As pointed out by the Post, Trump’s dishonesty and incompetence undermines efforts to address the real problems faced by our nation. That’s going to take some “competence in government” — a feature completely absent from the Trump Administration which has encouraged and implemented “worst practices” at all levels.

I don’t know how we’re going to be able to recruit the “best and brightest” for our Career Civil Service in the future given the way they have been mistreated by Trump and the GOP.

And, Trump’s “kakistocracy,” is a shocking foretaste of what we’re in for in the future if we don’t get some basic competency, decency, and expertise back into our Government Service — at all levels, starting with the top.

PWS

01-09-19

 

IMMIGRATION COURTS: WILL TRUMP’S SHUTDOWN BE THE FINAL NAIL IN THE COFFIN? — Demoralized, Backlogged, Mismanaged, Immigration Courts Experiencing A New Wave Of Politically Caused “Aimless Docket Reshuffling,” As More Cases That Should Have Been Completed Are Mindlessly “Orbited” to 2021 & Beyond Because Of Trump’s Intransigence!

https://www.washingtonpost.com/world/national-security/shutdown-worsens-strain-on-us-immigration-system/2019/01/02/97dd0ef6-0ebe-11e9-84fc-d58c33d6c8c7_story.html

Nick Miroff reports in the WashPost:

. . . .

The Executive Office for Immigration Review, the immigration court system run by the Justice Department, did not respond to requests for comment, because its public affairs staff has been furloughed.

But Ashley Tabaddor, president of the National Association of Immigration Judges, the union that represents the country’s approximately 400 judges, said the impact of the disruption has been “immense.”

Immigration judges all received furlough notices on Dec. 26, she said, but many have since been instructed to return to court to adjudicate cases of detainees in immigration custody. The judges are also working without pay.

Some of those judges have their calendars booked three to four years in advance because of the backlog of cases, Tabaddor said, so hearings that have been canceled in recent days cannot be rescheduled until 2021 or beyond.

“The irony is not lost on us,” Tabaddor said, “that the immigration court is shut down over immigration.”

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

Read Nick’s complete report at the link.

This confirms what many have been saying all along: Trump neither knows nor cares about effective immigration enforcement. No, he’s all about blowing racist “dog whistles” for the benefit of a White Nationalist “base.”

I remember how previous shutdowns were the beginning of the “Aimless Docket Reshuffling” that has so damaged our Immigration Courts and artificially jacked up the backlog. First, the politicians show their disdain for the Government they are supposed to be running and the civil servants who are actually doing the work of that Government. Then the politicos at DOJ show their disrespect by designating most Immigration Court functions as “nonessential.” Then, when work resumes, EOIR basically says “no heroics, just put all the cancelled cases at the end of the docket.” So much for urgency, priorities, Due Process, and respect.

In fact, an operating, well-staffed, highly professional Immigration Court with expertise in asylum and other complex provisions of immigration law and an unswerving commitment to enforcement of Due Process for all individuals within its jurisdiction is essential for effective immigration enforcement. Indeed, this was “at least one central reason” for the removal of the Immigration Courts from the “Legacy INS” and the establishment of EOIR as a separate quasi-judicial entity within the DOJ during the Reagan Administration.

For a time, EOIR made substantial progress toward professionalism and judicial independence until the advent of Attorney General John Ashcroft and his notorious nativist sidekick Kris Kobach in 2001.  Thereafter, it’s been pretty much straight downhill, starting with Ashcroft’s trashing of the BIA and continuing through Sessions’s gross mismanagement and overt attacks on judicial independence, due process, and substantive asylum law.

Today, the Immigration Court system is in shambles, unable to provide either consistent fairness and Due Process to respondents or timely removal orders for those who might be legitimate enforcement priorities for the DHS. The BIA fails to provide true deliberation, commitment to Due Process, and expertise, particularly in the areas of asylum, CAT, and the provisions for removal of certain criminals. This, in turn, erodes deference and debilitates efficient review from the “real” Article III Courts.

The Trump Administration has made a complete hash out of the immigration laws. However, at some point, reasonable, responsible leadership will return to the political scene. When it does, an independent Article I U.S. Immigration Court must be at or near the top of the legislative agenda.

Until then, the dysfunction will increase unless and until the Article IIIs figure out and impose a temporary fix. Otherwise, they are likely to have little if any judicial time to devote to anything other than the chaos thrust upon them by the rapidly failing Immigration Court system.

PWS

01-05-19

 

KAREN TUMULTY @ WASHPOST: Trump Is The Ugliest American – Amazingly, He Keeps Getting Uglier!

https://www.washingtonpost.com/opinions/2018/12/29/with-trump-there-is-no-bottom/

Karen Tumulty writes in WashPost:

With President Trump, there is no bottom. Every time you think you have seen it, he manages to sink even lower.

It is not news that the president is indifferent to human suffering. His limp response to the devastation of the 2017 hurricane in Puerto Rico — which he claimed to have been a “fantastic job” on the part of his administration — stands out in that regard. But on Saturday, we saw yet another level of depravity when Trump made his first comments regarding the deaths in recent days of two migrant Guatemalan children after they were apprehended by federal authorities. It revealed not only callousness but also opportunism, as he sought to turn this tragedy into a partisan advantage in his current standoff with Democrats over the government shutdown.

His statements came, not unexpectedly, over Twitter. First this:

Any deaths of children or others at the Border are strictly the fault of the Democrats and their pathetic immigration policies that allow people to make the long trek thinking they can enter our country illegally. They can’t. If we had a Wall, they wouldn’t even try! The two…..

And then, minutes later, this:

…children in question were very sick before they were given over to Border Patrol. The father of the young girl said it was not their fault, he hadn’t given her water in days. Border Patrol needs the Wall and it will all end. They are working so hard & getting so little credit!

Not a word of sympathy here — much less remorse on the part of the government over the deaths of a 7-year-old girl and 8-year-old boy while in its custody. Nor does Trump address questions that are being raised about whether the administration’s new policy seeking to limit the ability of immigrants to seek asylum protection might be a factor in putting more at risk. Under recent changes, migrants must remain in Mexico as their asylum cases are processed, possibly increasing their willingness to do something reckless to come across the border.

Then there was the dissonance: His blast came on a day that Homeland Security Secretary Kirstjen Nielsen was visiting Yuma, Ariz., after stopping in El Paso, Tex. Her department has promised more thorough medical screenings and is calling on other agencies to help. “The system is clearly overwhelmed and we must work together to address this humanitarian crisis and protect vulnerable populations,” Nielsen said in a statement.

Even if Trump were to get funding for the wall — and even if the wall were the deterrent he promises it would be, a more dubious proposition — that would be many months if not years in the future. This is an immediate crisis, for which the president seems to have no concern. Nor does Trump address the fact that what he claims are Democratic immigration policies have been in place for decades, and yet, until this month, it had been more than a decade since a child had died while in Customs and Border Protection custody.

It is true that greater numbers of vulnerable Central American children are being put into treacherous situations. My colleagues Joshua Partlow and Nick Miroff have done excellent reporting on how smugglers are gaming a dysfunctional immigration system:

This is happening because Central Americans know they will have a better chance of avoiding deportation, at least temporarily, if they are processed along with children.

The economics of the journey reinforces the decision to bring a child: Smugglers in Central America charge less than half the price if a minor is part of the cargo because less work is required of them.

Unlike single adult migrants, who would need to be guided on a dangerous march through the deserts of Texas or Arizona, smugglers deliver families only to the U.S. border crossing and the waiting arms of U.S. immigration authorities. The smuggler does not have to enter the United States and risk arrest.

The Trump administration tried to deter parents this spring when it imposed a “zero tolerance” family-separation policy at the border. But the controversy it generated and the president’s decision to halt the practice six weeks later cemented the widely held impression that parents who bring children can avoid deportation.

As Trump fulminates about the wall, he rarely brings up the idea of doing anything about the source of the problem: the desperation of people who are being driven from their native countries by poverty and violence. Until those forces are addressed, migrants will keep coming, even if it means taking greater risks to do so.

In the meantime, we have a president who is willing to politicize the deaths of two young children to score points against the opposition party. And the most shocking thing about seeing him scrape along a new moral bottom is this: It is no longer shocking at all.

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

Read the original article at the link.

The key:

As Trump fulminates about the wall, he rarely brings up the idea of doing anything about the source of the problem: the desperation of people who are being driven from their native countries by poverty and violence. Until those forces are addressed, migrants will keep coming, even if it means taking greater risks to do so.

Walls, detention centers, tent cities, and more Border Patrol Agents won’t solve this problem. Nor will proposed changes in the law and administrative actions aimed at further undermining our legal obligations toward refugees and asylum seekers. In fact, as we can see, the Administration’s approach is making things worse.

Establishing a fairer and appropriately more generous interpretation and application of our asylum and related protection laws, investing in addressing  “push” conditions in Central America, establishing robust “in country” refugee programs in the Northern Triangle, cooperation with the UNHCR is seeking “regional solutions” closer to the Northern Triangle, more well-trained Asylum Officers, and more well-trained, fair and impartial U.S. Immigration Judges with a prior background in fair and humane treatment of asylum seekers would, over time, improve the situation. Perhaps in the long run, it would even solve the problems.

PWS

12-31-18

KILLER SYSTEM: ASYLUM OFFICES, IMMIGRATION COURTS FAIL TO PROVIDE BASIC DUE PROCESS, FUNDAMENTAL FAIRNESS, COMMITMENT TO THE GENEROUS HUMANITARIAN INTENT OF ASYLUM LAW — Those Entitled To Asylum Or Other Protections Pay With Lives Or Suffer Further Persecution As A Result Of Poor Performance From Failing System! — When Will This Deadly National Disgrace Now Driven By Outlaw Administration End?

https://www.washingtonpost.com/classic-apps/when-death-awaits-deported-asylum-seekers/2018/12/26/6070085a-a62d-11e8-ad6f-080770dcddc2_story.html

Kevin Sieff & Carolyn Van Houten report for WashPost:

The threats from MS-13 had become incessant. There were handwritten letters, phone calls and text messages that all said the same thing: The gang was preparing to kill Ronald Acevedo.

His family pieced together a plan. They paid a smuggler to take Acevedo to the United States border. It was April 2017, three months after Donald Trump was inaugurated. The family believed that Acevedo could convince anyone, even the new president, that returning to El Salvador meant certain death. The country had the world’s highest murder rate. Acevedo had already been stabbed once.

“They already kill my friends, and they are going to do the same to me,” he said, according to his asylum application.

The plan didn’t work. After eight months in detention, Acevedo, 20, abruptly withdrew his asylum claim, reversing course and telling an immigration judge, “I don’t have any fear” of returning to El Salvador.He was deported to El Salvador on Nov. 29, 2017. He disappeared on Dec. 5, 2017, and his body was later found in the trunk of a car, wrapped in white sheets. An autopsy showed signs of torture.

His family says that he expressed a willingness to return to El Salvador only after immigration officers told him that he had no chance at gaining asylum and could spend many more months in detention.

U.S. Immigration and Customs Enforcement (ICE) did not respond to the family’s allegations that immigration officials dissuaded him from continuing his asylum case but said in a statement that it had a legal obligation to hold him in detention.

“ICE’s detention authority is based in the furtherance of an alien’s immigration proceedings, and if so ordered, their removal from the country,” the agency said.

Acevedo’s relatives spoke on the condition that his full name not be used, out of fear for their safety. (The Post is using only part of his name.) In a series of interviews, they discussed his asylum application and provided letters, Facebook messages and official documents outlining what happened to him. The Post also obtained transcripts of the proceedings and asylum documents through a Freedom of Information Act request.

. . . .

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

Read the complete report at the link.

Based on these facts, Acevedo should have had a “slam dunk” claim for a grant of protection under the Convention Against Torture (“CAT”): a probability of torture at gang’s hands with government acquiescence/willful blindness.

He might also have had a grantable withholding of removal claim on the basis of imputed political opinion — opposition to gangs in a country where gangs are a political force, actually the de facto government in many areas.

He also appears to meet the basic requirements for a grant of asylum on the same ground. However, his participation in assisting gangs could be a basis for a discretionary denial of asylum. Depending on further development of the facts, it also might amount to “assistance in persecution of others” which would bar withholding of removal under the Refugee Act but not CAT protection.

Obviously, Acevedo was entitled to a full, fair hearing on this complex and substantial claim. That requires a lawyer and an impartial U.S. Immigration Judge.

Instead, individuals literally pleading for their lives under U.S. and binding international laws face a policy of official coercion, lack of real training, rampant bias and political interference, a “captive court” that lacks the authority and the will to do what’s necessary to get the results correct, widespread contempt for individuals, their lawyers, and human life: That’s “business as usual” at DHS, the Asylum Office, DOJ, EOIR and the Immigration Courts — all glommed together in an unethical and probably unconstitutional morass that elevates (often bogus or wildly exaggerated) enforcement concerns above the law and our obligations to provide fair opportunities to be heard and protect human life. Perhaps worst of all, nobody is held truly accountable for this ungodly mess that is a blot upon our national conscience and an affront to the rule of law.

Congress has been AWOL. The Article III Courts have provided some welcome pushback, but have only scratched the surface of this deeply corrupt and lawless system; they are still disingenuously deferential to an inherently flawed process that merits no deference whatsoever!

PWS

12-28-18

ELIZABETH BRUENIG @ WASHPOST: Advice For Dems in 2020: Don’t Count Out The Possibility Of Standing Up For Values As Part Of A Winning Strategy!

https://www.washingtonpost.com/opinions/my-advice-to-progressives-dont-back-down/2018/12/14/b6e0bacc-ffbf-11e8-862a-b6a6f3ce8199_story.html?utm_term=.5aa9cb81d603

Elizabeth writes:

A reductive, but not incorrect view of the Democratic debacle in the 2016 elections holds that when President Trump took office, centrists lost the present and leftists lost the future. In 2020, Democrats will have a new opportunity to either reach backward for the Obama era, or to lay the foundation for a bolder, progressive future. Deciding which goal to pursue will likely become the chief party fault line as the 2020 primaries approach. My advice to progressives: Don’t back down.

For the party’s center-leaning establishment, a return to the Obama era makes sense. Centrists were happy then — thrilled to witness the passage of health-care reform that did something but not too much (so long, public option !), comfortable with what one might gently label a muscular foreign policy , pleased with the recovery from the 2008 financial crisis, though it came at the expense of homeowners in foreclosure while coddling Wall Street . All in all, things seemed stable and sustainable. Only tweaks and patches lay ahead.

But then, history — presumed dead by those who believed, with socialism extinguished, the future held nothing but increasing gains for liberal democracy — happened again. The 2016 election witnessed a swell of populist disenchantment with the status quo and concluded with the election of Trump. With Trump came a queasy uncertainty that still characterizes politics to this day,leaving old norms dissolved and common sense unequal to its task.

So much of centrist-Democrat fantasizing about 2020 already seems aimed at repeating a golden past. Consider the groundswell of interest in Beto O’Rourke, the Texas congressman who narrowly lost his recent Senate race against Sen. Ted Cruz. For Democrats excited about O’Rourke, his primary draw is his similarity to Barack Obama — both in form and content. O’Rourke has held conversations with the former president about a possible run, to build on a belief that O’Rourke, as my colleague Matt Viser described it, is “capable of the same kind of inspirational campaign that caught fire in the 2008 presidential election.”

O’Rourke’s politics also fall into the same ambiguously centrist zone as Obama’s. “Like Mr. Obama as he entered the 2008 campaign, Mr. O’Rourke can be difficult to place on an ideological spectrum, allowing supporters to project their own politics onto a messaging palette of national unity and common ground,” a recent New York Times report observed . Meanwhile, other candidates straight from Obama’s orbit — such as former vice president Joe Biden and former housing secretary Julián Castro — are also eyeing the nomination, with appeals to unity and centrist perspectives.

When not absorbed in hopes of re-creating the Obama era, Democrats mainly seem intent on beating Trump, with little comment or insight, at least so far, on what they will do with power once they have it. (After I questioned in my last column whether O’Rourke has demonstrated serious commitment to progressive values, some readers responded by arguing they’re glad he hasn’t — that Democrats need to run an Obama-style centrist to win back conservatives who might otherwise favor Trump. “A too-progressive Democratic nominee in 2020,” one reader wrote, “would be a gift to President Trump.”) Likewise, at a recent event in New York, former FBI director James B. Comey implored Democrats to put aside their political projects in favor of an all-consuming focus on simply beating Trump . “I understand the Democrats have important debates now over who their candidate should be,” Comey said, “but they have to win. They have to win.”

Presidential elections provide an opportunity for parties to identify and rally around their principles — and even to radically reshape them. If all the Democrats can manage is to hark back to the past and focus on winning for its own sake, they’re missing an opportunity to lay out a blueprint for the future. I don’t think that putting forth progressive priorities is incompatible with beating Trump; in fact, I think that having a clear and persuasive vision of what a better America can look like is likely to be more attractive to voters than promising them something vaguely like the past. One of the political lessons of recent years is that history is never over. The future is waiting, if we want to build it.

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Certainly the Obama Administration was “golden” by comparison with the current corrupt, White Nationalist regime that has made overt racism and hate front and center. However, despite some good things like DACA, stateside processing, and a late stab at wider use of prosecutorial discretion (“PD”), Obama was fairly disappointing from an immigration standpoint.

Under Obama, there was lots of ambiguity and misdirected enforcement, substantial overuse of detention (particularly substandard private detention), and the forerunner of the Trump Administration’s failed “border deterrence” strategy. Obama folks didn’t seek and glory in the cruelty and dehumanization the way that this Administration does. But, in human terms, the results often were similar for the individuals concerned: split families, indefinite detention, kids in jails, a failing U.S. Immigration Court system, and only a smattering of real “immigration pros” in key positions where they too often were not ” driving the train” or being taken seriously.

Can an immigration system based on the reality that immigration is good and necessary for our country, a professionally run independent U.S. Immigration Court dedicated to Due Process with efficiency, a more robust acceptance of refugees, a secure border, cooperation with the international community in solving problems, and treating those who can’t be accepted fairly, humanely, and respectfully be part of winning political strategy?

PWS

12-17-18

WASHPOST: Mexico Has A Great Idea For Addressing The Humanitarian Crisis In The Northern Triangle – Trump Should Invest!

https://www.washingtonpost.com/opinions/mexico-has-a-plan-to-reduce-the-migrant-flow-from-central-america-trump-should-embrace-it/2018/12/16/eed846de-ffd8-11e8-ad40-cdfd0e0dd65a_story.html

The Post Editorial Board writes:

ON FRIDAY, after a 7-year-old girl died in Border Patrol custody, a White House spokesman called on Congress to “disincentivize” Central American migrants from undertaking the perilous northward trek to the United States. In fact, there is just such a plan in the works, one already presented to President Trump, that has the makings of an effective long-term strategy for reducing the migrant flow, as well as tensions at the border. Mr. Trump would be wise to embrace it.

The plan is the brainchild of Mexican President Andrés Manuel López Obrador, who was sworn into office Dec. 1. He has proposed what amounts to a Marshall Plan for Central America — $30 billion over five years in job-creating economic development assistance. The details remain unknown, but the idea is eminently sensible: Along with insecurity and gang violence, the major driver of migration from Honduras, El Salvador and Guatemala is a massive opportunity deficit.

Mr. López Obrador outlined his vision to Mr. Trump on the phone recently and solicited U.S. participation. No word yet from the White House on the president’s response. However, incensed by the convoys of Central American migrants that made their way to the southern border this fall, he has specifically threatened to close down the border and sever existing aid to Central America, which amounts to hundreds of millions of dollars annually. And his usual instinct on foreign aid is: Why should we?

As it happens, there’s a compelling answer to that question, which the president himself has thrust into a spotlight by pushing to have Central American asylum seekers remain in Mexico while their cases work their way through U.S. courts. If Mr. Trump signs on to Mr. López Obrador’s vision for reviving Central America with an ambitious aid plan — one that would also serve U.S. interest as a means to “disincentivize” migration — that could be just the sweetener Mr. López Obrador needs to go along with Mr. Trump’s asylum plan.

This could be the start of a beautiful friendship, or at least a constructive alliance, between a pair of populist presidents who happen to be ideological opposites but whose goals on Central American migration should be aligned. Like Mr. Trump, Mr. López Obrador has his own reasons to discourage migrants who, in the case of the thousands who have reached Tijuana with the caravans, have become an increasingly unpopular local irritant. And even before the caravans, those who traversed Mexico were a magnet for exploitation and crime at the hands of human traffickers and other predators.

Hundreds of miles of existing barriers at the border haven’t stopped the flow of migrants, and neither will Mr. Trump’s wall, if it is ever built. The most effective long-term way to tackle the migrant problem is to do so at the source, in Central America. Mr. López Obrador is on the right track in grasping that. Mr. Trump would do well to join him, and strike a deal that would advance both leaders’ agendas.

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

Attacking the problem at its source seems to be a win-win for everyone, including migrants, most of whom probably would prefer to stay if their native countries if they could live in relative safety, support their families, and see a future for their kids.  Pretty much what all of us want. They could probably get some help and support from the UNHCR, which also strongly favors resolving humanitarian refugee situations near the area they originally arose.

PWS

12-17-18

JRUBE @WASHPOST: “Horrifying indifference to children’s lives”

https://www.washingtonpost.com/opinions/2018/12/16/horrifying-indifference-childrens-lives/

Rubin writes:

The Post reported this week:

A 7-year-old girl from Guatemala died of dehydration and shock after she was taken into Border Patrol custody last week for crossing from Mexico into the United States illegally with her father and a large group of migrants along a remote span of New Mexico desert, U.S. Customs and Border Protection said Thursday. . . .

According to CBP records, the girl and her father were taken into custody about 10 p.m. Dec. 6 south of Lordsburg, N.M., as part of a group of 163 people who approached U.S. agents to turn themselves in.

More than eight hours later, the child began having seizures at 6:25 a.m., CBP records show. Emergency responders, who arrived soon after, measured her body temperature at 105.7 degrees, and according to a statement from CBP, she “reportedly had not eaten or consumed water for several days.”

The Department of Homeland Security’s statement in response to reports of the child’s death was a moral and legal disgrace:

Traveling north through Mexico illegally in an attempt to reach the United States, is extremely dangerous. Drug cartels, human smugglers and the elements pose deadly risks to anyone who seeks to cross our border illegally. Border Patrol always takes care of individuals in their custody and does everything in their power to keep people safe. Every year the Border Patrol saves hundreds of people who are overcome by the elements between our ports of entry. Unfortunately, despite our best efforts and the best efforts of the medical team treating the child, we were unable to stop this tragedy from occurring.

“Once again, we are begging parents to not put themselves or their children at risk attempting to enter illegally. Please present yourselves at a port of entry and seek to enter legally and safely.”

For starters, the federal government is responsible for the health and welfare of anyone it detains — whether it is a criminal in a prison, a child in its foster-care system or families detained at the border. Regardless of what the children’s parents did or did not do, the United States has an obligation to the children the moment it detains them. Not to give food and water, or to check the health of those it has in custody, is inexcusable. Blaming the parents as Homeland Security Secretary Kirstjen Nielsen did (“This is just a very sad example of the dangers of this journey. This family chose to cross illegally”) reflects her legal and moral obtuseness. In our care, the child’s welfare became our responsibility.

“This tragedy represents the worst possible outcome when people, including children, are held in inhumane conditions,” the ACLU’s Border Rights Center said in a statement. “Lack of accountability, and a culture of cruelty within CBP have exacerbated policies that lead to migrant deaths.” The ACLU continued, “In 2017, migrant deaths increased even as the number of border crossings dramatically decreased. When the Trump administration pushes for the militarization of the border, including more border wall construction, they are driving people fleeing violence into the deadliest desert regions.” The statement pointed out that the incident wasn’t reported for a week. “We call for a rigorous investigation into how this tragedy happened and serious reforms to prevent future deaths,” the statement concluded.

Frank Sharry, executive director of America’s Voice, a progressive pro-immigration group, also responded. Sharry pointed out that a “tragic and preventable death of an innocent seven-year old girl should not be seen as a mistake made in an otherwise humane system, but rather a deliberately cruel and dehumanizing system that has produced yet another death.” His statement asserted that CBP’s holding facilities are characterized by “freezing temperatures, no beds, lights left on, no showers, not enough toilets or toilet paper, filthy conditions, horrible smell, inedible food and not enough clean water to drink, and [are] run by insulting and abusive agents.” The system the administration has set up is seemingly designed to inflict the maximum amount of suffering in a failed attempt to deter migrants:

[The] strategy has many components: tell those who want asylum to request it at ports of entry while making it nearly impossible to request asylum at ports of entry; prosecute those who present themselves to Border Patrol agents between ports of entry for “illegal entry;” separate families in numbers large (now halted by a federal judge) and small (under the flimsy pretext of protecting children from “criminal family members”); detain as long as possible those who seek asylum; lock up minors who arrive unaccompanied minors and scare away their U.S.-residing parents and relatives who want to sponsor them by threatening to arrest and detain those who come forward; and gut asylum standards by unilaterally changing the bases for deciding cases, pressuring trained Asylum Officers to reduce their high rates of deeming Central Americans as having a credible fear of return, and bullying Immigration Judges to deny cases when finally adjudicated.

Now if a pregnant migrant asserts her right to seek an abortion, this administration will go to any lengths to protect the life of the unborn child; for the already-born minors (and adults) in its custody, however, the administration cannot be bothered to ensure humane and safe conditions.

Under the Republican-majority House and Senate, rigorous oversight of the Department of Homeland Security and legislation to try to ameliorate these conditions were all but impossible. With a Democratic-majority House, this will no longer be the case. The House Judiciary Committee will be headed by Jerrold Nadler (D-N.Y.) in the new Congress. He left no doubt as to his intention to get to the bottom of the tragedy and the conditions that allowed this to occur:

On Friday, Nadler and Democrats who will head House Judiciary subcommittees sent a letter to the inspector general for the Department of Homeland Security requesting the IG “initiate an investigation into this incident, as well as CBP policies or practices that may have contributed to the child’s death [and] CBP’s failure to timely notify Congress of this incident.” The letter told the IG, “It is hard to overstate our frustration with the fact that we learned of this incident through media reports one week after the incident occurred. It is clear that CBP failed to follow the reporting requirements laid out in last year’s omnibus appropriations bill until after the news of this death was already public.”

With adequate border security and staffing, a sufficient number of immigration judges deployed to handle the caseload, reversal of the administration’s deliberately cruel policies, and effective diplomacy with and provision of assistance to the countries from which these people are fleeing for their lives, the current, intolerable situation should improve.

It’s a cruel irony that Trump has portrayed refugees as a threat to Americans. In fact, the reverse is true.

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

Rubin is right.  Part of this Administration’s cruel scheme here is to deflect attention from the real threat to our national security and Constitution presented by Trump and his corrupt, scofflaw gang. And, in the long disgraceful tradition of cowards, bullies, and authoritarians, he does so by attacking the most vulnerable and least able to defend themselves, playing on racism and nationalist jingoism.

That’s why the New Due Process Army is such an important force for protecting the human and legal rights of migrants, and by so doing, protecting the rights of all Americans against Executive abuse!

PWS

12-17=18

 

CATHERINE RAMPELL @ WASHPOST: Trump’s Immigration Restrictionism Is Destroying America, One Dumb White Nationalist Scheme At A Time! – How Racist Stupidity Is Sending “The Best & Brightest” Students Elsewhere, To Our National Detriment! — A WINNER OF THIS WEEK’S “FIVE CLOWNS” AWARD!

https://www.washingtonpost.com/opinions/one-of-americas-most-successful-exports-is-in-trouble/2018/12/13/f7234e8c-ff1b-11e8-83c0-b06139e540e5_story.html?utm_term=.9b66721395b9

Catherine writes:

One of America’s most successful exports is in trouble.

For decades, the U.S. higher-education system has been the envy of the world. We “sell” much more education to other countries than we “buy” from them; nearly three times as many foreign students are currently studying here as we have abroad.

In trade terms, this means we run a massive surplus in education — about $34 billion in 2017, according to Commerce Department data. Our educational exports are about as big as our total exports of soybeans, coal and natural gas combined.

But all that may be at risk.

A recent report from the from the Institute of International Education and the State Department found that new international student enrollments fell by 6.6 percent in the 2017-2018 school year, the second consecutive year of declines. A separate, more limited IIE survey of schools suggests that the declines continued this fall, too.

To be sure, some of the forces behind these decreases are beyond our (or President Trump’s) control. Some foreign governments, such as Brazil and Saudi Arabia, have reduced the scholarships that previously sent significant numbers of students to the United States, according to Peggy Blumenthal, senior counselor to the president at IIE.

China, whose students represent about a third of U.S. international student enrollment, has been investing in improving its own domestic university system, too.

But according to the schools that are now watching the trend, the biggest forces deterring international students are U.S. policy and U.S. culture.

“They see the headlines and they think that they’re no longer wanted in the United States,” said Lawrence Schovanec, president of Texas Tech University, whose foreign student enrollment declined by 2 percent this year. Sixty percent of schools with declining international enrollment, in fact, said that the U.S. social and political environment was a contributing factor, according to the IIE survey.

The most frequently cited issue, however, was “visa application process or visa issues/delays.” In the fall 2018 survey, 83 percent of schools named this as an issue, compared with 34 percent in fall 2016.

Problems began — but didn’t end — with Trump’s Muslim ban. Schools have seen students trapped abroad and have since advised some students not to go home before graduation lest they get stuck trying to come back. Said Bennington College President Mariko Silver, “We’ve seen individual students who have contacted us with the desire to come and have pulled out of the process.”

Boo-hoo, Trump supporters might say. What’s the big deal if some foreigners stay home?

Forget the feel-good explanations about how international students enrich the campus environment (which I don’t dispute). The students who come here also spend cold, hard cash: on tuition, travel, books, food, housing.

A lot of jobs depend on those students. American colleges and universities alone employed 3 million people in 2017. For context, that dwarfs the entire agriculture, forestry, fishing and hunting sector.

And contrary to perceptions that foreign students take spots that belong to Americans, at many schools they’re enabling more American students to get a degree.

In the years after the financial crisis, as states slashed budgets for higher education, schools helped make up the shortfall by enrolling more out-of-state and international students. These students generally pay full tuition, and their higher fees are used to cross-subsidize lower, in-state tuition rates (and scholarships) of American classmates.

No wonder that the University of Illinois at Urbana-Champaign recently paid $424,000 to insure itself against a significant drop in tuition revenue from Chinese students.

More significantly, a continued drop-off in international students could cause serious pain beyond academia.

Foreign students come here in part because they’re interested in staying after graduation and working here. They disproportionately study fields that U.S. employers demand, and that U.S. students avoid. Foreign students now represent a majority of computer science and engineering graduate programs at U.S. universities, for instance.

That talent pipeline may be drying up.

Foreigners are experiencing more visa issues not only when they apply to study but also when they apply to stay and work. That might be one reason more than half of the decline in total enrollment last year was due to fewer students from India in computer science and engineering grad programs.

Our loss has become other countries’ gain. We’re still the top destination for foreign students, but Australia and Canada have each seen their international enrollments rise by double-digit percentages in the past year. They’re enticing students in word and in deed, with messages of welcome and expedited visas.

Trump likes to say that our allies are taking advantage of us on trade. In this case, would you really blame them?

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

Yup. “Bad things happen” when countries allow themselves to be ruled by bad leaders whose policies are driven by irrational fear, racism, and nationalist jingoism.  They lose out to countries whose policies are governed by “enlightened self-interest” and a sense of belonging to a larger community.

Great job by Catherine of picking up on a “below the radar” way in which Trump is destroying America.

For its toxic mix of stupidity, xenophobia, racism, and incompetence in its policies toward nonimmigrant students, the Trump Administration earns this week’s coveted “Five Clowns Award!”

🤡🤡🤡🤡🤡

PWS

12-14-18

“Bottomless Pinocchios” — A Catalog Of The Liar-in-Chief’s Most Repeated Lies — Not Surprisingly, A Number Of Them Involve Immigration!

🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥

https://www.washingtonpost.com/classic-apps/the-false-claims-that-trump-keeps-repeating/2018/12/09/c2859d36-fc0c-11e8-862a-b6a6f3ce8199_story.html

Glenn Kessler and Joe Fox report for the Washington Post:

The Fact Checker has evaluated false statements President Trump has made repeatedly and analyzed how often he reiterates them. The claims included here – which we’re calling “Bottomless Pinocchios” – are limited to ones that he has repeated 20 times and were rated as Three or Four Pinocchios by the Fact Checker.

The Trump tax cut was the biggest in history

Trump repeated some version of this claim 123 times

Even before President Trump’s tax cut was crafted, he promised it would be the biggest in U.S. history – bigger than Ronald Reagan’s 1981 tax cut. Reagan’s tax cut amounted to 2.9 percent of the gross domestic product and none of the proposals under consideration came close to that level. Yet Trump persisted in this fiction even when the tax cut was eventually crafted to be the equivalent of 0.9 percent of GDP, making it the eighth largest tax cut in 100 years. This continues to be an all-purpose applause line in the president’s rallies. Read more

No, President Trump’s tax cut isn’t the ‘largest ever’

Overstating the size of U.S. trade deficits

Trump repeated some version of this claim 117 times

President Trump frequently overstates the size of trade deficits. But he tips into Four-Pinocchio territory with his repeated use of the word “lost” to describe a trade deficit. (Alternatively, he sometimes says China “made” or “took out” $500 billion.) Countries do not “lose” money on trade deficits. A trade deficit simply means that people in one country are buying more goods from another country than people in the second country are buying from the first country. Trade deficits are also affected by macroeconomic factors, such as currencies, economic growth, and savings and investment rates. Read more

Fact-checking Trump’s tough trade talk

The U.S. economy has never been stronger

Trump repeated some version of this claim 99 times

In June 2018, the president hit upon a new label for the U.S. economy: It was the greatest, the best or the strongest in U.S. history. The president can certainly brag about the state of the economy, but he runs into trouble when he repeatedly makes a play for the history books. By just about any important measure, the economy today is not doing as well as it did under Presidents Dwight D. Eisenhower, Lyndon B. Johnson or Bill Clinton — or Ulysses S. Grant. Read more

Is this the ‘best economy ever’?

Inflating our NATO spending

Trump repeated some version of this claim 87 times

During the presidential election, Trump consistently inflated the U.S. contribution to the North Atlantic Treaty Organization. Once he became president, his inaccuracy has persisted, but with a twist. He often claims that “billions and billions” of dollars have come into NATO because of his complaints. All that is happening is that members have increased defense spending as a share of their economies — a process that was started before Trump even announced his candidacy. Read more

President Trump’s ongoing misunderstanding of NATO funding

The U.S. has started building the wall

Trump repeated some version of this claim 86 times

President Trump has sought $25 billion to fund his long-promised wall along the southern border. But Congress has not given it to him. There was nearly $1.6 billion included in the appropriations bill he signed early in 2018 for border protection, but the legislative language was specific: None of the funds could be used for Trump’s border wall prototypes. Instead the money was restricted to fencing, and it was generally used for replacement fencing. He also frequently overstates the amount of money he has obtained for the nonexistent wall. Read more

Has construction of Trump’s border wall started?

The U.S. has the loosest immigration laws in the world — thanks to Democrats

Trump repeated some version of this claim 52 times

Trump repeatedly claims that the United States has the loosest immigration laws, but that’s simply not true. In fact, the United States has among the world’s most restrictive laws, placing it 25th among developing nations in welcoming immigrants, according to data from the Organization for Economic Cooperation and Development. The president frequently blames Democrats for the current legal system but that’s wrong, too — much of current immigration policy was decided either under a Republican president or through court cases. Read more

Is there a law that requires families to be separated at the border?

Democrats colluded with Russia during the campaign

Trump repeated some version of this claim 42 times

Throughout the special counsel’s investigation of possible ties between the Trump campaign and Russia, Trump has sought to deflect attention by asserting that the Democrats colluded with Russia. But he has little evidence to make his case, which largely rests on the fact that the firm hired by Democrats to examine Trump’s Russia ties at the same time was working to defend a Russian company in U.S. court. In fact, U.S. intelligence agencies found that Russian entities hacked Democratic leaders’ email during the campaign. Read more

Did Hillary Clinton collude with the Russians to get ‘dirt’ on Trump to feed it to the FBI?

The border wall will stop drug trafficking

Trump repeated some version of this claim 40 times

In demanding a wall on the southern border, Trump has asserted that it would stop the flow of drugs. But the Drug Enforcement Administration says that most illicit drugs enter the United States through legal ports of entry. Traffickers conceal the drugs in hidden compartments within passenger cars or hide them alongside other legal cargo in tractor-trailers and drive the illicit substances right into the United States. Meanwhile, fentanyl, a deadly synthetic opioid, can be easily ordered online, even directly from China. Read more

Will a border wall stop drugs from ‘pouring in?’

U.S. Steel is building many new plants

Trump repeated some version of this claim 37 times

This is one of Trump’s strangest claims. Since he imposed tariffs on steel, the president has repeatedly claimed that U.S. Steel was building new steel plants. Depending on his mood, the number has ranged from six to nine plants. But U.S. Steel made no such announcement. It merely stated that it would restart two blast furnaces at the company’s Granite City Works integrated plant in Illinois — one in March and the other in October, for a total of 800 jobs. The company in August also said it would upgrade a plant in Gary, Ind., but without creating any new jobs. Read more

The U.S. has spent $6 trillion (or more) on Middle East wars

Trump repeated some version of this claim 36 times

Trump started making a version of this claim shortly after taking office, first claiming $6 trillion but then quickly elevating it to $7 trillion. Trump acts as if the money has been spent, but he is referring to a study that included estimates of future obligations through 2056 for veterans’ care. The study combines data for both George W. Bush’s war in Iraq (2003) and the war in Afghanistan (2001), which is in Central/South Asia, not the Middle East. The cost of the combined wars will probably surpass $7 trillion by 2056, when interest on the debt is considered, almost four decades from now. Read more

Has the U.S. spent $7 trillion in the Middle East?

Thousands of MS-13 members have been removed from the country

Trump repeated some version of this claim 33 times

Within six months of becoming president, the president began claiming that his administration had deported thousands of members of the violent MS-13 gang. There had been a crackdown, but the count is in the hundreds. Then, he expanded the claim to say thousands had been deported or imprisoned. But there is nothing that supports these claims. For most of the country, MS-13 is not a threat; the estimated 10,000 members are concentrated in a few Hispanic communities, primarily around Long Island, Los Angeles and the Washington area. Read more

McCain’s vote was the only thing that blocked repeal of the Affordable Care Act

Trump repeated some version of this claim 30 times

Sen. John McCain (R-Ariz.) dramatically refused to advance in the Senate a limited repeal of the Affordable Care Act, but Trump has repeatedly used that vote as his all-purpose excuse for the failure to eliminate the health-care law. This oversimplifies the precarious state of Obamacare repeal at the time. The Senate version of full repeal had failed, with nine “no” votes from Republicans. Even if McCain had supported the “skinny” repeal, lawmakers still would have had to negotiate a compromise agreement and passage was not assured. Read more

Robert S. Mueller III is biased because of conflicts of interest

Trump repeated some version of this claim 30 times

Trump has often misleadingly claimed the “witch hunt” is tainted because of conflicts of interest, such as an unverified (and denied) dispute over golf fees when Mueller was a member of a Trump golf club. Eleven out of 16 attorneys on Mueller’s team have contributed to Democrats, including Clinton and Obama; 13 are registered Democrats. Under federal law, Mueller is not allowed to consider the political leanings of his staff when hiring them, but he took action against a former team member when texts expressing anti-Trump sentiments were discovered. Read more

Fact Check: Do the political preferences of Mueller’s team risk its independence?

Inflating gains from a 2017 trip to Saudi Arabia

Trump repeated some version of this claim 23 times

Trump has repeatedly inflated the gains from his 2017 trip to Saudi Arabia, upping the amount from $350 billion to $450 billion when he came under fire for defending crown prince Mohammed bin Salman. According to the CIA, Mohammed ordered the killing of Washington Post contributing columnist Jamal Khashoggi. The administration, with double-counting, could only document $270 billion in tentative agreements. Separately, Trump inflated the jobs said to be created from the purported investments. Many are in Saudi Arabia, indicating few jobs would be created for Americans. Read more

Fact Check: The Trump administration’s tally of $350 billion-plus in deals with Saudi Arabia

About this story

Source: Washington Post reporting. Reporting by Glenn Kessler, Meg Kelly, Salvador Rizzo, Michelle Ye Hee Leeand Nicole Lewis. Meg Kelly also contributed to this story.

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More bogus border narratives are unfolding as I’m writing this. Disingenuous CBP officials are manipulating data to tell the Senate that the border is out of control.

What is really happening is that kids and other asylum seekers are basically turning themselves in to be processed and get the hearings to which they are entitled.  Why? Because the Trump Administration has purposely slowed down the process at legal Ports of Entry.

Clearly, instead of wasting money on troops and unneeded detention, the Administration should be sending Asylum Officers to the border to complete the screening. Once screened, those with “credible fear” can be matched with lawyers. Represented asylum applicants show up for hearings nearly 100% of the time, thus making prolonged detention unnecessary.

Also, since it now appears that the bulk of the “artificial backlog” in Immigration Court actually was “illegally commenced” though defective notices, those cases could simply be removed from the docket. That would free up U.S. Immmigration Judges to hear asylum cases within a reasonable (6-18 month) time frame.

Where there is a will, there’s a way. Additionally, as I often point out, doing things the right, legal way would likely cost far less than the “publicity stunts” now being conducted by the Administration at the border. But, doing the right thing and making the laws work just isn’t something that Trump and his minions are interested in, as the “Bottomless Pinocchios” related above show!

PWS

12-11-18

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