👩🏽‍⚖️👨🏻‍⚖️ ⚖️🗽”JUDGES WITHOUT BORDERS” — An Innovative Open Letter Proposal For Budget-Friendly Assistance With The Humanitarian Situation At & Beyond Our Southern Border By Retired Judges Thomas E. Lister & Paul Wickham Schmidt! 

Thomas Lister
Hon. Thomas Lister
Retired Jackson County (WI) Circuit Judge
Hon. Paul Wickham Schmidt
Hon. Paul Wickham Schmidt
U.S. Immigration Judge (Ret.)
Adjunct Professor, Georgetown Law
Blogger, immigrationcourtside.com

We graduated from UW Law School in 1973. As retired judges we have been searching for ways in which individuals like us and our many retired judicial colleagues can use our unique legal skill sets to aid in addressing the humanitarian crisis at our borders. In that spirit, we propose to Congress, the Administration, and other decision-makers involved, the creation of “Judges Without Borders.” First, here is a brief summary of our respective backgrounds.

 

Paul Wickham Schmidt served as a U.S. Immigration Judge, U.S. Department of Justice (“DOJ”) in Arlington, Virginia (2003-16), after being an Appellate Judge of the Board of Immigration, Appeals (1995-2003), where he was Board Chair for six years. He authored the landmark decision: Matter of Kasinga, extending asylum protection to victims of female genital mutilation. He previously served as Acting General Counsel and Deputy General Counsel (1979-87) of the former Immigration and Naturalization Service, and was instrumental in developing the rules and procedures to implement the Immigration Reform and Control Act of 1986, as well as establishing the modern Immigration Court system in the DOJ. His experience also includes being a partner in two major law firms, Jones Day and Fragomen.

 

Paul is retired, and now is an Adjunct Professor of Law at Georgetown University Law Center. He has authored numerous articles on immigration law and speaks, lectures, and writes in forums throughout the nation on contemporary immigration issues, due process, and U.S. Immigration Court reform. He publishes the blog immigrationcourtside.com and is a member of the Round Table of Former Immigration Judges and BIA Appellate Judges.

 

I am a former district attorney, county corporation counsel, trial lawyer, and circuit court judge.  While serving as a judge, I formed a collaborative justice coordinating council, and received one of only two national multi-year grants designed to create family treatment courts, addressing not only the needs of drug and alcohol dependent individuals, but their families as well through a holistic approach and diversion programming. I worked closely with the Ho-Chunk Nation to help create its Healing to Wellness Courts. Upon retiring, I led a successful litigation effort to stop the proliferation of frac-sand mining in Wisconsin’s Driftless region, utilizing anticipatory private-nuisance doctrine.

 

For the last several years, we have sought to find ways to help those who legally seek to gain asylum in the United States. Initially we proposed an initiative whereby retired State, and Federal judges would volunteer to attend a multi-week program to become trained in the laws and procedures governing eligibility screening; then potentially, aiding the overwhelmed corps of Immigration Judges by pre-filtering hundreds of thousands of potentially meritorious asylum claims, while at the same time advising those who likely will not qualify, that they probably will, potentially after many months of detention, be deported to their native country, or a safer alternative destination. We contemplated that retired judges could also be available to take some of the routine procedural and adjudicative burdens off of Immigration Judges so that they could concentrate on adjudications such as asylum, requiring their specialized training and experience.

 

Most of those seeking asylum at our border have experienced some type of trauma in their home countries. However, because the international refugee definition that the U.S. has adopted covers only harm resulting from race, religion, nationality, political opinion, or membership in a particular social group, and the evidentiary burdens can be daunting, some of those who have been harmed or reasonably fear harm will not be able to meet the legal criteria for asylum in the U.S. In such cases, individuals will have risked their, and perhaps their family’s lives, and their limited resources on a dangerous journey to the U.S. border, that can only end in rejection, perhaps detention, prosecution, separation from family, and ultimately expulsion to their home countries or to potentially dangerous conditions in Mexico.

 

To better and more constructively address this untenable and inhumane situation, we now propose “Judges Without Borders.” This group would consist of trained volunteers with prior judicial experience who are willing to dedicate some time to the task of going into venues south of our border, as well as resettlement centers in the U.S., to meet, consider and screen those claiming a right to asylum, to assess their likelihood of success, and to address and advise them accordingly, humanely, and realistically, regarding what most probably lies ahead for them. We also see an opportunity to be of service to overwhelmed NGOs and legal services providers in the United States in screening potential asylum cases and advising those unlikely to succeed on what, if any, other options they might have in individual circumstances.

 

Ideally, our review panels would consist of three judges: one Democrat, one Republican and one Independent for a balanced, realistic, and comprehensive approach. Interviews would be held in venues that are outside the applicant’s native country, to protect potential asylum seekers from retribution. The information gathered would be confidential, so that it could not be used against the potential applicants.

 

We believe that by using the skills of retired jurists with high level practical experience in assessing legal claims, Judges Without Borders, could go a long way to relieving the swamped immigration system, providing accurate helpful information about the realities of the U.S. asylum and immigration systems so that individuals can make informed life decisions, reducing the flow of immigrants dangerously entering or attempting to enter the U.S. with false hopes, and correcting misinformation about the U.S. system provided by human smugglers and other illegal operatives who exploit the predicament of desperate individuals. Volunteer judges, who generally are on pensions or some other type of pre-existing retirement income, would serve without pay, receiving only travel food, and lodging expenses.

 

If our elected leaders really want to solve the humanitarian crisis at the border, we believe that they ultimately must consider other practical and potentially expansive reforms to deal more realistically and humanely with the realities of 21st century migration, and to constructively reform our currently dysfunctional asylum adjudication system and our legal immigration systems which were developed to deal with past realities in worldwide migration that might no longer apply. However, in the interim, we believe that everything possible, including some new, creative, budget-friendly approaches, must be used to alleviate the humanitarian crisis and unnecessary suffering (even death) at our borders.

 

We recognize that practical solutions will not be easy as there are many corporate interests profiting from private immigration detention, wall-building, river barriers, and all sorts of so-called “border, security technology,” much of which is expensive, yet ultimately ineffective in dealing with the root causes of human migration. The money saved would be better spent on honoring our nation’s solemn pledge to support our allies, with whatever it takes, for as long as it takes, while also honoring our legal and humanitarian commitments to refugees. We must remain a nation that demonstrates humanitarian leadership and can be trusted by the world, to keep our promises, particularly to some of the world’s most vulnerable humans.

 

Thank you for considering our proposal. We stand ready to help in any way possible.

 

 

Respectfully submitted,

 

 

 

Hon. (Ret.) Thomas E. Lister, J.D.

 

 

 

Hon. Paul Wickham Schmidt

U.S. Immigration Judge (Retired)

 

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Five decades after our graduation from U.W. Law, we’re still thinking “outside the box” of ways to improve our legal system. Retired American judges represent a societal investment in high-level decision-making and problem-solving! Why not keep using those talents in creative ways after regular service on the bench ends?

Unlike ramping up permanent, or even temporary, government hiring, volunteer retired judges, from all systems, are a flexible, low-cost, high-return potential resource that can be quickly deployed and adjusted, redeployed, or “un-deployed” as emergencies arise and are resolved!

We’d love to hear your views on our proposal!

🇺🇸 Due Process Forever!

PWS

12-13-23

😎🗽 PROF. ERIN BARBATO @ UW LAW WITH SOME GOOD NEWS!

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

Good morning Judge Schmidt,

I hope this email finds you well. It is already getting chilly in Wisconsin but fall is one of my favorite seasons here. In case you are interested, this is a little piece that Newsy put together about a lovely family and Ngwa, an asylum seeker from Cameroon, who became part of their family. How a Cameroonian Immigrant Was Granted Asylum in the U.S. (VIDEO) (newsy.com) I do believe there are other families like this across the country willing to welcome people. The political use of humans seeking refuge is horrifying these days.

Thank you for all you do! I appreciate you.

Erin M. Barbato
Director Immigrant Justice Clinic
University of Wisconsin Law School
975 Bascom Mall
Madison, WI 53706
(608)262-2276
She/Her/Hers

The University of Wisconsin-Madison is built on the ancestral land of the Ho-Chunk Nation. In an 1832 treaty, the Ho-Chunk were forced to cede this territory. We respect the inherent sovereignty of the Ho-Chunk Nation, along with the eleven other First Nations of Wisconsin.

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View the video at the above link! Thanks, Erin, my friend for sending this in and for all that your and your wonderful students do for humanity and for Due Process in America! Many thanks to the Swandbys and other great American families for standing by refugees in need and being role models for the best in America at a time when so many of our politicians and their followers are “modeling bad behavior and lack of fundamental values!”

It’s always good to keep in mind that many Americans do have sound values and welcome asylum seekers and other immigrants, rather than using their situation to engineer political farces at the expense of vulnerable humans who have come here seeing legal refuge and are allowed to be in the US while pursuing their claims. As I have pointed out many times, any government official truly interested in addressing migration issues would prioritize spending money for 1) representation of asylum seekers, 2) orderly relocation to places where support systems are available and asylum claims are more likely to be fairly an timely adjudicated. But, that would take a thoughtful, cooperative, governing for the common good approach rather than wasteful political stunts.

Voters in both Florida and Texas will have a chance to remove their “stuntmen” in November. Unfortunately, however, it’s not clear that will happen.

We also shouldn’t let the Biden administration “off the hook” for: 1) failing to put in place a reasonable program for resettling asylum seekers away from stressed border communities; 2) the abject failure of the Immigration Court’s asylum adjudication process which is driving much of the haphazard response to legal asylum seekers; 3) the failure to achieve meaningful reforms, training, and appropriate staffing of the USCIS Asylum Offices (even assuming that the “new asylum regulations” were the answer, the implementation has been inexcusable, inept, and ineffective, just as many experts predicted); 4) the gross failure to establish a robust, generous, realistic refugee admission system for the Western Hemisphere to process refugees for admission before they are forced to come to our borders; and 5) their overall failure of leadership on refugee and asylum issues in both the national and international arenas.

🇺🇸 Due Process Forever!

PWS

09-25-22

SENSELESS TRAGEDY: PROMINENT NY LAWYER & FEARLESS CHINA PRO-DEMOCRACY ADVOCATE JIM LI SLAIN IN OFFICE! — Disgruntled Client Arrested! — Jim Was UW Law Grad & Packer Fan

Jim Li
Jim Li, ESQUIRE
1955-2022
Human Rights Advocate
PHOTO: Jim Li & Associates

https://www.nytimes.com/2022/03/15/nyregion/jim-li-stabbing-death.html?action=click&algo=bandit-all-surfaces-time-cutoff-30_impression_cut_3_filter_new_arm_5_1&alpha=0.05&block=more_in_recirc&fellback=false&imp_id=175777447&impression_id=a3511a81-a4b5-11ec-aa2e-ab56a298a7a3&index=1&pgtype=Article&pool=more_in_pools/newyork&region=footer&req_id=757398693&surface=eos-more-in&variant=0_bandit-all-surfaces-time-cutoff-30_impression_cut_3_filter_new_arm_5_1

Jonah E. Bromwich reports for NY Times:

. . . .

Mr. Li was born on Sept. 7, 1955, in Wuhan and joined the Chinese Army at the age of 15, said his friend Mr. Zhu. He then worked as a policeman and studied at a university in Wuhan, where he focused on law. He majored in constitutional law at Beijing University, graduating in 1985. After working as a professor in Wuhan, he returned to Beijing for his doctorate, where he had a high place in the student government.

“Usually people at that level means they have a very bright future with the government and with the party,” said Jianzhong Gu, a longtime friend of Mr. Li’s. “But Jim Li was not working in that way. He had his own ideas.”

Mr. Li was a doctoral student in 1989 when the Tiananmen Square protests began with thousands demonstrating against the Chinese Communist Party, criticizing corruption and calling for democratic freedoms. He served as a legal adviser to the Beijing Workers Autonomous Federation, the key organization of workers that aligned itself with the students seeking freedom.

He was interrogated a number of times while detained at Qincheng Prison, but told friends and colleagues that he had never cooperated.

In the United States, after his studies at Columbia, he initially struggled, telling a newspaper at the time that he was unable to find work in a law firm because of his shaky English. He considered working in a restaurant.

But soon afterward, he was able to attend the law school at the University of Wisconsin, where he became a fan of the Green Bay Packers.

In New York, he helped clients gain admission to the United States and devoted himself to pro-democracy programs, his friends said. He was one of the lawyers who represented Zhou Yongjun, a student leader in the Tiananmen Square movement who was detained by the Chinese authorities in 2008 and charged with fraud. He fought against the Chinese government’s practice of using Interpol red notices to apprehend political opponents. And he worked with many clients, including Ms. Zhang, pro bono, Mr. Zhu and Mr. Lebenger said.

“He helped a lot of Chinese people who had the experience of being persecuted by the Chinese government,” Mr. Gu said.

Mr. Lebenger said that Mr. Li had hoped to do less legal work so he could devote more time to his pro-democracy activities, to reading, writing and activism. “If I did anything worthwhile, it was freeing Jim up to do more of that work,” he said.

Kirsten Noyes contributed research.

Jonah E. Bromwich covers criminal justice in New York, with a focus on the Manhattan district attorney’s office, state criminal courts in Manhattan and New York City’s jails.

During his time on Metro, Mr. Bromwich has covered investigations into former president Donald J. Trump and his family business, the fall of New York Governor Andrew M. Cuomo and the crisis at the jail complex on Rikers Island, among other topics. @jonesieman

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What a senseless tragedy! A life well and courageously lived cut short! Rest In Peace, Jim. You will be missed, but your legacy of courage, compassion, and standing up for the human rights of others will live on and continue to inspire the NDPA!

🇺🇸Due Process Forever!

PWS

03-16-21

🗽AS LAST AFGHAN REFUGEES LEAVE FT. MCCOY, WI, U.S. RESETTLEMENT SYSTEM CONTINUES TO SUFFER FROM DAMAGE INFLICTED BY TRUMP KAKISTOCRACY!☹️

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‘I don’t know what will happen’: After months at Fort McCoy, Afghan family resettled in separate states

Living 120 miles apart, family shares hopes and anxieties while navigating ‘chaotic’ resettlement process

Lamha Nabizada spent nearly six months at Fort McCoy, a 60,000-acre Army base in Monroe County, Wis., before she was relocated with part of her family to Rockville, Md. Here, she looks through the window of a hotel room on Feb. 22, 2022, during the family’s search for permanent housing. She is among 76,000 Afghans evacuated to the United States during the country’s largest resettlement operation since the Vietnam War. (Eman Mohammed for Wisconsin Watch)
By Zhen Wang February 28, 2022
Wisconsin WatchIn her final hours living at Fort McCoy, an Army base in rural Monroe County, Wisconsin, Lamha Nabizada searched for an interesting place to pose for a photo at this reporter’s request. The task wasn’t easy.“Everywhere is the same thing, same barrack,” the 27-year-old told Wisconsin Watch.Venturing outside into frigid air, she posed in front of a flagpole and gun turret.It was Feb. 6, the day before Nabizada and her 22-year-old brother Masroor would travel to Maryland — continuing a resettlement journey that began last August when the Taliban took over Afghanistan’s capital of Kabul. They were among tens of thousands airlifted from the country with passports, legal documents and little else.Nearly six months later, the siblings were among the last to leave Fort McCoy, which housed as many as 12,600 Afghans.

Lamha felt mixed emotions as she prepared to leave: hope for new opportunities and anxiety about moving to an unfamiliar place.

“I don’t know what will happen in the future,” she said.

On Feb. 15, Fort McCoy became the seventh of eight U.S. military installations to send its final evacuees to host communities. Four days later, the eighth base cleared out the last of the 76,000 total evacuees who arrived for the largest resettlement operation since the Vietnam War.

Through Feb. 23, Wisconsin had resettled about 820 of the 850 Afghan evacuees currently slated for the state, according to Bojana Zorić Martinez, director of the Wisconsin Department of Children and Families’ Bureau of Refugee Programs.

Zorić Martinez said serving so many people at once was difficult. Aside from housing, they need Social Security numbers, jobs, food and other basic items.

Evacuees are eligible to apply for benefits available to refugees, according to the federal Office of Refugee Resettlement. That includes job preparation, English language training and medical aid. They may also be eligible for other federal benefits such as Medicaid and food assistance.

Zorić Martinez said the system shrunk under Trump, who slashed the country’s refugee cap each year he was in office, which meant less money for resettlement agencies.

“We are now seeing the consequences of that,” she said.

Read the full story

 

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ZHEN WANG / WISCONSIN WATCH

zwang@wisconsinwatch.org

Zhen Wang joined Wisconsin Watch as a reporting intern in May 2021. At UW-Madison, she is pursuing a master’s degree in journalism, honing her investigative journalism skills, and preparing herself for a career in health care journalism. She previously worked for the Guardian Beijing bureau and China Daily. Before joining the journalism industry, she worked in various sectors and obtained a master’s degree in international relations in New Zealand. She speaks Chinese and is a member of Asian American Journalists Association.

More by Zhen Wang / Wisconsin Watch

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Reprinted from Wisconsin Watch under Creative Commons License. Full story available at the link. Nice reporting by Zhen Wang!

Here are some additional quotes from Zhen’s article from my good friend and NDPA superstar Professor Erin Barbato of the U.W. Law Immigration Clinic, among the many clinical teams who have “stepped up” for Afghan refugees:

“The government has to provide more resources, if we’re going to ensure that everybody has their basic needs met during this transition time, and it’s wonderful to see people in the community coming together,” said Erin Barbato, director of the Immigrant Justice Clinic at the University of Wisconsin Law School. “But that’s not going to solve the problem for everybody.”

The legal clinic is helping evacuees file for asylum and training attorneys to represent them in that process — positions that are in short supply. Barbato and other immigration experts fear some people will fall through bureaucratic cracks unless the federal government takes action to stabilize the system.
. . . .

Barbato, the UW legal clinic director, said the two-year parolee status leaves evacuees vulnerable to future deportation — a potentially deadly proposition. The U.S. asylum program last year faced a backlog of nearly 413,000 applications.

Congress has historically passed such laws to protect evacuees from U.S. military conflict zones, including in Vietnam and Iraq.

 

Echoing immigration advocates and veterans, Barbato said an Afghan Adjustment Act, which has yet to be introduced in Congress, could pave a safer, quicker path to citizenship. Lawmakers must also inject more resources into the immigration bureaucracy, she added. How these resources are allocated will shape the fate of applicants who have waited years in the queue — as well as new Afghan arrivals.

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

 

 

 

 

 

 

 

 

 

 

🇺🇸Due Process Forever!

 

PWS

o3-01-22

😎👍🏼⚖️🗽NDPA INNOVATION: Superstar Professor 🦸🏼🌟Erin Barbato & UW Law Immigration Clinic Partner With School Of Education To Help Wisconsin’s Dreamers With A Practical, Comprehensive, Interdisciplinary Approach! — Introducing The “Center For Dreamers @ UW!”

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

From the Winter 2021-22 issue of the U.W. Law Gargoyle:

https://gargoyle.law.wisc.edu/2022/01/14/center-for-dreamers-provides-holistic-support-for-daca-students/.

The UW Law School launched a new center to support Wisconsin’s DREAMers, an all-encompassing term describing individuals who have lived in the United States without official lawful status since coming to the country as a minor. The Center for DREAMers was awarded a grant through the Baldwin Wisconsin Idea Endowment, a competitive grant program that fosters public engagement and the advancement of the Wisconsin Idea.

Clinical Professor and Director of the Immigrant Justice Clinic at the Law School Erin Barbato, together with Erika Rosales of the School of Education, will lead the Center for DREAMers.

Erica Rosales
Erika Rosales
School of Education
University of Wisconsin, Madison
PHOTO: UW Law

The center will serve the approximately 11,000 DREAMers in Wisconsin, working with organizations to coordinate the provision of legal representation, mental and social services, and career and educational counseling to ease the burden of some of the uncertainty experienced by undocumented immigrants who came to the U.S. as children.

Barbato, who teaches second- and third-year law students to represent individuals in removal proceedings and with humanitarian-based immigration relief, says the center will become an important resource for the community.

“The Center for DREAMers will bring together comprehensive resources for students that have DACA in Wisconsin,” says Barbato. “Currently, no organization in Wisconsin exists that has the capacity to serve the unique educational and legal needs of DACA recipients. We hope the center will serve this population in a manner that will allow them to fulfill their potential in a state and country they call home. We are honored to have the opportunity to serve this population so they no longer have to live in fear and one day they will have equity in educational opportunities as well as citizenship.”

As a part of its community-focused approach, the center provides outreach events and support on different campus and community locations, including the South Madison Partnership. A particular focus includes outreach to DACA communities throughout the state of Wisconsin, including bi-monthly information events.

The center’s mission also aligns with the Law School’s law-in-action tradition.

“The University of Wisconsin Law School is renowned for its law-in-action approach to legal education, and the Center for DREAMers aligns with that practical approach to learning and the pursuit of equal justice,” says Dean Dan Tokaji. “We’re grateful for the Baldwin Wisconsin Idea Endowment’s support for the center and are thrilled by the opportunities this will provide for our students and the community.”

Located in the Law School’s Economic Justice Institute, the center opened in October and began providing office hours and counseling services. Clinical law students in the Immigrant Justice Clinic play an instrumental role in the center’s work, says Barbato. Under her guidance, the students provide direct representation to people with DACA in renewals and may provide representation to people with DACA who are eligible for pathways to citizenship through family, employment, or for humanitarian-based reasons.

Posted in News & NotesTagged Volume 44.1, Winter 2021-22

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Congratulations, Erin, my friend, on your continuing extraordinary leadership, creativity, and overwhelming commitment to achieving social justice in America. You are indeed an inspiring role model for America’s new generation of lawyers! So proud of what you and your colleagues are doing at my alma mater! Go Badgers!

Bucky Badger
Bucky Badger

🇺🇸Due Process Forever!

PWS

01-25-22

😢👎🏽HOW MUCH USCIS “SERVICE” DOES $575 BUY A REFUGEE? — Not Much, According To Deanna García @ “Early Arrival” — Plus Other Top News For Immigration Advocates!

Deanna Garcia
Deanna García
Immigration Journalist
PHOTO: Muckrack.com

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OCTOBER 25, 2021

Hello, this is Deanna Garcia with today’s edition of Early Arrival. You can email me at deanna.garcia@documentedny.com.

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NJ Immigrant Detainees Worried About Transfers as ICE Contracts End

📍 Documented Original

As New Jersey jails began to terminate their contracts with Immigration and Customs Enforcement, the agency has started sending immigrant detainees to other jails in the U.S., further away from their families and friends. ICE told lawyers that the agency can’t release their clients because it considers them a public safety threat, even though majority of them are imprisoned over unresolved charges for nonviolence crimes. This action indicates the power ICE has on where and how immigrant detainees are being held. “We all hoped that ICE would use its discretion to release,” said Ellen Pachnanda, the attorney in charge of the New York Immigrant Family Unity Project. “As long as ICE retains this discretion to transfer, they will transfer.” Read more at Documented.

Documented is the only newsroom that creates journalism with and for New York’s immigrant communities. This work is not easy and it is not cheap. Help us fuel this work for $10/month.

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AOC Revives Citizenship Bill for 9/11 Cleanup Crew

U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.) and two other legislators reintroduced a federal bill to put immigrants who helped clean up after the 9/11 attacks on a fast track to U.S. citizenship. The 9/11 Immigrant Worker Freedom Act is an adjusted version of a bill that former Rep. Joseph Crowley introduced in 2017, which didn’t advance to the House. New York immigrants have asked for years to obtain legal immigrant status as compensation for the work they did and health problems they’ve suffered since the attacks. Several dozens are still protesting, while others gave up on fighting. The Associated Press

New Jersey Haitian Leaders Protest Deportations

Haitian community leaders and immigrant advocates gathered outside of a federal immigration office to protest the Biden administration deporting thousands of Haitian migrants under Title 42. The group of 50 people demanded that President Joe Biden allow more Haitians to seek asylum in the U.S. “These people just want to work and find a better way of life. We’re speaking in Newark because this city is a bedrock for New Jersey’s Haitian population,” said the Rev. Jean Maurice of the New Jersey Haitian Pastors Organization. According to U.S. Census data, New Jersey has roughly 60,000 Haitian residents. North Jersey

Advocates Rally Again for Schumer to Ensure a Pathway to Citizenship

For the last few weeks, immigrant advocates have been demanding Senate Majority Leader Chuck Schumer (D-N.Y.) to work to provide a pathway to citizenship for undocumented immigrants. On Friday, that demand continued at Schumer’s Peekskill office. Immigrants and advocates said they help Democrats gain power in Washington, so now they want Schumer to work for them. “We’ve delivered that control to the Democrats, so we feel that the Democrats have to deliver the promise that they’ve made us and make sure that citizenship is being included in this year’s reconciliation package,” said Peekskill City Councilor Vanessa Agudelo. Advocates said they’re in talks with Schumer’s office and will continue the pressure. News12 the Bronx

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ICE Investigation Discovered Falsified Documents of Immigrant’s Suicide

According to Immigration and Customs Enforcement’s External Reviews and Analysis Unit, medical and security staff at Stewart Detention Center in Georgia violated several agency rules when handling Efraín Romero de la Rosa’s suicide in 2018. He was diagnosed with schizophrenia and committed suicide after being in solitary for 21 days. The review discovered staff falsified documents, poorly dealt with his medication, didn’t follow proper care procedures and improperly placed him in disciplinary solitary confinement, even though there were multiple warnings of his declining mental health. The review also lists 22 separate violations of ICE and Stewart Detention Center rules by staff during Romero de la Rosa’s four months in detention and eight separate “areas of concern.” The Intercept

Migrant Caravan Breaks Mexican National Guard Roadblock

Roughly between 3,000 and 4,000 migrants left the U.S.-Mexico border city of Tapachula on Saturday morning and headed to Mexico City. Caravan organizers say that will be their last stop while they continue to attempt to secure humanitarian permits for Haitians andCentral and North American migrants to move freely throughout Mexico. But some migrants said they plan on going to the southern border as part of their push. Videos on social media show the caravan recently ran into a Mexican National Guard roadblock and broke through it, with soldiers making no attempts to pursue or draw weapons against them. Border Report

California Hires Border Wall Contractor to Screen, Test and Vaccinate Migrants

California Gov. Gavin Newsom hired Sullivan Land Services Co. to screen, test and vaccinate migrants for COVID-19 at the border. SLSCO, based in Galveston, Texas, received a no-bid $350 million contract from California. This was the same company former President Donald Trump used to build the border wall along the border. Newsom had criticized the border wall and even pushed to file several lawsuits to halt its construction. According to a report, SLSCO staff gave COVID-19 services to about 60,000 migrants at five locations. Immigration advocates and health care leaders aren’t happy about the state’s partnership with SLSCO. KXAN

Child Allowed into U.S. for Urgent Cancer Treatment and Given Humanitarian Parole

Carlitos, a 2-year-old boy from Guatemala, was allowed to enter the U.S. from Tijuana in an ambulance. According to his attorney Hollie Webb, his story of kidnapping, expulsion, lack of access to medical care and a serious illness that without proper treatment could kill him, provided him with a rare outcome. Attorneys and doctors campaigned U.S. Customs and Border Protection officials to allow Carlitos and his mother, Ana, to cross into San Diego under a humanitarian parole to give him cancer treatment. CBP granted the request after an inquiry from The San Diego Union-Tribune. The two crossed into the U.S. Thursday evening to a hospital in San Diego. The San Diego Union-Tribune

Georgia Lawmakers Consider Immigration Solutions Amid Labor Shortages

Just like elsewhere in the U.S., Georgia is facing labor shortages as its economy recovers from the pandemic. A bipartisan group of lawmakers has been meeting to figure out how Georgia’s immigrants can help solve this problem and contribute to the state’s economy. They spoke with industry leaders and immigration advocates to learn what prevents immigrants from maximizing their participation in the workforce. According to Darlene Lynch, a representative of Georgia’s Business & Immigration Partnership, about 1 in 5 foreign-born Georgians with college degrees are either unemployed or employed in a low-wage job, which costs the state hundreds of millions of dollars in lost tax revenue per year. The Atlanta Journal-Constitution

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Biden Allowing Private Groups to Sponsor Afghan Evacuees, Small USCIS Staff Tackling Humanitarian Requests, Arizona Mayor Claims Migration Stresses Local Services

The Biden administration plans on revealing a program Monday that would let private groups sponsor Afghan evacuees and assist their resettlement in the U.S., three sources familiar with the plan told CBS News. According to a presentation describing the plan, groups of about five individuals could apply to become “sponsor circles” that would help Afghan refugees secure housing, basic necessities, financial support, legal counsel and medical services for about 90 days. This program would become an alternative to the traditional refugee resettlement process, which is overseen by nine national agencies and their local affiliates. The “Sponsor Circle Program,” a joint initiative between the Department of State and the Community Sponsorship Hub, oversees online applications from potential sponsors and helps connect them with refugees. CBS News

U.S. Citizenship and Immigration Services allocated just six employees to process roughly 14,000 humanitarian requests for Afghan evacuees seeking relocation last week, drawing condemnation from lawmakers. “That is completely and utterly unacceptable, and I call on USCIS to address the shortcoming immediately,” said Rep. Jim Langevin, (D-R.I.). As of Friday, that number jumped to close to 20,000 requests, which is 10 times more than the number of humanitarian applications submitted around the world in a typical year, said a USCIS official. In response to Langevin’s criticism, the USCIS official said the agency is assigning additional staff for the workload. VOA News

Yuma, Arizona, Mayor Douglas Nicholls (R) told a Washington, D.C. forum that the increase of undocumented immigrants is stressing health care and nonprofits that assist migrants in his town. “As these (migrant) numbers continue to increase, it’s going to be beyond their capability,” he said. “From that perspective we have real concern about our health care system holding up, our nonprofit system holding up, and even our economy.” His comments come as apprehensions of immigrants at the southern border are at their highest numbers in decades. Immigration advocates say those numbers can be misleading since they might represent one migrant who was stopped multiple times. They also argued that nonprofits were under stress due to the pandemic before immigration numbers increased in Trump’s last year in office. AZMirror

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Recently, I wrote about the heroic efforts of my friends Processor Erin Barbato and the UW Law Immigration Clinic and Professor Stephen Yale-Loehr and the Cornell Law Immigration Clinic to help Afghan refugees, including assistance filing applications for “humanitarian parole.” 

https://immigrationcourtside.com/2021/10/21/%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8e%f0%9f%97%bdmore-ndpa-news-immigration-guru-professor-stephen-yale-loehr-cornell-immigration-clinic-help-afghan-refugees-with-humanitarian-parole-requests/

https://immigrationcourtside.com/2021/10/21/%f0%9f%97%bd%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8endpa-news-amazing-practical-scholar-professor-erin-barbato-leads-uw-law-clinic-in-helping-afghan-refugees-ft-mccoy-wi/

I also questioned the unusually high $575 fee being charged by USCIS for these emergency humanitarian applications! Now, we find out that for this outrageously high fee, USCIS has assigned only a “skeletal staff” of six adjudicators to process those very predictable applications.  Undoubtedly, that will result in unnecessary backlogs and processing delays.

Ur Mendoza Jaddoul
Ur Mendoza Jaddou
Director, USCIS
PHOTO: PotomacLaw.com

These are the types of “X’s & O’s” practical problems that USCIS Director Ur Jaddou was hired to fix. So, she needs to “get on the stick” and fix this NOW!

A drastic increase in humanitarian parole applications and backlogs was totally predictable. Why is it only getting attention after it becomes a problem and draws public criticism? 

🇺🇸Due Process Forever!

PWS

10-25-21

🗽👍🏼😎NDPA NEWS: AMAZING PRACTICAL SCHOLAR PROFESSOR ERIN BARBATO LEADS UW LAW CLINIC IN HELPING AFGHAN REFUGEES @ FT. McCOY, WI!

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

Here’s Erin on PBS-Wisconsin:

https://pbswisconsin.org/news-item/legal-aid-for-afghan-refugees/

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

Thanks, Erin for all you and your students do for American justice and social justice. You and your students make me proud to be a UW Law alum!

🇺🇸Due Process Forever!

PWS

10-21-21

⚖️🗽🏆NDPA NEWS: Superstar 🌟 Clinical Prof. Erin Barbato Named Clinical Teacher Of The Year @ U.W. Law!

 

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

 

ARD, BARBATO, AND COLLINS NAMED UW LAW SCHOOL TEACHERS OF THE YEAR

Each spring, UW Law School celebrates excellence in teaching through its Teacher of the Year awards. UW Law School’s annual teaching awards demonstrate the value placed on excellent teaching. Our faculty engage and inspire UW Law students through thoughtful pedagogy, and we are proud to honor them for this important work.

The honorees for outstanding classroom, clinical and adjunct instruction in 2020 include:

  • BJ Ard, Classroom Teacher of the Year. BJ Ard is an Assistant Professor of Law whose teaching and scholarship focusing on intellectual property, privacy, and technology. Ard earned his law degree and doctorate from Yale in 2017. He joined the UW Law School in 2018.
  • Erin M. Barbato, Clinical Teacher of the Year. Barbato is the director of UW Law School’s Immigrant Justice Clinic (IJC) and a Clinical Professor of Law. In 2013, she joined the Law School as an adjunct professor with a focus on immigration law before becoming the IJC director in 2018. Under her supervision, students learn how to represent individuals in removal proceedings and with humanitarian-based immigration relief. Barbato received her law degree from Marquette University Law School in 2006.
  • Susan Collins, Adjunct Teacher of the Year. Collins teaches an introduction for estate planning and drafting. Collins earned her law degree in 1995, graduating cum laude from UW Law. Collins worked for Associated Bank as a senior vice president and fiduciary law senior counsel until 2018.

Submitted by Law School News on April 15, 2021

This article appears in the categories: Articles, Faculty

Related employee profiles: BJ Ard, Erin Barbato, Susan Collins

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

Congratulations, Erin, my friend and colleague So very proud of you and all you have achieved at my alma mater. “Badgers changing the world, for the better!”

Bucky Badger
Bucky Badger
UW Mascot

This is a “Big Deal!” As Erin tells me:

The award is based on votes and comments from students. It means a lot to me as I think it reflects that the students of UW Law recognize the importance of representing people in removal proceedings. They are future due process warriors.

Erin has been an inspirational role model for a new generation of law students, taking groups to the border to save lives, engaging in “retail level” litigation in Immigration Court that advances justice in the most meaningful way possible, and publicizing the seminal role that immigrant justice plays in social justice in America. She is also a thinker and scholar who sees due process, human rights, and racial justice issues with a clarity lacking in all too many of today’s out of touch politicians, policy makers, and judges.

Erin also was a guest lecturer in my Immigration Law & Policy course course at Georgetown Law. Her “stories and pictures from the border” brought home to my students the gross violations of human and constitutional rights going on in our dysfunctional Immigration Courts on a daily basis. 

Erin is one of the many “practical scholars” out there who should be “on the inside” at EOIR, DHS, and the Article III Courts!

Congrats again, Erin, and Due Process Forever!

PWS

04-25-21

🦁⚖️👩‍⚖️LION(ESS) OF THE LAW, FORMER WISCONSIN CHIEF JUSTICE SHIRLEY ABRAHAMSON DIES AT 87

 

Hon. Shirley Abrahamson
Hon. Shirley Abrahamson
1933-2020
Copyright holder: Shirley Abrahamson, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0>, via Wikimedia Commons

https://www.jsonline.com/story/news/politics/2020/12/20/shirley-abrahamson-longest-serving-member-wisconsin-supreme-court-dies-87/3983456001/

Patrick Marley reports for the Milwaukee Journal-Sentinel:

MADISON — Shirley Abrahamson, the first woman to serve on the Wisconsin Supreme Court and its long-time chief justice, died Saturday after being diagnosed with pancreatic cancer, her son said Sunday. She was 87.

During her four decades on the court, Abrahamson developed a national reputation as a leader in liberal judicial thought.

“Among jurists I have encountered in the United States and abroad, Shirley Abrahamson is the very best,” U.S. Supreme Court Justice Ruth Bader Ginsburg said in a 2019 video message played at a ceremony for Abrahamson.

“As lawyer, law teacher and judge, she has inspired legions to follow in her way, to strive constantly to make the legal system genuinely equal and accessible to all who dwell in our fair land,” said Ginsburg, who died this September, just three months before Abrahamson.

Democratic Gov. Patrick Lucey appointed Abrahamson to the state Supreme Court in 1976 after Chief Justice Horace Wilkie died. Abrahamson stayed on the court for 43 years, longer than anyone else in state history.

“When I joined the court, I was given a voice — a voice that I have not hesitated to use,” Abrahamson said in a 2018 statement announcing she would not seek another term the following year. “The best expression of appreciation I can give the people who have elected and repeatedly re-elected me is to continue to speak with the clarity, forthrightness and compassion that come from a life I have tried to devote to service and to justice for all.”

. . . .

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

Read the rest of the compelling story of Chief Justice Abrahamson at the link.

I had then Professor Abrahamson for Tax Law at Wisconsin Law back around 1972.  While she didn’t inspire me to become a tax lawyer, I remember her as a brilliant intellect and a formidable presence in class. A Professor whose every word you wanted to record. She also made a very complex subject understandable. That’s something I’ve always tried to do in the field of immigration.

I last saw her at a UW Law Reunion a few years ago. She was reminiscing to our group on her career and related to us how although she graduated at the top of her law school class, she had no job offers because of her gender. While I found her rise to the very top of our profession inspirational, I also felt outraged by the bias and stupidity of those who passed over such a brilliant intellect, who also had great leadership qualities, based solely on her gender. 

R.I.P. Chief  Justice. You inspired generations of us to continue the fight for social justice and equal justice for all.

I feel privileged to have had you for a teacher and role model.

On Wisconsin, and Due Process Forever!

PWS

12-20-20

NDPA SUPERSTAR ⭐️ PROFESSOR ERIN BARBATO 🦸‍♀️ ORGANIZES EVENT, SPEAKS OUT IN MADISON CAP TIMES ON ICE ABUSES IN THE “NEW AMERICAN GULAG” (“NAG”) — “We must rebuild the system from the ground up and work toward a future in which immigrants are treated with respect and dignity. Our shared humanity demands it.”

 

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

https://madison.com/ct/opinion/column/erin-m-barbato-immigrant-detention-today-relies-on-systemic-racism-and-life-threatening-policies-it/article_0b8a6c14-99bf-5aa4-bd81-30b7923d9c54.html

Last month, a nurse at a federal immigration detention center in Irwin, Georgia, filed a whistleblower complaint detailing the abhorrent treatment of people detained there. She charged that women in detention were subjected to hysterectomies and invasive gynecological exams without their knowledge or consent, and often without assistance from interpreters.

The complaint is heartbreaking, but far from surprising. These atrocities are consistent with practices employed at U.S. detention centers for decades, and they are sadly consistent with our tragic history of forced sterilization of minority women. The implications of the complaint are perfectly clear: we must end the civil detention of immigrants, so fraught with systemic racism that undervalues the lives of Black, Indigenous and other people of color. There is no other option.

With over 200 detention centers, the United States has the largest immigration detention system in the world. Immigration and Customs Enforcement (ICE) has over the past two years detained an average of 40,000 daily, an astonishing number that surpasses the population of Wisconsin cities like Brookfield and Wausau. Yet the detention of immigrants is just a microcosm of the inhumanity that characterizes our immigration system today. Many immigrants come to the U.S. to seek refuge and a better life for themselves and for their families. But when they arrive in this country, they are forced into conditions that violate human rights principles under both international and domestic standards, and that, frankly, violate our moral obligations to each other as human beings.

ICE has the authority to release most people from detention through monetary bonds or parole, and ICE policy requires that people seeking asylum are released from detention when they can establish their identity and demonstrate they are neither a danger nor a or flight risk. Instead of using these tools, though, ICE almost always chooses detention, ostensibly to deter others from coming into the country. But far from showing detention to be an effective deterrent, statistics reveal the opposite: harsher penalties have not reduced the numbers of undocumented migrants crossing U.S. borders. What the data does show is how immigrant detention has become a big business, with taxpayer dollars helping to subsidize a billion-dollar private prison industry that profits from human trauma.

Often located in remote places, immigrant detention facilities are ripe for the abuse of detained migrants. There is no community oversight and little — often no — access to legal representation. People in detention will only have an attorney if they can afford one or are lucky enough to find pro bono representation.

. . . .

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

Read the rest of Erin’s article at the link! Erin reinforces points that I make often here on Courtside: the real objectives of unnecessary and highly cost-ineffective “civil detention” are to deprive migrants of access to counsel, coerce them into abandoning potentially successful claims, punish them for exercising legal rights, and deter others from asserting legal rights.

All of these are clear violations of  Constitutional due process and equal protection!  The conditions under which these non-criminals are held to “punish” them for their audacity to assert their legal rights also violate the Eighth Amendment, as some lower Federal Court Judges have found.

Unfortunately, too many Article III Judges have abdicated their oaths to uphold the Constitutional rights of the most vulnerable persons among us in the face of improper political pressure and a regime overtly out to undo American democracy and institute a far-right reactionary, white nationalist kakistocracy.

And, here’s info on a great “virtual event” that Erin helped organize to raise awareness of the existence and devastating effects of “Baby Jails” in the U.S. Allowing  such cruel and inhuman abominations to flourish in our nation is beyond disgraceful! (See also the recent book Baby Jails: The Fight to End the Incarceration of Refugee Children in America, by my good friend and Georgetown Law colleague Professor Phil Schrag).

https://law.wisc.edu/calendar/event.php?iEventID=32578180

The Flores Exhibit: Stories of Children Held in Immigrant Detention Facilities

WHEN

Wednesday, October 14, 2020

7:30 pm to 8:30 pm

WHERE

Virtual 

EVENT DESCRIPTION

Artists, lawyers, advocates and immigrants read the sworn testimonies of young people under the age of 18, who were held in two detention facilities near the U.S./Mexico border in June 2019. Followed by a discussion with panelists. 

Organized by the Immigrant Justice Clinic, Latinx Law Student Association, and American Constitution Society at UW Law School. 

Zoom link will be sent to via email to those who register.

Registration

INTENDED AUDIENCE

Faculty, Students, Staff

EVENT CATEGORY

Speaker/Discussion

Email this event

Download for import into your calendar

« Back to the Calendar

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

I proudly note that my good friend Judge (Ret.) Jeffrey S. Chase and other distinguished members of our Round Table of Former Immigration Judges are “readers” in “The Flores Exhibit.”

I am also inspired by all that Erin has accomplished and the lives she and her students have saved through the Immigrant Justice Clinic at my alma mater, UW Law!

Erin and others like her are exactly the type of progressive, practical, scholar-problem solvers that we need as Federal Judges and in key Government policy-making positions. We need to replace the reactionary kakistocracy with a progressive, equal justice oriented, practical, problem-solving humanitarian meritocracy. 

“Equal Justice For All” isn’t just a “throwaway slogan.” It’s a vision of a better, more efficient, more effective, more tolerant, more inclusive, more diverse, more representative Government that will work with people of good faith everywhere to maximize opportunities for all and promote a brighter future for everyone in America! It’s in our power to make it happen,and the necessary change starts this Fall.

Due Process Forever!

PWS

10-12-20

THANK UW LAW: Unemployment Insurance Was The Brainchild of Two Amazing UW Law Students Who Were Also In Love — It All Began In L-1 Torts! — PLUS: The “Wisconsin Idea” Continues Today Through The Work of Professor Erin Barbato!

Michael S.Rosenwald
Michael S. Rosenwald
Enterprise Reporter
Washington Post

https://www.washingtonpost.com/history/2020/04/18/unemployment-checks-great-depression-coronavirus/h

Michael S. Rosenwald writes in the WashPost:


A line to apply for unemployment benefits in San Francisco in 1938. (Library of Congress)

A line to apply for unemployment benefits in San Francisco in 1938. (Library of Congress)

They first laid eyes on each other in torts class.

It was 1923, a period of prosperity before the Great Depression.

He was the son of Walter Rauschenbusch, a prominent theologian and key figure in the Social Gospel movement. She was the daughter of Louis Brandeis, the progressive Supreme Court justice and the most famous Jew in America. Each inherited their parents’ zeal for social justice.

At the University of Wisconsin Law School, these two idealists — Elizabeth Brandeis and Paul Raushenbush — noticed each other immediately. She was brainy and shy, her hair long and dark. He was handsome and outgoing. On hikes and canoe outings, they fell in love romantically and intellectually — a partnership instrumental in passing the nation’s first unemployment compensation law.

The story of how they did it is largely forgotten, but the 22 million people who have applied for unemployment during the coronavirus pandemic — and, of course, the millions before them — have this unlikely couple to thank. The law they conceived of and helped pass in Wisconsin laid the foundation for unemployment insurance throughout the country.

“Their story is absolutely staggering to think about right now,” said their grandson Paul Brandeis Raushenbush, a Baptist minister and senior adviser for public affairs and innovation at Interfaith Youth Core, a nonprofit organization. “It was their life’s work to make laws like this available to everyone.”

Raushenbush, who lives in New York, has spent the last few years writing a history of his family, including interviewing his father, Walter, who is 92 and lives in McLean, Va. Raushenbush was working on the unemployment insurance section as the coronavirus pandemic arrived in America.

Elizabeth Brandeis Raushenbush and Paul Raushenbush. (Courtesy of Paul Brandeis Raushenbush)
Elizabeth Brandeis Raushenbush and Paul Raushenbush. (Courtesy of Paul Brandeis Raushenbush)

As part of his research, Raushenbush has been reading a privately published book his grandparents wrote based on interviews they gave to a Columbia University oral history project. The book is the story of the legislation — where the idea came from, the characters involved, how the law was ultimately passed.

“It really reads like a novel,” Raushenbush said.

The main characters, of course, are his grandparents.

And Wisconsin.

His grandmother moved there to attend law school. She had lost her job as a researcher for the D.C. Minimum Wage Board following the Supreme Court’s ruling that the minimum wage for women was unconstitutional. Justice Brandeis, who as a lawyer and jurist was renowned for his progressive stance on social issues, did not cast a vote because of his daughter’s job.

E.B., as she was known to family and friends, wanted a career at the intersection of economics, labor and the law. She hoped to attend an elite East Coast law school, but those programs, including Harvard, where her father studied, didn’t accept women. With her father’s approval, she chose the University of Wisconsin, where the “Wisconsin Idea” — fusing academic research to solving social problems — was flourishing.

“I have no doubt that the Wisconsin Law School is good enough for your purposes,” E.B.’s father wrote to her, “and should think it probable that you would find economics instruction, and doubtless, other considerations more sympathetic there than at Yale.”

Her future husband chose Wisconsin for the same reason. There, the couple studied under professor John R. Commons, an influential social economist who crafted Wisconsin’s workers’ compensation law. Commons tried and failed several times to pass legislation protecting unemployed workers, whose numbers were soaring, especially after the stock market crash in 1929.

Paul Raushenbush signing the paperwork for the first unemployment compensation check in 1936. (Courtesy of Paul Brandeis Raushenbush)
Paul Raushenbush signing the paperwork for the first unemployment compensation check in 1936. (Courtesy of Paul Brandeis Raushenbush)

Commons took a particular interest in his graduate students, inviting them for regular dinners on Friday nights to discuss societal problems.

“I suppose the characteristic thing about Commons was that he was trying to use his brains and enlist the brains of his students in attempting solutions of economic problems,” Raushenbush said during the Columbia University oral history interviews. “This was no ivory tower guy. Sure, he did research and wrote books, but perhaps the main interest that attracted his students was that they were being invited to participate in an attempt to deal with difficult problems on an intelligent basis.”

By 1930, E.B. and her husband both were teaching economics at the University of Wisconsin. They had become friends with Philip La Follette, the local district attorney, whose parents were friends with Justice Brandeis. One day in June, La Follette invited the couple, along with another Wisconsin economist, Harold Groves, to his house in Madison.

La Follette told them he planned to run for governor, that he planned to win, and that he wanted to pass legislation instituting unemployment compensation. He asked the trio to come up with a plan.

And did they ever.

They spent the weekend hiking along the Wisconsin River batting around ideas. Their key idea — one that survives today — was that the benefits should be funded entirely by employers, thus giving them the incentive to maintain steady levels of employment or bear the cost of not doing so. The economists also decided that Groves, who grew up on a Wisconsin farm, should run for the State Assembly and introduce the legislation.

Everything clicked.


In 1932, Wisconsin Gov. Philip La Follette signs the nation’s first unemployment measure into law. Elizabeth Brandeis Raushenbush and Paul Raushenbush are second and third from the left. (Courtesy of Paul Brandeis Raushenbush)
In 1932, Wisconsin Gov. Philip La Follette signs the nation’s first unemployment measure into law. Elizabeth Brandeis Raushenbush and Paul Raushenbush are second and third from the left. (Courtesy of Paul Brandeis Raushenbush)
The first unemployment check issued in Wisconsin. (Wisconsin Historical Society)
The first unemployment check issued in Wisconsin. (Wisconsin Historical Society)

. . . .

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

Read the rest of the article in the WashPost at the link.

Scholarship, teamwork, creativity, hard work, and a healthy dose of romance produces results that are still “making a difference” today. Nice story! Beyond that, it’s an inspiring story for today’s world.

What if we had more folks like the Raushenbusches in government today? Folks looking for ways in which government could work to make the lives or ordinary working people better. Compare that with the “Trump Kakistocracy,” a bunch of self-centered incompetents mostly out to disable government, screw working folks, line their own pockets, glorify and suck up to their “Supreme Leader-Clown,” and shift blame for their mess, all while attempting to advance a destructive far-right political agenda that cares not for the public good! Then we had folks like Phil La Follette; now we have Stephen Miller!

Professor Walter Brandeis Raushenbusch, the son of Elizabeth & Paul, was on the faculty of U.W. Law when I was there from 1970-73. However, I never had him for a class. We did study the “LaFollette Era” and its contributions to President Roosevelt’s “New Deal” in several of my classes.

I believe that U.W. Law gave me a strong grounding in teamwork with my colleagues (now retired Wisconsin State Judge Thomas S. Lister was one), how to apply scholarship to achieve practical results, and solving complex problems.

Speaking with Judge Lister earlier this year during a “pre-lockdown” visit with his wife Sally to D.C., I could see how our time together at U.W. Law had a continuing profound influence on both of our careers, particularly the “judicial phases.” In our different ways, we were always striving to establish “best practices,” promote “good government,” and make the “system work better” for the public it served. Just like some of the “progressive ideas” that were interwoven with our legal education in Madison. “Teaching from the bench” was how I always thought of it. Sometimes we succeeded, other times not so much; but we were always “in there pitching,” even up to today. See, e.g., the “Lister-Schmidt Proposal” for an Auxiliary Judiciary for the U.S. Immigration Courts here: https://immigrationcourtside.com/2019/08/19/an-open-letter-proposal-from-two-uw-law-73-retired-judges-weve-spent-90-collective-years-working-to-improve-the-quality-delivery-of-justice-in-america/.   We haven’t given up on this one!

Thomas Lister
Hon. Thomas Lister
Retired Jackson County (WI) Circuit Judge

And, the “Wisconsin Idea” is still alive and thriving at U.W. Law, thanks to dedicated professors like my good friend and fellow warrior for the “New Due Process Army,” Professor Erin Barbato, Director of the U.W. Immigrant Justice Clinic. Erin uses creative scholarship, teaches practical, usable, courtroom and counseling skills, promotes teamwork, and saves “real lives” in her work with asylum seekers and other migrants. She is also a role model who is inspiring a new generation of American lawyers committed to advancing social justice and guaranteeing Due Process and fundamental fairness for all. Indeed, Erin was a guest lecturer at my Georgetown Law class and inspired my students with her courage, energy, and real life examples of “applying law to save lives!” It really made the “textbook come alive” for my students! Thanks for all you do, Erin!

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law

On Wisconsin!

On Wisconsin!
On Wisconsin!

Due Process Forever!

PWS

04-19-20

AN “OPEN LETTER PROPOSAL” FROM TWO UW LAW ‘73 RETIRED JUDGES — We’ve Spent 90+ Collective Years Working To Improve The Quality & Delivery Of Justice In America On Both The State & Federal Levels, In The Private & Public Sectors — What We’re Seeing Now Is Shocking, Heartbreaking, Inexcusable, & Unnecessary — It’s Time For Legislators & Policy Makers To Start Listening To Those Of Us With New Ideas Based On “Real Life” Experiences & Observation!

Thomas Lister
Hon. Thomas Lister
Retired Jackson County (WI) Circuit Judge
Me
Me

A CONCEPTUAL PROPOSAL FOR AN AUXILIARY IMMIGRATION JUDICIARY

 

By

 

Paul Wickham Schmidt, Retired U.S. Immigraton Judge and Former Chair, U.S. Board Of Immigration Appeals

 

&

 

Thomas Lister, Retired Wisconsin Circuit Judge

 

 

 

Drawing on our judicial expertise gained over decades of working in both Federal and State judicial system, we respectfully set forth a concept for those working in the legislative, political, legal, and judicial systems to use and further develop to promote better, fairer, and more efficient judicial decision-making and to make better use of existing and future judicial resources both in and outside the U.S. Immigration Court system.

To save time, and since neither of us purports to be a legislative draftsperson, instead of submitting a “draft bill,” or the “outline” of such a bill, we advance an idea and the conceptual and practical justifications for it for your consideration and future use in drafting actual legislation.

 

No knowledgeable individual thinks the current dysfunctional U.S. Immigration Court system can continue without imploding. Just feeding more new, permanent Immigration Judges into an unfair and broken system actually is making things worse as well as outrageously wasting our taxpayer money at a time when deficits are skyrocketing.

 

All too many newly hired Immigration Judges appear to be neither the best qualified to be judges nor, even if qualified on paper, properly trained in how to deliver “full due process with efficiency” under the immigration laws and in strict compliance with the Due Process Clause of our Constitution.

 

On the other hand, many retired judges from other Federal and State systems have proven expertise and track records that would allow a competent judicial administrator (there are, to our knowledge, NONE of these currently in DOJ or EOIR) to determine if they are suitable for emergency service and how they could best be trained to effectively and efficiently use their skills as “Auxiliary Immigration Judges” to augment the current and future Immigration Judiciary. 

 

Moreover, since most retired Federal and State judges already have adequate pensions or other means of support, asking them to volunteer to serve on the basis of limited compensation, or even just reimbursement for out of pocket expenses, would not be unreasonable.

 

We are offering this idea as a way in which those of us with lifetime legal and judicial expertise can use it to improve the delivery of justice in America; it is not intended as a means of enriching or offering alternative full-time employment to current retired judges, from any system.

 

To name just a few areas of “low hanging fruit,” we believe that:

 

      Most bonds;

      Initial “Master Calendars” (arraignments);

      Master Calendar scheduling for Individual Hearings;

      Motions Calendars;

      “Status” Calendars;

      Stipulated Final Order and Withdrawal Calendars;

      Individual Hearings on Cancellation of Removal for long-time lawful and unlawful residents;

      Uncontested Adjustments of Status and other types of equitable waivers; and

      Voluntary Departure as the sole application cases

 

have elements in common with most other types of judicial work.

 

Using Auxiliary Judges for such cases would allow those judges, from any Federal or State system, with sound work records, that is, those with impeccable reputations for fairness, professionalism, judicial efficiency, and impartiality, to handle these types of immigration adjudications with a modest amount of additional training and in close consultation and cooperation with the sitting Immigration Judges in a particular location.

 

In this respect, our emphasis would always be on aiding existing, sitting U.S. Immigration Judges, in cooperation with them and at their request, in the ways those sitting judges deem most helpful, fair, and effective.

 

It would never be on fulfilling inappropriate and unethical “production quotas,” numerical goals, or pandering to interests who want to use the judicial system to fulfill political or law enforcement objectives inconsistent with Due Process, fundamental fairness, or sound judicial administration.

 

We do not propose that “Auxiliary Judges” ever work directly for or under the supervision of non-judicial political officials as is now, disturbingly, the case in our Immigration Court System. Indeed, the current unwarranted attack on the independence and professionalism of Immigration Judges by unqualified political officials seeking to “decertify” the Immigration Judges’ professional association, the National Association of Immigration Judges, is a prime example of the type of counterproductive activity in which “Auxiliary Judges” should never be allowed to participate, in any way.

 

By contrast with the types of more straightforward judicial work described above as potential “low hanging fruit,” Asylum Cases, Withholding of Removal Cases, and applications for protection under the Convention Against Torture involve complex legal and factual issues. These are matters that should NOT be delegated to retired judges from other fields.

 

Indeed, one huge advantage of our proposal is that it would allow existing and future Immigration Judges to spend adequate time (a contested fair hearing on any of these aforementioned protection matters would take a well-trained judge 3-4 hours, minimum) on these types of cases and to receive more and better training on how to fairly and timely adjudicate, consistent with Constitutional Due Process, claims for protection under these laws and International Conventions.

 

Of course, there would be some administrative costs involved with training and maintaining a list of those willing to serve as “Auxiliary Immigration Judges.” But, they pale in relation to the costs of continuing to throw new permanent positions into a badly broken and dysfunctional system.

 

Indeed, some, such as the ABA Commission on Immigration, have observed that additional Immigration Judge hiring under current conditions has demonstrably been a waste of taxpayer money that has actually made the system worse and further impaired the delivery of Due Process to those vulnerable individuals whose lives depend on fair, professional, and efficient administration of Due Process and fundamental fairness in our Immigration Courts.

 

Sadly, we surmise that significant amounts of the “assembly line (in)justice” currently being encouraged and delivered to represented individuals in today’s Immigration Courts will eventually have to be re-adjudicated by orders of the Article III reviewing courts because of legal and/or factual errors. The only reason we don’t include unrepresented individuals in our equation is that these, unfortunately, are often “railroaded” out of our country without realistic access to the Article III Courts.

 

As lawyers with a combined 90 years of experience working in State and Federal justice systems, as prosecutors, judges, private litigators, educators, and government officials, at both the national and local level, we cannot in good conscience watch the continued deterioration of justice in the Immigration Courts while constructive ideas for improvements and efficiency and fairness are ignored or left unaddressed.

 

The concept of using retired State and Federal Judges outside the Immigration System to do certain types of cases to augment justice and relieve the incredible stress on full time Immigration Judges, in times of emergency or workload surges, without all the problems inherent in the current hiring of permanent judges by the DOJ, easily could be incorporated into one of the “Independent Article I Immigration Court” bills being advocated and advanced by groups such as the ABA, FBA, AILA, and the National Association of Immigration Judges (“NAIJ”).

 

The current system is dying before our eyes. We need to “pull out all the stops,” consider “every potential concept,” and utilize “positive professional creativity” (the antithesis of the negative energy devoted to cruel and counterproductive “gimmicks” and outright illegal actions) designed to enhance, rather than denigrate, Due Process, fundamental fairness, and judicial efficiency without sacrificing quality.

 

It is in that spirit that we respectfully request those involved in legislative reform of our Immigration Court system to consider incorporating our concept of an “Auxiliary Immigration Judiciary” into overall legislative proposals for positive reform of the Immigration Courts now being advanced by all of the leading voices in the field.

Respectfully submitted,

Thomas Lister, Middleton, WI

Paul Wickham Schmidt, Alexandria, VA

August 19, 2019

 

CALL US CRAZY, BUT . . . . THERE ARE SOLUTIONS TO THE IMMIGRATION COURT BACKLOG PROBLEM THAT WILL ENHANCE FAIRNESS & DUE PROCESS WITHOUT BREAKING THE BANK — It Just Requires Some Imagination, Initiative, & An Unswerving Commitment To Putting Due Process & Fairness First — The “Lister-Schmidt Proposal”

 

CALL US CRAZY, BUT . . . . THERE ARE SOLUTIONS TO THE IMMIGRATION COURT BACKLOG PROBLEM THAT WILL ENHANCE FAIRNESS & DUE PROCESS WITHOUT BREAKING THE BANK — It Just Requires Some Imagination, Initiative, & An Unswerving Commitment To Putting Due Process & Fairness First — The “Lister-Schmidt Proposal”

 

The other day I got a call from my good friend and UW Law classmate, retired Wisconsin State Judge Tom Lister. The conversation went something like this:

 

TOM: Schmidt, I’ve been reading about the backlog in your blog — 1.1 million cases! No way it’s going to be solved just by hiring more judges. But, hey, I’m out here living well in retirement, and I’d be happy to help out. And there are hundreds, perhaps thousands of other retired judges throughout the U.S who probably would be willing to pitch in too.

 

ME: Yeah, sounds nice Tom, but I doubt there is any money in the EOIR budget for hiring retired judges. They once claimed they would bring back some of my retired colleagues, but the program doesn’t seem to have gone anywhere.

 

TOM: I don’t need a salary. I’m willing to volunteer! Just pay my incidentals.

 

ME: Well, then there’s this thing called the Anti-Deficiency Act that prevents agencies like DOJ from accepting free services. It would take some kind of statutory waiver . . . .

 

By that time, I felt that I was retreating into just the type of bureaucratic “yes-buts” or “passive yeses” that I used to hate during my days as a bureaucrat right up until the present.

 

But, what if Congress created an independent Immigration Court free of the “bureaucratic no-nos” that plague the DOJ bureaucracy? And what if the system were run by actual sitting judges committed to using “teamwork and innovation” to solve problems, institute “best practices,” and aspire to become “the world’s best tribunals” guaranteeing fairness and Due Process for all?”

 

Maybe we’d have things like this:

 

SENIOR JUDICIAL DUE PROCESS BRIGADE

 

Retired judges of all types would be trained and available to assist the Immigration Courts in dealing with “surges,” retirement waves, changes in the law, and other “emergencies” on a volunteer basis.

 

DIVISION A: RETIRED IMMIGRATION JUDGES

 

They could be trained to handle all types of immigration cases on a volunteer “as needed” basis.  This would be very similar to the Senior Judge Corps used by other Federal Courts.

 

DIVISION B: RETIRED JUDGES FROM OUTSIDE THE IMMIGRATION BENCH

 

They could be trained to handle certain types of Immigration Court adjudications that are primarily fact-findings that would require some basic knowledge of immigration law but not the degree of specialized expertise that might be expected of a permanent Immigration Judge. Like “Division A” they would be volunteers, requiring expense reimbursement only.

 

Obvious candidates for “Division B Judges:”

 

  • Cancellation of Removal all types where basic eligibility is uncontested and the only issues are hardship and discretion;
  • Bonds where there are no statutory eligibility issues;
  • Adjustments of Status;
  • “Voluntary Departure Only” cases;
  • Master Calendars;
  • Withdrawals and other stipulated cases;
  • Status Conferences;
  • In Absentia dockets.

 

 

ASYLUM OFFICER MAGISTRATE BRIGADE

 

Put the Asylum Officers under the Immigration Courts where they can be used for a wide range of adjudications much like U.S. Magistrate Judges. This would include, but not be limited to, asylum, withholding, and CAT cases. Another obvious candidate would be certain Non-Lawful-Permanent Resident Cancellation of Removal cases.

 

Since the existing USCIS program would be folded in, the expenses of this conversion would be minimal and the possibilities for improving justice, due process, and efficiency limitless!

 

This is by no means the full extent of what could be done to improve the delivery of justice and fairness in the U.S. Immigration Courts.  But, to let the “creative juices and efficiencies flow,” it will require Congress to move the Immigration Courts out of the DOJ and create an independent court where judges are free to work as a team and with “stakeholders” to solve problems, rather than creating new ones or aggravating existing ones.

PWS

02-14-19

 

 

MILWAUKEE JOURNAL/SENTINAL: COULD THE EXPLOSIVE GROWTH OF DANE CO. WI – Where, Not Surprisingly, Diversity Is Celebrated & Innovation Welcomed – EVENTUALLY HELP RID WISCONSIN OF SCOTT WALKER AND OUR NATION OF TRUMP & GOP STRANGLEHOLD ON NATIONAL GOVERNMENT?

https://www.jsonline.com/story/news/2018/02/01/can-voting-power-fast-growing-dane-county-help-democrats-win-statewide-elections-again/1085968001/

Craig Gilbert reports:

“MADISON – Amid all the defeats and disasters Democrats have suffered in Wisconsin, there’s one spot on the map that gets brighter for them all the time.

The capital city and its suburbs comprise one of America’s premier “blue” bastions.

Dane County’s liberal tilt is nothing new.

But obscured by the Democratic Party’s statewide losses since 2010 is the rapid, relentless growth of its voting power.

Fueled by a tech boomlet, Dane is adding people at a faster rate than any county its size between Minnesota and Massachusetts.  Between 2015 and 2016, it accounted for almost 80% of Wisconsin’s net population growth and is now home to more than 530,000 people.

“It is just stunning what has happened,” said economic consultant and former university administrator David J. Ward, describing a physical transformation that includes an apartment-building spree in downtown Madison as well as Epic Systems’ giant tech campus in suburban Verona, a new-economy wonderland where more than 9,000 employees (many in their 20s) work in a chain of whimsical buildings planted in old farm fields.

What’s going on in Dane County is gradually altering the electoral math in Wisconsin. Dane has been growing about four points more Democratic with each presidential contest since 1980, while adding thousands more voters every year. As a result, it packs an ever stronger political punch. Democrats won the county’s presidential vote by a margin of roughly 20,000 votes in 1984, 50,000 votes in 1996, 90,000 votes in 2004 and almost 150,000 votes in 2016.

Mobilized against a lightning-rod Republican governor (Scott Walker) and president (Donald Trump), these voters are poised to turn out in droves for the mid-term elections this fall. Organized political groups and informal political networks proliferate here, some with deep roots, some triggered by the state’s labor and recall fights, some sparked by Bernie Sanders’ presidential run last year, some spurred by Trump’s election.

“I’ve never seen this level of political activity,” said Democrat Mark Pocan, who represents Madison and the surrounding area in Congress.

Part of an ongoing series: Wisconsin in the age of Trump.
Craig Gilbert of the Journal Sentinel is on a fellowship established through Marquette University Law School’s Lubar Center for Public Policy Research and Civic Education. The fellowship is aimed at providing support for journalism projects on issues of civic importance. All the work is done under the direction of Journal Sentinel editors.

 “Right now, as (county) clerk, I have to assume crazy turnout,” said Scott McDonell, who orders the election ballots for Dane County. “Because people are so intense about wanting to send a message.”

Dane is the embodiment of some of the Democratic Party’s rosiest national trend lines: a growing appeal to the young and college-educated and a growing dominance in prosperous metropolitan areas.

But Dane also points to the double-edged nature of that appeal. A parade of GOP victories in 2010, the 2012 recall fight, 2014 and 2016 shows that this area’s rising clout guarantees nothing for Democrats when it’s offset by deep losses in small towns and northern blue-collar battlegrounds like Green Bay and Wausau. In 2016, Dane delivered a bigger vote margin for Hillary Clinton than it did for Barack Obama, but Clinton lost the state thanks to her (and her party’s) epic collapse in rural counties.

POLITIFACT: Scott Walker’s overstated attack on governor rival Paul Soglin over business and murder in

RELATED: As dust settles, parts of political map scrambled

These two dynamics — Dane getting bigger and bluer, northern Wisconsin getting redder — are at the heart of the battle for Wisconsin.

Some strategists in both parties believe the two are at least partly connected; that Democrats’ increasing reliance on Madison (and Milwaukee, the party’s other anchor) makes it harder for them to compete for more conservative blue-collar and rural voters.

When Madison Mayor Paul Soglin joined the vast Democratic field for governor last month, Walker immediately played the “Madison” card.

“The last thing we need is more Madison in our lives,” said Walker on Twitter, saying “businesses have left and murders have gone up.”

RELATED: Scott Walker amasses $4 million campaign war chest, dwarfing Dem rivals in Wisconsin governor’s race

Democrats scoffed at Walker’s grim portrayal of the city and accused him of beating up on a place that embodies the economic success he covets for the state.

The episode set off a round of feuding over whether Madison is a damaging symbol for Democrats because of its left-wing image or an increasingly attractive one because of its economic vigor.

“We’re obviously doing something right and a lot better than the way (Walker) is doing it for the rest of the state. And it’s not because we’re the home of the state university and it’s not because of state government, because he has spent the better part of the last seven years strangling them,” said Soglin in an interview, arguing that his city represents a growth model of investing in education and quality of life and “creating a great place where people want to be.” (He contrasted it to the use of massive subsidies to bring FoxConn to Wisconsin).

Dane County Executive Joe Parisi, who also bristled at Walker’s tweet, pointed to the state’s new ad campaign to draw millennials from Chicago, noting the Madison area is the one place in Wisconsin attracting that age group in significant numbers. (Many of Epic’s employees settle in downtown Madison and take a dedicated bus every day to the Verona campus.)

RELATED: Wisconsin seeks to lure young Chicagoans to Badger State

“Guess where millennials want to live? In communities that are tolerant, that invest in quality of life, that care about their environment, that provide recreational opportunities for them, a thriving downtown — everything Dane County has. We’ve worked on that,” Parisi said.

In a statement for this story, Walker political spokesman Brian Reisinger said that contrary to what his opponents say, the governor isn’t anti-Madison.

“The governor believes there are good people in Madison, like everywhere else in Wisconsin. But that doesn’t change the harm of a liberal governing philosophy that pits those hard-working families against their best interests. The governor enjoys a Badger game as much as anyone — the point is, Madison would be much better off if it had lower taxes and a better business environment, like the rest of Wisconsin does under his leadership.”

“It was liberal Madison politicians who gave us big budget deficits, massive tax increases, and record job loss,” Reisinger said.

But if the story of Madison figures in the campaign debate this year, the conversation could be awkward for both sides.

Walker is faced with the inconvenient fact that Wisconsin’s fastest-growing county is a place Republicans love to put down and where his party could hardly be less popular.  National studies and stories in recent years have singled out Madison as an emerging technology hub for health care, life sciences, even gaming — much of the growth rooted in the University of Wisconsin and its myriad research centers. Madison routinely makes “best cities” lists. Nonstop flights to San Francisco are starting this summer, a sign of its tech growth. Dane has added far more private-sector jobs than any other Wisconsin county since Walker took office. And in a state where more people are moving out than moving in, it has experienced a net in-migration of more than 20,000 since 2010. No other county in the state is close.

You could argue that the tech-fueled expansion in greater Madison is the state’s brightest economic story, and Epic, the health care software firm that has been adding almost 1,000 employees annually, its brightest business story. But Walker, an aggressive cheerleader for Wisconsin’s economy, has not mentioned either in his eight  “state of the state” speeches.

Meanwhile, this area’s prosperity creates its own “messaging” challenge for Democrats, who are painfully aware that “Madison” comes with baggage for some Wisconsinites, whether they see it as a symbol of government or left-wing politics or intellectual elitism or urban culture.

“It’s all of that combined, which in my mind is why it’s so powerful. It’s whatever part of it irks people,” said UW-Madison political scientist Kathy Cramer, who chronicled perceptions of the state’s capital in her book, “The Politics of Resentment,” about rural attitudes toward cities and their effect on politics.

Economics may be adding another wrinkle to this dynamic. Cramer said that Madison’s relative prosperity has the potential to provoke either “pride” or “resentment” elsewhere in the state.

Zach Brandon, a Democrat and head of the Greater Madison Chamber of Commerce, laments Madison-bashing, but said, “Madison, too, has to make sure it’s telling a story that doesn’t separate us from the rest of Wisconsin.”

Thanks to Trump’s election, Walker’s victories and even the attention Cramer’s book has received here and nationally, voters and activists here seem more sensitive than ever to their cultural and political distance from some parts of the state and how that can influence elections.

“You get up in these others parts (of) Wisconsin and they don’t like Madison people,” said Ronald Stucki, a Democratic voter in Dane County,  who was interviewed as he spoke to a party volunteer canvassing in the city last month.

Some Madison progressives said they hoped Democrats don’t nominate someone from Madison against Walker because they feared it would make it harder to win votes elsewhere. The party’s very crowded field includes several Madison candidates, and the Democratic U.S. senator on the 2018 ballot, Tammy Baldwin, is from Madison.

(The actual history of Madison Democrats in big statewide races isn’t a bad one at all:  winners include Baldwin for Senate in 2012, Russ Feingold for Senate in 1992, 1998 and 2004, and Jim Doyle for governor in 2002 and 2006; losers include Feingold for Senate in 2010 and 2016 and Mary Burke for governor in 2014.)

There is no way to really measure whether, or how much, the Democratic Party’s growing reliance on Madison and Milwaukee has contributed to the party’s struggles elsewhere in the state. Both trends are part of a growing partisan divide nationally between cities and small towns and between college grads and blue-collar voters.

In private conversations, GOP strategists differ over how to view the inexorable growth in Dane’s voting power. Some say it puts Democrats in a political box, dragging them further to left and out of touch with “average” voters. They also note that it’s little use to Democrats in legislative races since that vote is so concentrated geographically.

But some in the GOP are troubled by the trend lines. While many rural Republican counties are losing population, the bluest part of the state is growing the fastest — and still getting bluer. Even the burgeoning suburbs outside Madison have shifted sharply Democratic.

For many years, the Republican answer to Dane was Waukesha County, the big, ultra-red, high-turnout suburban county west of Milwaukee. But Dane has been adding more jobs and more voters than Waukesha County for many years. Since 2010, it has added five times as many people as Waukesha County. In fact, Dane’s combination of size, one-party dominance, growth and extreme turnout has few analogs anywhere in the U.S. And while Wisconsin’s rural voters have a history of swinging, the unflagging expansion of the Democrat vote around Madison is the most enduring trend anywhere on the Wisconsin political map.

What does that mean for elections beyond 2018?

Craig Gilbert talks about his Lubar Fellowship analyzing Wisconsin in the age of Trump. Mike De Sisti, Milwaukee Journal Sentinel

Here is how pollster Charles Franklin of the Marquette Law School quantified Dane’s trajectory: based on a nearly 40-year trend line in presidential voting, the Democratic Party’s winning margin in Dane County is growing by more than 15,000 votes every four years. That’s bigger than the winning margin in two of the state’s past five presidential contests.

Here is another way to measure it:

Back in 1980, Dane County accounted for 7% of the statewide vote and gave Democrats a 17-point advantage. When you multiply those two numbers together, it means Dane boosted the party’s statewide performance by a little more than one point. Its “value” to Democrats has quintupled since then. In 2016, Dane accounted for more than 10% of the statewide vote and voted Democratic by almost 50 points. Multiply those numbers together, and it means Dane boosted the party’s statewide performance by 5 points.

In their Wisconsin victories, Walker and Trump overcame this trend by making their own deep inroads elsewhere. But as long as it keeps getting bluer and growing faster, Dane County may become harder for Republicans to neutralize.

Craig Gilbert is reporting an ongoing series on the shifting political landscape in Wisconsin after the state helped propel Donald Trump to the White House.

 

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

Energizing, registering, and “getting out the vote” are critically important. The “will of the real majority” across the country is what the GOP really fears! And, that’s what didn’t prevail in 2016! That’s why the GOP is so dedicated to voter suppression and gerrymandering! And skewing the census data against ethnic minorities and Democrat-leaning jurisdictions is high on the Trump/Sessions “suppression of democracy” agenda.

Here’s a sense of “deja vu.” When I was at U.W. Law School in the early 1970s, now Madison (and Dem Governor hopeful) Mayor Paul Soglin was one of my classmates. He actually sat in front of me in Environmental Law, although he seldom actually made a physical appearance. That’s probably because he was busy being the “Boy Wonder” progressive City Councilman who eventually ousted Madison’s arch-conservative GOP Mayor and became the “Boy Mayor” while Cathy and I were still living on Madison’s East Side.

After being out of office for a while, he made a “comeback” and is now Mayor of “MAD-CITY” again! Not a “Boy Wonder” any more. But, still “stirring up the pot.”

PWS

02-02-18

 

READ (RETIRED) JUDGE THOMAS LISTER’S “Personal pledge for planetary peace!”

http://lacrossetribune.com/opinion/columnists/article_424899f4-67e5-59b6-92dc-dc9e41c8e67a.html

Judge Lister writes in the LaCrosse (WI) Tribune:

“Our planet is beset with war, terror, hunger, disease, poverty and environmental degradation which must end soon if future generations are to survive and progress.

Perpetuating hatred, ignorance, bias, prejudice, selfishness, greed, fear, extremism, jealousy and misunderstanding from generation to generation perpetuates the world’s differences, disasters, degradations and difficulties.

Without an immediate, dramatic change of direction individually and collectively, our human race will come to where we are presently — and suicidally

— headed.

I and many others doubt whether individual actions or reactions to the planet’s universal problems can or will make any difference.

I personally pledge that I will forever peacefully condemn, resist and denounce killing, terror, war, crime, prejudice, vengeance and the loss or limitation of basic human rights – including, but not limited to:

  • The right to adequate food, shelter, clean water, clean air and clothing.
  • The right to health care.
  • The right to education.
  • The right to work for a living.
  • The right to worship one’s highest spirit and/or creator.
  • The right to a homeland free of challenge or aggression.

I will work to promote remedial action by those who have too much in favor of those who have too little; and, by those who can offer aid to those who need help.

I will not tolerate — without my active peaceful protest and, where necessary my peaceful civil disobedience — any government action that violates these covenants.

I support one planetary, plenary police power, consisting of fair representation from all nations, which will enforce the principles of universal law and peace through a multinational force governed by the United Nations.

I support one World Court, representative of all nations, to interpret and administer its universal rights and laws and principles.

I support a renewed and more responsible United Nations, free of veto power vested in any single nation or select group of nations.

Any declaration of war implied by any nation, government, individual or organized entity, other than the United Nations, shall be a declaration against all earth’s people; and, I will oppose any such aggressor.

I will look anew at earth’s environmental status as well as my own in light of the damage humankind has wrought; and, I will endeavor to waste no resource, to conserve energy and prevent pollution of air, water and soil. I will try to use no more energy than is necessary to support my family.

I will teach my children and grandchildren principles of universal tolerance, love, equality, understanding, compassion, sympathy, empathy and freedom. I will teach the lessons of history and world events that have led us to this perilous time. This promotion of universal principles has become so necessary to the survival of humankind and the preservation of our earth.

I pledge to end the exposure of children to violence, including that portrayed in the media and I will also reject such portrayals myself.

I will pray for all those who are asked to understand this simultaneous planet-wide denouncement of violence and killing and vengeance even though they and their loved ones have been brutalized and victimized; and, I will promote the message that we must altogether say “enough” to violence, terror and killing. I believe earth’s present generations must agree to forgive terrible past and present wrongs and forego future wrongs and revenge.

I will respect and work to protect human differences in religion, culture, color, nationality, language, gender, age, ethnicity and political beliefs.

This dramatic and immediate change, so essential to preserving the planet and its people, will not come about through slow generational purging of the problems and prejudices that plague our earth.

We must act together to adopt sweeping, global change that will provide all people with the ultimate promise and hope, that we can together act to change tomorrow. I pledge to act responsively and responsibly to achieve this end.

I support a general amnesty for those who have engaged in conflict, so long as they terminate armed conflict and lay down their arms forever.

We must redirect worldwide economic resources from weapons and armies, fear and terror, to provide world sustenance, health, universal education and other basic human rights and needs for all. I will work for the preservation of the earth’s natural resources and development of clean renewable alternative energy to sustain future life on the planet.

I will urge others to take this pledge including my governmental representatives at all levels, my religious leaders, my nation’s military leaders, educational leaders and corporate leaders.

If we support these changes, there can and will be peace on earth and preservation of our planet and protection and perpetuation with dignity for humankind.

Thomas Lister is a trial lawyer, former Jackson County district attorney and circuit court judge. He is retiring from Fitzpatrick Skemp & Associates, La Crosse.

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

Judge Thomas “Tom” Lister and I were members of the Class of 1973 at the University of Wisconsin School of Law. (No Orange Bowl — or indeed any Bowl — victories in those days — we were happy if the Badger Football team won a game. But, we faithfully attended the games in the “law student section” and the “fifth quarter” afterward!) Indeed, Tom, his wonderful wife Sally, my wife Cathy, and I were very close friends throughout those three years and have remained in touch ever since. Tom and I were members of the same “study group.”

Like me, Tom has seen the U.S. legal system from a number of different vantage points — as a prosecutor, a judge, and a private practitioner. Several years ago at our 40th UW Law Reunion we had an interesting discussion of the failures of the traditional law enforcement approach to drug and opioid use, a particular problem not only in Northern Virginia but in the largely rural Jackson Country Wisconsin where Tom was a Circuit Judge and, some years prior to that, the District Attorney.

I find Tom’s words and thoughts inspiring, particularly at a time when the level of political and intellectual discourse in our country is often quite the opposite, to say the least. I particularly appreciate his message about tolerance and the recognition of basic universal human rights — a subject which has concerned me throughout my legal career.

PWS

01-04-18