CRISTIAN FARIAS @ NEW YORK MAGGIE – THE HISTORY OF PROSECUTORIAL DISCRETION IN IMMIGRATION GOING ALL THE WAY BACK TO THE “BERNSEN MEMO” – WHY, CONTRARY TO SESSIONS & THE RESTRICTIONISTS, IT IS A SOUND LEGAL CONCEPT – AND WHY THE SUPREMES SHOULD STAY OUT OF THE DACA ISSUE IN THE LOWER COURTS! – PLUS BONUS TRIVIA! – “Who REALLY wrote that four decades old memo?

http://nymag.com/daily/intelligencer/2018/02/scotus-would-be-crazy-to-jump-into-the-daca-dispute.html

Cristian writes:

“The earliest, highest-profile critic of granting an executive reprieve to Dreamers was none other than Justice Antonin Scalia. The plight of young immigrants brought to the United States as children was not something the Supreme Court was concerned with in 2012, but the late justice somehow felt the need to protest, in open court, President Obama’s then weeks-old decision to not deport them for humanitarian reasons. “The president has said that the new program is, quote, the right thing to do, close quote, in light of Congress’ failure to pass the administration’s proposed revision of the immigration laws,” he said as he read from a summary of his partial dissent in Arizona v. United States. That case and decision had nothing to do with Dreamers.

Maybe Scalia’s real qualm was with the sitting president and not the recipients of the Deferred Action for Childhood Arrivals program, better known as DACA. But his broader point, which a Supreme Court majority rejected, was that states should have leeway in enforcing federal immigration laws, since they — and not undocumented immigrants — face the “human realities” of a broken immigration system. The citizens of border states like Arizona “feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy,” Scalia complained. Somewhere, a future President Trump may have been taking notes.

More than five years since that screed, the Supreme Court could soon get a chance to judge the propriety, if not the legality, of Trump’s decision last September to pull the plug on DACA. A federal judge in California in January ordered the reinstatement of the program, reasoning that its rescission rested on a “flawed legal premise” — namely, Jeff Sessions’s paper-thin conclusion that DACA was illegal the moment it was conceived. The judge also rejected as “spin” and “post-hoc rationalization” the Trump administration’s contention that DACA was vulnerable to a legal challenge by Texas and other states, which had threatened Sessions with a lawsuit if he didn’t kill the initiative outright. “The agency action was not in accordance with law because it was based on the flawed legal premise that the agency lacked authority to implement DACA,” wrote the judge, William Alsup, in a ruling that effectively brought DACA back from the dead. Days later, the administration began accepting renewal applications as if the rollback had never happened.

Legal scholars weren’t impressed with the ruling. And Sessions, not one to give up on Trump’s anti-immigrant crusade, then took the “rare step” of appealing Alsup’s decision directly to the Supreme Court — and why not? The Ninth Circuit, Trump’s least favorite appeals court, is unruly, liberal, and anti-Trump, anyway; leapfrogging it seemed the smart thing to do. What’s more, Sessions wanted the justices to act expeditiously — his solicitor general filed an additional request to decide the case before the end of June. Not doing so, he suggested, would be the same as blessing “indefinitely an ongoing violation of federal law being committed by nearly 700,000 aliens.” So much for Trump’s wish to treat Dreamers “with heart.” There was only one problem: The Supreme Court rarely, if ever, lets anyone skip over the regular appeals process. And if Sessions is in such a hurry, why didn’t the administration seek to block Alsup’s ruling rather than comply with it? Last Friday, a coalition that includes the University of California, several states, a local chapter of the SEIU, and a number of Dreamers told the Supreme Court to reject the Trump administration’s request to hear the case. The DACA mess, this alliance broadly contended, is Trump’s and Congress’s to own, and the justices shouldn’t be the ones fixing it, at least not with the urgency Sessions is demanding.

. . . .

The principle of prosecutorial discretion, which is what holds DACA together, was never once discussed by Sessions when he announced the wind-down of DACA. He didn’t even try. Prosecutorial discretion wasn’t some novelty that Napolitano came up with at the time, let alone a quirk of immigration law. In a path-breaking memorandum written some 40 years ago, Sam Bernsen, the general counsel of the now-defunct Immigration and Naturalization Service, advised the agency’s commissioner that the “ultimate source for the exercise of prosecutorial discretion” lies with the inherent powers of the presidency. “Under Article II, Section 1 of the Constitution, the executive power is vested in the President,” Bernsen wrote in what is believed to be the first in a long string of government memos justifying prosecutorial discretion in the immigration realm. “Article II, Section 3, states that the President ‘shall take care that the laws be faithfully executed.’” Ironically, conservatives would later seize on this “take care” language to argue breathlessly that Obama’s immigration actions were an affront to the constitutional text, but no judge took that argument seriously.

Far and wide, executive officers enjoy similar discretion to enforce the law. From the president down to a lowly street cop, every law enforcer, state or federal, exercises some form of prosecutorial discretion over the laws they’re entrusted to oversee. It’s the reason you don’t always get ticketed for jaywalking or pulled over for doing 65 on a 55, even in instances where you happen to do those things in full view of the police: The government has ample discretion to not go after you if it feels you’re a low-priority lawbreaker. Maybe the 75-miles-per-hour driver is the bigger fish. Whichever the case, the decision is, by and large, unchallengeable. “Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all,” wrote Justice Anthony Kennedy in the same immigration ruling that Scalia assailed in 2012. “Discretion in the enforcement of immigration law embraces immediate human concerns,” he added.

Kirstjen Nielsen, the new DHS secretary, and Trump himself have all but conceded the point in recent weeks. In an interview with CBS’s John Dickerson, Nielsen said that it’s “not the policy of DHS” to go after Dreamers who are DACA recipients, even if the current legislative talks fail and the program isn’t renewed. “It’s not going to be a priority of the Immigration and Customs Enforcement to prioritize their removal,” Nielsen clarified, directly contradicting the Department of Justice’s position on DACA before the Supreme Court. (Dreamers and immigration advocates know better than to trust Nielsen’s assurances.) Asked last month if he might extend the arbitrary March 5 end date of the DACA rollback process — which is no longer the end date as a result of Judge Alsup’s ruling — Trump spoke as if he never truly believed, like Sessions did, that deferred action was unlawful: “I certainly have the right to do that if I want.”

In this climate, and with Trump still fielding immigration offers as Congress faces yet another deadline to fund the government, the Supreme Court would be crazy to jump into the DACA controversy. “I think for the Supreme Court to reach down to a district court decision and not allow the normal appellate process to proceed would necessarily, under the circumstances, involve or indicate that the Supreme Court is signaling its involvement in a deeply political matter,” Napolitano told me. Scalia may have felt comfortable criticizing policy choices from the bench, but that doesn’t mean Chief Justice John Roberts and his colleagues have to take the bait. For their own peace of mind and that of Dreamers, the Court is better off staying as far away as possible, and letting Trump take care of the laws that give him broad authority to spare young undocumented immigrants if he really wants to.”

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Read the rest of Cristian’s analysis, including his detailed interview with former DHS Secretary Janet Napolitano, now President of the University of California System and a plaintiff in the District Court case, over at New York at the above link.

SPECIAL BONUS:

From the “archives” here’s a copy of the famous “Bernsen Memo” of July 15, 1976:

Bernsen Memo service-exercise-pd

YOUR TOSSUP IMMIGRATION TRIVIA QUESTION OF THE DAY:

Who actually wrote the “Bernsen Memo?”  

(Hint: Look at the bottom of the last page.)

TAL @ CNN: GRAHAM “PESSIMISTIC” ON LONG-TERM IMMIGRATION DEAL!

Tal reports:

“Graham: ‘Increasingly pessimistic on immigration’
Tal Kopan
By Tal Kopan, CNN
Updated 4:54 PM ET, Tue February 6, 2018
lindsey graham card

Sen. Graham: We don’t need $25B for a wall 01:22
Washington (CNN)One of the strongest advocates for a deal on the Deferred Action for Childhood Arrivals policy in the Senate says he is “increasingly pessimistic” that Congress will pass a fix beyond a short-term “punt.”

South Carolina Sen. Lindsey Graham told reporters on Capitol Hill on Tuesday, leaving a meeting of the Republican conference, that he now believes only a one- or two-year extension of the DACA program, which protects young undocumented immigrants who came to the US as children, is likely.
McConnell holds all the cards on next week's immigration debate, and he's not tipping his hand
McConnell holds all the cards on next week’s immigration debate, and he’s not tipping his hand
The dire prediction came from a longtime advocate of immigration reform who has been one of the strongest supporters of getting a permanent solution to DACA — and who had a confrontation with President Donald Trump about vulgar comments the President made in rejecting a bipartisan compromise Graham negotiated.
“I’m becoming increasingly pessimistic about immigration,” Graham said. “I don’t think we’re going to do a whole lot beyond something like the BRIDGE Act, which would be extend DACA for a year or two, and some border security. It’s just too many moving parts.”
Graham’s comments came before said on Tuesday he supports a government shutdown if Democrats won’t agree to tighten immigration laws, undercutting ongoing bipartisan negotiations on Capitol Hill.
Graham, who has also been a part of bipartisan Senate meetings that are seeking a compromise and who helped convince Senate Majority Leader Mitch McConnell to promise to bring immigration to the floor in a “fair” process next week, called that option unsatisfactory but likely.
“That will be a punt, that will not be winning for the country, but that’s most likely where we’re going to go,” Graham said.”

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

Read the rest of Tal’s report at the above link.

PWS

02-06-18

WASHPOST WONKBLOG: THE REAL STAKES IN THE TRUMP GOP RESTRICTIONIST IMMIGRATION PROPOSAL – AN ADDITIONAL 1-5 YEARS OF WHITE SUPREMACY! — “By greatly slashing the number of Hispanic and black African immigrants entering America, this proposal would reshape the future United States. Decades ahead, many fewer of us would be nonwhite or have nonwhite people in our families.”

https://www.washingtonpost.com/news/wonk/wp/2018/02/06/trump-immigration-plan-could-keep-whites-in-u-s-majority-for-up-to-five-more-years/?hpid=hp_rhp-top-table-main_wonk-trumpimmigration-1215pm%3Ahomepage%2Fstory&utm_term=.39256eab8ac1

“President Trump’s proposal to cut legal immigration rates would delay the date that white Americans become a minority of the population by as few as one or as many as five additional years, according to an analysis by The Washington Post.

The plan, released by the White House last month, would scale back a program that allows people residing in the United States to sponsor family members living abroad for green cards, and would eliminate the “diversity visa program” that benefits immigrants in countries with historically low levels of migration to the United States. Together, the changes would disproportionately affect immigrants from Latin America and Africa.

The Census Bureau projects that minority groups will outnumber non-Hispanic whites in the United States in 2044. The Post’s analysis projects that, were Trump’s plan to be carried out, the date would be between 2045 and 2049, depending on how parts of it are implemented.

(The Post’s methodology for estimating the annual impact of Trump’s proposed cuts is explained in more detail at the bottom of this story. Projecting this far into the future entails certain assumptions that could alter the range, but demographic experts said The Post’s approach was reasonable.)

All told, the proposal could cut off entry for more than 20 million legal immigrants over the next four decades. The change could have profound effects on the size of the U.S. population and its composition, altering projections for economic growth and the age of the nation’s workforce, as well as shaping its politics and culture, demographers and immigration experts say.

“By greatly slashing the number of Hispanic and black African immigrants entering America, this proposal would reshape the future United States. Decades ahead, many fewer of us would be nonwhite or have nonwhite people in our families,” said Michael Clemens, an economist at the Center for Global Development, a think tank that has been critical of the proposal. “Selectively blocking immigrant groups changes who America is. This is the biggest attempt in a century to do that.”

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

Read the complete article, along with supporting “wonkie” stats, at the above link.

Yup! It is, and probably always has been, about White Nationalism and racism! Trump and his gang have just made it “fashionable” to be overtly racist again.

And, make no mistake about it, the REAL targets here are African American and Latino American citizens —  immigrants are just a subterfuge. After all, if African Americans and Latinos were “good for America” why wouldn’t we want more of them and their families?

No, as Trumpie let on in his White House debacle, it’s all about trying (futilely) to make America “more White like Norway.” “Making America Great Again”  is not so subtile “code language” for “Making America White Again.” Trump and his restrictionist cronies and misguided followers are not good for the future of America, or for the world.

PWS

02-06-18

GONZO’S WORLD: NO DEFENSE! – SESSIONS MIA AS TRUMP AND GOP ATTACK INTEGRITY OF DOJ!

https://www.newsmax.com/politics/attorney-general-department-of-justice-the-new-york-times-doj/2018/02/05/id/841477/

Brian Freeman reports for Newsmax:

“Even as President Donald Trump has led the most prolonged and public attack on the Justice Department in history, Attorney General Jeff Sessions has broken a long tradition of those in his position of protecting the institution from such interference by remaining largely silent, The New York Times reported Monday.

“What is unusual is the FBI and the Justice Department being attacked, the president leading the charge and the attorney general missing in action,” said Harvard Law Prof. Jack Goldsmith, who headed the Justice Department’s Office of Legal Counsel under President Geoerge W. Bush. “Why isn’t he sticking up for the department?”

Many prosecutors say Sessions’ tepid response is deflating morale among department employees and has increased fears prosecutors cannot depend on protection from political interference.

“Attorneys general swear an oath to protect and defend the Constitution, not the president,” said Matthew Axelrod, a former Justice Department official who is a partner at Linklaters. “Institutions like the DOJ rely on their leaders to be a voice that defends them. It’s critically important to this institution that its leadership have its back.”

Although the Business Insider reported Sessions did praise his second-in-command Rod Rosenstein hours before the disputed Devin Nunes memo was released Friday by saying he represents “the kind of quality and leadership we want in the department” and he had “great confidence in the men and women of this department,” many commentators said that backing was quite meager when he added, “But no department is perfect.”

One such previous example often cited of far more courageous and strong backing is when ailing attorney general John Ashcroft from his hospital bed allowed his acting replacement, James Comey, to defy the Bush administration over a surveillance program that Justice Department lawyers had called unconstitutional.

Sessions, who has been heavily and publicly criticized by Trump in the past year, declined to comment to the Times.

“Sessions’ silence is evidence that Trump’s public neutering of anyone close to this investigation is working,” said Paul Pelletier, a Democratic candidate for Congress in Virginia who was a long-time federal prosecutor. “It is deleterious to the whole criminal justice process.”

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

The law enforcement community might have thought that they were getting a strong defender/advocate in the right-winger Sessions. After all, he’s out to bust those recreational legalized marijuana users and hard-working maids and janitors who have been in the U.S. without documents for decades waiting for the immigration reform that never came because he helped block it in the Senate.

But, what they actually got was a disingenuous “Gonzo Apocalypto” White Nationalist interested primarily in advancing his racially inspired agenda at the expense of the U.S. justice system and anyone who might stand in the way. Oh yeah, and a guy who is also very interested in “covering his own tail.” That’s why he didn’t hesitate to hire DC Lawyer Chuck Cooper to defend him once his continuing “memory lapses” came to light in the Russia investigation and things started “hitting the fan.”

A guy with no time for the rights of African-Americans Latinos, Immigrants, LGBTQ Americans, women, or apparently his subordinates and employees at the DOJ seems to have an excellent sense of his own rights and self-preservation. And, he isn’t so silent when it comes to an opportunity for slandering and diminishing the achievements of DACA recipients, Immigrants, sanctuary cities, asylum seekers, or people of color who are supposed to be entitled to justice and protection from his more or less “Whites only” DOJ.

PWS

02-06-18

 

NIGHT SHIFT W/ TAL @ CNN – “CLARIFYING” THE UNCLEAR STATUS OF DACA IF CONGRESS PUNTS AGAIN – “It’s Complicated!” — PLUS “BONUS COVERAGE” OF OTHER IMMIGRATION “HOT NEWS” BY TAL & HER CNN COLLEAGUES!

“Intrepid 24-7-365” Immigration Reporter Tal Kopan and her wonderful CNN colleagues provide up to the minute coverage of the latest developments. Thanks, Tal, for all that you and your colleagues do!

Despite fight in Congress over immigration, the DACA deadline is up in the air

By Tal Kopan, CNN

When President Donald Trump ended the Deferred Action for Childhood Arrivals policy, he created a March 5 deadline for protections to end, designed to give Congress time to act to save the program.

But while lawmakers have continued to use the March 5 date as a target, court action and the realities of the program have made any deadline murky and unclear.

As a result, there currently is no date that the protections will actually run out for the roughly 700,000 DACA recipients, young undocumented immigrants who came to the US as children — but there remains a large amount of uncertainty about whether they could disappear at any time.

Trump himself mentioned the March 5 deadline in a tweet Monday.

“Any deal on DACA that does not include STRONG border security and the desperately needed WALL is a total waste of time. March 5th is rapidly approaching and the Dems seem not to care about DACA. Make a deal!”

The original plan proposed by Trump in September was that the Department of Homeland Security would phase out DACA by letting the two-year protections and work permits issued under the program expire without the option to renew them. But the administration allowed anyone with permits that expired before March 5 a one-month window to apply for a renewal, which would reset their two-year clock.

However, 20,000 of the 150,000 eligible to renew didn’t. They were either rejected, unable to pull together the paperwork and $500 fee, or unwilling to trust the government with their personal data and enroll again. Further complicating things, some of those rejections were later reopened after DHS acknowledged that thousands may have had their applications lost in the mail or delivered on time but rejected as late.

Then, in January, a federal court judge issued an order stopping the President’s plan to phase out DACA, and DHS has since resumed processing applications for renewals for all the recipients who had protections in September.

But the administration has also aggressively sought to have the judge’s ruling overturned by a higher court, including the Supreme Court, only adding uncertainty to the situation. If a court were to overturn the judge’s ruling, it could have several outcomes, including letting renewals processed in the interim stand, invalidating all of those renewals or even ending the whole program immediately.

More: http://www.cnn.com/2018/02/06/politics/daca-deadline-march/index.html

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

McConnell holds all the cards on next week’s immigration debate, and he’s not tipping his hand

By Tal Kopan and Lauren Fox, CNN

In a week the Senate is supposed to debate and vote on major immigration legislation for the first time in years — and only one person might know what it will look like: Senate Majority Leader Mitch McConnell.

“That, you’d have to check with the leader on,” said Sen. Cory Gardner, R-Colorado, Monday about the process as he left a GOP Senate leadership meeting.

“You’ll have to ask him,” echoed fellow leadership member Sen. John Thune of South Dakota. “He’ll have to decide what he wants to do.”

“Sen. McConnell hasn’t announced his intention,” Majority Whip John Cornyn told reporters.

Lawmakers of both parties told reporters Monday repeatedly they had no idea what the legislation or the process they’d be voting on likely next week would look like.

McConnell promised to turn to immigration on the Senate floor after February 8, the next date that government funding runs out, if broad agreement couldn’t be reached in that time. The promise, which he made on the Senate floor, was instrumental in ending a brief government shutdown last month, with senators of both parties pointing to the pledge for a “fair” floor debate as a major breakthrough.

The reality is, though, that McConnell has a lot of discretion as to how such a vote could go — and as of now, he has not given many clues.

Even in a meeting with White House chief of staff John Kelly, Homeland Security Secretary Kirstjen Nielsen and White House legislative director Marc Short, a source said McConnell “wouldn’t indicate what he’s going to do.”

“Total poker face,” the administration official said. “He’s not going to tip his hand.”

But the group came for the meeting, the official said, to “make sure he hears from the administration.”

On Monday, lawmakers expressed hope that such a deal could come together before the Thursday funding deadline, but wouldn’t call it likely. That tees up a vote next week with an uncertain end.

“Probably if nothing is agreed on this week, which I would not be optimistic will happen, then Mitch’ll call up some bill next week and let everyone get their votes on their amendments and see where it goes,” Thune said. “My assumption is that in the end, something will pass. But I guess we’ll see.”

McConnell’s choices will be instrumental in deciding how the debate goes, lawmakers and experts say, and he has a number of options on how to proceed, from the base bill, to the amendment process.

“There’s a lot of different conversations that continue, I don’t think anyone has narrowed it down to one, two or even three paths at this point,” Gardner said.

Utah Sen. Orrin Hatch, the longest-serving GOP senator, was the only lawmaker who seemed to know how the debate would look.

“I have a pretty good sense. I’ve been through it a hundred times,” he said, laughing. Asked if that meant a mess, he added, still chuckling: “It’s always a mess.”

Plenty more: http://www.cnn.com/2018/02/05/politics/senate-immigration-debate-no-clarity/index.html

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

Bonus story: Latest on the drunk driving crash that is shaping up to be a new flashpoint in the immigration debate:

http://www.cnn.com/2018/02/06/politics/colts-drunk-driving-crash-undocumented-immigrant/index.html

Trump: ‘Disgraceful that a person illegally in our country’ killed Colts player in crash

Washington (CNN)President Donald Trump on Tuesday said that it was “disgraceful” that an NFL player was killed by a man who police believe is an undocumented immigrant in a suspected drunk driving accident over the weekend.

“So disgraceful that a person illegally in our country killed @Colts linebacker Edwin Jackson. This is just one of many such preventable tragedies. We must get the Dems to get tough on the Border, and with illegal immigration, FAST!” Trump tweeted.
Indianapolis Colts linebacker Edwin Jackson and another man were struck and killed in a suspected drunken driving accident early Sunday morning. Indiana State Police say the man they believe hit them is an undocumented immigrant who has been deported twice.
“My prayers and best wishes are with the family of Edwin Jackson, a wonderful young man whose life was so senselessly taken. @Colts,” Trump said in a second tweet Tuesday morning.
The crash occurred when Jackson and the other man were struck on the shoulder of Interstate 70 in Indianapolis.

 

Read the complete report from Tal and Meagan at the above link.

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

There’s always something “shaking” in the “hot button” world of 21st Century Immigration.

PWS

02-06-18

THE GIBSON REPORT — 02-05-18 — COMPILED BY ELIZABETH GIBSON ESQ, NY LEGAL ASSISTANCE PROJECT

02-05-18 – Gibson Report

HEADLNES:

“TOP UPDATES

Changes to Asylum Interview Scheduling

USCIS: seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization.

USCIS will follow these priorities when scheduling affirmative asylum interviews:

  1. Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;
  2. Applications pending 21 days or less since filing; and
  3. All other pending applications, starting with newer filings and working back toward older filings.

Additionally, the Affirmative Asylum Bulletin issued by USCIS has been discontinued.

  • Note:  When this policy has trapped pending cases in an infinite backlog in the past, mandamus actions were often used to get cases scheduled

 

ICE is about to start tracking license plates across the US

The Verge: The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to a contract finalized earlier this month. The system gives the agency access to billions of license plate records and new powers of real-time location tracking, raising significant concerns from civil libertarians.

 

Extension of Syrian TPS

USCIS: Secretary Nielsen determined that the ongoing armed conflict and extraordinary conditions that support Syria’s designation for TPS continue to exist. Therefore, pursuant to the statute she has extended Syria’s TPS designation for 18 months.

 

ICE Releases Directive on Civil Immigration Enforcement Actions Inside Courthouses

ICE publishes its policy on civil immigration enforcement actions inside federal, state, and local courthouses, stating that this activity is “wholly consistent with longstanding law enforcement practices, nationwide…. often necessitated by the unwillingness of jurisdictions to cooperate with ICE….” AILA Doc. No. 18013140.

 

Immigration Legislation Attempts

 

DHS Announces Additional Security Procedures for Refugees Seeking Resettlement in the U.S.

DHS announced additional security enhancements and recommendations for the U.S. Refugee Admissions Program (USRAP), including additional screening for certain nationals from high-risk countries, administering the USRAP in a more “risk-based manner,” and periodic review. AILA Doc. No. 18013001

 

LITIGATION/CASELAW

 

Judge Orders Immediate Release of an Immigrant Rights Activist

The District Court of the Southern District of New York granted a petition for habeas corpus and ordered that the petitioner be immediately released from custody so that he can say goodbye prior to removal. (Ragbir v. Sessions, 1/29/18). AILA Doc. No. 18020137

 

BIA Narrows Definition of “Admitted In Any Status” for Cancellation of Removal Purposes

The BIA held that, outside the Fifth and Ninth Circuits, to establish continuous residence after having been “admitted in any status” for cancellation of removal, an individual must be admitted in lawful immigration status. Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018). AILA Doc. No. 18013031

 

BIA Orders Respondent Detained without Bond Due to DUIs

The BIA vacated the IJ’s decision to set a $25,000 bond and ordered detention without bond, after finding that the respondent did not meet his burden to show that he was not a danger to the community due to multiple convictions for DUIs. Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018). AILA Doc. No. 18020239

 

BIA Holds Leaving Scene of Accident Not a CIMT

Unpublished BIA decision holds that leaving the scene of an accident under Cal. Veh. Code 20001(a) is not a CIMT because it criminalizes mere failure to provide all forms of identification. Special thanks to IRAC. (Matter of Khan, 4/26/17) AILA Doc. No. 18020203

 

BIA Finds Possession of Cocaine with Intent to Manufacture or Deliver Not an Aggravated Felony

Unpublished BIA decision holds possession of cocaine with intent to manufacture or deliver under Fla. Stat. 893.13 is not an aggravated felony because neither offense requires unlawful trading or dealing. Special thanks to IRAC. (Matter of Christie, 4/26/17). AILA Doc. No. 18013042

 

CA1 Upholds Denial of Asylum Due to Failure to Show Membership in a Cognizable Social Group

The court denied the petition for review, finding that the petitioner’s proffered social group was insufficiently particular and also failed the social distinctiveness requirement. (Perez-Rabanales v. Sessions, 1/26/18). AILA Doc. No. 18013135

 

CA3 Holds That a Conviction for Georgia Forgery Is an Aggravated Felony

The court denied the petitions for review, holding that a conviction under Georgia’s forgery statute constitutes an offense “relating to” forgery that falls under INA §101(a)(43)(R), making the petitioner subject to removal as an aggravated felon. (Williams v. Att’y Gen., 1/19/18). AILA Doc. No. 18013132

 

CA5 Holds That Petitioner’s PTSD Did Not Have to Be Considered in Determining His Credibility

The court denied the petition for review, holding that Matter of J-R-R-A- did not apply despite the petitioner’s PTSD diagnosis and deferring to the determinations of the IJ and the BIA that his testimony was not credible. (Singh v. Sessions, 1/23/18). AILA Doc. No. 18013134

 

CA7 Upholds Decision That Petitioner from Kyrgyzstan Did Not Prove Eligibility for Asylum

The court denied the petition for review, holding that the IJ and the BIA did not err in concluding that the petitioner’s persecution was not connected to membership in a particular social group of persons associated with a particular political family. (Zhakypbaev v. Sessions, 1/26/18). AILA Doc. No. 18020134

 

CA7 Holds That IJ and BIA Did Not Err in Applying “Substantial Risk of Torture” Standard for Eligibility for CAT Relief

The court denied the petition for review, finding that in asking whether the petitioner faced a “substantial risk of torture,” the IJ and the BIA did not misunderstand the burden an individual faces when seeking relief under the Convention Against Torture. (Perez-Montes v. Sessions, 1/24/18). AILA Doc. No. 18020132

 

CA9 Finds No Right to Court-Appointed Counsel for Minors in Immigration Proceedings

The court denied the petition for review, holding that there is no categorical right to court-appointed counsel at government expense for minors in immigration proceedings, under either the Due Process Clause or the INA. (C.J.L.G. v. Sessions, 1/29/18). AILA Doc. No. 18013036

 

CA9 Holds That California Carjacking Is Not a Crime of Violence

The court held that a conviction for carjacking under California Penal Code §215(a) is not a crime of violence under INA §101(a)(43)(F), but remanded to the BIA on the issue of whether the petitioner’s conviction was a theft offense under §101(a)(43)(G). (Solorio-Ruiz v. Sessions, 1/29/18). AILA Doc. No. 18020135

 

CA11 Holds Battery of a Child Under Fla. Stat. §784.085 to Be a Crime of Child Abuse and a CIMT

The court held that a battery of a child conviction under Florida Statute §784.085 is categorically a crime of child abuse and a crime involving moral turpitude (CIMT). (Pierre v. Attorney General, 1/18/18). AILA Doc. No. 18020260

 

Texas and Other States File Amicus Brief Challenging Injunction Against DACA Rescission

Texas and several other states filed an amicus brief with the Supreme Court arguing that the Court should reverse the district court’s 1/9/18 order enjoining the rescission of the DACA program. (DHS v. Regents of the University of California, 1/25/18) AILA Doc. No. 17091102

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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PWS

02-05-18

TAL @ CNN – TRUMP GIVES COLD SHOULDER TO NEWEST SENATE BIPARTISAN DREAMER COMPROMISE BILL!

http://www.cnn.com/2018/02/05/politics/trump-daca-mccain-coons-immigration-plan/index.html

“White House rejects bipartisan immigration plan pushed by McCain, Coons
By Tal Kopan and Kaitlan Collins, CNN
The White House is dismissing an immigration deal brokered by a bipartisan group of lawmakers as a non-starter just hours before it is expected to be formally introduced in the Senate.
Arizona Republican Sen. John McCain and Delaware Democratic Sen. Chris Coons are slated to introduce a bill Monday that would grant eventual citizenship to young undocumented immigrants who have been in the country since 2013 and came to the US as children, but it does not address all of the President’s stated immigration priorities, like ending family-based immigration categories — which Republicans call “chain migration” — or ending the diversity visa program.
It also would not immediately authorize the $30 billion that Trump is seeking to build the border wall, instead greenlighting a study of border security needs. The bill would also seek to address the number of undocumented immigrants staying in the US by increasing the number of resources for the immigration courts, where cases can take years to finish.
The bill is a companion to a piece of House legislation that has 54 co-sponsors split evenly by party.
A White House official rebuffed the effort, telling CNN that it takes “a lot of effort” to write up a bill worse than the Graham-Durbin immigration bill, but somehow “this one is worse.”
Trump tweeted about the latest immigration efforts Monday, writing, “Any deal on DACA that does not include STRONG border security and the desperately needed WALL is a total waste of time. March 5th is rapidly approaching and the Dems seem not to care about DACA. Make a deal!”
But Coons defended the bill in a conference call with reporters on Monday, calling it a “strong starting place” and a “fresh start” if other talks about immigration don’t result in a compromise.
The White House has been aware of the legislation introduced by Texas Republican Rep. Will Hurd and California Democrat Rep. Pete Aguilar for weeks, with officials being informed while it was being drafted and with chief of staff John Kelly and legislative director Marc Short being briefed on the bill in meetings with members of Congress, including Hurd and Aguilar. The Congressional Hispanic Caucus, of which Aguilar is a key member, has been especially supportive of the bill as a compromise, as have moderate Republicans.
But the President has not embraced the proposal, largely for what it leaves out. Hurd and Aguilar, who first described their bill to CNN, have said they intentionally did not seek to appropriate specific funds in their proposal, as neither are on appropriations committees. They have called their bill a “foundation” for conversations about a big deal.
For the border, the bill would create a “smart wall” where the Department of Homeland Security would gain “operational control” of the border by the end of 2020 through “technology, physical barriers, levees, tools and other devices.” On family-based migration, the bill doesn’t make explicit reference to sponsoring relatives, but the bill authors say that existing law would prohibit parents of these individuals who came to the US illegally to apply for a visa to come back without returning to their home country for at least 10 years before applying and the bill does nothing to erase that requirement.
Coons said that McCain approached him about being a co-sponsor, saying that McCain is deeply concerned about the lack of future certainty for the military because of a budget impasse and the lack of a broader deal on immigration issues, and wanted to find a partner to introduce the Hurd-Aguilar bill in the Senate as part of that effort.
The Delaware Democrat said he recognizes that the bill does not appropriate any money for the border security piece and he’d be willing to look at doing that as well — and he said he’s still committed to the bipartisan Senate talks and is hopeful those could have a breakthrough and a base bill he’d support by the end of the week.
“I remain hopeful that that group can produce a bipartisan deal that is broader than what the McCain-Coons bill is this morning, but in the very real possibility that that does not come together, I think the (bill) is a good base bill,” Coons said. “I view the McCain-Coons proposal as a reasonable base bill that would get done the two things we need to get done: … the status of the Dreamers and border security.”
Coons also had some harsh words for the President, saying that despite the White House saying his proposal is the only one that can move forward, “I’m sorry, that’s not how the Senate works.” He rejected White House criticism of his proposal and said the “worst” thing would be failing to act or only doing a one-year stopgap.
“The President prides himself on being the great dealmaker,” Coons said. “Sometimes he makes the greatest contribution when he makes his position known and steps back … he is least constructive when he does what he did a few weeks ago.”
McCain said in a statement the new bill has “broad support.”
The Senate is expected to turn to a floor debate on immigration soon, and Coons has been part of a group of bipartisan lawmakers that have been meeting for weeks to try to find a compromise that could pass the vote with more than the 60 votes needed to advance legislation, which would require members of both parties. McCain has been recuperating from cancer treatments but is a veteran of efforts to pass immigration reform.
“While reaching a deal cannot come soon enough for America’s service members, the current political reality demands bipartisan cooperation to address the impending expiration of the DACA program and secure the southern border,” McCain said in the statement.

“White House rejects bipartisan immigration plan pushed by McCain, Coons
By Tal Kopan and Kaitlan Collins, CNN
The White House is dismissing an immigration deal brokered by a bipartisan group of lawmakers as a non-starter just hours before it is expected to be formally introduced in the Senate.
Arizona Republican Sen. John McCain and Delaware Democratic Sen. Chris Coons are slated to introduce a bill Monday that would grant eventual citizenship to young undocumented immigrants who have been in the country since 2013 and came to the US as children, but it does not address all of the President’s stated immigration priorities, like ending family-based immigration categories — which Republicans call “chain migration” — or ending the diversity visa program.
It also would not immediately authorize the $30 billion that Trump is seeking to build the border wall, instead greenlighting a study of border security needs. The bill would also seek to address the number of undocumented immigrants staying in the US by increasing the number of resources for the immigration courts, where cases can take years to finish.
The bill is a companion to a piece of House legislation that has 54 co-sponsors split evenly by party.
A White House official rebuffed the effort, telling CNN that it takes “a lot of effort” to write up a bill worse than the Graham-Durbin immigration bill, but somehow “this one is worse.”
Trump tweeted about the latest immigration efforts Monday, writing, “Any deal on DACA that does not include STRONG border security and the desperately needed WALL is a total waste of time. March 5th is rapidly approaching and the Dems seem not to care about DACA. Make a deal!”
But Coons defended the bill in a conference call with reporters on Monday, calling it a “strong starting place” and a “fresh start” if other talks about immigration don’t result in a compromise.
The White House has been aware of the legislation introduced by Texas Republican Rep. Will Hurd and California Democrat Rep. Pete Aguilar for weeks, with officials being informed while it was being drafted and with chief of staff John Kelly and legislative director Marc Short being briefed on the bill in meetings with members of Congress, including Hurd and Aguilar. The Congressional Hispanic Caucus, of which Aguilar is a key member, has been especially supportive of the bill as a compromise, as have moderate Republicans.
But the President has not embraced the proposal, largely for what it leaves out. Hurd and Aguilar, who first described their bill to CNN, have said they intentionally did not seek to appropriate specific funds in their proposal, as neither are on appropriations committees. They have called their bill a “foundation” for conversations about a big deal.
For the border, the bill would create a “smart wall” where the Department of Homeland Security would gain “operational control” of the border by the end of 2020 through “technology, physical barriers, levees, tools and other devices.” On family-based migration, the bill doesn’t make explicit reference to sponsoring relatives, but the bill authors say that existing law would prohibit parents of these individuals who came to the US illegally to apply for a visa to come back without returning to their home country for at least 10 years before applying and the bill does nothing to erase that requirement.
Coons said that McCain approached him about being a co-sponsor, saying that McCain is deeply concerned about the lack of future certainty for the military because of a budget impasse and the lack of a broader deal on immigration issues, and wanted to find a partner to introduce the Hurd-Aguilar bill in the Senate as part of that effort.
The Delaware Democrat said he recognizes that the bill does not appropriate any money for the border security piece and he’d be willing to look at doing that as well — and he said he’s still committed to the bipartisan Senate talks and is hopeful those could have a breakthrough and a base bill he’d support by the end of the week.
“I remain hopeful that that group can produce a bipartisan deal that is broader than what the McCain-Coons bill is this morning, but in the very real possibility that that does not come together, I think the (bill) is a good base bill,” Coons said. “I view the McCain-Coons proposal as a reasonable base bill that would get done the two things we need to get done: … the status of the Dreamers and border security.”
Coons also had some harsh words for the President, saying that despite the White House saying his proposal is the only one that can move forward, “I’m sorry, that’s not how the Senate works.” He rejected White House criticism of his proposal and said the “worst” thing would be failing to act or only doing a one-year stopgap.
“The President prides himself on being the great dealmaker,” Coons said. “Sometimes he makes the greatest contribution when he makes his position known and steps back … he is least constructive when he does what he did a few weeks ago.”
McCain said in a statement the new bill has “broad support.”
The Senate is expected to turn to a floor debate on immigration soon, and Coons has been part of a group of bipartisan lawmakers that have been meeting for weeks to try to find a compromise that could pass the vote with more than the 60 votes needed to advance legislation, which would require members of both parties. McCain has been recuperating from cancer treatments but is a veteran of efforts to pass immigration reform.
“While reaching a deal cannot come soon enough for America’s service members, the current political reality demands bipartisan cooperation to address the impending expiration of the DACA program and secure the southern border,” McCain said in the statement.

White House rejects bipartisan immigration plan pushed by McCain, Coons
By Tal Kopan and Kaitlan Collins, CNN
The White House is dismissing an immigration deal brokered by a bipartisan group of lawmakers as a non-starter just hours before it is expected to be formally introduced in the Senate.
Arizona Republican Sen. John McCain and Delaware Democratic Sen. Chris Coons are slated to introduce a bill Monday that would grant eventual citizenship to young undocumented immigrants who have been in the country since 2013 and came to the US as children, but it does not address all of the President’s stated immigration priorities, like ending family-based immigration categories — which Republicans call “chain migration” — or ending the diversity visa program.
It also would not immediately authorize the $30 billion that Trump is seeking to build the border wall, instead greenlighting a study of border security needs. The bill would also seek to address the number of undocumented immigrants staying in the US by increasing the number of resources for the immigration courts, where cases can take years to finish.
The bill is a companion to a piece of House legislation that has 54 co-sponsors split evenly by party.
A White House official rebuffed the effort, telling CNN that it takes “a lot of effort” to write up a bill worse than the Graham-Durbin immigration bill, but somehow “this one is worse.”
Trump tweeted about the latest immigration efforts Monday, writing, “Any deal on DACA that does not include STRONG border security and the desperately needed WALL is a total waste of time. March 5th is rapidly approaching and the Dems seem not to care about DACA. Make a deal!”
But Coons defended the bill in a conference call with reporters on Monday, calling it a “strong starting place” and a “fresh start” if other talks about immigration don’t result in a compromise.
The White House has been aware of the legislation introduced by Texas Republican Rep. Will Hurd and California Democrat Rep. Pete Aguilar for weeks, with officials being informed while it was being drafted and with chief of staff John Kelly and legislative director Marc Short being briefed on the bill in meetings with members of Congress, including Hurd and Aguilar. The Congressional Hispanic Caucus, of which Aguilar is a key member, has been especially supportive of the bill as a compromise, as have moderate Republicans.
But the President has not embraced the proposal, largely for what it leaves out. Hurd and Aguilar, who first described their bill to CNN, have said they intentionally did not seek to appropriate specific funds in their proposal, as neither are on appropriations committees. They have called their bill a “foundation” for conversations about a big deal.
For the border, the bill would create a “smart wall” where the Department of Homeland Security would gain “operational control” of the border by the end of 2020 through “technology, physical barriers, levees, tools and other devices.” On family-based migration, the bill doesn’t make explicit reference to sponsoring relatives, but the bill authors say that existing law would prohibit parents of these individuals who came to the US illegally to apply for a visa to come back without returning to their home country for at least 10 years before applying and the bill does nothing to erase that requirement.
Coons said that McCain approached him about being a co-sponsor, saying that McCain is deeply concerned about the lack of future certainty for the military because of a budget impasse and the lack of a broader deal on immigration issues, and wanted to find a partner to introduce the Hurd-Aguilar bill in the Senate as part of that effort.
The Delaware Democrat said he recognizes that the bill does not appropriate any money for the border security piece and he’d be willing to look at doing that as well — and he said he’s still committed to the bipartisan Senate talks and is hopeful those could have a breakthrough and a base bill he’d support by the end of the week.
“I remain hopeful that that group can produce a bipartisan deal that is broader than what the McCain-Coons bill is this morning, but in the very real possibility that that does not come together, I think the (bill) is a good base bill,” Coons said. “I view the McCain-Coons proposal as a reasonable base bill that would get done the two things we need to get done: … the status of the Dreamers and border security.”
Coons also had some harsh words for the President, saying that despite the White House saying his proposal is the only one that can move forward, “I’m sorry, that’s not how the Senate works.” He rejected White House criticism of his proposal and said the “worst” thing would be failing to act or only doing a one-year stopgap.
“The President prides himself on being the great dealmaker,” Coons said. “Sometimes he makes the greatest contribution when he makes his position known and steps back … he is least constructive when he does what he did a few weeks ago.”
McCain said in a statement the new bill has “broad support.”
The Senate is expected to turn to a floor debate on immigration soon, and Coons has been part of a group of bipartisan lawmakers that have been meeting for weeks to try to find a compromise that could pass the vote with more than the 60 votes needed to advance legislation, which would require members of both parties. McCain has been recuperating from cancer treatments but is a veteran of efforts to pass immigration reform.
“While reaching a deal cannot come soon enough for America’s service members, the current political reality demands bipartisan cooperation to address the impending expiration of the DACA program and secure the southern border,” McCain said in the statement.

“White House rejects bipartisan immigration plan pushed by McCain, Coons
By Tal Kopan and Kaitlan Collins, CNN
The White House is dismissing an immigration deal brokered by a bipartisan group of lawmakers as a non-starter just hours before it is expected to be formally introduced in the Senate.
Arizona Republican Sen. John McCain and Delaware Democratic Sen. Chris Coons are slated to introduce a bill Monday that would grant eventual citizenship to young undocumented immigrants who have been in the country since 2013 and came to the US as children, but it does not address all of the President’s stated immigration priorities, like ending family-based immigration categories — which Republicans call “chain migration” — or ending the diversity visa program.
It also would not immediately authorize the $30 billion that Trump is seeking to build the border wall, instead greenlighting a study of border security needs. The bill would also seek to address the number of undocumented immigrants staying in the US by increasing the number of resources for the immigration courts, where cases can take years to finish.
The bill is a companion to a piece of House legislation that has 54 co-sponsors split evenly by party.
A White House official rebuffed the effort, telling CNN that it takes “a lot of effort” to write up a bill worse than the Graham-Durbin immigration bill, but somehow “this one is worse.”
Trump tweeted about the latest immigration efforts Monday, writing, “Any deal on DACA that does not include STRONG border security and the desperately needed WALL is a total waste of time. March 5th is rapidly approaching and the Dems seem not to care about DACA. Make a deal!”
But Coons defended the bill in a conference call with reporters on Monday, calling it a “strong starting place” and a “fresh start” if other talks about immigration don’t result in a compromise.
The White House has been aware of the legislation introduced by Texas Republican Rep. Will Hurd and California Democrat Rep. Pete Aguilar for weeks, with officials being informed while it was being drafted and with chief of staff John Kelly and legislative director Marc Short being briefed on the bill in meetings with members of Congress, including Hurd and Aguilar. The Congressional Hispanic Caucus, of which Aguilar is a key member, has been especially supportive of the bill as a compromise, as have moderate Republicans.
But the President has not embraced the proposal, largely for what it leaves out. Hurd and Aguilar, who first described their bill to CNN, have said they intentionally did not seek to appropriate specific funds in their proposal, as neither are on appropriations committees. They have called their bill a “foundation” for conversations about a big deal.
For the border, the bill would create a “smart wall” where the Department of Homeland Security would gain “operational control” of the border by the end of 2020 through “technology, physical barriers, levees, tools and other devices.” On family-based migration, the bill doesn’t make explicit reference to sponsoring relatives, but the bill authors say that existing law would prohibit parents of these individuals who came to the US illegally to apply for a visa to come back without returning to their home country for at least 10 years before applying and the bill does nothing to erase that requirement.
Coons said that McCain approached him about being a co-sponsor, saying that McCain is deeply concerned about the lack of future certainty for the military because of a budget impasse and the lack of a broader deal on immigration issues, and wanted to find a partner to introduce the Hurd-Aguilar bill in the Senate as part of that effort.
The Delaware Democrat said he recognizes that the bill does not appropriate any money for the border security piece and he’d be willing to look at doing that as well — and he said he’s still committed to the bipartisan Senate talks and is hopeful those could have a breakthrough and a base bill he’d support by the end of the week.
“I remain hopeful that that group can produce a bipartisan deal that is broader than what the McCain-Coons bill is this morning, but in the very real possibility that that does not come together, I think the (bill) is a good base bill,” Coons said. “I view the McCain-Coons proposal as a reasonable base bill that would get done the two things we need to get done: … the status of the Dreamers and border security.”
Coons also had some harsh words for the President, saying that despite the White House saying his proposal is the only one that can move forward, “I’m sorry, that’s not how the Senate works.” He rejected White House criticism of his proposal and said the “worst” thing would be failing to act or only doing a one-year stopgap.
“The President prides himself on being the great dealmaker,” Coons said. “Sometimes he makes the greatest contribution when he makes his position known and steps back … he is least constructive when he does what he did a few weeks ago.”
McCain said in a statement the new bill has “broad support.”
The Senate is expected to turn to a floor debate on immigration soon, and Coons has been part of a group of bipartisan lawmakers that have been meeting for weeks to try to find a compromise that could pass the vote with more than the 60 votes needed to advance legislation, which would require members of both parties. McCain has been recuperating from cancer treatments but is a veteran of efforts to pass immigration reform.
“While reaching a deal cannot come soon enough for America’s service members, the current political reality demands bipartisan cooperation to address the impending expiration of the DACA program and secure the southern border,” McCain said in the statement.

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

I doubt that the Dems are going to force a shutdown over Dreamers this time around. But, that doesn’t mean that the “Bakuninist Wing” of the House GOP won’t shoot themselves and the party in the foot.

Dreamers appear sentenced to limbo as long as the GOP controls all the political branches of Government.

PWS

02-05-18

 

 

 

 

THE SPLC ANALYZES TRUMP’S CONTORTED AND CONTRIVED MESSAGE OF HATE, INTOLERANCE, & DIVISION!

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FIGHTING HATE // TEACHING TOLERANCE // SEEKING JUSTICE

FEBRUARY 3, 2018

“In his State of the Union address this week, President Trump congratulated his administration for having “taken historic actions to protect religious liberty.”

It certainly was historic in October when Trump became the first sitting president to give the keynote address at an annual summit hosted by an anti-LGBT hate group, the Family Research Council.

And it was historic when his attorney general, Jeff Sessions, issued religious freedom guidance eroding protections for LGBT people after he consulted with another anti-LGBT hate group, the Alliance Defending Freedom.

But it was an anti-immigrant hate group, the Center for Immigration Studies (CIS), whose talking points laced the State of the Union address this week.

CIS presents itself as an independent think tank, but it began as a project of the anti-immigrant hate group Federation for American Immigration Reform and was founded by white nationalist John Tanton.

CIS frequently manipulates its findings to achieve results that further its anti-immigrant agenda. Last fall, for instance, CIS staffer Jessica Vaughn published a report exaggerating how many people would enter America via a process that CIS calls “chain migration” — the hate group’s preferred phrase to stigmatize the idea of immigrant families reuniting.

The phrase “chain migration” appeared twice in this week’s State of the Union, alongside dangerous and hateful misinformation about immigrants taken directly from CIS talking points.

Given the State of the Union’s author, that should be no surprise.

Senior adviser Stephen Miller, who took the lead writing the speech, served for years as an aide to Jeff Sessions, who has himself endorsed CIS’ work, spoken on a CIS panel, and taken whispered counsel from a former CIS staffer during immigration debates on the Senate floor.

When Sessions hired Miller fresh from Duke University, he did so at the recommendation of anti-Muslim extremist David Horowitz. Now in the White House, Miller has been claimed and praised by extremists for advocating policy on hate group wish lists and pushing anti-immigrant narratives like the one we heard in the State of the Union.

“For decades, open borders have allowed drugs and gangs to pour into our most vulnerable communities. They have allowed millions of low-wage workers to compete for jobs and wages against the poorest Americans,” Trump said Tuesday, reading Miller’s text off a teleprompter.

But studies consistently show that immigrants help — not hurt — the U.S. economy.

“Most tragically, they have caused the loss of many innocent lives,” Trump said Tuesday — despite study after study finding immigrants commit crime at rates lowerthan native-born Americans, not higher.

Hate groups should not have a seat at the table on matters of national policy or influence what talking points to highlight in the State of the Union.

But thanks to Stephen Miller, they have exactly that.

The Editors

P.S. Here are some other pieces we think are valuable this week:

What kids are really learning about slavery by Melinda Anderson for The Atlantic

How the far right has perfected the art of deniable racism by Gary Younge for The Guardian

Indian slavery once thrived in New Mexico. Latinos are finding family ties to it by Simon Romero for The New York Times

The terrifying rise of alt-right fight clubs by Bryan Schatz for Mother Jones

View this email in your browser.”

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

Yup. Sadly, Trump and his cohorts Sessions & Miller are out to divide, not unify America (except in the sense that they are unifying all decent Americans against their White Nationalist, racist agenda). For years, the GOP right-wing has “talked around” the racism and White Nationalism inherent in many of their programs and actions, using euphemisms like “reform,” “streamlining,” “right to work,” “combatting voter fraud,” etc. And, while occasionally it earns them a mild “tisk, tisk” from so-called “moderate” or “mainstream” Republicans, for the most part the spineless leadership of the GOP has given racism, White Nationalism, and xenophobia a “free Pass.”

Just look at the “hero of the GOP moderates,” Mitt Romney. “The Mittster” appears poised to reenter politics as the Junior Senator from Utah, replacing the retiring Orrin Hatch.

While carefully steering a moderate line on immigration during his governorship of “Blue State” Massachusetts, once nominated for the Presidency, Romney hired the notorious racist/White Nationalist/vote suppressor Kris Kobach as his “Immigration Advisor.” He then proceeded to largely adopt the White Nationalist line in immigration, including the famous Kobach initiative that sought to make life so miserable for hardworking, law-abiding undocumented residents (known in White Nationalist lingo as “illegals”) that they would “self-deport.”

Who is the real Mitt Romney? Nobody knows. But, my guess is that he’ll stand with the White Nationalists on immigration.

Although he has been sharply critical of Trump at times, it’s likely that when push comes to shove, he’ll line up behind the Trump-far right agenda just like other so-called “critics” such as Sen. “Bobby the Cork” Corker, Sen. Jeff Flake, Sen. John McCain, Sen. Susan Collins, and Sen. Lisa Murkowski when it came to “sticking it to America” with the GOP Tax ripoff. After all, remember how quick Mitt was to “pretzel himself up” and grovel before Trump on the off-chance that he would be allowed to serve the Great Con-Master as Secretary of State!

PWS

02-03-18

 

 

 

 

 

 

 

Michael Paarlberg @ THE GUARDIAN: HOW WACKO & COUNTERPRODUCTIVE IS TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT? — Who Screws Their Friends & Productive Residents While Empowering Multinational Gangs? — “[MS-13] can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. . . . There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

https://www.theguardian.com/commentisfree/2018/feb/02/trump-immigration-bogeymen-ms-13-chain-migration?CMP=Share_iOSApp_Other

Paarlberg writes:

“In 1968, a British Conservative politician, Enoch Powell, made what became known as his “Rivers of Blood” speech. In it, he sounded an alarm about what he imagined to be an unchecked immigrant invasion of the United Kingdom, at a time when the country’s immigrant population had only grown from 5 to 6% in the previous decade.

Crime was low, less than one homicide per 100,000 residents, a tenth the rate of the US. Quoting a constituent, he foresaw the day when “the black man will have the whip hand over the white man”. In subsequent decades, immigration slowly inched upwards, but the scenario Powell envisioned failed to materialize.

Half a century later, we Americans live in a Powellesque moment in which politicians’ hysterical rhetoric surrounding immigration is completely at odds with the facts. President Trump, giving his own Rivers of Blood speech on Tuesday, painted a grim picture of a wave of hardened criminal immigrants, exploiting diversity visas and “chain migration”, running around the country murdering people left and right.

In reality, illegal immigration to the US is down, not up. Trump would like to take credit for this with his tough talk about walls, rapists, and “bad hombres” from Mexico, but the number of unauthorized immigrants in the country has been falling for the past decade, due not to xenophobic bluster but the Great Recession.

Net migration from Mexico is currently negative: more Mexicans are leaving the US than coming in, and have been doing so since the end of the Bush administration. In coming decades, most new immigrants to the US will not be from Latin America at all, but from China and India.

Violent crime, too, is down, way down: FBI statistics show violent crimes are just half of what they were in the early 90s. Trump would have you believe that immigrants are responsible for “tremendous amounts of crime”, but research shows immigrants commit less crime than native-born Americans.

In fact, it started in Los Angeles in the 1980s, was originally made up of adolescent stoners who listened to heavy metal, and only grew into a much larger and more vicious, officially designated “transnational gang” thanks to mass criminal deportations by the Clinton administration to poor countries that were ill-equipped to deal with the influx.

It can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. And for all the hype, MS-13 is a relatively small player here. Its estimated US membership has remained constant for the past decade at around 10,000, or less than 1% of the 1.4 million gang members in the US: far smaller than the Crips, Bloods, Latin Kings, or Aryan Brotherhood.

Even the face tattoo image is out of date; MS cliques have been discouraging members from getting them after belatedly realizing it makes them easy to identify by police.

As for the origins of this nonexistent immigrant crime wave, Trump blames “chain migration”, the more menacing nativist buzzword for family reunification, the principle on which our immigration laws are founded.

“Chain migration” is actually a conservative idea: the Immigration and Nationality Act, which was passed in 1965, was sold to immigration restrictionists as a law which would preserve mostly white immigration while doing away with the overtly racist, eugenics-inspired quota laws it replaced. Because by 1965, most immigrants to the US were from Europe, it was assumed that giving preference to family members of current immigrants would restrict immigration from other parts of the world.

After all, it is a policy which upholds the family as a unit. Families, conservatives argued, were preferable to single men. They encourage stable employment, homeownership, participation in the community, and provide a source of private, non-state welfare for needy relatives. Families are what keeps people out of trouble, the kind Trump imagines immigrants are getting into, and which may actually happen if he succeeds in taking away this base of support.

It wouldn’t be the first time US immigration policy had the opposite of its intended effect, from Johnson’s 1965 immigration law to Clinton’s criminal deportations. Similarly, Trump’s recent decision to revoke TPS protection for over 200,000 legal immigrants from Haiti and El Salvador will only increase the number of unauthorized immigrants and lead to more unauthorized immigration in the future: mass deportations mean a loss of cash remittances from those immigrants to countries whose economies are heavily dependent on them, which will only worsen unemployment and send more migrants north.

Breaking up families also creates the conditions of insecurity under which predatory gangs thrive. In Central America, deportations from the US give gangs a new vulnerable population to recruit from. In the US, the loss of family networks and raids which push migrants into the shadows give them a new vulnerable population to extort. There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

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

Pretty much what I’ve been saying all along! With their toxic mixture of ignorance, arrogance, incompetence, bias, White Nationalism, and racism, Trump, Sessions, Miller, and their sycophantic followers have been destroying American communities, weakening and dissolving American society, and empowering our enemies, foreign and domestic! Other than that, they’re a great bunch of guys.

The only folks happier than MS-13 about the Trump/Sessions regime and their “sell-out” of America and American values are Vladi Putin and his Oligarchs.

PWS

02-02-18

TAL @ CNN ASKS WHAT EVERYONE WANTS TO KNOW: “DACA talks: Are two pillars better than one?”

http://www.cnn.com/2018/02/02/politics/daca-deal-talks-pillars-border/index.html

 

“DACA talks: Are two pillars better than one?

By: Tal Kopan, CNN

How many pillars does it take to make an immigration deal stand? Right now, Washington can’t agree.

As lawmakers rush to come up with a solution for the Deferred Action for Childhood Arrivals policy, there’s disagreement just on the scope of the deal — even weeks after President Donald Trump gathered lawmakers to discuss his “four pillars.”

Trump reiterated his desire Thursday for Congress to pass what he has proposed: a pathway to citizenship for DACA recipients and more eligible young undocumented immigrants; border security including some enhanced immigration enforcement authorities; heavily cutting family-based migration; and ending the diversity visa lottery.

“I know that the Senate is planning to bring an immigration bill to the floor in the coming weeks, and I am asking that the framework we submitted … that something really positive will come out of it,” Trump told the Republican congressional retreat Thursday, reiterating his “four pillars” plan.

But his proposal has been dismissed as dead on arrival by Democrats, whose votes will be necessary to pass it, and some Republicans and Democrats alike are pushing for a “two pillar” deal, instead.

“My own view is, and I’m only speaking for myself here, I think that if we can solve DACA and border security, that may be the best we can hope for,” Senate No. 3 Republican John Thune of South Dakota said Wednesday, breaking with others in his party.

The argument for narrowing the deal is focused on what can actually pass. Senators working to craft a bipartisan compromise are aiming for something that can get even more votes than the 60 required to advance legislation, which in the 51-49 GOP-controlled Senate will require a good number of Democrats.

In the House, moderate and conservative Republicans have been far apart on immigration, and many hardliners on the right have rejected the White House proposal as too liberal, meaning a compromise in that chamber will also likely require Democratic votes.

But Democrats have found a number of poison pills in Trump’s pillars, including the cuts to family-based migration and ending the diversity lottery without another way to ensure immigrants are admitted from countries otherwise underrepresented in migration to the US. Not only do they oppose the massive cuts to legal immigration and hardship for families such a plan would entail, they say, some suspect the President has ulterior motives, especially after his “shithole countries” comments.

“If Republicans believe that we’re ready to destroy family-based visa system, which we believe is the bedrock of our democracy, (they’re wrong),” Illinois’ Rep. Luis Gutierrez said this week. “We put this in the context of racist remarks from the President. There’s nobody in line from Norway, Mr. President. There’s lot of people from countries you don’t like, and we think that is what is behind this.”

‘Gang of Six’ was tough sell among Democrats

A previously unreported standoff with the Congressional Hispanic Caucus reveals the tensions even among Democrats on the issue — where the so-called “Gang of Six” bill that Republicans rejected as too far to the left was too far to the right at first for Hispanic Democrats.

 

According to two sources familiar, the day after the President rejected the Gang of Six compromise and made his “shithole countries” comments, Gang of Six member Sen. Bob Menendez, D-New Jersey, held an emergency phone briefing for CHC members. One source described participants of the call as “furious.” Another source characterized the tone as “concerned.”

The Gang of Six offer included nearly $3 billion for Trump’s wall and border technology, ended the diversity lottery but used those visas with a higher bar for underrepresented countries and recipients of temporary protected status, and addressed “chain migration,” or family migration, by blocking parents of DACA recipients who came here illegally from ever being citizens. But the bill did offer those parents indefinitely renewable legal status to work in the US.

After the contentious call, Menendez and the group worked over the weekend to get CHC members more on board with the compromise and he personally met with House CHC members to answer their questions, which brought them around enough to the Gang of Six bill. After that was rejected, they are less likely to accept further concessions.

CHC members have pushed for a bill from caucus Whip Pete Aguilar, a California Democrat, and Republican Rep. Will Hurd of Texas that is just border security and a DACA fix.

2-pillar deal splits Republicans

Members of a bipartisan group of roughly 20 senators who have been meeting since the shutdown have also been arguing for a two-pillar solution, as Thune articulated.

“We all need to understand that there are two things that are critical: dealing with (DACA recipients), because we’re up against the March deadline, and dealing with border security,” said North Dakota’s Democrat Sen. Heidi Heitkamp, leaving one meeting of the group.

“If we can’t get a deal that includes (the four pillars) we may have to pare it down to two pillars and just do border and DACA as plan B,” Florida’s GOP Sen. Marco Rubio said this week.

But other Republicans, including Senate Majority Whip John Cornyn of Texas, have repeatedly rejected calls to narrow the deal.

“Everybody wants to alter reality in a way that suits their needs, but the reality is the President said there has to be four pillars, and I think people just need to accept that and deal with it,” Cornyn told reporters recently.

Republicans including Oklahoma’s Sen. James Lankford, South Carolina’s Sen. Lindsey Graham and South Dakota’s Sen. Mike Rounds have all noted that the family-based migration issue must be part of a deal because once recipients are citizens, they will have the same ability as any American to sponsor family members.

“Those four pillars are really interconnected — especially the chain migration issue,” Lankford said.

“The day you give a pathway to citizenship, you’ve got a chain migration problem … so you’ve got to deal with that and I’ve got some ideas to do it,” said Graham, who helped author the Gang of Six bill. “The issue is chain migration … but if we can solve that, I think we can get this done.”

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The money will run out again next week! Stay Tuned!

PWS

02-02-18

 

JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

https://slate.com/news-and-politics/2018/02/the-nativist-blueprint-for-trumps-immigration-plan.html

Jamelle writes in Slate:

“State of the Union on Tuesday night, “one that admits people who are skilled, who want to work, who will contribute to our society, and who will love and respect our country.”

The president and his allies claim such an immigration policy would promote cohesion and unity among Americans “and finally bring our immigration system into the 21st century.” Far from forward-facing, however, the president’s policies evoke the beginning of the 20th century, when war abroad and opportunity at home brought waves of immigrants to the United States, from Italians, Polish, and Russians to Chinese and Japanese. Their arrival sparked a backlash from those who feared what these newcomers might mean for white supremacy and the privileged position of white, Anglo-Saxon Americans. Those fears coalesced into a movement for “American homogeneity,” and a drive to achieve it by closing off America’s borders to all but a select group of immigrants. This culminated in 1924 with the Johnson-Reed Act, which sharply restricted immigration from Southern and Eastern Europe and all but banned it from much of Asia.

Members of the Trump administration have praised the Johnson-Reed Act for its severe restrictions on who could enter the country, and the act’s history helps illuminate what exactly Trump means when he says he wants to put “America first.”

The cohesion Trump espouses isn’t national or ideological. It is racial. The fight over immigration isn’t between two camps who value the contributions of immigrants and simply quibble over the mix and composition of entrants to the United States. It is between a camp that values immigrants and seeks to protect the broader American tradition of inclusion, and one that rejects this openness in favor of a darker legacy of exclusion. And in the current moment, it is the restrictionists who are the loudest and most influential voices, and their concerns are driving the terms of the debate.

At the heart of the nativist idea is a fear of foreign influence, that some force originating abroad threatens to undermine the bonds that hold America together. What critics condemned as “Know Nothing-ism” in the 19th century, adherents called Americanism. “The grand work of the American party,” said one nativist journal in 1855, “is the principle of nationality … we must do something to protect and vindicate it. If we do not, it will be destroyed.”

In the first decades of the 20th century, the defense of “the principle of nationality” took several forms. At the level of mass politics, it meant a retooled and reinvigorated Ku Klux Klan with a membership in the millions, whose new incarnation was as committed to anti-immigrant, anti-Catholic, and anti-Semitic politics as it was to its traditional anti-black racism. In Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, historian Nancy MacLean notes how Georgia Klan leader William Joseph Simmons warned his followers that they were, in his words, “being crowded out by a “mongrel population … organized into Ghettos and Communistic groups … and uplifting a red flag as their insignia of war.” Likewise, Klan leaders and publications blasted Catholic immigrants as “European riff-raff” and “slaves of ignorance and vice” who threatened to degrade the country at the same time that they allegedly undermined native-born white workers. When, in 1923 and 1924, Congress was debating the Johnson-Reed Act, the Klan organized a letter-writing campaign to help secure its passage, turning its rhetoric into political action.

At the elite level, it meant the growth of an intellectual case for nativism, one built on a foundation of eugenics and “race science.” Prominent scholars like Madison Grant (The Passing of the Great Race) and Lothrop Stoddard (The Rising Tide of Color Against White World Supremacy) penned books and delivered lectures across the country, warning of a world in which “Nordic superiority” was supplanted by those of so-called inferior stock. “What is the greatest danger which threatens the American republic today?” asked eugenicist Henry Fairfield Osborn in the preface to Grant’s book. “I would certainly reply: The gradual dying out among our people of those hereditary traits through which the principles of our religious, political and social foundations were laid down and their insidious replacement by traits of less noble character.” The aim of the nativists was to preserve those traits and admit for entry only those immigrants who could fully and easily assimilate into them.

. . . .

It is true that there are some more moderate restrictionists in the mix, for whom the drive to reduce legal immigration is driven by concern and prudence—concern over immigration’s impact on wage and employment, especially among the country’s working-class citizens, and prudence regarding our ability to assimilate and absorb new arrivals.

The facts do not support these misgivings. Low-skilled immigration does more to bolster prospects for working-class Americans—providing complementary employment to construction and farm labor—than it does to lower wages. Likewise, immigrants to the United States have shown a remarkable capacity for assimilation, quickly integrating themselves into the fabric of American life by building homes, businesses, and families. To the extent that native-born workers need protection, it’s best provided by stronger unions and more generous support from the government.

But those moderate voices aren’t setting the agenda. Instead, it’s the hardliners who have used their initiative to inject nativism into mainstream politics and channel, in attenuated form, the attitudes that produced the 1924 law. President Trump, for example, ties Hispanic immigrants to crime and disorder, blaming their presence for gang violence. He attributes terror attacks committed by Muslim immigrants to the “visa lottery and chain migration” that supposedly allows them unfettered access to American targets. And in a recent meeting with Democratic and Republican lawmakers, Trump disparaged Haiti and various African nations as “shitholes” (or “shithouses”) whose immigrants should be turned away from the country in favor of those from European countries, like Norway. It’s unclear if Trump is aware of Rep. Albert Johnson, who spearheaded the 1924 immigration law. But in his racial ranking of immigrants, the president echoed the congressman’s sentiments. “The day of unalloyed welcome to all peoples, the day of indiscriminate acceptance of all races, has definitely ended,” proclaimed Johnson on the passage of the bill that bore his name.

The president isn’t alone in his views. Before joining the Trump administration, former White House adviser Stephen Bannon openly opposed nonwhite immigration on the grounds that it threatened the integrity of Western nations. And while Bannon has been exiled from Trump’s orbit, that legacy lives on. Stephen Miller, who is now the driving force behind immigration policy in the Trump administration, is a notorious hardliner who has echoed Bannon’s views, bemoaning the number of foreign-born people in the United States.

Miller is the former communications director for and protégé of Jeff Sessions, who as Alabama’s senator praised the Johnson-Reed Act and its restrictions on foreign-born Americans. “When the numbers reached about this high in 1924, the president and Congress changed the policy, and it slowed down immigration significantly,” Sessions said in a 2015 interview with Bannon. “We then assimilated through the 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

As attorney general, Sessions has leaned in to these views. “What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful?” said Sessions during a recent interview on Fox News. “That is not what a good nation should do, and we need to get away from it.” Rep. Steve King of Iowa, a staunch defender of Trump, is especially blunt in his defense of hardline immigration policies. “Assimilation, not diversity, is our American strength,” he said on Twitter last year.

Assimilation in those middle decades of the 20th century was built, to a considerable extent, on racial exclusion. It was assimilation into whiteness, one which bolstered and preserved the racial status quo. There’s no return to the America of that era, but one could slow the nation’s demographic transition. The White House proposals for immigration reform seem designed to do just that. According to an analysis from the Cato Institute, President Trump’s framework for immigration would slash entries by 44 percent, excluding almost 22 million people from the United States over the next 50 years. And in an analysis tied to the “Securing America’s Future Act”—a House-produced bill which hews closely to what the president wants—the Center for Global Development finds that white immigrants would be twice as likely to attain entry into the United States than black and Hispanic ones, while a majority of Muslim and Catholic immigrants would be barred from the country. Couple these measures with voter suppression, a biased census, apportionment by citizenship, extreme gerrymandering, and the existing dominance of rural counties in national politics, and you can essentially rig the system for the preservation of white racial hegemony.

Immigration policy is inextricably tied to our nation’s self-identity. What we choose to do reflects the traditions we seek to uphold. In the 1920s, most Americans wanted a more homogenous country, and they chose accordingly. Forty years later, in the midst of the civil rights revolution and a powerful ethos of inclusion, Americans reversed course, opening our borders to millions of people from across the globe. In this moment, we have two options. We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.

portrait of Jamelle Bouie

Jamelle Bouie

Jamelle Bouie is Slate’s chief political correspondent.”

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

Read the complete article, with more historical references to the racist historical basis for today’s GOP restrictionist policies, at the link.

Actually, “Gonzo Apocalypto,” most of those Latino, African, Hispanic, and Middle Eastern immigrants that you look down upon and disrespect aren’t illiterate in their own countries. And, they probably speak and understand English better than you do their native languages.

While you, Gonzo, have spent most of your adult life on the “public dole,” trying to turn back the clock and, as far as I can see, doing things of questionable overall value to society, immigrants have been working hard at critical jobs, at all levels of our society, that you and your White Nationalist buddies couldn’t or wouldn’t be able to do. Hard-working immigrants, not your “White Nationalist Myth,” have advanced America in the latter half of the 20th Century and the beginning of the 21st Century. Immigrants will continue to make America stong, prosperous, and great, if you and your White Nationalist restrictionist cronies would only get out of the way of progress!

“We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.”

Right on, Jamelle!

PWS

02-02-18

COMMUNITIES ACROSS THE U.S. STEW AS TRUMP USES MS-13 “BOGEYMAN” TO WHIP UP WHITE NATIONALIST RAGE AGAINST ALL LATINOS! –Yeganeh Torbati Reports For Reuters News (Video)!

http://www.reuters.tv/v/wfz/2018/02/01/trump-s-focus-on-ms-13-gang-deepens-immigration-impasse

Yeganeh Torbati reports for Reuters News. Click the above link to play video!

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As Yeganeh’s report notes, nobody disputes the Trump Administration’s claim that the MS-13 are “Bad Guys” who should be removed from the U.S. Although you wouldn’t know it from the Trump Administration’s self-congratulatory rhetoric, every Administration going back to that of President Ronald Reagan has made a concerted effort to remove gang members. They were a particular priority of the Obama Administration’s criminal alien removal program.

Unlike Trump, Sessions, and most of those “spouting off the rhetoric,” I have been involved in gang removal efforts from both the law enforcement and the judicial perspectives. I actually came face to face with gang members and entered final orders removing them from the United States at several levels during my Government career. And, unlike some final orders of removal, I know that these were actually carried out.

Not surprisingly, though, a few of the deportees managed to reenter the U.S. again. No “wall” is likely to stop determined international gangs from getting their members back into the U.S. if they really want to. Just like “show deportations” didn’t significantly hamper or eradicate Italian Mafia-type organized crime gangs, the “Maras” are unlikely to fold their tents and disappear quietly into the night just because of “get tough” speeches by American politicos and some well-publicized deportations. Most Maras are actually pretty good at running operations from abroad, as well as from prisons, both here and in the Northern Triangle.

I have observed, however, that the Trump Administration’s anti-gang program is likely to be relatively ineffective for a number of reasons. First, by terrorizing Latino communities with DHS arrests and removals of law-abiding non-criminals, they make it difficult or impossible for victims, most of whom are members of the Latino community, and some of whom are undocumented or come from “mixed families,” to report gang-related crimes and activities to the police. Thus, these folks are “easy marks” for the gangs.

Second, for the same reason, many community members are reluctant to come forward and be witnesses against gang members for fear of their own deportation or that the police will not protect them from retaliation.

Third, by consistently “dissing” and devaluing the contributions of the many law-abiding members of the Latino community, this Administration makes it easier for gang recruiters to point to the “empowerment” and “respect” that gangs claim to offer.

Fourth, by “manipulating the law” to deny legal protections to many of those who courageously resist gang recruitment (I just “blogged” an egregious example from the 9th Circuit this week), the Administration sends a strong “you might as well join” message to young people in the U.S. and who are returned to the Northern Triangle. The message that our Government places no value on their lives is not lost on these kids.

Finally, by failing to concentrate on the root causes of gangs in the Northern Triangle, and instead consistently “over-selling” the law enforcement benefits of deportation, the Administration guarantees an almost endless regime of violence and disorder in the Northern Triangle and a steady stream of would-be refugees flowing north.

The only effective gang-eradication programs that I’m aware of involve local authorities, often from the Latino community, gaining the trust of the young people in the community and “reinforcing” Latino role models, some originally from undocumented backgrounds, as offering viable alternatives to gangs. Slowly, through education and community based activities that show the value, respect, and positive recognition that can be gained by avoiding gangs and having the courage to stand up against them, we can, over time, drastically reduce, and perhaps eventually eliminate the destructive role gangs in America.

But, the continuing White Nationalist, anti-Hispanic “blathering” of Trump, Sessions, Homan, and the other GOP “hard liners” is likely to be counterproductive. And, “traditional” law enforcement methods of arrest, imprisonment, and deportation have been shown, by themselves, to be ineffective in solving the long-term problems of gangs in both America and the Northern Triangle. Of course we should continue to arrest and deport known gang members. But, we shouldn’t expect that, without some community-based solutions and more thoughtful approaches to the problems caused by deportations in the Northern Triangle, deportations will solve our problem. They won’t!

PWS

02-01-18

 

TAL @ CNN TELLS US NO DACA BREAKTHROUGHS!

http://www.cnn.com/2018/02/01/politics/immigration-talks-groups-lack-progress/index.html

“Immigration negotiations: Lots of talk, little progress

By Tal Kopan, CNN

There are several groups in Congress who have been meeting regularly to try to reach a breakthrough on stalled immigration talks. But that doesn’t mean they’re making much progress.

Lawmakers are quick to bemoan the lack of forward motion on a fix for the Deferred Action for Childhood Arrivals policy, a program that protected young undocumented immigrants who came to the US as children that President Donald Trump is ending.

The lack of progress stands in contrast to what Trump called in his State of the Union address Tuesday a “bipartisan approach,” despite no Democrats supporting his framework.

“We presented Congress with a detailed proposal that should be supported by both parties as a fair compromise, one where nobody gets everything they want, but where our country gets the critical reforms it needs and must have,” he said, even as his proposal was dismissed as dead on arrival by Democrats whose votes will ultimately be needed to pass any compromise.

RELATED: What Trump’s State of the Union means for the immigration debate

Despite months of negotiations on how to preserve DACA and enact other measures like border security and White House-requested immigration overhauls, Congress still remains far from a clear path forward even as a deadline for government spending approaches.

“I wouldn’t say we’re making progress,” said House Minority Whip Steny Hoyer of the so-called “No. 2s” group, regular meetings of the seconds in command in both parties in both the House and Senate that have been coordinating with key administration officials.

“I would say we’re continuing, however, to try to winnow down what the discussion is about. We haven’t done it yet,” Hoyer said.

Senate Majority Whip John Cornyn similarly left a meeting last week of the group and characterized it as “wheel spinning.” Democrats have long complained their perception is the group mainly exists to slow down negotiations.

The circular talks, which sources in the room describe as mostly reiterations of positions that in most cases neither side is willing to cede, are indicative of a broader stalemate leading up to February 8 — when another short-term government funding bill is likely. After that, lawmakers await Senate Majority Leader Mitch McConnell’s promise to hold an open floor debate on immigration.

Likewise a group of roughly 20 bipartisan senators that formed out of the government shutdown at the last funding deadline has been meeting essentially daily to find common ground on the issue. But lawmakers in that group have similarly described a process of defining the issues, and have said their group’s work is mostly to generate ideas that will then be funneled to Cornyn and Democratic Whip Dick Durbin for further negotiation.

“We want to be deferential,” one of the group’s organizers, Maine Republican Sen. Susan Collins, said after a meeting Monday. “We hope we might be able to be helpful to them by going through a series of concepts,” she added, saying the group had discussed various proposals out there.

Many of the lawmakers in the group have little prior specialty in immigration policy. North Dakota Democrat Sen. Heidi Heitkamp said that Oklahoma Republican Sen. James Lankford has been working to brief the group on what the Department of Homeland Security wants out of negotiations, and the group does include one of the authors of the 2013 “Gang of Eight” immigration reform bill, Florida Republican Sen. Marco Rubio.

“I think that there’s such a discussion right now between process, how do you start, and then definitional, and I think the great work we’re doing in there is look, let’s get our facts in order, let’s get a unified sense of understanding,” Heitkamp said after one of the meetings of the group.

The groups’ efforts have attempted to find a path forward even after Trump rejected a bipartisan compromise negotiated by Durbin and a handful of other senators over months, declined a DACA for border wall offer from Senate Minority Leader Chuck Schumer, and after the White House put out an aggressive framework that included a generous path to citizenship for the young undocumented immigrants but included a number of hardline requests that Democrats have said are impossible to swallow.

Some in the bipartisan group are already talking about narrowing the debate to just two issues — DACA and physical border security — even as others in the group reject that approach. Republicans like Cornyn and Lankford have said the White House’s “four pillars,” which include cuts to family migration and the diversity visa lottery and define border security broadly to include deportation authorities and other measures, have to be the starting point and can’t be narrowed down.

“If we can’t get a deal that includes that we may have to pair it down to two pillars and just do border and DACA as plan B,” Rubio told CNN’s Suzanne Malveaux on Wednesday. “But I know they’re going to try plan A first, and you know I’ve supported that and I continue to support limiting (family-based migration) to nuclear family.”

Meanwhile, the bipartisan group on the House side of the Capitol, the Problem Solvers Caucus, has proposed a compromise that hews very closely to the already-rejected proposal from Durbin, though the Senate has moved on from it. That group’s co-chairman, Rep. Josh Gottheimer, has been in touch with Collins and her Democratic co-organizer Sen. Joe Manchin, D-West Virginia, about possibly bringing the two groups together to meet, the New Jersey Democrat told CNN.

All of the talk is setting the stage for a potentially messy floor debate in the Senate. Though McConnell has pledged to call something to the floor for an open debate process if no deal otherwise is reached by February 8, he has not made any statements about what he would call as a starting point. And with an open amendment process, the debate could get messy and any bill could be brought down by a poison pill amendment intentionally designed to tank the process.

Still, lawmakers are continuing to meet.

“I don’t know,” Durbin said of whether the plan to funnel ideas through him and Cornyn will work. “We’ve never tried anything like this. But I’m hopeful, and so is he.”

As for the No. 2s meeting he’s a part of, Durbin added, “We do have some looming deadlines. I hope that moves us.”

 

CNN’s Lauren Fox and Phil Mattingly contributed to this report.

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I find the stated position of Senator Marco Rubio (R-FL) remarkable! Rubio himself is the product of an immigrant background. So, he knows first-hand the complete falsity of the GOP’s (essentially racist) claims about the “bogus” dangers of “Family Migration” (often pejoratively called “chain migration” by GOP restrictionists); the important positive role that family immigration plays in many ethnic communities; the important role that Family Migration has played in the United States and our economy as a whole since 1965; and the overall benefits of more, not less, legal immigration.

Yet he somehow feels that his own personal success has so far removed him from the immigrant community and the national interest that he can join the current elitist White Nationalist charade in bashing Family Migration!  Pretty sad indeed.

PWS

02-01-18

TAL @ CNN: DREAMERS, DEMS FACING UP TO HARD POLITICAL REALITY – NO PRESIDENCY, NO LEGISLATIVE MAJORITY = LITTLE LEVERAGE – Acceptable Compromise Appears Doomed To Remain “Dream” – For Now!

 

http://www.cnn.com/2018/01/30/politics/democrats-vent-daca-frustrations-hispanic-caucus/index.html

“Hispanic Caucus vents at Democratic leadership over shutdown, DACA strategy

By: Tal Kopan, CNN

Hispanic Democrats on Tuesday had a combination venting and strategy session with Democratic congressional leaders as they expressed frustration that there still has not been a resolution for the Deferred Action for Childhood Arrivals program.

Senate Minority Leader Chuck Schumer got an earful about the handling of the recent government shutdown and recent comments about future strategy, members of the Congressional Hispanic Caucus said.

“I think there’s a lot of conversations about, where is our leverage and how are we going to use it?” said California Democrat Rep. Nanette Diaz Barragán.

Barragán said she specifically raised comments Schumer made in The Washington Post that “can’t just let (DACA) occupy the whole stage,” referring to Democratic strategy in red states. She said she told Schumer her community felt that sent a message they weren’t a priority.

“He stood by his comment,” Barragán said of his response. Generally, she added, “He said, ‘I can understand the pain people are feeling and the frustration’ and certainly understood why people felt disappointed in where we are today. Although I think the message is, ‘We’re better off than we were.’ So I’m not sure there’s complete agreement on all fronts.”

The “tension,” as Barragán put it, was indicative of raw nerves among the Democratic caucus about whether leadership is fully committed to using all points of leverage to push for a solution on DACA, the program being ended by President Donald Trump that protected young undocumented immigrants from deportation.

One source in the room speaking anonymously to be candid called the meeting a “waste of time” that was “all filler.”

Another called it equal parts frustration and cheerleading, with an understanding that Republicans remain the main obstacle to deal with.

Shutdown strategy

House Democratic Whip Steny Hoyer called the meeting “candid,” saying the caucus is “correctly frustrated” about the situation for recipients of DACA.

“I think there were obviously some sentiments in the meeting, as you well know, that were, ‘I’m not sure we’re following the right strategy here,'” Hoyer told reporters after the meeting. “There was a candid discussion about why the strategy was being pursued and what was being pursued and what opportunities and challenges were, I think people came out with some degree of appreciation.”

Multiple lawmakers said there was frustration as Democrats rejected government funding on a Friday but voted to reopen the government on Monday when Senate Majority Leader Mitch McConnell promised to open debate on immigration on the Senate floor in February.

Barragán noted there is no commitment to an immigration vote in the House.”It’s very frustrating on the House side because it appears there’s a different situation in the House than in the Senate, we haven’t gotten any kind of commitment on the House side,” Barragán said. “And so even though on the Senate side, Sen. Schumer talks about how they have that commitment and he believes they’re going to get a vote, I think it still fails to take into consideration that strategy on the House side.”

Rep. Luis Gutierrez, an Illinois Democrat who has long served as a voice for immigration advocates in the House, said many in the room “were disappointed” in a “lack of communication” regarding the shutdown. But he also said the focus was on moving forward.

“Democrats, we’re good at fighting and I also think we’re good at mending fences, and that’s what we’re doing here,” Gutierrez told reporters. “We’re trying to figure out a way forward. … I think (Dem leaders) are committed and this isn’t over. Look, trip, you get up and you go back to fight, but we have a clear determination, we’re going to fight for the Dreamers.”

The chairwoman of the Hispanic Caucus, Rep. Michelle Lujan Grisham, called the session a combination of strategy and “venting, productively.”

“I didn’t see it as being negative,” she said. “It was an important place to come back after a week for folks to talk about their frustrations, to talk about what they think we haven’t done well, to talk about things that we think are working and to talk about all eyes on the House. What is the House going to do, how are we going to get them to do it and where are we?”

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I think the hard answer to Rep. Michelle Lujan Grisham’s question is “You won’t get the House to ‘do what you want.'” Not as long as the GOP is in the majority, the White Nationalist/Bakuninist Block of the House GOP remains intact, and “Spineless Paul” Ryan (or any other GOP Representative) remains Speaker.

In simple terms, Dems and Dreamers, you’re going to have to win some elections and get some control to bring this to a conclusion that won’t involve “giving in” to the whole (or huge chunks of the) White Nationalist, anti-American, anti-growth restrictionist agenda! Minority parties pushing minority platforms seldom get what they want. 

Instead of uselessly “ranting” and “venting”  at each other, Dreamers and Dems need to work harder to get out the vote (a few more well-placed Hispanic, African-American, and other minority votes could have changed the results of the last election) and eventually win control of something on the national level!

Clearly, while Dreamers and their cause remain popular with the overall public, there is a “vocal minority” essentially White, racist, xenophobic “core” out there that is vehemently opposed to progress and a diverse society and puts their “hate/turn back the clock agenda” at the top of their “issues list.” That’s why most GOP legislators, particularly in the House, see little or no “downside risk” to “stiffing” Dreamers — particularly if the only “downside” is an unpopular and unsustainable “Government shutdown” by the Senate Dems.

Internal bickering is not a useful substitute for putting energy and talent into “grass-roots” organizations that appeal to voters, incorporate solutions to local and regional issues, and thereby win elections! Without “victories in the political arena,” there will be no “magic strategies” that will produce decent immigration reform — for the Dreamers or anyone else who cares about America’s future as a vibrant, forward-looking “nation of immigrants.”

 

PWS

01-31-18

STATE OF DISUNION! — TRUMP TRASHES IMMIGRANTS, THREATENS TO DESTROY CIVIL SERVICE — “[A] Flabby, Divisive Speech” From A “Shell President!”

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E.J. Dionne, Jr., in the Washington Post:

“President Trump leaned heavily on the stories of American heroes in his State of the Union address Tuesday night because he didn’t have much else to say. From the Coast Guard, the fire departments, the shop floor and many other quarters they came, providing structural support for a flabby speech that was one of the least adventurous and forward-looking efforts of its kind. Without the heroes, there would hardly have been any speech at all.

And while Trump opened his speech by calling on Americans “to set aside our differences, to seek out common ground,” he kept coming back to the most divisive themes of his presidency — from “chain migration” and highlighting the role of immigrants in criminality to his calls for all to stand for the flag. Trump did not so much ask his domestic adversaries to set aside their differences as to abandon their own views. Nothing in this speech will inspire his critics with new hope that Trump is serious about negotiating anything.

Trump bragged, of course, about his tax cuts, the economy, the stock market and slashing regulations. At moments, he even sounded as though he believed in activist government, calling on the country to “invest in job training,” “open great vocational schools” and to support “paid family leave.” But there were no specifics, no sense of how budgets, strained by the very tax cuts he extolled, would actually support these objectives. Words without concrete programs are words without deeds.

Similarly, he asked Congress “to produce a bill that generates at least $1.5 trillion for the new infrastructure investment our country so desperately needs.” Notice the squirrely wording — “that generates.” He didn’t say that the plan his administration has been working on would put up only $200 billion of that big number and rely either on state and local governments or private investors to provide the rest.

And as Paul Waldman noted on The Post’s Plum Line blog, the focus on private investment would “naturally privilege projects that can generate a profit for private companies, which probably won’t be the most sorely needed upgrades.” The Trump plan would do little for the hurting parts of the country that supported Trump in 2016. Again, words without deeds.

There was one passage that did suggest a real change that Trump would seek, and it was an alarming idea.

“All Americans deserve accountability and respect. And that’s what we are giving to our wonderful heroes our veterans,” Trump said. “So tonight, I call on Congress to empower every Cabinet secretary with the authority to reward good workers and to remove federal employees who undermine the public trust or fail the American people.”

This sounded like an attack on the entire civil service system. It sounded like a demand by Trump that he and those who work for him have the right to fire federal employees whenever he or they feel like it. Perhaps this idea will come with safeguards, perhaps not. Trump didn’t say.

And the alarm this idea inspired among all who are not sold on Trump reflected the fundamental failure of the address. Trump rose before Congress in the shadow of an investigation into Russian collusion in our elections that he and his allies in Congress are doing all in their power to attack, discredit and obstruct.

This call to broaden Trump’s right to fire brought to mind what the president did to then-FBI Director James B. Comey and might do to special counsel Robert S. Mueller III. Nothing in this speech transformed the public conversation in a way that lessened the burden of scandal. Nothing suggested any change in Trump’s behavior that might lead him to govern less divisively.

Yes, we cheered the heroes. They remind us of what is good in our country. Alas, their selflessness stands in stark contrast to our politics in the Trump era.”

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Will America really be able to withstand three more years of this incompetent and immoral man occupying (without truly filling) the highest office in our country? Will our public institutions really be able to withstand continuing attacks by spectacularly unqualified cabinet members and a GOP that feels more kinship to Putin’s Russia than it does to the majority of Americans? Will whatever emerges from this national nightmare and mockery of the “American Dream” be something that only White Nationalists and oligarchs will recognize?

Oh yeah, the Federal Civil Service and some courageous and dedicated Civil Servants are the only things holding our Federal Government together right now! Once that’s transformed into a haven for incompetent political hacks (see Trump’s White House staff & Cabinet appointments) the descent into the abyss will be rapid and, perhaps, irreversible.

Stay tuned!

In addition to the “Trump blather,” there was some “real news” coming from Washington last night. After years of drama, the Washington Redskins will part ways with QB Kirk Cousins. They signed a 4-year, $71 million deal with Alex Smith (lately of the KC Chiefs). Smith, a 13-yr. vet and 3-time Pro Bowler, was the NFL’s top-rated QB last year.

I always liked Kirk at MSU (except when he was beating my Badgers) and Washington. He’ll be a spectacular addition to any team, and I wish him well (except when he plays the Packers or Washington)! I hope he gets a ton of money and some better pass protection, receivers, and defense than he had with Washington.

PWS

01-31-18