Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
THE TRUMP administration likes to justify its multi-front crusade against immigration and immigrants as a revival of the rule of law, or a recalibration of the rules to favor disadvantaged American workers. In fact, it is largely a resurrection of xenophobia that coincides with a spike, nearly 50 years in the making, in the number of foreign-born residents living in the United States.
“For decades,” Attorney General Jeff Sessions said in a speech in October, “the American people have been begging and pleading . . . for an immigration system that’s lawful and serves the national interest. Now we have a president who supports that.”
Mr. Sessions’s claims are specious. An embrace of legality is not the driving force behind the president’s decision to slash the admission of refugees to levels unseen in nearly 40 years. It is not what compelled Mr. Trump to endorse Republican legislation that would cut the annual allotment of green cards by a half-million, mainly by barring relatives of existing legal permanent residents of the United States. It is not why the Pentagon has considered ending a recruitment program that put skilled foreigners on a fast track for citizenship if they served in this country’s armed forces. And it is not why the administration favors ending the so-called diversity visa lottery program, under which immigrants are admitted from nations underrepresented in other programs.
Those programs were all legally enacted and, by and large, carried out in compliance with the law. The animating force in targeting them, as the administration is now doing, is an effort to turn back the tide of foreigners in our midst and exorcise what the president evidently sees as the demon of diversity.
The administration’s goal is not to reshape America’s immigration policy but to prune immigration itself. While Mr. Trump backs a GOP plan that would give preference to immigrants with skills rather than family connections in the United States, the effect would be not simply to shift the mix while maintaining the current level of legal immigration but to drastically reduce overall numbers of admissions.”
. . . .
Unfortunately, Mr. Trump has poisoned the debate on immigration so thoroughly that he has twisted the frame through which many Americans see the issue. His slurs — labeling Mexican immigrants as rapists and Muslim immigrants as terrorists — form the context from which the administration’s policies arise. They are affronts to U.S. tradition and values.
They’re also an assault on what Mr. Sessions refers to as “the national interest” and specifically the United States’ economic well-being. Legions of employers dependent on immigrant workers, especially to fill low-skilled jobs for which native-born Americans are too well educated and in short supply, will be harmed by choking off the flow of immigrant labor. With unemployment at a 16-year low and approaching levels unseen in a half-century, the Trump policies threaten to sap the economy by depriving it of the energy of striving newcomers who have fueled this nation’s ambitions since its founding.
It is within the president’s discretion to intensify efforts at deportation, though the humanitarian price — in shattered communities and families, including those whose children, born in this country, are Americans — is high. It is reasonable to take steps to tighten border security, though with illegal crossings already at a 40-year low and the Border Patrol’s staffing having already been doubled since the George W. Bush administration, a significant new investment along those lines faces the risk of diminishing returns. The administration may arguably have had a valid legal basis for ending the Obama-era program granting deportation protection for “dreamers” — undocumented immigrants who entered the country as children, often brought by their parents — though only a smallish minority of Americans believes they should be removed from this country.
But what value, other than sheer bigotry, is served by reducing the resettlement of refugees in the United States at a time when the number of displaced people worldwide has soared to staggering levels? In a country founded and in many respects shaped by refugees — a country that has resettled some 3 million refugees since 1980, more than any other nation — why does the Trump administration insist on turning its back on them now, when some 17 million people have been displaced from their homes across international borders around the world due to conflict or persecution, the highest number in a quarter-century?
It is clearly jarring to some Americans that the foreign-born portion of the overall population has nearly tripled since 1970. Many communities, towns and cities have been transformed culturally and socially by that surge, about a third of which was driven by illegal immigrants.
In some places, local government budgets have strained to provide services for immigrants, particularly public education, and the economic dislocation felt by many working-class Americans is a fact. But that dislocation is not mostly caused by immigrants. The United States is a more prosperous place today than it was before the surge in immigration, and immigrants have fed that prosperity — by helping to harvest America’s crops, build its cities, care for its young and elderly, and found some of its most buoyant companies.
. . . .The Trump administration’s crusade against immigration and immigrants is not just a quest to diminish the influence of the “other”; it is an assault on the nation’s future and prospects.”
Read the complete editorial at the link.
This is largely (not entirely — I believe that there is a sound legal basis for continuing DACA, for example) what I’ve been saying all along:
Jeff Sessions is a bigoted, xenophobic, anti-American scofflaw whose disingenuous, self-righteous claims to be restoring the “Rule of Law” (that would be the “Jim Crow laws” of Sessions’s Alabama past) are totally outrageous;
The real purpose of the Administration’s xenophobic program is to divide and weaken America by stirring up racial, religious, and ethnic animosities;
The “Gonzo,” arbitrary interior enforcement program serves no useful purpose other than playing to the “biases of the base” and the wishes of some (not all) disgruntled immigration enforcement agents for unbridled authority;
Our xenophobic anti-immigrant rhetoric and policies are costing us leadership and respect on the world scene (just this weekend, the Administration withdrew from the UN Global Migration Pact);
Our past strength as a nation and our future success and prosperity is based on immigration (and, the US clearly has benefitted from BOTH legal and “extra-legal” migration);
The Trump Administrations’s rhetoric and actions are preventing us from having the serious discussion we need: how we can better regulate (not cut off, diminish, or eliminate) future legal migration of all types to serve our national interest (and to be more “in tune” with “market realities” that drive much immigration), reflect our humanitarian values and the legitimate needs of current and future migrants, and encourage use of our legal immigration system, thereby diminishing the incentives for extra-legal migration.
As long as U.S. immigration policy remains in the hands of White Nationalist xenophobes like Trump, Sessions, Miller, and Bannon (yes, Stevie “Vlad the Lenin” has vacated his perch in the West Wing, but he continues to pull strings through his White Nationalist disciples Sessions and Miller and to stir the pot through his alt-right “news” apparatus Breitbart News) we won’t get the constructive dialogue and the humane, realistic “immigration reform” that we really need. In other words, under current leadership, the real “Rule of Law” will continue to be diminished.
“One of the biggest future crises in U.S. health care is about to collide with the hottest political issue of the Trump era: immigration.
As the largest generation in American history – the baby boom – heads into retirement and old age, most of those aging boomers will need someone to help take care of them for at least some portion of their twilight years. Demand for home health aides is expected to outstrip the growth for nearly all other jobs in coming decades, with the Bureau of Labor Statistics projecting the number of home health aide positions will increase 38 percent by 2024. That puts it among the top five fastest-growing U.S. occupations.
So who’s going to do it? The question is one of the biggest uncertainties looming over not only the health care, but the labor market overall. Health policy experts have been raising the alarm for some time: No matter how you look at it, the United States is going to need a lot more caretakers and home health aides. And we’re going to need them soon.
Right now, immigrant workers fill a significant share of the formal and informal caretaker workforce. In health care overall, immigrants (both legal and undocumented) make up roughly 17 percent of workers, on par with their representation in the broader labor force. When it comes to home health care, however, that figure is considerably higher: about 24 percent, according to the nonpartisan Migration Policy Institute.
There’s a reason foreign-born workers take so many home health jobs: they’re low-paid, low-skilled and increasingly plentiful. Barriers to entry are low; a high school degree is not usually a requirement and neither is previous work experience. Much caretaking comes from family members, of course. But with families getting smaller, more Americans living alone and chronic diseases growing more complex, a lot of that care in the future will need to come from professionals.
The job also isn’t easy. Home health aides can be tasked with bathing and feeding clients, cleaning the person’s house, driving them to doctor’s appointments and even helping with trips to the bathroom. It’s one of those occupations that comes to mind “when people say that immigrants do the jobs that Americans don’t want to do,” notes Patricia Cortés, an assistant professor of markets, public policy and law at Boston University’s Questrom School of Business.
Bianca Frogner, an associate professor at the University of Washington School of Medicine, said the low barriers to entry make it a natural fit for immigrants who are new to the U.S. workforce. “It’s easy to get into and they’re in high demand,” she said.
This is where politics comes in: The current move to curb immigration threatens to cut off the main supply of potential new workers to care for aging Americans.
Illegal immigration isn’t the issue. The home health care immigrant workforce is vastly legal. The Pew Research Center found that just 4 percent of nursing, psychiatric and home health aides are in the country without legal status, based on an average from 2005 to 2014. Some home health aide positions require certification, which may drive down the ranks of undocumented immigrants in those positions.
The question for the health care system is what will happen to the flow of legal immigrants. Trump and immigration hawks in Congress have endorsed a bill that would cut legal immigration in half over a decade. The bill would also refocus the immigration system to prize better-educated and more highly skilled immigrants — potentially choking off the supply of lower-skilled workers who are the likeliest candidates to fill the home health aide jobs of the future.
In theory, native-born Americans could take some of those jobs, but there are reasons to assume they won’t.
. . . .
The strange thing about home health care work is that immigrants don’t appear to drive down wages, as happens in some other fields. If anything, they tend to push wages higher. Naturalized citizens who worked as nursing, psychiatric and home health aides earned 22 percent more than their U.S.-born counterparts, according to 2015 American Community Survey data analyzed by the University of Washington Center for Health Workforce Studies.
Lindsay Lowell of Georgetown University’s Institute for the Study of International Migration, said the wage phenomenon and the fact that the work is a natural fit for new immigrants make it a no-brainer: Immigrants are our best caretaking option for the foreseeable future. “You put all that together,” Lowell said, “and I think it’s a good thing.”
Read the complete article at the link.
In a sane system led by competent individuals with the common good in mind, this would be a “no brainer.” Legalize the existing undocumented workforce to provide some “upward and sideways” mobility to staff these jobs in the short run, while expanding legal immigration opportunities for these positions in the future. More legal immigration would also contribute to the tax coffers and add needed workers to the Social Security contribution base. Moreover, it would conserve considerable Government funds now being squandered on counterproductive immigration enforcement and unnecessary detention, as well as relieving the pressure on the overwhelmed Immigration Courts. That, in turn, would free up enforcement resources to concentrate on removing serious criminals and shutting down international smuggling cartels.
However, when policy is driven by bias, prejudice, and irrationality, as with guys like Trump, Sessions, Bannon, Miller, and the “RAISE Act Bunch” the results are a lose – lose.
“Will President Trump’s assault on the norms underpinning constitutional democracy permanently alter American political life?
On a daily basis, Trump tests the willingness of the public to accept a president who lies as a matter of routine. So far, Trump has persuaded a large swath of America to swallow what he feeds them.
. . . .
As Sasha Polakow-Suransky, the author of “Go Back to Where You Came From: The Backlash Against Immigration and the Fate of Western Democracy,” warns in The New York Review of Books:
Liberal democracies are better equipped than authoritarian states to grapple with the inevitable conflicts that arise in diverse societies, including the threat of terrorist violence. But they also contain the seeds of their own destruction: if they fail to deal with these challenges and allow xenophobic populists to hijack the public debate, then the votes of frustrated and disaffected citizens will increasingly go to the anti-immigrant right, societies will become less open, nativist parties will grow more powerful, and racist rhetoric that promotes a narrow and exclusionary sense of national identity will be legitimized.
I contacted several of the participants at the Yale gathering and was struck by their anxiety over the future prospects of democratic governance.
One of the most insightful was Adam Przeworski, a political scientist at N.Y.U., who has written, but not yet published, his own analysis of current events under the title “What’s Happening.”
First and foremost, Przeworski stresses,
there is nothing “undemocratic” about the electoral victory of Donald Trump or the rise of anti-establishment parties in Europe.
These parties and candidates, he points out:
Do not advocate replacing elections by some other way of selecting rulers. They are ugly — most people view racism and xenophobia as ugly — but these parties do campaign under the slogan of returning to ‘the people’ the power usurped by elites, which they see as strengthening democracy. In the words of a Trump advertisement, “Our movement is about replacing a failed and corrupt political establishment with a new government controlled by you, the American people.”
In support of Przeworski’s argument, it is clear that the success of the Trump campaign in winning the Republican nomination was the result of a classic democratic insurgency: the Republican electorate’s rejection of its party’s establishment.
The danger in the United States, in Przeworski’s view, is the possibility that the Trump administration will use the power of the presidency to undermine the procedures and institutions essential to the operation of democracy:
That the incumbent administration would intimidate hostile media and create a propaganda machine of its own, that it would politicize the security agencies, that it would harass political opponents, that it would use state power to reward sympathetic private firms, that it would selectively enforce laws, that it would provoke foreign conflicts to monger fear, that it would rig elections.
Przeworski believes that
such a scenario would not be unprecedented. The United States has a long history of waves of political repression: the “Red Scare” of 1917-20, the internment of Japanese citizens during World War II, the McCarthy period, the Nixon presidency.
Along similar lines, Anna Grzymala-Busse, a political scientist at Stanford, replied by email to my inquiry:
My big worry is not simply that formal institutions have been eroded, but that the informal norms that underpin them are even more important and even more fragile. Norms of transparency, conflict of interest, civil discourse, respect for the opposition and freedom of the press, and equal treatment of citizens are all consistently undermined, and without these the formal institutions become brittle.
Trump, in Grzymala-Busse’s assessment, “articulates a classic populist message that we see in Europe: the elite establishment is a collusive cartel uninterested in the problems of ‘the people,’” and, she continued, he has begun to follow the path of European populist leaders:
Much of Trump’s language and actions are also familiar: there is a standard authoritarian populist template, developed in Hungary and faithfully followed in Poland and in Turkey: first, go after the courts, then the media, then the civil society, churches, universities.
The attacks on the courts, media and universities
are not simply the ravings of a lunatic, but an established strategy for undermining democratic oversight and discrediting the opposition.
Trump takes his own particular combination of ignorance, bluster and malice, and sets it off like a nuclear bomb of misinformation. The fallout spreads throughout the country, and no volume of corrections and fact checks can stop it. It wasn’t even part of a thought-out strategy, just a loathsome impulse that found its way out of the president’s mouth to spread far and wide.
Trump’s recklessness is disturbing enough on its own. But what makes it especially threatening is that much of the public — well beyond the 40 percent of the electorate that has shown itself to be unshakable in its devotion to the president — seems to be slowly accommodating itself to its daily dose of the Trump reality show, accepting the rhetorical violence that Trump inflicts on basic standards of truth as the new normal.”
Read Edsall’s full, much longer, article at the link.
An immigration policy based on xenophobia, racism, and White Nationalism, rather than on any rational, generally accepted socio-economic analysis, is at the heart of the Trump–Bannon-Sessions-Miller attack on America’s democratic institutions. As I said earlier today, “The Trump Administration, and its ‘fellow travelers’ among GOP politicos and voters, is the biggest threat to our national security and the future of American Democracy.”
“Washington (CNN)Democrats are raising alarms that more than a quarter of eligible recipients under the Deferred Action for Childhood Arrivals program have not yet filed to renew their status ahead of Thursday’s deadline.
According to data provided Wednesday by a senior Democratic congressional staffer and confirmed to CNN by US Citizenship and Immigration Services, 42,669 individuals nationwide — or 27.7% of the 154,234 people eligible — had not submitted their applications. That was slightly down from roughly 48,000 that the Department of Homeland Security said Tuesday hadn’t yet submitted.
When President Donald Trump announced the end of the program, known as DACA, a month ago, he put in place a six-month delay on expiring protections by allowing any recipient whose DACA expires by March 5 until Thursday to apply for a two-year renewal. Otherwise, the program that protects young undocumented immigrants brought to the US as children from deportation will begin to end on March 5, as the two-year permits of nearly 700,000 active protectees begin to run out.
Democrats have repeatedly implored DHS to extend the deadline, saying one month to gather paperwork — and the roughly $500 application fee — is not long enough for those affected.
Trump sketches out DACA deal with Republicans at White House dinner
They’ve been especially critical of DHS for not making special consideration for DACA recipients in states hit by hurricanes Irma and Harvey, though DHS did announce Tuesday it would make case-by-case decisions for recipients in Puerto Rico and the Virgin Islands affected by Maria.
The frustration bubbled up at a Senate hearing Tuesday, where Illinois Democratic Sen. Dick Durbin cited considerations the Internal Revenue Service was making for Texas, Louisiana and Florida residents.
“May I implore you, implore you, to do the same thing at DHS that our own Internal Revenue Service is doing,” Durbin said to the DHS officials testifying. “If it’s good enough for our tax collectors to have a heart, isn’t it good enough for DHS to have a heart?”
Senators’ frustration with Trump on DACA bubbles up at hearing
According to the Wednesday data, more than 2,600 of eligible recipients in Texas had yet to submit renewals, 28% of the total eligible in that state. In Florida, more than 2,000, or 35% of those eligible, had yet to renew. In the US islands hit by Irma, 16 of the 37 eligible hadn’t yet renewed.
Democrats have also been frustrated with DHS over its notification process, saying without individual notifications to those eligible for renewal, the administration should extend the deadline.
“We are very concerned that because DACA recipients were not individually notified of their eligibility for renewal, tens of thousands of DACA recipients could lose their work authorization and DACA status protections,” Congressional Hispanic Caucus leaders wrote in a letter to acting DHS Secretary Elaine Duke on Tuesday repeating a request to meet about extending the deadline.
Trump said he was putting in place the six-month window to give Congress a sense of urgency to put the Obama administration executive action into law.
But despite Tuesday’s hearing, multiple working groups and meetings the President has had with lawmakers at the White House, little substantive progress has been made.
The fault lines have remained consistent. Democrats support the bipartisan Dream Act that would protect eligible young immigrants who arrived as children and put them on a path to citizenship. They say they could accept border security as a compromise with it, but insist they will not vote for anything that could put the families and friends of those protected at greater risk of deportation.
DACA deal: A list of just some of the things that could go wrong
But Republicans are also insistent that any DACA deal must include border security and likely immigration enforcement measures, and the more conservative members of the party are suggesting policies — like mandatory worker verification, cuts to the legal immigration system and expanded deportation authority — that would be almost impossible to get Democrats to agree to.
Any solution would likely have to include Democrats, as they’ll be needed for passage in the Senate and to make up for Republicans in the House who would never vote for any DACA deal. But House Speaker Paul Ryan has also pledged not to move any bill that doesn’t get the votes of a majority of Republicans, limiting the options.
Durbin was joined on Tuesday at the hearing by Sen. Thom Tillis, R-North Carolina, in urging lawmakers and the White House to not try to concoct too big a compromise. Tillis has sponsored legislation similar to Durbin’s Dream Act that he bills as a conservative DACA solution.
Responding to a wish list articulated by a DHS senior staff member testifying about the White House’s aims, Tillis grew frustrated and urged members to focus on a narrow deal as a starting point.
“It reads like a laundry list for comprehensive immigration reform, and if Congress has proven an extraordinary ability to do anything, it’s to fail at comprehensive immigration reform,” Tillis said.”
Bad news on all fronts for Dreamers, and for America. Over at the White House, notorious White Nationalist xenophobe racist and Sessions confidante Stephen Miller is plotting to destroy any chance of compromise legislation to aid Dreamers by attaching reductions in legal Immigraton and other parts of the White Nationalist agenda to the bill.
“The White House is finalizing a plan to demand hard-line immigration reforms in exchange for supporting a fix on the DACA program, according to three people familiar with the talks — an approach that risks alienating Democrats and even many Republicans, potentially tanking any deal.
The White House proposal is being crafted by Stephen Miller, the administration’s top immigration adviser, and includes cutting legal immigration by half over the next decade, an idea that’s already been panned by lawmakers in both parties.
The principles would likely be a political non-starter for Democrats and infuriate Senate Minority Leader Chuck Schumer and House Minority Leader Nancy Pelosi, who have negotiated with President Donald Trump on immigration and left a White House meeting last month indicating a solution was near. They could also divide Republicans, many of whom oppose cutting legal immigration.
Miller was upset after Trump’s dinner last month with Schumer and Pelosi and has been working since to bring the president back to the tougher stance he took during his campaign.
Miller has begun talking with Hill aides and White House officials about the principles in recent days. The administration is expected to send its immigration wish-list to Congress in the coming days, perhaps as soon as this weekend, said the people familiar with the plan, who include two administration officials. They requested anonymity to discuss the ongoing negotiations.
A White House official cautioned that the plans have not been finalized and could still change. Miller didn’t respond to a request for comment.
Unless they change dramatically from their current form, the immigration principles could short-circuit congressional negotiations aimed at finding a fix to DACA, or the Deferred Action for Childhood Arrivals program — the Obama-era initiative that grants work permits to undocumented immigrants who arrived in the United States as minors.
“Handing Stephen Miller the pen on any DACA deal after the revolt from their base is the quickest way to blow it up,” said a senior Democratic Senate aide.
Lawmakers on both sides of the Capitol panned an earlier White House immigration proposal spearheaded by Miller, the RAISE Act, when the White House rolled it out in August. Republicans including Sens. Lindsey Graham of South Carolina and Ron Johnson .)of Wisconsin all but declared the proposal dead on arrival.
Trump announced last month that he would end the DACA program, but he said he’d give Congress six months to come up with a legislative solution.
Despite Trump’s efforts to make nice with Schumer and Pelosi, Republican lawmakers signaled this week that the president is prepared to demand tough immigration measures as part of the negotiations.
In addition to provisions in the RAISE Act, the White House’s immigration principles also include parts of the Davis-Oliver Act, including measures that would give state and local law enforcement power to enforce immigration laws, allow states to write their own immigration laws and expand criminal penalties for entering the U.S. illegally.
The principles would also incorporate a provision from the Davis-Oliver Act that puts the onus on Congress to designate Temporary Protected Status, which allows immigrants to temporarily stay in the United States because they are unable to return to their home country as a result of a natural disaster or other dangerous circumstances.
The Davis-Oliver Act gives Congress 90 days to approve a measure extending TPS protections to a foreign state. If Congress does not act, the designation will be terminated. Lawmakers have raised concerns that Congress will be unable to agree on the designations, effectively killing the program.
In addition, the principles call for billions of dollars in border security, as well as money for detention beds and more immigration judges, according to the people familiar with them. Republicans are likely to support those moves.”
Miller’s proposals are right out of the White Nationalist restrictionist playbook. It will be a non-starter for Democrats. Additionally, no decent human being of any party should ever be associated, in any way, with any idea emanating from the arrogant racist Miller.
If Miller is involved, Dreamer relief is DOA. That means that Dreamers are likely to be left to fight out their future one case at a time in the Federal Courts and in the Immigraton Courts. Given the existing 630,000+ case backlog in the U.S. Imigration Courts, and the relatively cumbersome process for restoring “Dreamer” cases to the Immigraton Court Docket, not many will actually be removed from the United States before 2000.
I also think that Dreamers will have a reasonable chance of succeeding in the Article III Courts in barring DHS from relying on any evidence furnished as part of the DACA application and interview process as evidence of removability. That’s likely to throw a further monkey wrench into any enforcement initiative aimed at Dreamers.
So, the best strategy might prove to be working hard to remove the Trump regime and enough White Nationalist GOPers through the ballot box to create a climate for reasonable immigraton reform in 2021.
Sad, but probably true. A country that mistreats its youth in this manner can expect “very bad things” to happen in the future.
“Having seen the Sessions DOJ prosecute someone for laughing at Jeff Sessions, it’s hardly surprising that he wants a First Amendment that celebrates the robust criticism of everyone but himself. Watching Sessions’ DOJ going after private Facebook information for anti-Trump activists, it’s hardly surprising that these much-vaunted free speech protections flow in the direction of Trump officials and away from Trump dissenters. It is, nevertheless, somewhat more surprising to see that the burgeoning theory that conservatives deserve free speech protections, and liberals deserve none, is becoming yet another normalized part of this abnormal administration. After all, if you cannot even see anyone from the opposing side, you certainly have no reason to hear their voices. And what was most striking about Sessions’ rousing performance at Georgetown is that he didn’t seem to even notice or concede that an opposing side exists. This has very real practical effects for his DOJ and for our rule of law.
Read, for example, the work of my friend Garrett Epps on the stunning DOJ brief filed in the Masterpiece Cakeshop v. Colorado Civil Rights Commission “religious baker” case to be heard at the Supreme Court this fall. The Justice Department evinces no solicitude at all for the injuries of anyone but the Christian baker at issue, the one who seeks not to be compelled to make a wedding cake for a gay couple. Sessions’ Department of Justice, for instance, argues that Colorado hadn’t yet acknowledged the rights of marriage equality at the time of the cake incident, so the fact that such equality is now a constitutional right should not even be considered. It’s a hard case, as Epps notes. But it’s vastly easier if you simply pretend away the interests of the other side. For this DOJ, there is nobody else on the radar. Nobody else exists.
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When talking about the First Amendment and the brutal and challenging clash of diverse opinions, a big part of that is the obligation to listen to ideas that might be uncomfortable or even painful to hear. But that relationship presupposes that we can see or acknowledge that there are speakers on the other side. More and more, it feels as though the Trump administration’s aperture has narrowed to the point where someone can espouse First Amendment values while viewing genuine opponents as wholly other, foreign, and not even worth giving the chance to respond. This is the framing for the NFL protests (Trump has free speech rights, the players do not) and the framing for Sessions’ speech about student speech.
There’s little doubt that Jeff Sessions meant it when he importuned the students before him to stand up for free speech and to spend their law school careers refining their own views in opposition to conflicting ideas. But it’s far from clear that he realized how absurd it was to say those things at an event that excluded faculty and students with different viewpoints. Admonishing law students to spend their time testing their pre-existing views against alternate ideas while engaging in almost daily acts of punishing and suppressing speech and expression of alternate ideas is insane. I’m not sure that the sparking, hotly contested debates between people who hate marriage equality and the people who really, really hate marriage equality is the sort of dispute Justices Jackson and Brandeis were thinking about.
And what is terrifying is the possibility that Sessions truly believes that people with different viewpoints don’t even exist anymore in any tangible application. These dissenters are all just enemies of the state. They are no more real to him than ghosts. More and more, Sessions is constructing a Justice Department in which the other side is just noise to him, not speech. And if you cannot even see protesters and political dissidents, it’s hardly a surprise that you cannot hear them either.”
Read Lithwick’s complete article at the link.
I have to admit that it’s great to be retired, outside the repressively paranoid atmosphere of the DOJ (and that was before the reign of Gonzo began), and able to exercise my right to free speech again.
Sessions is enthusiastic about defending the right to promote hate speech, religious zealotry, and homophobia, all things in which he and his alt-right cronies fervently believe. But, when it comes to defending the rights of Blacks, Hispanics, immigrants, and the rest of us to protest, or in the case of Blacks and Hispanics to even exercise their voting rights, not so much.
Gonzo’s career has been built on disingenuously promoting bias, racial inequality, xenophobia, homophobia, intolerance, and white privilege in the name of a Constitution that it’s hard to believe he’s ever read much less understands or follows. Other than Trump, Bannon, or Miller, I can’t imagine anyone less qualified than Gonzo to pontificate about the First Amendment, or indeed any portion of the U.S. Constitution other than, perhaps, the Second Amendment which apparently is the only part of the Constitution they have ever heard about down in Ol’ Bammy.
“On September 4, immigration judge Denise Slavin followed orders from the Department of Justice to drop everything and travel to the U.S.-Mexico border. She would be leaving behind an overwhelming docket in Baltimore, but she was needed at “ground zero,” as Attorney General Jeff Sessions called it—the “sliver of land” where Americans take a stand against machete-wielding, poison-smuggling criminal gangs and drug cartels.
As part of a new Trump administration program to send justices on short-term missions to the border to speed up deportations and, Sessions pledged, reduce “significant backlogs in our immigration courts,” Slavin was to spend two weeks at New Mexico’s Otero County Processing Center.
But when Slavin arrived at Otero, she found her caseload was nearly half empty. The problem was so widespread that, according to internal Justice Department memos, nearly half the 13 courts charged with implementing Sessions’ directive could not keep their visiting judges busy in the first two months of the new program.
“Judges were reading the newspaper,” says Slavin, the executive vice president of the National Immigration Judges Association and an immigration judge since 1995. One, she told POLITICO Magazine, “spent a day helping them stock the supply room because she had nothing else to do.”
Slavin ended up leaving Otero early because she had no cases her last day. “One clerk said it was so great, it was like being on vacation,” she recalls.
In January, President Donald Trump signed an executive order directing the DOJ to deploy U.S. immigration judges to U.S. detention facilities—most of which are located on or near the U.S.-Mexico border. The temporary reassignments were intended to lead to more and faster deportations, as well astake some pressure off thecurrently overloaded immigration court system. But, according to interviews and internal DOJ memos, since the new policy went into effect in March, it seems to have had the opposite result: Judges have frequently had to cancel cases on their overloaded home dockets only to find barely any work at their assigned courts—exacerbating the U.S. immigration court backlog that now exceeds 600,000 cases.
According to internal memos sent by the DOJ’s Executive Office of Immigration Review (EOIR) and obtained by the National Immigrant Justice Center (NIJC) via a Freedom of Information Act request, judges delayed more than 20,000 home court hearings for their details to the border from March to May.
“I canceled about 100 cases in my home court to hear 20,” says Slavin, who was forced to postpone those Baltimore hearings by a year since her court schedule was already booked through most of 2018. In Otero, she had no more than 50 hours of work over the course of two weeks (she typically clocks 50 hours per week in Baltimore). But she couldn’t catch up on her work at home because she had no access to her files.
Her three colleagues at the facility who had also been ordered there by the DOJwere no busier. One who had been sent to Otero previously told her the empty caseloads were normal.
“Sending judges to the border has made the backlog in the interior of the country grow,” says Slavin, “It’s done exactly the opposite of what they hoped to accomplish.”
On April 11 in Nogales, Arizona, Sessions formally rolled out the DOJ’s judge relocation program. “I am also pleased to announce a series of reforms regarding immigration judges to reduce the significant backlogs in our immigration courts,” he told the crowd of Customs and Border Protection personnel gathered to hear him. “Pursuant to the president’s executive order, we will now be detaining all adults who are apprehended at the border. To support this mission, we have already surged 25 immigration judges to detention centers along the border.”
The idea was to send U.S. immigration court judges currently handling “non-detained” immigration cases—cases such as final asylum decisions and immigrants’ applications for legal status—to centers where they would only adjudicate cases of those detained crossing the U.S.-Mexico border, along with others who had been picked up by ICE for possible deportation. More judges would follow, the attorney general said.
But as Sessions spoke, nearly half of those 25 “surge” judges—whose deployments typically last two weeks or a month—were largely unoccupied. One week before the attorney general’s Nogales announcement, EOIR—the Justice Department office that handles immigration cases—published an internal memo identifying six of 13 detention centersas offering inadequate work for their visiting justices.
“There are not enough cases to fill one immigration judge’s docket, let alone five,” the DOJ wrote of Texas’ T. Don Hutto facility, which had been assigned five Miami judges to hold hearings via video teleconference with the women detained there.
One judge sent to the South Texas Residential Center, a family detention facility, had no cases at all; a judge at another family facility, Karnes Residential Center, had a “light” docket; and Texas’ Prairieland Detention Center, which had received a judge, also was “not receiving enough cases to fill a docket or even come close to it,” the memo stated.
The two judges assigned to New Mexico’s Cibola Detention Facility also had barely any work to do, and Louisiana’s La Salle Detention Center—not on the border but treated as such in its receipt of five “surge” judges—had similarly been overstaffed. “There is not enough work for five judges,” said one DOJ memo. “There is enough work for a reasonable docket and three judges.”
The Justice Department documents also revealed a number of logistical issues with the border courts, including a lack of phone lines or internet connectivity, and noise infiltrating the courtroom from the detention facility. “The courtrooms at Imperial Regional Detention Facility are not suitable for in-person hearings because security is wholly inadequate,” said one memo of the California facility. “The court cannot do telephonic interpreters and the request for in-person interpreters remains pending. … Last week an immigration judge was left in the courtroom without a bailiff.”
Meanwhile, the judges sent to the border were forced to abandon thousands of home court cases—which the DOJ was aware could increase pressure on the U.S. immigration court system, where a specialized cadre of judges handles questions over whether people can remain in the country or face deportation. “It is likely that the backlog will increase for the locations from which a judge is assigned,” predicted one March 29 document, which also projected the deployments would cost $21 million per fiscal year.
Within the first three months of the program, judges postponed about 22,000 cases around the country, including 2,774 in New York City alone, according to the DOJ memos. (The delays added to an already clogged system: New York City’s immigration court backlog stood at 81,842 as of July, according to the immigration data tracker TRAC Immigration.)
When asked about these FOIA documents, and why the DOJ had deployed judges where they were not needed, a Justice Department spokesmanresponded that the program had improved in recent months. “After the initial deployment, an assessment was done to determine appropriate locations to increase the adjudication of immigration court cases without compromising due process,” he said.
Immigration judges and advocates acknowledge that the program has slightly improved since May—but many say that’s largely because the DOJ is sending fewer judges on temporary missions. “Some of the least productive assignments have either been discontinued or converted to video teleconferencing hearings, and it seems that fewer judges are being sent overall,” says National Association of Immigration Judges President Dana Marks, who serves as an immigration judge in San Francisco. But, she says, “the basic problem still persists.”
More than 100 total judges have been reassigned since March, but Politico was not able to obtain data on whether deployments are declining or increasing, or how many judges are still facing empty caseloads.
The spokesperson declined to comment on Slavin’s experience at Otero. But the DOJ discontinued deployments to Otero this month, as soon as Slavin completed her assignment there.
The U.S. immigration court backlog has increased under Trump, moving from 540,000 in January to 600,000 in July. But the DOJ spokesperson denied thatthe deployments were responsible for the bump, instead blaming the overloaded system on the Obama administration’s policies. He noted that the first six months of the Trump administration had seen a14.5 percent increase in final immigration court rulings from the previous year,and that more than 90 percent of cases by “surge” judges had led to deportation orders.
But just because judges have ruled on more cases doesn’t mean the Trump administration hasn’t worsened the backlog, NIJC communications director Tara Tidwell Cullen says. In fact, it could likely mean the opposite. Trump’s first six months in power saw 40 percent more immigration arrests in the country’s interior than the year before, adding more cases to already overloaded dockets.
“The ‘home’ courts where judges are sent from continue to be understaffed and their caseloads are adversely impacted as judges are sent to temporary assignments,” adds Marks, the San Francisco judge. Adding to the problem, she points out, istheadministration’s decision to detain immigrants without allowing the Department of Homeland Security to grant them bonds. Now, detainees have to go to immigration court to get a bond, creating extra work for those justices.
Not everyone thinks sending judges to the border is a bad idea.
“The best use of resources is to throw them all at detention,” says Leon Fresco, who served as deputy assistant attorney general under President Barack Obama. Judges typically release individuals detained for more than 90 days with no trial on habeas corpus, he explains, in which case the government has “wasted money in detaining them” to start. Better, then, to hear all the detained cases quickly.
Any administration will have to make tough calls, says Fresco. “You have just about 300 judges to hear more than 500,000 cases, so you have to prioritize.” Under Obama, the DOJ—while it hadn’t sent judges to the border—had also prioritized recent border crossers in order to send a message that the U.S. would immediately hear their cases, rather than allow them to “wait eight years to be adjudicated” while staying in the country, Fresco says. Trump’s priorities similarly send a message to potential border crossers that “we do have quick justice.”
The problem, Fresco adds, is that the Trump administration has been clumsy in its border deployments—sending judges to places where they aren’t needed. “There are ways to do this, but they need to be more flexible and nimble, and they’re not being as nimble as they can be,” he says. “EOIR is an agency badly in need of some sort of consulting firm. … There’s still too little rhyme or reason about how case assignments work—you shouldn’t have weeks with judges with hours of idle time.”
Chicago immigration judge Robert D. Vinikoor says his deployment went smoothly. He had a full caseload in his two-week detail at Otay Mesa Detention Center in San Diego this April, and he maintains that the reassigned judges were necessary to get immigrants out of detention as expeditiously as possible. “DHS is detaining more and more people and keeping them in custody, so that’s the need for the judges,” says Vinikoor, who retired in June after serving 33 years as an immigration judge. “The question is: Are they over-detailing? In some cases they put the cart before the horse.”
But Marks, who has been an immigration judge for 30 years, disagrees. Even if the DOJ gets deployments right, she says, the surge policy shows the administration has the wrong priorities. She says the administration’s biggest mistake was making a “politically motivated decision” and not consulting immigration judges. “The judges weren’t asked and that’s always been our big frustration,” she says.” The judges are the ones who are the experts in handling their cases.”
Marks notes that her union had similar frustrations with the Obama administration’s prioritization of recent border crossers—predominantly Central American women and children seeking asylum—to send a message they would be deported quickly if they could not prove they qualified for asylum. That decision, she says, worsened the backlog, too.
The overloaded system jeopardizes due process for immigrants, says NIJC’s policy director Heidi Altman, who filed the FOIA for EOIR’s memos after hearing about “chaos” in the courts when the border details began.
“When the backlog is exacerbated it makes it exponentially harder for us and other legal services to take on clients,” says Altman, whose NIJC organizes pro-bono attorneys handling immigration cases, which do not guarantee legal representation. Without a lawyer handling a case, she says, it is less likely to proceed fairly.
But there’s another reason that Trump might want to reconsider the border surge, says John Sandweg, former acting director of ICE under the Obama administration: It takes the pressure off the undocumented immigrants who have lived in the country for years and may be fighting to prevent an order of deportation.“They’re basically giving amnesty ironically to the non-detained docket.”
“By shifting the judges away they’ll never have their hearing so they’ll never be ordered deported,” he says. “You’re letting them stay.”
“An emerging list of conservative demands is threatening to derail the fledgling bipartisan effort to preserve the Obama administration program protecting from deportation 690,000 illegal immigrants brought to the United States as children.
President Trump discussed the outlines of a potential deal to protect those covered by the Deferred Action for Childhood Arrivals program with Democratic congressional leaders at a White House dinner this month. The tentative deal would couple permanent protections for those immigrants with improved border security.
But key conservative Republicans in the House and Senate are coalescing around a broader suite of policies as a condition of backing a deal, and that has Democrats and moderate Republicans warning that the current, fragile consensus could quickly break apart.
In the Senate, James Lankford (R-Okla.) and Thom Tillis (R-N.C.) introduced a conservative alternative this week to the Dream Act, a bipartisan bill that has some moderate Republican support and that Democrats want to pass as part of any deal with Trump.
[Trump, top Democrats agree to work on deal to save ‘dreamers’ from deportation]
The Lankford-Tillis bill, known as the Succeed Act, sets out a more onerous path to legal status for the immigrants in question, and it includes provisions barring them from taking advantage of existing laws that allow legal immigrants to petition authorities to allow foreign relatives to come to the United States.
Critics say those laws foster “chain migration,” inflating the amount of legal immigration. Eliminating the possibility of petitioning on behalf of relatives abroad is among another set of policies that House conservatives are pursuing on a separate track.
Key White House officials, including senior adviser Stephen Miller, have worked with members of the hard-right House Freedom Caucus and other Republican lawmakers to hone a list of policy demands that go beyond the border security provisions on which Democrats have signaled they are willing to negotiate.
It is unclear to what extent Trump himself will support these provisions as part of the effort to negotiate a solution for “dreamers,” as the childhood arrivals are known. But the proposals are gaining adherents among some of the president’s strongest backers in Congress.
[Trump administration announces end of immigration protection program for ‘dreamers’]
Rep. Mark Meadows (R-N.C.), the Freedom Caucus chairman, said in an interview this week that a working list of policies that conservatives may demand includes ending the “chain migration” laws; mandating that employers use E-Verify, an online federal system to determine people’s eligibility to work in the United States; stepping up enforcement against those overstaying legitimate visas; and limiting protections for those who seek asylum at U.S. borders.”
Read the rest of the article at the link.
These toxic dudes never miss a chance to push their White Nationalist anti-American agenda. Frankly, we don’t need to plow more resources into already perfectly adequate border security, and there is certainly no need for more immigration agents who have so little to do now that they can squander time busting law-abiding American residents, guarding their agency bosses, staking out hospitals and courthouses, and screwing up already out of control Immigration Court dockets. Where’s the accountability for efficient and rational use of resources? But, those could be trade-offs that the Dems could make to save the Dreamers. (Honestly, given some of the other garbage the GOP has put out there, funding “The Wall” seems like the least harmful of the trade-offs in human terms. Money gets wasted, America looks foolish, but nobody gets hurt and it won’t tank our economy like the restrictionist agenda on legal immigration would).
But, the hard core xenophobic White Nationalist agenda being pushed by Miller, the “Freedom” Caucus, and other restrictionists out to limit legal immigration, deny due process, and make a mockery out of our legal and moral obligations to refugees — No Way! The Dems would have to “Just Say No.”
The “Ace in the Hole” for the Dems: There is neither the ability nor the moral willingness on the part of the majority of decent Americans to deport 800,000 American young people. They might end up “hanging in limbo” till some future date when responsible government once again gains the upper hand over the “wrecking crew.”
James Hohmann writes in then”Daily 202″ in the Washington Post:
“THE BIG IDEA: Photographers caught a giddy Jeff Sessions cracking a satisfied smile last week as he prepared to announce that 690,000 undocumented immigrants who had been brought into the United States as minors would no longer be shielded from deportation. The Deferred Action for Childhood Arrivals program “is being rescinded,” the attorney general declared in the first line of his statement. “There is nothing compassionate about the failure to enforce immigration laws. … Failure to enforce the laws in the past has put our nation at risk of crime, violence and even terrorism. … The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” Fact checkers called these and other claims Sessions made about the immigrants known as “dreamers” dubious or outright false. Perhaps that’s why he didn’t take questions afterward. Regardless, the speech was widely covered as a triumph for the nation’s chief law enforcement officer and a sign that he was out of President Trump’s doghouse. Not only did Sessions get the outcome he wanted; he also got to deliver the news from the Justice Department briefing room. Trump’s DACA decision last week seemed to validate Sessions’s decision to slog on through the summer even after being frozen out of the inner circle. From interviews to tweets, Trump repeatedly attacked his attorney general throughout July as “weak” and “beleaguered.” The main reason Sessions chose to put up with indignities that might cause most people to quit was because he believed he could make a difference on immigration policy. That has always been his signature issue and animated his two decades in the Senate.
— But it took less than 10 days for Trump to once again undercut Sessions. The president on Thursday signaled his embrace of granting permanent legal status to these “dreamers” as part of a deal with Democrats that he said is close to being finalized. He also acknowledged that he’s not going to make a deal to save DACA contingent on getting funding for the wall he wants to build along the U.S.-Mexico border.
Discussing the exact same group of people that Sessions painted with such a sinister brush one week earlier, Trump tweeted yesterday: “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!” Trump tweeted yesterday. “They have been in our country for many years through no fault of their own — brought in by parents at young age.”
Read the rest of Hohmann’s always-entertaining column at the above link.
Quite simply, Jeff “Gonzo Apocalypto” Sessions is a poor excuse for a human being and a disgrace to the U.S. Department of Justice. What kind of person is motivated by a desire to destroy our society by hurting fine American young people and smearing them with lies and innuendo?
But, let’s not forget who empowered his message of hate and fear by appointing him, and who “blew by” his long record of racial problems while silencing the opposition that told truth. And, a special “shout out” should go to those who voted to put this intentionally divisive Administration in office and to the unapologetically racially challenged white GOP voters of Alabama who elected this leftover of the Jim Crow era time and time again.
Jeff Sessions does not represent the values of the majority of Americans. We must get it together at the ballot box to insure that he (and those like him) never again happen to us and to our country!
“President Trump will make another decision this month that will affect thousands of people: How many refugees will the United States admit in fiscal year 2018?
The president already cut refugee admissions by more than half this year, from more than 100,000 down to 50,000. By way of comparison, the highest ceiling under President Ronald Reagan was 140,000. The president has also signaled, through his executive orders and in his budget proposal, that these cuts will carry over to next year. And in fact, some in his administration are trying to convince him to cut even further.
This would be a mistake. Cutting refugee admittances would not only be a moral failure but also damage our national interest abroad and our economy.
Of course, security is an imperative, and the refugee resettlement program is secure. U.S. security and intelligence agencies conduct multiple reviews on every refugee admitted, and only those approved for admission by the Department of Homeland Security are granted refuge in the United States.
There is also the humanitarian imperative: We are in the midst of the greatest refugee crisis on record, with more than 22 million people seeking safety from violence, conflict and persecution all over the world. The vast majority of refugees — nearly 90 percent — are hosted by poor and middle-income countries. Only the most vulnerable — those whose safety cannot be assured in their countries of first refuge — are selected for resettlement. For these refugees — widowed women; orphaned children; survivors of rape, torture and brutal religious persecution — refugee resettlement is a lifeline.
But what’s in it for the United States?
Strategic allies located near crises host the largest refugee populations in the world. Jordan, Turkey, Pakistan and Kenya are among the top refugee-hosting states. Their willingness to host millions of refugees contributes greatly to regional stability and security, all in regions where U.S. troops are deployed. As our military works to contain terrorist insurgencies in Afghanistan, Iraq, Syria and the Horn of Africa, forcing refugees to return to unsafe and unstable countries would make countering terrorism more difficult.
That’s why in 2016, when the Kenyan government threatened to close the Dadaab refugee camp and forcibly return more than 250,000 Somalis to an unstable Somalia, then-Secretary of State John F. Kerry got on a plane to Kenya. It’s also why the United States should be concerned that more than 700,000 Afghan registered and unregistered refugees have been returned to Afghanistan since 2016 — a threefold increase from 2015 — at a time when growing instability in Afghanistan and terrorist gains are forcing an increase in U.S. troop levels.
If we’re not willing to do our fair share, how can we ask front-line allies to do more?
Maintaining resettlement commitments is also critical to our military, diplomatic and intelligence operations abroad. Tens of thousands of Iraqi and Afghan nationals have put their lives on the line to support intelligence-gathering, operations planning and other essential services. Terrorist groups openly target these individuals because of their cooperation with Americans. Resettlement is instrumental to ensuring their safety — a testament to the U.S. military’s commitment to leave no one behind on the battlefield.
And in a proud American tradition, Republican and Democratic presidents have used refugee admissions to signal support for those who reject ideologies antithetical to U.S. values. In the past few decades, we have raised our admissions ceilings to take in those fleeing communist uprisings, religious persecution and tyranny.
Today, the United States must provide unwavering support for Muslims who put their lives at risk to reject terrorist ideologies, many of whom refused to join or be conscripted into terrorist groups, militias and state security forces persecuting their fellow citizens. The Islamic State considers all those who flee its rule as heretics subject to execution. Those who risk their lives — and their children’s lives — to reject terrorism must know, as a matter of our fight against extremism, that the United States supports and welcomes them.
Even in the wake of 9/11, the worst terrorist attack in our country’s history, President George W. Bush deliberately and explicitly maintained a refugee admissions ceiling of 70,000 annually, affirming the United States’ great humanitarian tradition.
Finally, refugees enrich and are deeply supported by our communities. Hundreds of mayors, faith leaders and business leaders have attested to the contributions refugees make. Thousands of Americans donate volunteer hours, in-kind goods and services, and private dollars to support refugees. One study estimates only 39 percent of the costs of resettlement are covered by federal dollars.
Despite being among the most vulnerable and destitute when they arrive, refugees thrive. Entrepreneurship among refugees is nearly 50 percent higher than among U.S.-born populations, creating jobs for Americans. More than 57 percent of them are homeowners.
Our values and our national security interests argue for raising our refugee ceiling, not lowering it. The president should seize the mantle of Reagan and fortify U.S. leadership on refugees.”
I’ll admit to not always being a Chertoff fan. In particular, his failure to support internal efforts to institute a strong prosecutorial discretion program at ICE that would have empowered the Chief Counsel to control the Immigration Courts’ growing docket was unfortunate, given his legal and judicial background.
But, I agree with what Chertoff says here. Just compare the power, logic, and moral authority of his statement with the mealy-mouthed, cowardly, morally vapid lies flowing from the mourths of xenophobic, disingenuous, fear mongers like Jeff “Gonzo Apocalypto” Sessions, Stephen Miller, Steve Bannon, Rep. Steve King, and the rest of the White Nationalist crowd!
Refugeees make America great! White Nationalist xenophobes, not so much!
“In 2016, the last year of President Obama’s administration, the U.S. accepted 85,000 refugees and set a goal of bumping that number up to 110,00 this year. Those plans changed with President Trump’s so-called travel ban, which set the refugee limit at 50,000 for 2016. Now, the administration is considering setting that number even lower for 2018, despite the worst refugee crisis since World War II.
The President has until October 1 to set a refugee ceiling and, the Times reports, there’s a debate raging in the White House about whether the number should be reduced to numbers not seen in decades. Leading the arguments against cutting the totals is Trump senior adviser Stephen Miller, an immigration hawk and ally of Steve Bannon and Attorney General Jeff Sessions. Miller has reportedly produced cutting the number all the way to 15,000. The Department of Homeland Security has proposed its own cut to 40,000.
The Times explains their purported thinking:
Two administration officials said those pushing for a lower number are citing the need to strengthen the process of vetting applicants for refugee status to prevent would-be terrorists from entering the country. Two others said another factor is a cold-eyed assessment of the money and resources that would be needed to resettle larger amounts of refugees at a time when federal immigration authorities already face a years long backlog of hundreds of thousands of asylum seekers.
This reasoning doesn’t align with the facts. Refugees are far more likely to be victims of politically motivated attacks than perpetrators. Limiting refugees does not keep America safer because refugees are not dangerous. It’s difficult not to see nativism as the motive behind pretending that they are: fear makes it easier to convince people that suffering people should be excluded from the United States. As for the cost concerns, the GOP’s feigned fiscal prudence should never be taken seriously.
By setting the refugee cap at 50,000 this year, Trump has already pushed the number lower than it’s been in decades. In the 37 years since the Refugee Act of 1980 gave the president a role in setting the cap, it hasn’t slipped lower than the 67,000 President Reagan set in 1987.
Cutting the refugee ceiling would leave tens of thousands of vulnerable people out in the cold, the International Rescue Committee said in a report last month. The humanitarian organization advocates for a ceiling no lower than 75,000 people. “An admissions level of at least 75,000 is a critical signal to the world that the United States remains a safe haven for those fleeing persecution, terror and ideologies antithetical to American democratic values,” the report says. “Anything less would be to turn our backs on the United States’ humanitarian tradition and global leadership.”
Under the last three Administrations, the US has made an absolute muddle out of two ill-advised wars and Middle East policies in general. The idea that guys like Trump, Tillerson, Miller, Bannon, Sessions, and even “the Generals” can come up with a constructive solution borders on the ludicrous. Nope. They going to to fight the 21st Century version of the “100 Years War” with similar results.
If there is a solution out there that will help achieve stability and provide a durable solution to the terrorist threats, it’s more likely going to be coming from one of today’s refugees who have a better idea of what’s actually going on and how we might become part of the solution rather than making the problems worse.
Refugees represent America’s hope. The Sessions-Miller-Bannon cabal represents America’s darkest side — one that threatens to drag us all into the abyss of their dark, distorted, and fundamentally anti-American world view.
“On Wednesday, in response to Sessions’s latest comments, Emanuel invoked the controversy that has enveloped the White House over President Trump’s responses to the violence that erupted in Charlottesville this past weekend.
“In a week in which the Trump administration is being forced to answer questions about neo-Nazis, white supremacists, and the KKK, they could not have picked a worse time to resume their attack on the immigrants who see America as a beacon of hope,” Emanuel said in a statement. “Chicago will continue to stand up proudly as a welcoming city, and we will not cave to the Trump administration’s pressure because they are wrong morally, wrong factually and wrong legally.”
While Sessions attacked Chicago, he praised Miami-Dade County for “complying with federal immigration law.”
“Americans — all Americans — have a right to full and equal protection under law,” Sessions said. “No one understands this better than the Cuban Americans here in Miami-Dade. . . . They understand that no single person — whether a dictator or a mayor — should determine whose rights are protected and whose are not.”
Sessions said that the county’s homicides were a third of what they were in the 1980s. But, according to the county’s police statistics, murders, rapes and assaults are up in Miami-Dade from where they were at this point last year.
Chicago has also been combating a surge in violent crime, an issue that Trump repeatedly cited during his presidential campaign and since taking office. The city had 762 homicides in 2016, more than the combined total reported by New York and Los Angeles, the only two American cities with larger populations.
There have been 428 murders in Chicago so far this year, down from 440 at the same point in 2016, according to police data. The city has also seen 1,811 shootings, down from 2,149 at this time a year ago, the data show.
Trump has been critical of the response by officials in Chicago, saying that “they’re not doing the job” and suggesting in a television interview this year that perhaps the police were being “overly politically correct.”
Sessions took aim at a city that federal officials have pledged to help. Police have pointed to illegal guns and gang activity as explanations for the increase in crime and have called for harsher sentencing for people convicted of gun crimes. In June, Chicago police and federal authorities announced a new partnership aimed at cracking down on illegal guns.
The top police official in Chicago sharply disputed Sessions’s comments seemingly connecting the violent-crime increase with illegal immigration.
“I have said it before and I will say it again, undocumented immigrants are not driving violence in Chicago and that’s why I want our officers focused on community policing and not trying to be the immigration police,” Eddie Johnson, the Chicago police superintendent, said in a statement.
Rather than helping combat crime, Johnson said, “the federal government’s plans will hamper community policing and undermine the work our men and women have done to reduce shootings by 16 percent so far this year.”
Sessions is so steeped in White Nationalist, xenophobic propaganda that he just keeps on lying and misrepresenting with shocking regularity. This dude has no more interest in effective law enforcement and protecting civil rights (including the rights of undocumented individuals to fair treatment under the law) than the man in the moon (or Donald Trump). And he is the guy who is going to protect us from White Supremacists? Com’ on, Man! Liz was right on!
Now, some folks might think it strange that a supposed defender of “states rights” would be threatening to have the Feds roll over the needs and policies of local law enforcement. But, when the overriding agenda is driven by White Nationalism and xenophobia, consistency is beside the point.
“Under the plan — if approved by Congress, which will be a heavy lift — the highest point-getting candidate, for example, not including special circumstances, would be a 26- to 31-year-old with a US-based doctorate or professional degree, who speaks nearly perfect English and who has a salary offer that’s three times as high as the median income where they are.
Have an Olympic medal or Nobel Prize? That will help too.
A candidate must have at least 30 points to apply.
Here’s how the points would be doled out:
Priority is given to prime working ages. Someone aged 18 through 21 gets six points, ages 22 through 25 gets eight points and ages 26 through 30 get 10 points.
The points then decrease, with someone aged 31 through 35 getting eight points, 36 through 40 getting six points, ages 41 through 45 getting four points and ages 46 through 50 getting two points.
Minors under the age of 18 and those over the age of 50 receive no points, though people over 50 years old are still allowed to apply.”
“Maryland prosecutors said they will drop rape and sex offense charges against two immigrant teens accused of attacking a 14-year-old classmate in a high school bathroom stall in a case that attracted international and White House attention and stoked the debate about illegal crossings into the United States.
After a court hearing Friday morning, prosecutors said they will drop the sex-assault case against Henry Sanchez Milian, 18, and Jose Montano, 17.
“The facts of this case do not support the original charges filed,” said Montgomery County State’s Attorney John McCarthy.
Defense lawyers had said for weeks that the sex acts were consensual and that text messages and school surveillance videos did not substantiate the girl’s claims she had been pushed from a hallway into a bathroom at Rockville High School on March 16 and that the suspects took turns assaulting her as she tried to break free.
As prosecutors moved to dismiss the rape cases, they began pursuing cases of child pornography charges related to images discovered on cellphones during the course of the investigation, according to court records and defense attorneys.
Maria Mena, attorney for one of the accused students, talks to the press as she departs the courthouse Friday in Rockville, Md. (Bill O’Leary/The Washington Post)
Prosecutors did not describe the content or path of the exchanges of the images. Defense attorneys said they were willingly shared by the girl with one defendant, who passed them along to the other.
Sanchez Milian’s attorney, Andrew Jezic, called the charges “selective prosecution of elective promiscuity,” adding that “it is hardly uncommon behavior for teenagers.”
Montano’s attorney, Maria Mena, said the child pornography laws are made to go after adults. She called the new charges “egregious.”
The developments Friday stood in stark contrast to the reports that pushed the case onto the national platform.
The severity of the reported assault — the girl originally told police the suspects held her down as she cried and repeatedly told them to stop — and that the two accused teens had entered the United States illegally only months earlier drew heated comments from the White House to the Maryland State House and to activists in the county.
Montano came to the United States from El Salvador, and Sanchez Milian from Guatemala. They were stopped at the border, detained, then allowed to continue on to relatives before they enrolled at Rockville at a ninth-grade level.
White House press secretary Sean Spicer was asked at a daily briefing about the cases in its early days and said, “The idea that this occurred is shocking, disturbing, horrific.”
“Part of the reason that the president has made illegal immigration and crackdown such a big deal is because of tragedies like this. . . . Immigration pays its toll on our people if it’s not done legally, and this is another example,” Spicer said.”
Read the entire article at the above link.
Always a good idea to wait for the legal system to operate before passing judgment. And, the idea that anyone in the Trump Administration would give “two hoots and a holler” about a rape victim is facially absurd.
Nope. It’s all about revving up xenophobia. And, the targets aren’t just those who arrived recently and made claims for protection. Xenophobia, like racism, is an ugly phenomenon. In the end, the Administration’s “white nationalist” agenda threatens all Americans in one way or another (ironically, it even threatens those who think that they stand to benefit from it).
“Six out of 10 Americans reached for a new poll released Friday by CNN said U.S. immigration policy should be geared towards aiding those who are employed and inside the country illegally with obtaining legal status, not deporting them as President Donald Trump has proposed.
Sixty percent of those polled said the top priority for the government when it comes to immigration should be “developing a plan to allow those in the U.S. illegally who have jobs to become legal residents.” Twenty-six percent said the U.S. should focus on a plan to stop more undocumented immigrants from crossing the border and 13 percent said the government’s priority should be deporting those who are already here.
Asked what should be done with undocumented immigrants who speak English, have jobs, are willing to pay back taxes and have been in the U.S. “for a number of years,” 90 percent of respondents said they would support legislation that allowed them to remain in the country and offered a path to U.S. citizenship. Support for such a policy had broad bipartisan support, backed by 96 percent of Democrats, 87 percent of Republicans and 89 percent of independents.”
Along the same line, in her Right Turn op-ed column in today’s Washington Post, Jennifer Rubin writes:
“In short, nothing was more central to Trump/Bannon than their ethno-nationalist fear-mongering, which played to the sense of alienation and displacement many white working-class Americans felt. The strategy was simple: Give them a scapegoat, rather than address complex problems. It’s a strategy employed for centuries by autocrats, bigots and charlatans. There is also nothing more un-American and violative of our historical and constitutional traditions. Let’s hope and pray Trump/Bannon have awoken a sleeping giant — the conscience of good and decent Americans.”