THE HATER-IN-CHIEF: “Trump has attacked and scapegoated immigrants in ways that previous presidents never have — and in the process, he has spread more fear, resentment and hatred of immigrants than any American in history.”

https://www.washingtonpost.com/outlook/trump-has-spread-more-hatred-of-immigrants-than-any-american-in-history/2019/11/07/7e253236-ff54-11e9-8bab-0fc209e065a8_story.html

Professor Tyler Anbinder
Tyler Anbinder
Professor of History
George Washington University

Professor Tyler Anbinder writes in WashPost:

November 7, 2019 at 10:03 a.m. EST

President Trump insists that he harbors no prejudice against immigrants. “I love immigrants,” he told Telemundo in June. Indeed, Trump has married two immigrants — Ivana Zelníčková (from what is now the Czech Republic) and Melanija Knavs (born in what is now Slovenia). He does occasionally say something positive about an immigrant group, such as when he wondered why the United States couldn’t get more immigrants from Norway. But for the most part, Trump portrays immigrants as a threat or a menace, and he calls the largest segment of America’s newcomers — Latinos — “animals” and invaders.

As a historian who specializes in the study of anti-immigrant sentiment, I know that Trump is not the first president to denigrate newcomers to the country. But Trump has attacked and scapegoated immigrants in ways that previous presidents never have — and in the process, he has spread more fear, resentment and hatred of immigrants than any American in history.

Trump’s nativism is especially striking for its comprehensiveness. Over the centuries, nativists have leveled 10 main charges against immigrants: They bring crime; they import poverty; they spread disease; they don’t assimilate; they corrupt our politics; they steal our jobs; they cause our taxes to increase; they’re a security risk; their religion is incompatible with American values; they can never be “true Americans.”

Trump has made every one of these charges. No American president before him has publicly embraced the entire nativist worldview. A commander in chief who is also the nativist in chief has the potential to alter immigrants’ role in American society now and for generations to come.

There have, of course, been upsurges of nativism in previous eras, but presidents have rarely been the ones stoking the flames. President John Adams signed the Alien and Sedition Acts in 1798, which among other things nearly tripled the time immigrants had to wait before they could become citizens and vote, but his voluminous writings contain nary a word critical of immigrants.

Millard Fillmore, president at the height of the massive influx of Irish immigrants fleeing the Great Famine, remained silent during his administration on the social tensions these newcomers caused. Even in 1856, when the anti-Catholic, anti-immigrant American Party (popularly called the Know Nothing Party) nominated Fillmore to return to the White House, he and his surrogates eschewed attacks on immigrants and rebranded the party as a moderating force between proslavery Democrats and anti-slavery Republicans.

Congress has typically been the source of the greatest nativist zeal in national politics — and presidents have generally tried to tamp down that zeal. Rutherford B. Hayes and Chester Arthur vetoed legislation barring the immigration of Chinese laborers in the 1870s and 1880s, though Arthur later agreed to sign a 10-year ban. In subsequent decades, Grover Cleveland, William H. Taft and Woodrow Wilson vetoed bills making the ability to read a prerequisite for adult men to immigrate. Congress eventually overrode Wilson’s veto to enact such a law in 1917.

By the 1920s, most Americans were convinced that further limits on immigration were necessary. “America must be kept American,” President Calvin Coolidge declared in December 1923, following the political winds, and by “American,” he meant white in race, Anglo-Saxon in ethnicity and Protestant in religion. Coolidge endorsed the severe limits Congress placed on the immigration of Slavs, Poles, Italians, Greeks and Eastern European Jews and accepted a ban on immigration from Asia and Africa, as well.

Those racist restrictions were rescinded in 1965. When Lyndon Johnson sat at the feet of the Statue of Liberty and signed legislation that ended the discriminatory quotas, he predicted that the federal government would “never again shadow the gate to the American nation with the twin barriers of prejudice and privilege.” But Johnson could not have imagined a president like Trump.

The only Americans who came even remotely close to rivaling Trump’s nativist influence were more narrowly focused than the president is. Charles Lindbergh and Henry Ford were widely admired anti-Semites whose views reached millions, but their animus was focused on powerful Jews at home and abroad, not Jewish immigrants in general. Father Charles Coughlin, a Catholic priest, had millions of loyal radio listeners in the 1930s, but he, too, was more an anti-Semite than a broad nativist. None of them commanded the devotion of nearly as large a share of the population as Trump does.

John Tanton, who died this year, was a driving force behind the modern anti-immigration movement, organizing and raising money for a variety of groups that have advocated a reduction in immigration. But those groups didn’t have influence until Trump began spreading their ideas and appointing their leaders and allies to positions in his administration.

Trump’s anti-immigrant efforts have featured several classic nativist tropes. He falsely associates immigrants with crime, as when he said during his campaign that Mexicans are “bringing drugs. They’re bringing crime. They’re rapists.” In truth, immigrants commit significantly less crime than the native-born do. He scapegoats entire immigrant religious groups for the actions of one or two criminals, calling for “a total and complete shutdown of Muslims entering the United States” after Syed Rizwan Farook (who was not even an immigrant) and his wife (who was foreign-born) killed 14 people in San Bernardino, Calif. He perpetuates the notion that immigrants pose a public health threat, as when he wondered in 2018 why we let “all these people from shithole countries come here.” One of his objections, reportedly, was that Haitians “all have AIDS,” though the White House denies he said that. He’s making it harder for low-income immigrants to come here in ways that would almost certainly reduce immigration from Latin America, Africa and the Caribbean, justifying his proposal on the grounds that he needs to “protect benefits for American citizens.” And he argues that even the U.S.-born children of recent immigrants — if they are part of ethnic, religious or racial minorities — are not real Americans, as he suggested when he tweeted that four congresswomen of color should “go back” to “the totally broken and crime infested places from which they came.”

What makes Trump more influential than any previous American nativist is the size of his audience and the devotion of his supporters. Trump has more than 66 million Twitter followers and a powerful echo chamber in conservative media, allowing him to instantaneously convey his ideas to a quarter of the adult population. Other presidents had passionate followers (Andrew Jackson, Franklin Roosevelt and Ronald Reagan come to mind), but none of them expressed much, if any, animus toward immigrants. Trump’s rhetoric has changed the way many Americans view immigrants: Nearly a quarter now call immigration a “problem,” more than double the percentage who characterized it that way in 2015, and the highest share since Gallup began asking that question a quarter-century ago.

Trump has made public expressions of nativism socially acceptable for the first time in generations. As he lambasted Rep. Ilhan Omar (D-Minn.), a Somali immigrant, at a July rally in Greenville, N.C., the crowd erupted with chants of “Send her back,” echoing Trump’s notorious tweet. “There was a filter,” a Latino resident of Greenville noted after the rally, that previously prevented Americans from expressing such hatred of immigrants, but “now the filter has been broken. My Hispanic friends are afraid to go to the store. They’re afraid to do anything. It’s scary.”

Trump’s spread of nativism has led to an upsurge in animosity directed at immigrants. Those who read or hear the president’s nativist views are more likely to write offensive things on social media about the groups he targets, one political science study found. One study using data compiled by the Anti-Defamation League found that counties that hosted Trump rallies in 2016 saw a 226 percent increase in hate crimes in the following months, primarily assaults or acts of vandalism, compared to counties that didn’t host rallies. ABC News identified at least 29 cases in which violence or threats of violence were carried out, and the perpetrators targeted immigrants or those perceived to be immigrants more than any other group.

The president’s rhetoric inspires not merely petty violence but occasionally full-fledged acts of terrorism as well. Throughout the fall of 2018, Trump relentlessly sowed fears that an “invasion” of Central American refugees was imminent via an immigrant “caravan” heading through Mexico toward the United States. Before a gunman killed 11 worshipers in a Pittsburgh synagogue in October 2018, he apparently justified his actions on the grounds that the Hebrew Immigrant Aid Society, which these days assists refugees from all over the world, “likes to bring in invaders that kill our people. I can’t sit by and watch my people get slaughtered.”

Five months later, the man accused of killing more than 50 Muslims at two mosques in New Zealand hailed Trump as a symbol “of renewed white identity” in an online manifesto. In August, a man traveled to El Paso with the goal of killing as many Latinos as possible, authorities said, slaying 22 people at a Walmart. A manifesto linked to him echoed many of the president’s favorite talking points: It condemned “the Hispanic invasion of Texas,” charged that immigrants are taking jobs from natives and lauded Republicans for reducing “mass immigration and citizenship.” These accused shooters all seemingly found Trump’s nativist rhetoric inspirational.

While this upsurge in nativist violence is terrifying, history suggests that, over the long term, those who embrace immigrants will win out over those who fear them. The percentage of Americans who want to cut immigration has risen since Trump took office, but that figure is still down by almost half since the mid-1990s. Ironically, Trump’s nativist pronouncements and actions may have galvanized Americans who oppose him to look even more favorably at immigrants than they did before. Seventy-six percent of Americans now say that immigration is good for the country — an all-time high in Gallup’s poll — while the percentage who call it harmful, 19 percent, is at an all-time low.

Anti-immigrant attitudes have always been part of American culture. They have spiked periodically — in the 1850s, in the 1920s — but those nativist upswings have proved ephemeral. The one we are witnessing today can be traced primarily to the uniquely powerful influence of Trump, the most successful purveyor of anti-immigrant sentiment in American history. But the admiration that the vast majority of Americans hold for immigrants cannot be extinguished by any man or woman, no matter how influential.

After all, most Americans understand that immigrants make America great.

Twitter: @TylerAnbinder

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Beyond the vileness and lies of Trump’s White Nationalist, racist, xenophobia, Professor Anbinder’s article ends on an upbeat note:

Anti-immigrant attitudes have always been part of American culture. They have spiked periodically — in the 1850s, in the 1920s — but those nativist upswings have proved ephemeral. The one we are witnessing today can be traced primarily to the uniquely powerful influence of Trump, the most successful purveyor of anti-immigrant sentiment in American history. But the admiration that the vast majority of Americans hold for immigrants cannot be extinguished by any man or woman, no matter how influential.

After all, most Americans understand that immigrants make America great.

Unfortunately, the “upward arc of history” will be too late to save the many individual lives and futures daily destroyed by Trump’s White Nationalist hate campaign.

That’s why the “New Due Process Army” is fighting to save lives and protect the Constitutional, legal, and human rights of everyone.

PWS

11-11-19

TAL @ SF CHRON: Trump Administration Attacks “The Best & Brightest” With War On Spouses Of High Skill Workers!

 

https://www.sfchronicle.com/business/article/Trump-administration-begins-effort-to-strip-work-13634442.php

Trump administration begins effort to strip work permits for immigrant spouses

By Tal Kopan

WASHINGTON — After nearly two years of delays, the Trump administration is moving ahead with its plan to strip work permits for the spouses of many high-skilled visa holders, an effort that could jeopardize tens of thousands of immigrants families in California alone.

Rolling back the permits could have sweeping consequences for the Bay Area, where tech companies heavily rely on high-skilled immigrants. Many of those workers come to the U.S. with spouses and children, and the loss of the spousal work permits could imperil many families’ ability to stay in the country or be convinced to come work here.

The step forward for the regulation comes as a federal appeals court ran out of patience with the administration’s delays in issuing it.

The proposed regulation was officially sent to the White House for review on Wednesday, a government database shows. The procedural step means that the Department of Homeland Security has completed its work on the policy and is ready for its official publication. The White House will now put the regulation through review with other agencies, a process that can take anywhere from days to months, depending on the complexity of the regulation.

At issue are work permits for nearly 100,000 immigrants who are here with spouses working on a high-tech visa and seeking a green card. (Spouses and children of H-1B visa holders have H-4 visas granting residence.) The largest share of those, nearly 30,000 of them, live in California, according to a Congressional Research Service report.

In 2015, the Obama administration created the H-4 employment authorization document, or H-4 EAD as it’s commonly known, to allow those spouses to work until the family can get green cards. Getting those permanent residency permits is a process that can often take many years, especially for immigrants of countries like India and China that send a lot of high-skilled talent to the U.S. In the meantime, their spouses are unable to work legally in the U.S. unless they have an employer who can separately sponsor them for a visa.

Since going into effect, there have been more than 90,000 immigrants approved for work permits under the program.

President Trump pledged early on to rescind the H-4 permit program, but the administration has been delayed in doing so. As it continued to promise the regulation would eventually come, a lawsuit challenging the program has been on hold in the courts.

That changed in December, when the D.C. Circuit Court of Appeals stopped granting the Department of Homeland Security extensions and ordered that the case proceed. A group of technology workers called Save Jobs USA who argue the program jeopardizes American jobs sued the Obama administration and, after losing in D.C. federal court, appealed the case. The Trump administration after taking power had successfully had it postponed until December.

The reasons for the delay, and sudden step forward, are not entirely clear. Government lawyers had assured the court the rule was being written and reviewed, it was just taking time. In September, the lawyers had predicted a rule would be out in three months. The first briefs in the case are due in March.

Experts suspect that with the government finishing a separate rule blocking immigrants who might use public benefits, and with the lawsuit moving forward, the work was expedited. Once the rule is published, the government could argue the court should indefinitely postpone the lawsuit, as the underlying regulation is being rewritten. That would avoid the chance that the appellate court decides the program is legal, setting a precedent contrary to the objectives of the Trump administration.

“The agency doesn’t want to risk having a judicial ruling that would go against it,” said Natalie Tynan, an attorney with Hunton Andrews Kurth who worked in the Department of Homeland Security for over 11 years. “In general from an agency’s perspective, the agency prefers to issue its regulations rather than have the courts opine on what the regulations should say. So any opportunity to moot out litigation is a positive one for the agency.”

Fifteen members of California’s Congressional delegation signed a letterurging the Trump administration to preserve the permit program last year. They included Reps. Anna Eshoo, D-Palo Alto, Zoe Lofgren, D-San Jose and Ro Khanna, D-Fremont. Eshoo and Lofgren introduced legislation late last year to keep the H-4 program in place.

U.S. Citizenship and Immigration Services, the agency within the Department of Homeland Security that manages the program, said the agency is “committed to upholding our nation’s immigration laws, helping ensure they are faithfully carried out, and safeguarding the integrity of our immigration system designed to protect the wages and working conditions of U.S. workers,” according to spokeswoman Jessica Collins.

She would not comment on the substance of the regulation, but noted that nothing would be final until the regulatory process is complete.

Once the White House signs off on the draft regulation, it will be published in the Federal Register. That will start a clock on a comment period, usually 30 to 90 days, after which the administration legally has to review the comments and make any necessary revisions. Only after that can the regulation be finalized, and litigation could potentially hold it up for months or years longer.

Still, the uncertainty of future job status and symbolism of the proposal from the Trump administration could have immediate ripple effects for families that rely on the visas and the companies that are already struggling to attract top talent.

“If you have 100,000 people who are extremely well-educated and on the path to getting green cards, and are either indirectly stimulating economic growth or directly creating jobs for native-born Americans by starting companies in this country, why would you pull out the rug from all these people?” said Doug Rand, co-founder of Boundless, a tech startup designed to help immigrants navigate the legal system. Rand also worked on the original H-4 regulation in the Obama administration.

Rand pointed out that by rule, only families already approved for green cards qualify for the work visa, meaning the government has already determined there are no Americans who could be working the high-skilled job. The spouses are only ineligible for work because of the lengthy backlog that exists for countries including India.

More than 93 percent of those affected are women, which especially concerns advocates. Lofgren has also co-authored legislation that would eliminate per-country green card caps, helping to alleviate the backlog.

“It undermines the agency and dignity of these spouses and it harms their career prospects, it leaves them less empowered to leave abusive situations,” said Amanda Baran, an attorney and advocate with the San Francisco-based Immigrant Legal Resource Center and a veteran of the Department of Homeland Security.

“It limits the success of women,” Baran continued. “I feel like it’s just another part of Trump’s larger agenda, which is to expel immigrants, prevent them from coming in and make life uncomfortable for them here and compel them to leave.”

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. Email: tal.kopan@sfchronicle.com Twitter: @talkopan

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

So much for the Trump Administration’s bogus claim that it favors legal immigration or wants a “merit based” immigration system. No, “White Nationalist Nation” is staunchly xenophobic.  But, they often choose to lie about that, like most other things.

The Trumpsters actually probably can convince high-skilled workers who contribute to our society and our economy to take their skills elsewhere: Canada, China, Mexico, etc.

PWS

02-23-19

TRUMP’S OUTLANDISHLY BOGUS CLAIMS LITERALLY MAKE AMERICA A LAUGHINGSTOCK BEFORE THE WORLD’S LEADERS – The “Descended From Immigrants” “Leader” Of Our “Nation Of Immigrants” Tells Immigrants To Stay Away – No Longer The “Beacon Of Hope & Freedom!”

https://www.huffingtonpost.com/entry/trump-to-migrants-stay-home-united-nations_us_5baa5317e4b07dc0b87e3987

Sebastian Murdock reports @ HuffPost:

Trump To Migrants: Stay Home

“Make their countries great again,” Trump said during a United Nations address of those seeking safety in the U.S.
President Donald Trump delivered a speech to the United Nations General Assembly on Tuesday in which he touted nationalism, got laughed at by world leaders, and told migrants to stop coming to the United States.

Trump began his address to world leaders by boasting of his supposed accomplishments.

“In less than two years, my administration has accomplished more than almost any administration in the history of our country … So true,” Trump said. Laughter could be heard from those in attendance.

“Didn’t expect that reaction, but that’s OK,” Trump said.

Later in the speech, the president launched into his anti-immigration views, saying illegal immigration “has produced a vicious cycle of crime, violence and poverty.” He added that the United States will not participate in the U.N.’s new global compact on migration, which the world body said would “develop a global compact for safe, orderly and regular migration.”

“Migration should not be governed by an international body unaccountable to our own citizens,” Trump said. “Ultimately, the only long-term solution to the migration crisis is to help people build more hopeful futures in their home counties. Make their countries great again.”

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

Compare Trump’s dishonest, selfish, and downright cowardly views on immigration with those of President Ronald Reagan as quoted by Philip Klein in an article in the Washington Examiner:

Saying that the setting was fitting, Reagan spoke of the families that came through Ellis Island right by the Statue of Liberty. “These families came here to work,” he said. “They came to build. Others came to America in different ways, from other lands, under different, and often harrowing conditions, but this place symbolizes what they all managed to build, no matter where they came from or how they came or how much they suffered.”

He went on to say that, “They helped to build that magnificent city across the river. They spread across the land building other cities and towns and incredibly productive farms. They came to make America work. They didn’t ask what this country could do for them but what they could do to make this refuge the greatest home of freedom in history. They brought with them courage, ambition and the values of family, neighborhood, work, peace, and freedom. They came from different lands but they shared the same values, the same dream.”

https://www.washingtonexaminer.com/heres-how-ronald-reagan-spoke-of-immigrants-when-he-said-he-wanted-to-make-america-great-again

Selfish nationalism, ignoring international institutions, racism, and “I can do what I want because I’m bigger and have more guns” attitudes are what caused World War I and  World War II. Yet, here is America’s so-called “leader” diminishing us in the world’s eyes and spouting exactly the same type of ignorant, discredited garbage that led to two disastrous World Wars.

No wonder we are losing respect and becoming a laughingstock among nations.

No we’re not “MAGA;’ we’re “MARA” — and we are appearing ridiculous and cowardly to boot. What kind of country elects an “Evil Clown” like Trump to represent them on the world stage.

Get out the vote in November. Decent Americans need to take our country back from Trump and his non-majority “base” before it’s too late — for us and for the world! America is better than this!

PWS

09-25-18

 

VIEWS YOU CAN USE: SOPHIA GENOVESE SETS FORTH A BLUEPRINT FOR LEGAL RESISTANCE TO WHITE NATIONALIST XENOPHOBIA & SESSIONS’S ASSAULT ON HUMAN RIGHTS & THE RULE OF LAW FOR ASYLUM SEEKERS!

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2018/03/20/sessions-likely-to-end-asylum-eligibility-for-victims-of-domestic-violence-how-courts-can-resist.aspx?Redirected=true

Sophia writes at LexisNexis Immigration Communities:

“Violence against women is the most pervasive and underreported human rights violation in the world. Whether you live on the Upper East Side or in Gugulethu, South Africa, you likely know a woman or girl who has been the victim of sexual or gender-based violence. Maybe you are that woman or girl.[i]

International asylum frameworks have long grappled with how to address this gender-based persecution. After years of debating whether victims of domestic violence have a legitimate claim to asylum, the US Board of Immigration Appeals (BIA) finally recognized in 2014 that married women who are unable to leave their relationships may constitute a cognizable particular social group for the purposes of seeking asylum. Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014); see also Matter of D-M-R- (BIA June 9, 2015) (clarifying that a victim of domestic violence need not be married to her abuser). Although some advocates argue the decision does not go far enough, the protections and opportunities that Matter of A-R-C-G– have provided to thousands of women cannot be understated. Despite these advancements, Attorney General Jeff Sessions has questioned whether such claims to asylum are legitimate by referring to himself a BIA case, Matter of A-B- (BIA Dec. 8, 2016), where the Board found that a victim of domestic violence was indeed eligible for asylum. Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2017), Sessions may refer a case to himself for review, and has asked each party to submit briefs on “[w]hether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable ‘particular social group’ for purposes of an application for asylum or withholding of removal.” Matter of A-B-, I&N Dec. 227 (A.G. 2018).

As brief background, in order to be granted asylum, the applicant must show that they have suffered past persecution or have a well-founded fear of future persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion, and that he or she is unable or unwilling to return to, or avail himself or herself of the protection of, their country of origin owing to such persecution. 8 C.F.R. § 1208.13(b)(1) & (2). To be granted asylum based on one’s membership in a particular social group, the applicant must show that the group is “(1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question.” Matter of A-R-C-G-, 26 I. & N. at 392. As set forth in Matter of Acosta, 19 I&N Dec. 211, 212 (BIA 1985), a “common immutable characteristic” is defined as “a characteristic that either is beyond the power of the individual members of the group to change or is so fundamental to their identities or consciences that it ought not be required to be changed.” Under  Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) and clarified in Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), the social group must be defined with “particularity,” or be defined by boundaries of who is actually a member of the group. Finally, as explained in Matter of W-G-R-, “social distinction” is defined as the ‘recognition’ or ‘perception’ of the particular social group in society. 26 I&N Dec. at 216. The applicant must also show that her persecution was on account of her membership in the social group, and that the government in her country of origin is unable or unwilling to afford her protection from such persecution.

In Matter of A-R-C-G-, the Board found that the lead respondent had met her burden in establishing eligibility for asylum, and held that “[d]epending on the facts and evidence in an individual case, ‘married women in Guatemala who are unable to leave their relationship’ can constitute a cognizable particular social group that forms the basis of a claim for asylum or withholding of removal.” 36 I&N Dec. at 388. In this case, the lead respondent was married to a man who regularly beat her, raped her, and on one occasion, burned her. She had contacted local authorities several times to escape her abuser, but was told that the police would not interfere with domestic matters. The respondent had even moved out, but her husband found her and threatened to kill her if she did return. Fearing for her life, and knowing that she could not be safe if she stayed in Guatemala, the respondent fled to the United States.

The Immigration Judge in Matter of A-R-C-G- found that the respondent’s abuse was the result of “criminal acts, not persecution,” and further found that the respondent was not eligible for asylum. On appeal, the BIA found that “married women in Guatemala who are unable to leave their relationship” is indeed a cognizable social group. First, the BIA asserted that the immutable characteristic in this matter was “gender,” and also found the marital status would satisfy the requirement where the woman is unable to leave the relationship. Second, the BIA found that the particular social group had been defined with particularity, where “married,” “women,” “who are unable to leave their relationship” have commonly accepted definitions in Guatemala, stating that it was particularly significant that the respondent had sought protection from the police but was denied protection due to her social group. Finally, the BIA found that the group was socially distinct in society, where Guatemala has a culture of “machismo and family violence,” where the respondent’s social group is easily perceived and recognized in Guatemalan society, and where Guatemala has created laws to protect the respondent’s social group, but has failed to successfully implement them. The BIA cautioned in their decision that particular social group analyses in cases that involve victims of domestic violence will depend heavily on the facts, including country conditions.

. . . .

Despite the BIA’s findings, and decades of tireless efforts by advocates, Attorney General Sessions now refers the case to himself and has asked parties to submit briefs on “whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable ‘particular social group’ for purposes of an application for asylum or withholding of removal.” Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018). There may have been bad faith on the part of the Immigration Judge below who held up A-B-’s case on remand, then sent it back to the BIA eight months later by raising a “facially bogus legal issue,” only to have AG Sessions refer the case to himself and stripping the BIA of jurisdiction.

Sessions has made clear his animus against immigrants, especially those fleeing persecution and seeking asylum in the United States, along with their ‘dirty’ immigration lawyers. The referral of the A-B- case to himself is yet another instance of such xenophobia on full display, where he seeks to deny protection to some of the most vulnerable populations in the world. While we hope this is not the case, Sessions will likely reverse the BIA’s findings on the Matter of A-B- case and declare that victims of domestic violence are no longer eligible for asylum in the United States, thus uprooting Matter of A-R-C-G- and particular social group claims based on domestic violence. Indeed, attempting to reverse the ability of a victim of domestic violence to seek asylum goes beyond being anti-immigrant. It is a full-frontal attack on human rights and undermines international obligations to provide protection to people fleeing persecution.  The respondent in Matter of A-B- will thus need to appeal to a federal appellate court to overrule Sessions.

One can hope that if successful on appeal, Matter of A-B- has the potential to broaden asylum eligibility for victims of domestic violence by returning to the Acosta definition of particular social group, and clarify what Matter of A-R-C-G- left untouched, such as the nexus requirement and the inability or unwillingness of governments to provide victims protection from their abuses.

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Go on over to LexisNexis at the above link for Sophia’s much longer full article.

More and more individuals are publicly “outing” the clear bias, White Nationalism, lifelong xenophobia, and disingenuous misstatements of facts, manipulation of the process, and disrespect for the true rule of law and our Constitutional guarantees of Due Process for all, which should have disqualified Jeff “Gonzo Apocalypto” Sessions from ever becoming the Attorney General and assuming control over the US. Immigration Courts. But, as Sophia cogently points out, by winning cases in the Article III Courts, the “NDPA” can actually turn the tables on Sessions and his restrictionist cronies by putting important principles of immigration law and fairness beyond their biased grasp.

Harm to the most vulnerable among us is harm to all of us! Go New Due Process Army! Due Process Forever!

 

PWS

03-21-18

TAKING THE “SERVICE” OUT OF USCIS — Agency’s Mission Is Now To Serve White Nationalist, Anti-Immigrant Agenda — REWRITING HISTORY — US No Longer A Nation Of Immigrants — How Did All These NWGs (“Nasty White Guys”) Like Trump Cissna, & Sessions Get Here, Anyway?

https://www.vox.com/2018/2/22/17041862/uscis-removes-nation-of-immigrants-from-mission-statement

Dara Lind reports for Vox News:

“US Citizenship and Immigration Services isn’t for immigrants anymore.

That’s not an exaggeration. USCIS, the federal agency responsible for issuing visas and green cards and for naturalizing immigrants as US citizens, has unveiled a new mission statement that strips out all references to immigrants themselves — including taking out a line that called the US a “nation of immigrants.” And in an email to agency staff Thursday, as first reported by the Intercept’s Ryan Devereaux, director L. Francis Cissna bragged about the change — saying that USCIS wasn’t supposed to help immigrants and the US citizens seeking to sponsor them, but rather “the American people.”

The new mission statement, and Cissna’s justification, downplays the agency’s commitment to helping immigrants become American citizens and plays up the idea that US citizens attempting to bring their family members to the US don’t count as real Americans whose interests deserve to be protected.

USCIS’s new mission statement doesn’t just reflect the Trump administration’s hawkishness toward legal as well as unauthorized immigration. It encourages the notion that Americanness is a matter of blood and soil, of birth and descent, rather than an idea that anyone can be proud of regardless of where they were born.

Taking “citizenship” out of the mission of Citizenship and Immigration Services
The changes to the USCIS mission statement don’t change the work the agency actually does. But they make a symbolic statement that the Trump administration sees that work differently not just from how the Obama administration did, but from our traditional understanding of what Americanness means.

It’s not just the removal of the “nation of immigrants” line. The new mission statement removes all references to citizenship — instead of “immigration and citizenship benefits,” USCIS now just provides “immigration benefits,” and “promoting an awareness and understanding of citizenship” is kicked out of the mission entirely.

At the same time as the agency is deemphasizing the part of its job that involves turning immigrants into citizens, its new mission implies that the two groups — immigrants and Americans — are naturally in conflict:

U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our values.
Cissna’s email also told USCIS staff that they’re not supposed to call applicants “customers” anymore because their real customers aren’t immigrants — they’re the American people:

Referring to applicants and petitioners for immigration benefits, and the beneficiaries of such applications and petitions, as ‘customers’ promotes an institutional culture that emphasizes the ultimate satisfaction of applicants and petitioners, rather than the correct adjudication of such applications and petitions according to the law. […] Use of the term leads to the erroneous belief that applicants and petitioners, rather than the American people, are whom we ultimately serve.” [emphasis added]
It’s an odd statement to make. For one thing, USCIS is the rare federal agency that isn’t primarily funded through taxes — most of the money to run the agency comes from application fees. Immigrants applying for visas, green cards, and citizenship — and the US citizens and companies that have to sponsor some of those applications — are paying USCIS for the services they provide. By a commonsense definition, that’s what a customer is.

But what’s even more jarring than the redefinition of “customer” is the definition of “American.” Cissna’s statement strongly implies that “applicants and petitioners” don’t count as part of the “American people.” That might make sense if he were talking just about people newly coming to the US, or even if he were distinguishing “Americans” from noncitizens. But he’s not.

The “applicants” Cissna refers to include immigrants who are applying for US citizenship — the part of USCIS’s function that got stripped out of the mission statement. Not only does the new mission statement suggest that helping immigrants become Americans is no longer part of USCIS’ job, but by distinguishing “applicants” from “the American people,” it suggests that they can’t.

Furthermore, the overwhelming majority of petitioners for immigrants are US citizens petitioning for family members (or American businesses petitioning for employees). Those citizens may have been born abroad, but they’ve naturalized. They are as American as anyone else.

Does the Trump administration believe immigrants can integrate?
USCIS tends to be the most obscure of the Department of Homeland Security’s three immigration agencies, precisely because it’s the one that doesn’t deal with immigration enforcement (Customs and Border Protection addresses border enforcement; Immigration and Customs Enforcement takes care of interior enforcement). But immigrant rights advocates have been worried about the agency.

Cissna worked for Senate Judiciary Committee Chair (and immigration hawk) Chuck Grassley (R-IA) before being appointed to USCIS. The agency’s ombudsman office, which is supposed to provide transparency to the people who used to be called “customers,” is headed by Julie Kirchner, the former executive director of the Federation for American Immigration Reform — a group whose mission includes reducing legal immigration to the US.

There are already indications that the new leadership is encouraging applications to be processed more slowly and with more scrutiny. In winding down the Deferred Action for Childhood Arrivals program, they were more aggressive than Trump’s statements implied. At the same time, there’s been an apparent slowdown in the processing of naturalization applications and of work permits for some categories of immigrants.

By overhauling the mission statement, it’s clear that the new leadership wants to be noticed.”

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

The White Nationalist attack on America continues. At least they don’t make any secret about their xenophobia and disdain for immigrants, their rights, and their advocates.

It’s “war.” That’s why we need the “New Due Process Army!”

PWS

02-23-19

 

 

 

 

DREAMERS: THE UGLY TRUTH COMES OUT — ADMINISTRATION UNLEASHES AN ALL-OUT XENOPHOBIC, WHITE NATIONALIST, “GONZO” “FACT-FREE” ATTACK ON DREAMERS, IMMIGRANTS, AND AMERICA’S FUTURE IN A DESPERATE ATTEMPT TO UNDERMINE BIPARTISAN IMMIGRATION REFORM! – Tal @ CNN Reports!

“White House goes all out to stop bipartisan immigration deal

By Tal Kopan, CNN

The Trump administration is working Thursday to kill a bipartisan deal on immigration that could be the best chance to get a bill through the Senate.

The White House is “actively considering issuing a veto threat” against the bipartisan immigration bill Thursday morning, a senior administration official said.

Attorney General Jeff Sessions derided the legislation in remarks to a national sheriff’s association.

“This is open borders and mass amnesty and the opposite of what the American people support,” Sessions claimed about the bill, according to prepared remarks. “This amendment — plain as day — will invite a mad rush of illegality across our borders.”

Department of Homeland Security Secretary Kirstjen Nielsen is also making calls to lawmakers to urge them to reject the bill, or potentially even revoke their sponsorship of it, according to an administration official.

And in a statement released late Wednesday night, the Department of Homeland Security had tough words for the plan, calling it “the end of immigration enforcement in America.”

The legislation from a group of 16 bipartisan senators would offer nearly 2 million young undocumented immigrants who came to the US as children before 2012 a path to citizenship over 10 to 12 years.

The plan would also place $25 billion in a guarded trust for border security, would cut a small number of green cards each year for adult children of current green card holders, and would prevent parents from being sponsored for citizenship by their US citizen children if that child gained citizenship through the pathway created in the bill or if they brought the child to the US illegally.

The administration statements riled up co-sponsors of the bill, who said the White House and allies have “lost credibility” by criticizing a bipartisan agreement.

“With their press release this morning, it seems as if DHS is intent on acting less like a partner and more like an adversary,” said Sen. Lindsey Graham, R-South Carolina. “Instead of offering thoughts and advice — or even constructive criticism — they are acting more like a political organization intent on poisoning the well. From the tone of this morning’s document, it appears as if DHS hopes all border security proposals fail. That would be the worst outcome of all.”

One provision the Department of Homeland Security particularly objected to would direct it to focus its arrests and deportations on criminals and newly arrived immigrants. The Trump administration has virtually removed all prioritization of arresting and deporting immigrants. It has targeted individuals with final deportation orders, some years and decades old, drawing criticism for deporting longtime members of communities with US citizen families.

“The Schumer-Rounds-Collins proposal destroys the ability of the men and women from the Department of Homeland Security (DHS) to remove millions of illegal aliens,” DHS said in a statement. “It would be the end of immigration enforcement in America and only serve to draw millions more illegal aliens with no way to remove them.

“The changes proposed by Senators Schumer-Rounds-Collins would effectively make the United States a Sanctuary Nation where ignoring the rule of law is encouraged,” the agency added.

President Donald Trump has backed a plan to give 1.8 million undocumented people who came to the US as children citizenship with $25 billion in border security, host of hardline enforcement power requests, substantially cutting family-based migration and ending the diversity visa lottery.

DHS called the bipartisan proposal an “egregious violation” of what the President has wanted.

The White House proposal has been introduced by Republican senators and is expected to be well below the 60 votes needed to advance.

Both proposals are expected to get a vote in the Senate on Thursday.”

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

Hang tough, Dems! Don’t sell out to outrageous lies, racism, and xenophobia!

PWS

02-15-18

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

 

 

 

 

 

 

 

POLITICO: HOW THE TRUMP ADMINISTRATION INTENTIONALLY MISUSES TERRORISM STATS TO STOKE XENOPHOBIA AND RUIN LIVES!

https://www.politico.com/magazine/story/2018/01/28/trump-administration-terror-statistics-216541

 

Professors Leaf Van Boven and Paul Slovic write:

“. . . .  So why don’t people correct these misconceptions? One reason is that people are loath to scrutinize statements that confirm what they already believe. People are particularly receptive to believe statements from trusted sources (the departments of Justice and Homeland Security, if not the president). If people already believe that immigrants pose a threat, they are unlikely to probe whether the White House is phrasing its statistics appropriately.

Confusing the inverse probabilities of terrorist acts and foreign-born individuals is not merely an academic issue. Proponents of restrictive immigration polices continue to use fear-based, inverse fallacy tactics. During the recent government shutdown, Trump released an ad promising to “fix our border and keep our families safe,” adding, “Democrats who stand in our way will be complicit in every murder committed by illegal immigrants.”

Citing that “3 in 4” terrorists are foreign born implies, erroneously, that excluding the foreign born would substantially reduce a large threat to this country. But at what cost? How many of the 41 million lives of immigrants and refugees should be ruined to further reduce an already minuscule threat? Let’s not use statistical lies to destroy lives.”

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

Read the complete article at the link.

Under “Gonzo” the DOJ has become one of the leading purveyors of false, distorted, or otherwise misrepresented data to promote White Nationalism and unfairly target immigrants and ethnic groups. He couldn’t even get his story straight before Congress. There is good reason to disbelieve or be skeptical of everything coming out of Gonzo’s mouth and the DOJ.

And, it’s not just my observation. Gonzo consistently fails “Fact Checker” analyses on his pejorative statements about immigration and law enforcement. He’s just “not credible.” That”s a major problem for him, the DOJ, and our country.

PWS

01-28-18

 

 

 

PAUL KRUGMAN IN THE NY TIMES: The “New Know Nothings” Are Killing That Which Made American Great! — Insisting “that the facts have a well-known liberal bias!”

https://www.nytimes.com/2018/01/15/opinion/trump-american-values.html

Krugman writes:

“These days calling someone a “know-nothing” could mean one of two things.

If you’re a student of history, you might be comparing that person to a member of the Know Nothing party of the 1850s, a bigoted, xenophobic, anti-immigrant group that at its peak included more than a hundred members of Congress and eight governors. More likely, however, you’re suggesting that said person is willfully ignorant, someone who rejects facts that might conflict with his or her prejudices.

The sad thing is that America is currently ruled by people who fit both definitions. And the know-nothings in power are doing all they can to undermine the very foundations of American greatness.

The parallels between anti-immigrant agitation in the mid-19th century and Trumpism are obvious. Only the identities of the maligned nationalities have changed.

After all, Ireland and Germany, the main sources of that era’s immigration wave, were the shithole countries of the day. Half of Ireland’s population emigrated in the face of famine, while Germans were fleeing both economic and political turmoil. Immigrants from both countries, but the Irish in particular, were portrayed as drunken criminals if not subhuman. They were also seen as subversives: Catholics whose first loyalty was to the pope. A few decades later, the next great immigration wave — of Italians, Jews and many other peoples — inspired similar prejudice.

Photo

Portrait of a young man, circa 1864, representing the nativist ideal of the Know Nothing party.CreditLibrary of Congress

And here we are again. Anti-Irish prejudice, anti-German prejudice, anti-Italian prejudice are mostly things of the past (although anti-Semitism springs eternal), but there are always new groups to hate.

But today’s Republicans — for this isn’t just about Donald Trump, it’s about a whole party — aren’t just Know-Nothings, they’re also know-nothings. The range of issues on which conservatives insist that the facts have a well-known liberal bias just keeps widening.

One result of this embrace of ignorance is a remarkable estrangementbetween modern conservatives and highly educated Americans, especially but not only college faculty. The right insists that the scarcity of self-identified conservatives in the academy is evidence of discrimination against their views, of political correctness run wild.

. . . .

Clearly, we need policies to spread the benefits of growth and innovation more widely. But one way to think of Trumpism is as an attempt to narrow regional disparities, not by bringing the lagging regions up, but by cutting the growing regions down. For that’s what attacks on education and immigration, key drivers of the new economy’s success stories, would do.

So will our modern know-nothings prevail? I have no idea. What’s clear, however, is that if they do, they won’t make America great again — they’ll kill the very things that made it great.”

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

Read Krugman’s full op-ed at the link.

The anti-intellectual, anti-science, anti-arts, anti-progress tilt of the modern GOP is almost as disturbing as their White Nationalism, racism, and xenophobia. It all means trouble for our country.

PWS

01-17-18

CHRISTMAS 2017: Pope Francis Makes Migrants’ Humanity, Plight, Rights Focus Of Christmas Message To World’s Christians!

 

https://www.huffingtonpost.com/entry/pope-christmas-eve-migrants_us_5a4025cfe4b025f99e17c35b

Phillip Pullella reports for HuffPost:


“Pope Francis strongly defended immigrants at his Christmas Eve Mass on Sunday, comparing them to Mary and Joseph finding no place to stay in Bethlehem and saying faith demands that foreigners be welcomed.
Francis, celebrating his fifth Christmas as leader of the world’s 1.2 billion Roman Catholics, led a solemn Mass for about 10,000 people in St. Peter’s Basilica while many others followed the service from the square outside.
Security was stepped up, with participants checked as they approached St. Peter’s Square even before going through metal detectors to enter the basilica. The square had been cleared out hours earlier so security procedures could be put in place.
The Gospel reading at the Mass in Christendom’s largest church recounted the Biblical story of how Mary and Jesus had to travel from Nazareth to Bethlehem to be registered for a census ordered by Roman Emperor Caesar Augustus.
“So many other footsteps are hidden in the footsteps of Joseph and Mary. We see the tracks of entire families forced to set out in our own day. We see the tracks of millions of persons who do not choose to go away, but driven from their land, leave behind their dear ones,” Francis said.
Even the shepherds who the Bible says were the first to see the child Jesus were “forced to live on the edges of society” and considered dirty, smelly foreigners, he said. “Everything about them generated mistrust. They were men and women to be kept at a distance, to be feared.”

“NEW SOCIAL IMAGINATION”
Wearing white vestments in the flower-bedecked church, Francis called for a “new social imagination … in which none have to feel that there is no room for them on this earth.”
The 81-year-old pope, who was born of Italian immigrant stock in Argentina, has made defense of migrants a major plank of his papacy, often putting him at odds with politicians.
Austria’s new chancellor, Sebastian Kurz, has aligned himself with central European neighbors like Hungary and the Czech Republic in opposing German-backed proposals to distribute asylum seekers around EU member states.
In elections in Germany in September, the far-right and anti-immigrant Alternative for Germany (AfD) party made significant gains, with electors punishing Chancellor Angela Merkel for her open-door policy and pushing migration policy to the top of the agenda in talks to form a coalition government.
Italy’s anti-immigrant Northern League, whose leader Matteo Salvini often gives fiery speeches against migrants, is expected to make gains in national elections next year. A law that would give citizenship to children born in Italy to migrant parents is stalled in parliament.
In his homily, Francis said, “Our document of citizenship” comes from God, making respect of migrants an integral part of Christianity.
“This is the joy that we tonight are called to share, to celebrate and to proclaim. The joy with which God, in his infinite mercy, has embraced us pagans, sinners and foreigners, and demands that we do the same,” Francis said.
Francis also condemned human traffickers who make money off desperate migrants as the “Herods of today” with blood on their hands, a reference to the Biblical story of the king who ordered the killing of all newborn male children near Bethlehem because he feared Jesus would one day displace him.
More than 14,000 people have died trying to make the perilous crossing of the Mediterranean to Europe in the past four years.
On Christmas Day, Francis will deliver his twice-yearly “Urbi et Orbi” (To the City and to the World) blessing and message from the central balcony of St. Peter’s Basilica.

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

Compare the Pope’s very clear statement of true Christian values with the fear-mongering, false narratives, and xenophobic rantings and actions of the so-called “Christians” in the Trump Administration.

PWS

12-26-17

WASHINGTON POST EDITORIAL RIPS TRUMP/SESSIONS “GONZO” IMMIGRATION AGENDA AS “ANTI-AMERICAN!”– White Nationalist Inspired Restrictionism Is Suppressing The Real Dialogue We Should Be Having!

https://www.washingtonpost.com/opinions/trumps-crusade-against-immigrants-is-an-attack-on-america/2017/12/03/0ac43dec-d624-11e7-b62d-d9345ced896d_story.html?utm_term=.71780d337509

December 3 at 8:10 PM

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.

PWS

12-04-17

 

THE XENOPHOBIC WHITE NATIONALISM OF TRUMP, SESSIONS, & THE GOP RESTRICTIONISTS COULD WELL LEAVE AGING BABY BOOMERS WITHOUT NEEDED HEALTH CARE ASSISTANCE!

https://www.politico.com/agenda/story/2017/10/25/immigrants-caretaker-workforce-000556

Ted Hesson reports for Politico:

“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.

PWS

10-28-17

 

 

 

 

 

 

THOMAS B. EDSALL IN THE NYT: DEMOCRACY SOWING THE SEEDS FOR ITS OWN (AND OUR) DESTRUCTION!

https://www.nytimes.com/2017/10/19/opinion/democracy-populism-trump.html?em_pos=small&emc=edit_up_20171023&nl=upshot&nl_art=5&nlid=79213886&ref=headline&te=1

Edsall writes:

“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.

The threat to democracy posed by the current outbreak of populist nationalism has become a matter of concern for both scholars and ordinary citizens. The central topic at a conference at Yale earlier this month was “How Do Democracies Fall Apart,” and the subject will be taken up again in November at a Stanford conference called “Global Populisms: A Threat to Democracy?

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.

. . . .

Paul Waldman, writing in The Washington Post on Oct, 17, summed up Trump’s approach to veracity and to reality itself:

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.”

PWS

10-22-17

 

 

TAL KOPAN AT CNN: Alarm Bells Ring As DACA Renewals Lag At Deadline! — Administration Refuses To Extend Deadline Despite Hurricanes & Inadequate Publicity! — Politico Reports That White House Racist Stephen Miller Planning To Torpedo Dreamer Relief — Immigration System & Country Facing Chaos!

http://www.cnn.com/2017/10/05/politics/daca-renewal-deadline-immigration/index.html

Tal reports:

“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.

Politico reports:

“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.

PWS

10-05-17

 

GONZO’S WORLD: “Eggshell” Attorney General Is A Parody Of The First Amendment!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/jeff_sessions_wants_a_first_amendment_that_celebrates_robust_criticism_of.html

Dahlia Lithwick writes at Slate:

“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.

PWS

09-29-17