"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
“You got a choice to make, man. You could go straight on to heaven. Or you could turn right, into that.”
We are in Los Angeles, in the heart of one of America’s wealthiest cities, and General Dogon, dressed in black, is our tour guide. Alongside him strolls another tall man, grey-haired and sprucely decked out in jeans and suit jacket. Professor Philip Alston is an Australian academic with a formal title: UN special rapporteur on extreme poverty and human rights.
General Dogon, himself a veteran of these Skid Row streets, strides along, stepping over a dead rat without comment and skirting round a body wrapped in a worn orange blanket lying on the sidewalk.
The two men carry on for block after block after block of tatty tents and improvised tarpaulin shelters. Men and women are gathered outside the structures, squatting or sleeping, some in groups, most alone like extras in a low-budget dystopian movie.
We come to an intersection, which is when General Dogon stops and presents his guest with the choice. He points straight ahead to the end of the street, where the glistening skyscrapers of downtown LA rise up in a promise of divine riches.
Heaven.
Then he turns to the right, revealing the “black power” tattoo on his neck, and leads our gaze back into Skid Row bang in the center of LA’s downtown. That way lies 50 blocks of concentrated human humiliation. A nightmare in plain view, in the city of dreams.
Alston turns right.
Philip Alston in downtown LA. Photograph: Dan Tuffs for the Guardian
So begins a two-week journey into the dark side of the American Dream. The spotlight of the UN monitor, an independent arbiter of human rights standards across the globe, has fallen on this occasion on the US, culminating on Friday with the release of his initial report in Washington.
His fact-finding mission into the richest nation the world has ever known has led him to investigate the tragedy at its core: the 41 million people who officially live in poverty.
Of those, nine million have zero cash income – they do not receive a cent in sustenance.
Alston’s epic journey has taken him from coast to coast, deprivation to deprivation. Starting in LA and San Francisco, sweeping through the Deep South, traveling on to the colonial stain of Puerto Rico then back to the stricken coal country of West Virginia, he has explored the collateral damage of America’s reliance on private enterprise to the exclusion of public help.
The Guardian had unprecedented access to the UN envoy, following him as he crossed the country, attending all his main stops and witnessing the extreme poverty he is investigating firsthand.
Think of it as payback time. As the UN special rapporteur himself put it: “Washington is very keen for me to point out the poverty and human rights failings in other countries. This time I’m in the US.”
David Busch, who is currently homeless on Venice beach, in Los Angeles. Photograph: Dan Tuffs for the Guardian
The tour comes at a critical moment for America and the world. It began on the day that Republicans in the US Senate voted for sweeping tax cuts that will deliver a bonanza for the super wealthy while in time raising taxes on many lower-income families. The changes will exacerbate wealth inequality that is already the most extreme in any industrialized nation, with three men – Bill Gates, Jeff Bezos and Warren Buffet – owning as much as half of the entire American people.
A few days into the UN visit, Republican leaders took a giant leap further. They announced plans to slash key social programs in what amounts to an assault on the already threadbare welfare state.
“Look up! Look at those banks, the cranes, the luxury condos going up,” exclaimed General Dogon, who used to be homeless on Skid Row and now works as a local activist with Lacan. “Down here, there’s nothing. You see the tents back to back, there’s no place for folks to go.”
California made a suitable starting point for the UN visit. It epitomizes both the vast wealth generated in the tech boom for the 0.001%, and the resulting surge in housing costs that has sent homelessness soaring. Los Angeles, the city with by far the largest population of street dwellers in the country, is grappling with crisis numbers that increased 25% this past year to 55,000.
Ressy Finley, 41, was busy sterilizing the white bucket she uses to slop out in her tent in which she has lived on and off for more than a decade. She keeps her living area, a mass of worn mattresses and blankets and a few motley possessions, as clean as she can in a losing battle against rats and cockroaches. She also endures waves of bed bugs, and has large welts on her shoulder to prove it.
She receives no formal income, and what she makes on recycling bottles and cans is no way enough to afford the average rents of $1,400 a month for a tiny one-bedroom. A friend brings her food every couple of days, the rest of the time she relies on nearby missions.
She cried twice in the course of our short conversation, once when she recalled how her infant son was taken from her arms by social workers because of her drug habit (he is now 14; she has never seen him again). The second time was when she alluded to the sexual abuse that set her as a child on the path towards drugs and homelessness.
Given all that, it’s remarkable how positive Finley remains. What does she think of the American Dream, the idea that everyone can make it if they try hard enough? She replies instantly: “I know I’m going to make it.”
A 41-year-old woman living on the sidewalk in Skid Row going to make it?
“Sure I will, so long as I keep the faith.”
What does “making it” mean to her?
“I want to be a writer, a poet, an entrepreneur, a therapist.”
Ressy Finley, who lives in a tent on 6th Street in Downtown LA. Photograph: Dan Tuffs for the Guardian
Robert Chambers occupies the next patch of sidewalk along from Finley’s. He’s created an area around his tent out of wooden pallets, what passes in Skid Row for a cottage garden.
He has a sign up saying “Homeless Writers Coalition”, the name of a group he runs to give homeless people dignity against what he calls the “animalistic” aspects of their lives. He’s referring not least to the lack of public bathrooms that forces people to relieve themselves on the streets.
LA authorities have promised to provide more access to toilets, a critical issue given the deadly outbreak of Hepatitis A that began in San Diego and is spreading on the west coast claiming 21 lives mainly through lack of sanitation in homeless encampments. At night local parks and amenities are closed specifically to keep homeless people out.
Skid Row has had the use of nine toilets at night for 1,800 street-faring people. That’s a ratio well below that mandated by the UN in its camps for Syrian refugees.
“It’s inhuman actually, and eventually in the end you will acquire animalistic psychology,” Chambers said.
He has been living on the streets for almost a year, having violated his parole terms for drug possession and in turn being turfed out of his low-cost apartment. There’s no help for him now, he said, no question of “making it”.
“The safety net? It has too many holes in it for me.”
Of all the people who crossed paths with the UN monitor, Chambers was the most dismissive of the American Dream. “People don’t realize – it’s never getting better, there’s no recovery for people like us. I’m 67, I have a heart condition, I shouldn’t be out here. I might not be too much longer.”
That was a lot of bad karma to absorb on day one, and it rattled even as seasoned a student of hardship as Alston. As UN special rapporteur, he’s reported on dire poverty and its impact on human rights in Saudi Arabia and China among other places. But Skid Row?
“I was feeling pretty depressed,” he told the Guardian later. “The endless drumbeat of horror stories. At a certain point you do wonder what can anyone do about this, let alone me.”
And then he took a flight up to San Francisco, to the Tenderloin district where homeless people congregate, and walked into St Boniface church.
What he saw there was an analgesic for his soul.”
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Read the rest of the story, with many major “poverty stops” across America, at the link.
At some point, all Americans will pay a price for the Trump/GOP plan to loot America for the rich and increase income inequality.
Jesse Byrnes and Julia Manchester report for The Hill:
“A federal judge in Seattle has partially lifted a ban on certain refugees imposed by the Trump administration.
U.S. District Judge James Robart issued a ruling on behalf of the American Civil Liberties Union (ACLU) and Jewish Family Service on Saturday.
The groups had urged the judge, an appointee of former President George W. Bush, to halt the ban on refugees from some majority-Muslim nations.
Robart ruled that the federal government should process certain refugee applications, saying his order doesn’t apply to refugees who do not have a “bona fide” relationship with an individual or an entity in the U.S.
The ban originally went into effect after the president issued an executive order reinstating the refugee program “with enhanced vetting capabilities” in October.
The ACLU argued that a memo sent to the president from Secretary of State Rex Tillerson, acting Homeland Security Secretary Elaine Duke and Director of National Intelligence Daniel Coats saying certain refugees should be banned unless security was enhanced did not provide enough evidence for why more security was needed.
The judge wrote Saturday that “former officials detailed concretely how the Agency Memo will harm the United States’ national security and foreign policy interests” and said his ruling restores “refuge procedures and programs to the position they were in prior” to the ban, which he noted included thorough vetting of individuals traveling to the U.S.
The lawsuits stemming from the ACLU and Jewish Family Services were consolidated and involved refugees who have been blocked from coming to the U.S.”
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Read the complete article over at The Hill at the link.
Like other recent lower court rulings against the Travel Ban, I expect this will be largely a “symbolic victory” for the plaintiffs. Based on the Supremes’ actions on other “Travel Ban” cases to date, I expect that the Administration will eventually prevail in its effort to restrict refugee admissions from abroad.
As Trump Rages About Immigrants, They Go to the Ivy League
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American sisters born in Cameroon, from left, Ella, Chris and Xaviera.CreditVictor J. Blue for The New York Times
Ten years ago, a family arrived in the Bronx from Yaoundé, Cameroon, not speaking a word of English. This Christmas, they are celebrating a feat that would be impressive for any family: Three of the family’s five daughters have been accepted to Ivy League universities.
In a year in which our nativist president would have you believe that immigrants are, at best, a job-stealing drain and at worst, criminals, rapists and people with AIDS, these three remarkable sisters are worth paying attention to. Not just because they are inspiring — they are — but because they are far better ambassadors for this country and exponents of its ideals than the 45th president.
“We brought the girls to this country because there are better opportunities here,” says Flore Kengmeni, their mother, who works as a nurse. “I don’t know of another country where you can try hard, work hard and get somewhere. Where you are given the opportunity to fulfill your potential.”
“This country is built on immigrants,” Francois de Paul Silatchom, their father, a professor of economics at SUNY, starts to say, before his middle daughter, Ella, a sophomore at Yale, interjects: “Our experience as a family is what America is.”
That experience is marked by hard work, optimism, resilience and a persistent sense of gratitude even to have the opportunity.
All three girls admit it wasn’t easy. They recall sitting in class during their first year in America and not understanding what their teachers and classmates were saying. They remember being made fun of, but not really knowing why.
“Everyone spoke so fast and I guess we speak that fast now, too,” says Xaviera, the youngest of the three, who was accepted to Harvard earlier this month.
They turned to books for guidance. Their parents got the girls library cards and made reading mandatory — “Education is the most valuable asset,” the parents say repeatedly when we meet. The sisters were encouraged to read broadly, from “The Magic School Bus” to “Harry Potter,” and they practiced English as a family in their two-bedroom apartment in the Bronx’s Pelham Parkway neighborhood.
By the end of their first year at their local public schools, the girls had learned enough English to take the state exams, and were excelling in their classes. But their parents were alarmed that they were finishing their homework during the school day and coming home bored. They asked teachers to assign their daughters more homework. But even that wasn’t enough.
“Something was wrong,” Mr. de Paul Silatchom says. “I started looking for schools that would challenge them and keep them busy. At a school fair, we learned about Democracy Prep.”
At Democracy Prep, a public charter school in Harlem where I met them one recent afternoon, the day begins at 7:45 a.m. and ends at 5 p.m. Longer school days, many argue, allow teachers to spend more time on subjects other than math and English, and keep students out of trouble.
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Francois de Paul Silatchom, left, poses for a portrait with his daughters (left to right) Xaviera, 17, Ella, 19, and Chris, 20, and their mother Flore Kengmeni, center, at their church on the Upper East Side.CreditVictor J. Blue for The New York Times
Through the school’s Korean language program, the sisters were exposed to a culture completely different from their own, which sparked an interest in global affairs for all of them. Civics is a core part of the school’s curriculum, which Xaviera says showed her that, “Regardless of how disadvantaged you are in society, you have an advantage if you understand how our system of government works.”
“I learned so much here,” Ella says of the school. “And between that and our parents, my work ethic — our work ethic — really developed. Our parents required us to do an extracurricular, so sports or choir or whatever and that was for after 5 o’clock. That was normal for us.”
When the oldest, Chris, now a junior at Dartmouth, got into the college in 2014, friends and family were elated, but her parents made it clear that the work wasn’t over.
“The night I got into Dartmouth, Mom asked me, ‘Have you done the dishes?’ Getting in was exciting and I knew she was proud, but it was just a regular day,” Chris says.
“They haven’t ‘arrived,’ as people like to say, just because they are into Ivy League schools,” Mr. de Paul Silatchom says. “It’s a good start and a platform of opportunity.”
When speaking, the sisters transition seamlessly between New York-accented English and French, their first language. The irony that they landed at a school called Democracy Prep after immigrating from one of the world’s least democratic countries is not lost on them.
It’s something they’ve spent a lot of time thinking about as President Trump has rolled out various cruel immigration policies, from his proposed travel ban to, in September, rescinding the Deferred Action for Childhood Arrivals, or DACA — an Obama-era program that protected the country’s approximately 800,000 undocumented youth raised in the country from being deported.
“It’s scary to see because this is not the country we know,” says Chris, who along with her sisters, became an American citizen in 2016. “America at its core is principled on immigrants. We came to this country to improve our futures and I feel as American as anyone born here.”
“These girls are more American than Cameroonian,” their mother says. “Can you imagine being undocumented? We were very lucky,” Xaviera adds.
Watching videos of immigration agents separating families in recent months has been particularly difficult for Ms. Kengmeni and Mr. de Paul Silatchom. “I can’t imagine what it’s been like for these children who go to school in the morning knowing they might come home at the end of the day to no parents,” Ms. Kengmeni says.
This year, Christmas break involves running around to pack for Chris’s semester abroad and attending three Christmas Masses, but the family is grateful to be all together, even if it’s for just a few days. They know they are the lucky ones.
Forty percent of Fortune 500 companies were founded or co-founded by immigrants or the children of immigrants. Watching Ella, Chris and Xaviera, I’d bet good money that they will join those ranks of these world-class leaders. But the question I find myself asking as I leave their school: Who are the young women the Trump administration is currently keeping out?
“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.
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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.
“Go forth and share the light, the love, forgiveness, and hope of Jesus Christ.” Those were the words of our Pastor this morning.
Unfortunately, I see and hear none of that message from our current Administration. Although some members curiously profess their Christianity, and indeed, even seek to force it down others’ unwilling throats, I see none of the redeeming values of Jesus Christ and his humane, compassionate, humble, and self-sacrificing teachings in their words and actions.
Nope. It’s all about selfishness, power, domination, arrogance, greed, discrimination, idolatry, dishonesty, mockery, exploitation, ridicule, fear, bigotry, hatred, bullying, blaming, intolerance, punishment, degradation, de-humanization, and many of the other worst human qualities that represent exactly the opposite of the Jesus Christ I know and understand.
However, I do see the humane message of Christ reflected in others around me. Those would be the many dedicated NGO workers, pro bono lawyers, teachers, religious workers, and social workers who are dedicated to helping the most vulnerable and most needy around us. The Government workers who are committed to doing their jobs in a fair and honest matter notwithstanding the bias and pressure to disregard the public good and their oaths of loyalty to our Constitution being placed upon them by those in power. The many journalists who courageously speak and write truth in contravention of the many lies and half-truths being pumped out by our Government’s propaganda machine and its “toady captive press.” Finally, the many migrants, who keep honoring us with their presence and persevering in their efforts to build better lives for themselves, their children, and for the rest of us in a country that is often willing to exploit their hard labor but unwilling to honor and recognize their humanity and contributions.
“What are we to make of Vladimir Putin’s first year in the White House? How has he done?
I’m only slightly kidding. Or rather I’m just channeling a CNN interview earlier this week with James Clapper, former director of National Intelligence. Here’s what Clapper said: “I think this past weekend is illustrative of what a great case officer Vladimir Putin is. He knows how to handle an asset, and that’s what he’s doing with the president […] You have to remember Putin’s background. He’s a KGB officer. That’s what they do. They recruit assets. And I think some of that experience and instincts of Putin has come into play here in his managing of a pretty important account for him, if I could use that term, with our president.”
Clapper clarified his statement by saying he was being figurative, rather than literal. So let’s just ask a figurative question, shall we? How successful has the Kremlin’s figurative investment been this past year? Pretty damn impressive.
Look first at Putin’s domestic goals. His core concern, as with any despot, is the legitimacy of his pseudo-democratic autocracy – which means, in turn, discrediting the very different features of the liberal democracies of the West. And in this, he must be scarcely able to believe his luck. After decades of the West’s championing of liberal democracy, the American president has spent his first year attacking it. Trump has exhibited contempt for a free press, describing the bulk of Western journalism as “fake news,” words that have gladdened the hearts of dictators across the planet. He has minimized Putin’s assassination of critical journalists, saying that America has no moral standing to criticize. He has treated the judiciary either as instruments of loyalty — hence his packing of the federal bench — or as pests to be slandered or dismissed. He prefers total loyalty from law-enforcement officials to the actual rule of law. For good measure, Trump has legitimized Putin’s core model of governance — that of a benevolent cult hero of the nation, shored up by religious reactionaries — by plagiarizing it. As for the other critical aspect of Putinism — the looting of the treasury by oligarchs — I give you the latest tax bill. It even carves out special goodies for real-estate investors.
Then there is Russia’s permanent interest in deepening the racial and partisan divides in America — the better to force the United States to be more concerned with internal strife than with foreign affairs. On this, Putin’s success is even more impressive. What better propaganda could the Kremlin get than the Charlottesville horrors, the racial divide crippling the NFL, or the candidacy of Roy Moore? In the Cold War, the Kremlin constantly cited America’s racial strife as proof that, whatever its democratic pretensions, the country was still a bastion of white supremacy. Now, much of American academia and an entire rising generation agree with what the Soviets long argued. As for the stability and legitimacy of liberal capitalism, Putin could scarcely do better than the GOP tax proposal. When economic inequality is at record highs, undermining the social compact that undergirds capitalism, the GOP is making things far worse. It would also add well over a trillion dollars to the U.S. debt. Trump is not just looting the Treasury for himself and his buddies, he is looting the younger generation as well.
Internationally, Putin has had an even bigger year. One of his central goals — the disintegration of the European Union and the entire concept of the West — has been advanced by Washington in ways never seen before. Trump backed Brexit, breaking the U.K. away from its European partners; he supported Marine Le Pen in France for the same reason; and he has routinely lambasted Merkel, whose power is now hanging by a thread. He chose Poland, where an authoritarian party is busy dismantling judicial independence, as the site for his major foreign-policy address. He has permanently undermined the core Article 5 commitment that an attack on one NATO country is an attack on all of them, by being the first U.S. president to equivocate on it. America has also broken with its European allies by withdrawing from the Paris Accords on climate, threatening the Iran nuclear deal, and backing the ethno-nationalist extremists who now run Israel on the status of Jerusalem. Last week, the U.S. found itself utterly isolated at the U.N. on the question, and openly threatening all its allies with payback. In the Middle East, Russia has never been stronger — it is now the key player in the future of Syria, while Putin’s naked annexation of Crimea and sections of eastern Ukraine remains in place, unmentioned by the White House.
What more could Putin ask for? Well, he could hope that his grotesque attack on the last U.S. election would lead to no serious effort to prevent it happening again. And lo, an American president has emphatically refused to lift a finger to defend the Constitution he is duty bound to protect. There’s been no attempt by the White House to protect the integrity of our elections — just a constant disdain for those who worry about them, and a general, somewhat egregious, complacency.
No American president in history has ever given Russia so much in so short a time. Congrats, Vladimir. You’ve achieved what no Soviet dictator ever managed to. Your asset in the White House, figurative or not, has given more than all the British and American traitors in the history of the Cold War.”
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The Trump Administration is a clear and present danger to the safety and security of the United States of America.
“Washington (CNN)In the end, the calendar won — and that has some recalculating who will have leverage in January for negotiations on immigration.
Congress finished up its business for the year Thursday night and left town without resolving major outstanding issues — including a resolution for the Deferred Action for Childhood Arrivals program, which lawmakers had repeatedly pledged to fix before the end of the year.
Republicans voted to pass an extension of government funding through mid-January without acting on immigration, health care or disaster spending issues, pushing a showdown into January.
Some DACA advocates worry that by not forcing a government shutdown fight, they gave up leverage for next year.
“I think it’s pretty evident that — how do I say this kindly — that there was some leverage potentially to do (DACA) this year, I think Nancy (Pelosi) and the Democrats kind of abandoned it,” said Republican Rep. Mario Diaz-Balart of Florida, who has long supported immigration reform. “But I’m still committed to getting it done and I think it will get done.”
close dialog
DACA protected from deportation young undocumented immigrants who came to the US as children. But after President Donald Trump decided to end the program, DACA permits are set to begin expiring in early March. So the closer talks get to that date, it could make Democrats more desperate to secure a fix, and they will have to swallow more concessions — or at least so some Republicans hope.
“Yeah, I do have concerns about that,” Sen. Kamala Harris, a California Democrat who’s a leading progressive advocate for DACA in the Senate, said about the potential that a deal will get worse for supporters as negotiations slip into the new year.
Supporters also note that despite Trump’s plan to have no permits expire before March by offering a renewal window, more than 20,000 DACA recipients were either unable or unwilling to renew, meaning an average of 122 of them are losing their protections every day. Moreover, experts have expressed concern that any replacement program will take time to establish, resulting in potential gaps in protections the later it gets.
Harris noted the daily number of individuals losing status and living with the fear of possible deportation and inability to work.
“These timelines are not theoretical,” she said. “There is literally a consequence each day we don’t get it done.”
Her concerns were echoed by Republican Rep. Carlos Curbelo of Florida, who has been pushing hard in the House for a compromise on DACA.
“I think the later it gets on this issue, the more difficult it will be to put together a workable compromise for everyone,” Curbelo said.
Negotiations continue
Negotiations will continue during the holiday break on possible solutions such as pairing a DACA fix with conservative asks like border security, interior enforcement and some elements of immigration reform. On the Senate side, Democratic Whip Dick Durbin’s bipartisan working group will continue to meet, likely by phone, according to a source familiar.
Senate Majority Leader Mitch McConnell, a Kentucky Republican, pledged Wednesday to call a bill to the floor if the working group can reach a deal that’s acceptable to both sides.
On the House side, bipartisan talks have made substantial progress and the result of those efforts could be introduced in January, when lawmakers are looking to move a deal, though House leadership has not committed to endorse any of those efforts.
One Republican aide said that if lawmakers can reach a compromise in the time the continuing budget resolution buys them, leverage won’t change much from the end of December. But closer to March is less forgiving for Democrats.
“I don’t think it’s a victory for either side. It epitomizes what Congress does best, which is kicking the can down the road,” the aide said on condition of anonymity in order to speak candidly. “Now, if we manage to kick it down the road past January 19, maybe the dynamic changes.”
Sending a message
Democrats hope that the strong show of force against the continuing resolution — which passed the House with only 13 Democrats and lost 16 Republicans, and passed the Senate with 32 Democratic no votes — will send a message to Republicans that they will have to negotiate in January.
As lawmakers had faced the possibility of a government shutdown over Christmas, Republicans who have had major opposition to various elements of government funding mostly agreed to punt the issue to January. But Democrats expect that the next go-round, they will not be so willing, and Republicans will have to come asking for Democratic votes.
“I think we end up being in a better position, because they cannot hold their caucus,” said Democratic Rep. Ruben Gallego of Arizona. “At some point, the Freedom Caucus and the sort of conservative hawks will end up revolting against a CR, and that’s why we need to stay strong, in the House and in the Senate.”
The Congressional Hispanic Caucus, of which Gallego is a member, made a last-minute march to Senate Minority Leader Chuck Schumer’s office on Thursday to urge him to hold his caucus against the continuing resolution. While it was never expected that Democrats would deny the House-passed CR the votes it needed, especially with vulnerable red state Democrats up for re-election, the hope was that a strong showing of no votes would help send a message to Republicans.
“It keeps the momentum, and I think as we get into more complicated issues like the (spending) cap and others, that presence is just going to get stronger and stronger, because internally they’re going to get to the same point that Boehner was at and Ryan’s been at trying to hold those groups,” said Rep. Raul Grijalva, an Arizona Democrat, referring to former House Speaker John Boehner and current Speaker Paul Ryan.
“I think it’ll intensify and become more urgent and bitter, period,” Grijalva added of January’s new deadline. “There’s no way to go but it getting more bitter.”
I think that the Dems will have much the same “leverage” in January, but better “optics.” And, the GOP won’t be able to pass a budget without the Dems help. That’s because of the irresponsible “Bakuninist Wing” of the GOP (a/k/a the “Freedom Caucus”) which is committed to a program of anarchy and destruction of all viable public services. With the holidays over, and most voters (including some of the GOP’s “corporate sponsors”) wanting some Dreamer relief, I think the Dems can hold the line and, if it comes to that which I hope to won’t, let the GOP (after all, they control all branches of Gov) shut things down.
I realize that the Dreamers have been “left behind” before and are growing impatient. But, I think they need to “ease up” a bit on the Dems. The GOP has a fairly narrow base to “play’ to (mostly the rich and the disgruntled who wish they were rich). But, the Dems have a wider constituency that they need to keep on board. Sending Government workers home for the Christmas holidays without paychecks wouldn’t play so well everywhere. I know that as Government worker, I was upset each time we had a useless “shutdown.”
So, hang in there Dreamers. I think you day will be coming in the near future.
“Reuters) – A U.S. appeals court on Friday said President Donald Trump’s hotly contested travel ban targeting people from six Muslim-majority countries should not be applied to people with strong U.S. ties.
The 9th U.S. Circuit Court of Appeals, which covers several West Coast states, also said its ruling would be put on hold pending a decision on the latest version of the travel ban from the Trump administration by the U.S. Supreme Court.
Since taking office in January, Trump has been struggling to enact a ban that passes court muster.
A three-judge panel from the 9th Circuit narrowed a previous injunction from a lower federal court to those people “with a credible bona fide relationship with the United States.”
It also said that while the U.S. president has broad powers to regulate the entry of immigrants into the United States, those powers are not without limits.
“We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority,” the panel said.
The ban targets people from Chad, Iran, Libya, Somalia, Syria and Yemen seeking to enter the United States. The Republican president has said the travel ban is needed to protect the United States from terrorism.
The state of Hawaii, however, challenged it in court, and a Honolulu federal judge said it exceeded Trump’s powers under immigration law.
Trump’s ban also covers people from North Korea and certain government officials from Venezuela, but the lower courts had already allowed those provisions to go into effect.
The same three judge 9th Circuit panel, which limited a previous version of Trump’s ban, heard arguments earlier this month. Some of the judges appeared more cautious toward the idea of blocking the president’s policy.
Trump issued his first travel ban targeting several Muslim-majority countries in January, which caused chaos at airports and mass protests.
He issued a revised one in March after the first was blocked by federal courts.
That expired in September after a long court fight, and was replaced with the current version.
The ban has some exceptions. Certain people from each targeted country can still apply for a visa for tourism, business or education purposes, and any applicant can ask for an individual waiver.
U.S. Justice Department officials were not immediately available for comment.
(Reporting by Dan Levine in San Francisco and Jon Herskovitz in Austin, Texas; Editing by Tom Brown)”
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I think the result here is largely a symbolic protest against Trump by the 9th Circuit. The court stayed it’s own order, pending inevitable Supreme Court review; therefore, the ruling changes nothing.
But, in reality, although going through the motions of pressing the lower courts to rule, it appears that the majority of the Supremes have already decided Travel Ban 3.0 in favor of the Trump Administration. Otherwise, the Supreme’s recent decision to stay the lower court injunctions pending review would fall somewhere between inexplicable to indefensible on the scale of judicial conduct. Justices Ginsburg and Sotomayor dissented from the lifting of the stay. Therefore, I would expect a “split decision,” with the Administration’s margin of victory to be in the range of 5-4 to 7-2.
“FAMILIES AND unaccompanied children detained at the Mexican border are often fleeing horrific conditions in Central American countries, especially El Salvador, Guatemala and Honduras, where violent gangs, drug trafficking and rampant criminality contribute to some of the world’s highest murder rates. Now the Trump administration, alarmed at the recent surge in border crossers, is considering a new strategy to deter them. The message: “You think your native country is cruel? America is even crueller.”
That’s the logic behind a proposal under consideration by Homeland Security Secretary Kirstjen Nielsen that would try to discourage migrant families from crossing the border by threatening to separate parents from their children when they are taken into custody in the United States.
Until now, that approach has been beyond the pale for U.S. officials, who rejected it as inhumane and coldhearted in the extreme, given the trauma it would inflict on children, who by definition are innocent.
If Ms. Nielsen gives the green light to break up migrant families, many of whom have plausible asylum claims, she would be responsible for a policy whose heartlessness would rival that of Executive Order 9066, which authorized the forcible internment of some 110,000 U.S. citizens and noncitizens of Japanese descent during World War II. Four decades after that act of mass inhumanity, President Ronald Reagan signed legislation formally apologizing for it.
Arrests by the Border Patrol plummeted after Mr. Trump took office nearly a year ago, reflecting a decline in illegal border crossing driven at least partly by the president’s aggressive anti-immigrant rhetoric. Despite that, detentions began climbing again in the spring — mainly of families and solo children. And in November, more than 7,000 “family units” were taken into custody at the border, a 45 percent surge compared with October; in the same month, the number of unaccompanied minors crossing the border shot up by a quarter.
U.S. officials are correct that those families take tremendous risks, often at the hands of coldblooded smugglers who guide them north to the border. They are also justified in wanting to discourage migrants from undertaking the journey, in which ransom, rape and other forms of abuse are rampant.
The right way to do that is not to double down on the cruelty with which those families already contend by tearing children from their parents’ arms. What’s more, it is unlikely to work in the case of families and children who flee their native countries in fear for their lives.
Heedless of horrendous conditions in Central America, the Trump administration cynically believes border-crossing families are trying to game America’s system, with its years-long backlog in immigration courts and legal protections that allow many people to live and work freely while they await adjudication of their cases. In fact, many have legitimate asylum claims based on the threats they face in their home countries, and all are entitled to due process.
The idea of wrenching children from their families was first entertained in March by then-Homeland Security Secretary John F. Kelly, now the White House chief of staff, who said the minors would be “well cared for as we deal with their parents.” Has a U.S. official ever issued a more chilling “assurance”?”
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On the eve of the day when the world’s Christians celebrate the birth of Jesus Christ, I find it ironic that we have a President who uses “Merry Christmas” as an “in your face” insult to followers of other religions and atheists, yet with every day in office moves us further and further as a nation away from the humane, compassionate values and teachings of Jesus.
Indeed, were Christ to return to earth today, he would most certainly be found among the vulnerable and downtrodden known as “undocumented migrants” or among those assisting them. He would never walk among the Pharisees such as Trump, Sessions, and Pence. The undocumented are truly the “children of God;” Trump and his followers, not so much.
COMPLAINT AGAINST CHIEF IMMIGRATION JUDGE FOR ORDERING JUDGES TO IGNORE FEDERAL LAWS PROTECTING CHILDREN
by Bryan Johnson on December 22, 2017
The following complaint was filed today against Chief Immigration Judge, MaryBeth Keller for ordering immigration judges to disregard special legal protections for unaccompanied children as mandated by 8 USC 1232(e):
Gotta believe that this one will get a quick coat of whitewash from EOIR, particularly since Chief Judge Keller’s “rise through the ranks” of the HQ bureaucracy was fueled, in part, by her role as the Assistant Chief Judge in charge of Judicial Conduct.
I always liked Chief Judge Keller, who once worked for me at the BIA. She’s a fundamentally decent person working for a bad guy (Jeff Sessions) and just trying to hang onto her job and limit the damage as best she can until she’s eligible to retire. I doubt that the “offending (and offensive) memo” was her idea. She was undoubtedly ordered to write it by Acting Director McHenry and his “handlers” at the DOJ. And, it certainly echoes Sessions’s clear bias against all immigrants, particularly young people of color. Remember the completely uncalled for “smear job” he did on “Dreamers” while gleefully announcing their planned demise as if it were some great achievement, rather than something of which we all should be ashamed?
Dreamers make our country better; Gonzo Apocalyto, not so much.
But so many foreigners had flooded into the country since January, he vented to his national security team, that it was making a mockery of his pledge. Friends were calling to say he looked like a fool, Mr. Trump said.
According to six officials who attended or were briefed about the meeting, Mr. Trump then began reading aloud from the document, which his domestic policy adviser, Stephen Miller, had given him just before the meeting. The document listed how many immigrants had received visas to enter the United States in 2017.
More than 2,500 were from Afghanistan, a terrorist haven, the president complained.
Haiti had sent 15,000 people. They “all have AIDS,” he grumbled, according to one person who attended the meeting and another person who was briefed about it by a different person who was there.
Forty thousand had come from Nigeria, Mr. Trump added. Once they had seen the United States, they would never “go back to their huts” in Africa, recalled the two officials, who asked for anonymity to discuss a sensitive conversation in the Oval Office.
As the meeting continued, John F. Kelly, then the secretary of homeland security, and Rex W. Tillerson, the secretary of state, tried to interject, explaining that many were short-term travelers making one-time visits. But as the president continued, Mr. Kelly and Mr. Miller turned their ire on Mr. Tillerson, blaming him for the influx of foreigners and prompting the secretary of state to throw up his arms in frustration. If he was so bad at his job, maybe he should stop issuing visas altogether, Mr. Tillerson fired back.
Tempers flared and Mr. Kelly asked that the room be cleared of staff members. But even after the door to the Oval Office was closed, aides could still hear the president berating his most senior advisers.
Sarah Huckabee Sanders, the White House press secretary, denied on Saturday morning that Mr. Trump had made derogatory statements about immigrants during the meeting.
“General Kelly, General McMaster, Secretary Tillerson, Secretary Nielsen and all other senior staff actually in the meeting deny these outrageous claims,” she said, referring to the current White House chief of staff, the national security adviser and the secretaries of state and homeland security. “It’s both sad and telling The New York Times would print the lies of their anonymous ‘sources’ anyway.”
While the White House did not deny the overall description of the meeting, officials strenuously insisted that Mr. Trump never used the words “AIDS” or “huts” to describe people from any country. Several participants in the meeting told Times reporters that they did not recall the president using those words and did not think he had, but the two officials who described the comments found them so noteworthy that they related them to others at the time.
The meeting in June reflects Mr. Trump’s visceral approach to an issue that defined his campaign and has indelibly shaped the first year of his presidency.
How We Reported This Story
The Times conducted over three dozen interviews with current and former administration officials, lawmakers and others close to the process.
Seizing on immigration as the cause of countless social and economic problems, Mr. Trump entered office with an agenda of symbolic but incompletely thought-out goals, the product not of rigorous policy debate but of emotionally charged personal interactions and an instinct for tapping into the nativist views of white working-class Americans.
Like many of his initiatives, his effort to change American immigration policy has been executed through a disorderly and dysfunctional process that sought from the start to defy the bureaucracy charged with enforcing it, according to interviews with three dozen current and former administration officials, lawmakers and others close to the process, many of whom spoke on the condition of anonymity to detail private interactions.
But while Mr. Trump has been repeatedly frustrated by the limits of his power, his efforts to remake decades of immigration policy have gained increasing momentum as the White House became more disciplined and adept at either ignoring or undercutting the entrenched opposition of many parts of the government. The resulting changes have had far-reaching consequences, not only for the immigrants who have sought to make a new home in this country, but also for the United States’ image in the world.
“We have taken a giant steamliner barreling full speed,” Mr. Miller said in a recent interview. “Slowed it, stopped it, begun to turn it around and started sailing in the other direction.”
It is an assessment shared ruefully by Mr. Trump’s harshest critics, who see a darker view of the past year. Frank Sharry, the executive director of America’s Voice, a pro-immigration group, argues that the president’s immigration agenda is motivated by racism.
“He’s basically saying, ‘You people of color coming to America seeking the American dream are a threat to the white people,’” said Mr. Sharry, an outspoken critic of the president. “He’s come into office with an aggressive strategy of trying to reverse the demographic changes underway in America.”
. . . .
Even as the administration was engaged in a court battle over the travel ban, it began to turn its attention to another way of tightening the border — by limiting the number of refugees admitted each year to the United States. And if there was one “deep state” stronghold of Obama holdovers that Mr. Trump and his allies suspected of undermining them on immigration, it was the State Department, which administers the refugee program.
At the department’s Bureau of Population, Refugees and Migration, there was a sense of foreboding about a president who had once warned that any refugee might be a “Trojan horse” or part of a “terrorist army.”
Mr. Trump had already used the travel ban to cut the number of allowable refugees admitted to the United States in 2017 to 50,000, a fraction of the 110,000 set by Mr. Obama. Now, Mr. Trump would have to decide the level for 2018.
At an April meeting with top officials from the bureau in the West Wing’s Roosevelt Room, Mr. Miller cited statistics from the restrictionist Center for Immigration Studies that indicated that resettling refugees in the United States was far costlier than helping them in their own region.
Mr. Miller was visibly displeased, according to people present, when State Department officials pushed back, citing another study that found refugees to be a net benefit to the economy. He called the contention absurd and said it was exactly the wrong kind of thinking.
But the travel ban had been a lesson for Mr. Trump and his aides on the dangers of dictating a major policy change without involving the people who enforce it. This time, instead of shutting out those officials, they worked to tightly control the process.
In previous years, State Department officials had recommended a refugee level to the president. Now, Mr. Miller told officials the number would be determined by the Department of Homeland Security under a new policy that treated the issue as a security matter, not a diplomatic one.
When he got word that the Office of Refugee Resettlement had drafted a 55-page report showing that refugees were a net positive to the economy, Mr. Miller swiftly intervened, requesting a meeting to discuss it. The study never made it to the White House; it was shelved in favor of a three-page list of all the federal assistance programs that refugees used.
At the United Nations General Assembly in September, Mr. Trump cited the Center for Immigration Studies report, arguing that it was more cost-effective to keep refugees out than to bring them into the United States.
“Uncontrolled migration,” Mr. Trump declared, “is deeply unfair to both the sending and receiving countries.”
. . . .
As the new year approached, officials began considering a plan to separate parents from their children when families are caught entering the country illegally, a move that immigrant groups called draconian.
At times, though, Mr. Trump has shown an openness to a different approach. In private discussions, he returns periodically to the idea of a “comprehensive immigration” compromise, though aides have warned him against using the phrase because it is seen by his core supporters as code for amnesty. During a fall dinner with Democratic leaders, Mr. Trump explored the possibility of a bargain to legalize Dreamers in exchange for border security.
Mr. Trump even told Republicans recently that he wanted to think bigger, envisioning a deal early next year that would include a wall, protection for Dreamers, work permits for their parents, a shift to merit-based immigration with tougher work site enforcement, and ultimately, legal status for some undocumented immigrants.
The idea would prevent Dreamers from sponsoring the parents who brought them illegally for citizenship, limiting what Mr. Trump refers to as “chain migration.”
“He wants to make a deal,” said Mr. Graham, who spoke with Mr. Trump about the issue last week. “He wants to fix the entire system.”
Yet publicly, Mr. Trump has only employed the absolutist language that defined his campaign and has dominated his presidency.
After an Uzbek immigrant was arrested on suspicion of plowing a truck into a bicycle path in Lower Manhattan in October, killing eight people, the president seized on the episode.
Privately, in the Oval Office, the president expressed disbelief about the visa program that had admitted the suspect, confiding to a group of visiting senators that it was yet another piece of evidence that the United States’ immigration policies were “a joke.”
Even after a year of progress toward a country sealed off from foreign threats, the president still viewed the immigration system as plagued by complacency.
“We’re so politically correct,” he complained to reporters in the cabinet room, “that we’re afraid to do anything.”
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Read the full, much more comprehensive and detailed, article at the link.
Disturbing for sure, but unfortunately not particularly surprising for those of us who have watched the Administration roll out its toxic, ill-informed immigration policies. Perhaps ironically, while the immigration issue has certainly allowed Trump to capture and control the GOP, polls show that his extreme restrictionist, xenophobic views on immigration are generally out of line with the majority of Americans (although not necessarily the majority of GOP voters).
“Earlier this month, the DHS Office of Inspector General (IG) released a report on “Concerns about ICE Detainee Treatment and Care at Detention Facilities.” According to the ACLU, the way to address the violationsdescribed in this “damning new report” is to “release people from immigration detention and prohibit ICE from using dangerous and inhumane jails.”
The IG found problems at four of the five detention centers it inspected, but it is a stretch to call the report “damning” or to claim that ICE is “using dangerous and inhumane jails.” Many of the problems were relatively minor, and, apparently, all of them are going to be corrected.
The immigration court backlog is so long that, as of October 2017, the average wait for a hearing was 691 days, and Trump’s backlog reduction plan isn’t going to bring it under control.
ICE cannot release detainees because wait-times are too long. Many of them will not return for their hearings. During FY2015, 23.4 percent of the aliens who were released from custody did not return for their hearings, and releases were limited to cases in which there was reason to expect the aliens to return.
Which alternative do you expect the Republicans to choose?”
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Go on over to The Hill to read Nolan’s complete article.
Why Expedited Removal Isn’t the Answer (Leaving Aside The Substantial Legal and Moral Issues Involved):
Under Trump, DHS has already “maxed out” the use of expedited removal at the border.
While Trump’s Executive Order called for an expansion of expedited removal to individuals who have been in the country for less than two years, that requires a regulatory change which, curiously, the DH’s has failed to accomplish in the nearly one year since the Executive Order.
Even with expedited removal expanded to two years, the vast majority of individuals comprising the “court backlog” have been there at least that long and therefore wouldn’t be candidates for expedited removal.
Of those limited number who have been in the U.S. for less than two years, many have already passed “credible fear” or “reasonable fear” and are, therefore, entitled to Individual hearings.
Some of those removed from the docket for expedited removal could still pass the “credible fear” or “reasonable fear” process before the Asylum Office and have their cases restored to the Immigraton Court docket (with an entirely new proceedings that would have to “start from scratch”).
Under BIA rulings, once proceedings have commenced before the Immigration Court, the DHS can’t unilaterally remove them from the court’s docket for expedited removal. It requires a DHS motion to terminate, a chance for the respondent to be heard in opposition, and a decision by the Immigration Judge. Given the administrative mess at both EOIR and DHS Chief Counsel, filing and responding to those motions can be an administrative problem. Moreover, although almost all motions to terminate for expedited removal ultimately are granted by the Immigraton Judges, the termination is a “final order” subject to appeal to the BIA.
Individuals placed in expedited removal whose “credible fear’ or “reasonable fear” claims are rejected, have a right to expedited review before an Immigraton Judge. Such reviews generally take precedence over other types of cases, but do not produce “final orders” from the Immigraton Judge. At some level, ratcheting up the expedited removal process actually inhibits the processing of previously scheduled cases before the Immigration Court.
What Does Work:
Alternatives to Detention (“ADT) such as ankle bracelet monitoring. See, e.g., http://lirs.org/wp-content/uploads/2017/06/The-Real-Alternatives-to-Detention-FINAL-06.27.17.pdf
This strongly suggests that immigration hearings conducted for unrepresented individuals are inherently unfair and a denial of due process, something that should be (but isn’t) the number one concern of the DOJ and EOIR.
My own experience at the Arlington Immigration court was that individuals 1) represented by counsel , and 2) with applications for relief filed showed up for their hearings nearly 100% of the time. Indeed, beyond criminal record and family ties, those were the two most significant factors for me in setting immigration bonds.
An Administration truly interested in improving the performance of the Immigration Courts, achieving due process, and lessening the need for immigration detention would be working closely with NGOs, bar associations, states and localities, and ADT providers to develop cooperative ways of maximizing representation in Immigraton Court, But, this Administration is far more interested in advancing a xenophobic, White Nationalist agenda than it is in fairness, due process, or solving problems.
“After his tax bill victory on Wednesday, Donald Trump graciously called a Cabinet meeting—he probably sensed his staff was itching to get something off its chest. If he had not convened his cheerleading squad, it’s possible they would have been borne away by their unvented amazement, swept into the streets like Enoch to heaven. The president of the United States would not allow such a thing to happen to his beloved staff.
ADVERTISING
KATY WALDMAN
Katy Waldman is a Slate staff writer.
Right before the speeches began, though, Trump looked mad. What if all the nice things people said about him failed to live up to the nice things he deserved to hear? Florid with dark expectation—already anticipating the insufficiency of the praise—Trump gestured at his No. 2 and curtly prompted him to “say a few words.”
“I’m deeply humbled, as your vice president, to be able to be here.”
That was Mike Pence’s cue. Those of us watching on TV were left to imagine the vice president’s rapturous expression as the back of his head started to enumerate the blessings Trump has brought to America.
“You’ve restored American credibility on the world stage.”
Meanwhile, the camera was a surrogate for the president’s mind. It focused intently on Trump, his stormy visage framed by the piously downcast faces of his white male priesthood, which on Wednesday included Ryan Zinke, Rex Tillerson, Jim Mattis, and Wilbur Ross.
“You’ve spurred an optimism in this country that’s setting records.”
Trump, in implacable Apprentice mode, clenched up like a fist, his arms crossed over his chest. He looked like a mafia boss hearing the news that his heavies had just been iced and tossed into the Hudson with cement around their ankles. Meantime, in our world, his cronies were delivering what the Washington Post calculated to be 14 compliments in less than three minutes, at a rate of approximately one commendation per 12.5 seconds.
“You’ve signed more bills rolling back federal red tape than any president in American history.”
As my colleague Ruth Graham pointed out to me, Pence’s lavish ode was less a piece of political rhetoric emanating from the government headquarters of a democratic country than a freestyle evangelical orison: Lord, we just come to you today with thanks, Lord. You promised us tax reform, and Lord we are just so humbled, Lord, that you have fulfilled your promise.
“Because of your leadership, Mr. President, and because of the strong support of the leadership in the Congress of the United States, you’re delivering on [a] middle-class miracle.”
“You’ve actually got the Congress to do, as you said, what they couldn’t do with [the Arctic National Wildlife Refuge in Alaska] for 40 years.”
The vice president has made himself an instrument of Trumpian divinity before. He formed part of a backdrop of aggressive Jesus-worship during Trump’s announcement that the United States would recognize Jerusalem as the capital of Israel. (Muslim viewers, triply assaulted by Pence; Christmas lights; and an extravagant, beribboned tree, surely got the hint.) And in October, the White House deployed Pence as a culture-war pawn, sending him to an NFL game and instructing him to leave early when the players inevitably knelt to protest police violence. “Pence did not take this job to perform demeaning tasks for the pleasure of his boss; he was expected to use his ties to the GOP establishment to help push Trump’s agenda through Congress,” wrote Mark Joseph Stern at the time. “But following the administration’s failure to repeal and replace Obamacare, Trump seems to be repurposing Pence … as a prop in the grudges he fosters to keep his white working-class base satisfied.”
“You got the Congress to do, with tax cuts for working families and American businesses, what they haven’t been able to do for 31 years.”
Before he linked his political fortunes to Trump, the former governor of Indiana was known to prioritize values over results. As Stern observed, Pence made his name in the House of Representatives “playing up his Christian conservative credentials by introducing symbolic bills and resolutions that went nowhere.” In the governor’s house, he often “let ideology trump pragmatism,” as when he backed a draconian anti-abortion measure that was swiftly struck down as unconstitutional.
“And you got Congress to do what they couldn’t do for seven years, in repealing the individual mandate in Obamacare.”
The Trump presidency is often accused of degrading American institutions, from the courts to the press to the government agencies that now hustle to undermine their stated missions. It’s easy to forget how corrupt organizations can also degrade individuals.
“Mostly, Mr. President, I’ll end where I began and just tell you, I want to thank you, Mr. President.”
Sacrificing results to values is one thing. The shameful spectacle of Pence, a U.S. elected official, toadying up to his fuming, incompetent boss as his peers nodded along felt like a glimpse from some dark totalitarian timeline. It was unreal: Cabinet members called together to fawn over their leader in the most obsequious possible terms, as he steamed in the center of the camera frame like a bratty starlet caught in a downpour, and the chyrons ran past with their tidings of tax-related disaster.
“I want to thank you for speaking on behalf of and fighting every day for the forgotten men and women of America.”
Mike Pence, featuring Dido:
“Because of your determination, because of your leadership, the forgotten men and women of America are forgotten no more.”
What Pence may have discovered when he put his faith in a new Lord was that his religiosity was a perfect match for Trump’s petulant ego. They are grim idol and trembling sycophant, the one’s insatiable need for reverence answered in the depths of the other’s devotional temperament.
“And we are making America great again.”
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Thanks, Katy, for giving us such deep insight into one of the shallowest minds in America!
“A Dec. 20 memo, issued by the Executive Office for Immigration Review (EOIR) replaces 2007 guidelines, spelling out policies and procedures judges should follow in dealing with children who crossed the border illegally alone and face possible deportation.
The new memo removes suggestions contained in the 2007 memo for how to conduct “child-sensitive questioning” and adds reminders to judges to maintain “impartiality” even though “juvenile cases may present sympathetic allegations.” The new document also changes the word “child” to “unmarried individual under the age of 18” in many instances.
An EOIR official said the new memo contained “clarifications and updates” to 10-year-old guidance “in order to be consistent with the laws as they’ve been passed by Congress.” The new memo was posted on the Justice Department website but has not been previously reported.
Immigration advocates said they worry the new guidelines could make court appearances for children more difficult, and a spokeswoman for the union representing immigration judges said judges are concerned about the tone of the memo.
President Donald Trump has made tougher immigration enforcement a key policy goal of his administration, and has focused particularly on trying to curb the illegal entry of children. The administration says it wants to prevent vulnerable juveniles from making perilous journeys to the United States and eliminate fraud from programs for young immigrants.
One changed section of the memo focuses on how to make children comfortable in the court in advance of hearings. The old guidance says they “should be permitted to explore” courtrooms and allowed to “sit in all locations, (including, especially, the judge’s bench and the witness stand).”
The new guidance says such explorations should take place only “to the extent that resources and time permit” and specifically puts the judge’s bench off limits.
The new memo also warns judges to be skeptical, since an unaccompanied minor “generally receives more favorable treatment under the law than other categories of illegal aliens,” which creates “an incentive to misrepresent accompaniment status or age in order to attempt to qualify for the benefits.” It also says to be on the lookout for “fraud and abuse,” language that was not in the previous memo.
‘WOLVES IN SHEEP CLOTHING’
Immigration judges are appointed by the U.S. Attorney General and courts are part of the Department of Justice, not an independent branch. The only sitting immigration judges routinely allowed to speak to the media are representatives of their union, the National Association of Immigration Judges.
Dana Marks, a sitting judge and spokeswoman for the union, said the “overall tone” of the memo “is very distressing and concerning to immigration judges.”
“There is a feeling that the immigration courts are just being demoted into immigration enforcement offices, rather than neutral arbiters,” Marks said. “There has been a relentless beating of the drum toward enforcement rather than due process.”
Former immigration judge Andrew Arthur, who now works at the Center for Immigration Studies, which promotes lower levels of immigration overall, said the new guidelines were needed.
In their previous form, he said, “so much emphasis was placed on the potential inability of the alien to understand the proceedings … that it almost put the judge into the position of being an advocate.”
The courts have had to handle a surge in cases for unaccompanied minors, mostly from Central America, after their numbers sky-rocketed in 2014 as violence in the region caused residents to flee north.
While illegal crossings initially fell after Trump took office, U.S. Customs and Border Protection said that since May, each month has seen an increase in children being apprehended either alone or with family members.
Attorney General Jeff Sessions said in a speech in Boston in September that the special accommodations for unaccompanied minors had been exploited by “gang members who come to this country as wolves in sheep clothing.”
Echoing some of these concerns, the new memo notes in a preamble that not all child cases involve innocents, and that the courts might see “an adolescent gang member” or “a teenager convicted as an adult for serious criminal activity.”
Jennifer Podkul, policy director of Kids in Need of Defense (KIND) said Congress included special procedural protections for immigrant children in a 2008 anti-trafficking bill to “make sure that a kid gets a fair shot in the courtroom.”
“These kids are by themselves telling a very complicated and oftentimes very traumatic story,” said Podkul. “The approach of this memo, which is much more suspicious, is not going to help get to the truth of a child’s story.”
In cases where children are called to testify, the old guidance instructed judges to “seek to limit the amount of time the child is on the stand.” The new guidance says that judges should “consider” limiting the child’s time on the stand “without compromising due process for the opposing party,” which is generally a government prosecutor.
The memo leaves in a range of special accommodations made for children, including allowing them to bring a pillow or booster seat or a “toy, book, or other personal item.” It also maintains that cases involving unaccompanied minors should be heard on a separate docket when possible and that children should not be detained or transported with adults.
Reporting by Mica Rosenberg; Editing by Sue Horton and Mary Milliken”
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Yes, my dear friend Judge Dana Leigh Marks, Gonzo sees and treats the U.S. Immigration Courts as part of DHS Enforcement — “Just a Whistlestop on The Deportation Express.”
After 35 years of flawed DOJ stewardship and improper political meddling by all Administrations, the U.S. Immigration Courts are largely back in the same hopeless, understaffed, incompetently administered, enforcement-dominated mess that they were in 1983 when the Reagan Administration created EOIR to provide at least some actual and apparent separation between prosecutorial and judicial functions.
The only solution is an independent Article I U.S. Immigration Court. Until that happens, failure, inefficiency, ands unfairness will continue to plague the immigration Court system.
Eventually, the Article III reviewing courts are going to have to decide whether 1) to simply put the Constitution and their judicial oaths in the drawer and give the Executive a “free pass” on immigration; or 2) do their duty, stop the train, and essentially take over the administration of the immigration Courts by ordering Immigration Judges and the BIA to conform to certain basic due process requirements or face the prospect of having almost every Petition for Review returned for a “redo.” If you think the backlog is bad now, wait till that happens.
At this point, I hope for #2, but see #1 as a distinct possibility, particularly as Trump continues to co-opt the Article III judiciary with judges for whom loyalty to Trump and his agenda appears a more important qualification that a reputation for scholarship, legal excellence, collegiality, impartiality, and fairness.
I also found the comments of my former colleague Judge (Retired) Andrew Arthur somewhat puzzling. If you are a judge in a courtroom actually trying to carry out your constitutional duty to provide due process and fairness; the DHS is represented by an experienced Assistant Chief Counsel; and you have an unrepresented kid who is scared to return his or her home country, who is going to be that child’s advocate if not the Immigration Judge?
Rather than bogus guidelines, the Administration should be doing the right thing and the smart thing — working with the private bar to insure that cases involving claims for asylum and other protection are docketed and scheduled in a manner that insures that each applicant will have reasonable access to pro bono or low bono counsel before filing the Form I-589 for asylum.
To take the most obvious example, Jennifer Podkul, Policy Director of Kids in Need of Defense (“KIND), and Wendy Young, Executive Director of KIND are as smart as any lawyers around. They want the Immigration Court system to succeed in a fair and efficient manner. They have spent more time thinking about the problems of kids in Immigraton Court and how to solve them than any individual or group of individuals now in the US. Government.
So, instead of “trashing” immigration lawyers, why don’t Sessions and his subordinates at DOJ sit down with Young, Podkul, and some of their other high-powered NGO colleagues, and Judge Marks and the NAIJ and work out a solutionfor getting kids through the Immigraton Court system in a fair manner consistent with Due Process? Why is Sessions so afraid to venture outside of his little “restrictionist world” in trying to solve problems?
But, unfortunately, this Administration is much more interested in forcing failure on the system and then pointing fingers at the victims, that is, the migrants seeking justice, than it is in achieving the real reformsnecessary to get our U.S. Immigration Courts operating in a fair, impartial, and efficient manner, consistent with the law and Constitutional Due Process.
“Trump fully embraces far right immigration playbook
By: Tal Kopan, CNN
President Donald Trump and his administration have been sending a message in recent weeks: Trump’s campaign rhetoric on immigration was not just talk. In fact, it was just the beginning.
Trump has never shied from his attacks on illegal immigration, which, alongside a US-Mexico border wall, was a core component of his campaign.
But doubts existed about his commitment level, as some of the more aggressive proposals considered by the administration languished in bureaucratic morass and as he said strongly favorable things about recipients of the Deferred Action for Childhood Arrivals program in September as he opted to end it.
RELATED: DACA negotiations reach critical week
Of late, however, Trump and the administration have upped their rhetoric on immigration.
Trump has railed in several instances against “chain migration” and lotteries for green cards. His administration is moving to alter a program for the spouses of high-skilled visa holders. And the White House and Congress remain far apart on how to address DACA.
In mid-September, Trump wrote, “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military?”
But since then, he has insisted on controversial immigration reduction proposals that would have a hard time passing even among some Republicans, including drastically cutting the overall number of green cards given out annually and transforming the way they are given out, placing a heavy emphasis on only highly skilled, English-speaking immigrants and not low-skilled individuals.
Groups that have long advocated for reducing overall immigration are energized.
“We’re excited about how the administration has held firmly to these issues,” said Dan Stein, president of the Federation for American Immigration Reform. “We’ve put almost $1 million into ads. … This is the moment we’ve been waiting for four decades.”
Stein was especially pleased with Trump’s recent insistence that any deal to save DACA, which protected young undocumented immigrants brought to the US as children, include cuts to family-based immigration, or “chain migration,” and the diversity visa program, which allows up to 50,000 individuals from countries with low levels of immigration to the US to come on visas distributed by lottery.
Chain migration focus
The administration also was quick to point out that two recent terrorist attacks in New York City were committed by individuals with connections to family-based migration and the diversity lottery.
“You think the countries’ giving us their best people?” Trump said Friday in a speech to law enforcement personnel. “No. What kind of system is that? They come in by lottery. They give us their worst people, put them in a bin, but in his hand when he is picking them is really the worst of the worst.”
The theme of the dangers of immigrants — despite no research showing them to be more prone to crime than the native-born population — has been particularly hammered by longtime immigration hardliner Attorney General Jeff Sessions.
“If we accept lawlessness, then we encourage lawlessness. When people break our laws without consequences, we shouldn’t be surprised when they continue breaking our laws,” Sessions said in a speech last week. “We should give priority to those who are likely to thrive here — such as those who speak English or are highly skilled — not someone chosen at random or who happens to be somebody’s relative.”
In reality, individuals in those countries are selected randomly but still must meet the security and eligibility requirements placed on all immigrants to actually get their visas. Diversity recipients specifically must also have at least a high school education or equivalent and job experience. The process includes an in-person interview, and anyone that is found to be a security threat would be inadmissible to the US.
While the diversity lottery only affects about 50,000 of roughly 1 million green cards given out to the US annually, Trump has supported legislation from two GOP senators that would drastically reduce family visa categories, cutting yearly numbers in half.
The administration has also made its own efforts to reduce immigration levels without Congress, including setting a historically low number of refugee admissions for next year, instituting the travel ban and submitting would-be visitors and immigrants to “extreme vetting.”
Late last week, the Department of Homeland Security revealed it intends to do away with work permits for spouses of high-skilled visa holders who are waiting in a years-long green card backlog. The announcement also said the agency intends to set a higher bar for the high-skilled visa itself.
New Homeland Security Secretary Kirstjen Nielsen spent last week establishing her hardline immigration bona fides, touting security at the border and attacking sanctuary cities and immigrant-related crime. Her tour came after weeks of broadsides from Trump-aligned sources like Breitbart, which had pejoratively nicknamed her “Lady DACA.”
Leon Fresco, an immigration attorney and Obama administration alum, said that while there may be some fraud in the immigration system, the Trump agenda goes beyond reasonably trying to resolve it.
“They’re not just fixing the system, they are signaling a belief that regardless of their skills and talent, people from foreign countries are not welcome,” Fresco said. “Many of these reforms that are being implemented are simply out of the wishlist of the anti-immigrant groups and are not serving a legitimate purpose of reforming the immigration system. … The goal is to reduce the total number of foreigners.”
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Right on, Leon!
DHS can use more lawyers, better technology, and some new equipment. The Dems certainly could offer up that.
The U.S. Immigration Court could use more resources. But, with “Gonzo” in charge, it’s probably a case of “throwing good money after bad.”
“The Wall” is overkill and has some bad symbology. But, in human rights terms, it’s not as overtly harmful as the other stuff on the restrictionist’s list.
The rest of the “restrictionist wish list” is pretty toxic. Don’t see how the Dems can vote for a bill that contains any of it.
For any of you who thought Tal was “easing up” on her amazing pace, here are her interesting reports on Puerto Rico:
