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

02-05-18 – Gibson Report

HEADLNES:

“TOP UPDATES

Changes to Asylum Interview Scheduling

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

USCIS will follow these priorities when scheduling affirmative asylum interviews:

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

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

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

 

ICE is about to start tracking license plates across the US

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

 

Extension of Syrian TPS

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

 

ICE Releases Directive on Civil Immigration Enforcement Actions Inside Courthouses

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

 

Immigration Legislation Attempts

 

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

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

 

LITIGATION/CASELAW

 

Judge Orders Immediate Release of an Immigrant Rights Activist

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

 

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

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

 

BIA Orders Respondent Detained without Bond Due to DUIs

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

 

BIA Holds Leaving Scene of Accident Not a CIMT

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

CA9 Holds That California Carjacking Is Not a Crime of Violence

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

 

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

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

 

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

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

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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

PWS

02-05-18

PROFESSOR ERIC S. YELLEN IN WASHPOST: TRUMP & GOP’S MOST OUTRAGEOUS WHITE NATIONALIST RACIST PROPOSAL TO DESTROY AMERICA MIGHT NOT EVEN HAVE BEEN HIS RESTRICTIONIST IMMIGRATION PLAN — DESTROYING THE CAREER CIVIL SERVICE PROMISES RETURN TO CORRUPT POLITICAL SPOILS SYSTEM WE ABANDONED NEARLY 150 YEARS AGO! — “Calls for government accountability have long merged racism and anti-government rhetoric but have traditionally stopped short of resurrecting the spoils system.”

https://www.washingtonpost.com/news/made-by-history/wp/2018/02/05/the-corrupt-racist-proposal-from-the-state-of-the-union-address-that-everyone-missed/

Yellen writes:

“President Trump continued his efforts to drive the United States back to the 19th century during his State of the Union address last week.

Standing in front of a divided Congress, with possible obstruction charges looming over him and facing governance struggles produced by his ineffective leadership, the president sought to undermine a 135-year-old law protecting federal civil servants from the whims of tyrants and hacks. “I call on the Congress to empower every Cabinet secretary with the authority to reward good workers — and to remove federal employees who undermine the public trust or fail the American people,” he said.

While this plea sounds sensible, it actually represents a historic threat to the U.S. government and to some of its most vulnerable citizens. Recognizing that threat requires understanding two crucial and related pieces of context — first, how the law Trump seeks to dissolve came into being, and second, how the effort to undermine it fits into a larger pattern of racist ideas driving the Trump administration’s actions.

Why can’t a Cabinet secretary simply fire federal employees? Before 1883, they did just that on a regular basis. Federal employees came and went on the orders of political appointees with each electoral cycle. Every four years, federal workers sat waiting with bags packed to find out if their party would hold on to power and they onto their livelihoods.

Claiming these spoils of victory enabled a president and his Cabinet secretaries to hand out high-paying, desirable jobs to political supporters. Abraham Lincoln famously — or infamously — cleaned house in 1861 to reward his new political party whose members had not tasted federal salaries since the collapse of the Whig party a decade earlier.

But in the 1870s, consistency and competence in the federal bureaucracy became more important as the nation’s political and commercial life grew more complex. Americans became increasingly aware of political corruption (see: the Grant administration) and its drag on government and commercial efficiency. When, in July 1881, President James A. Garfield was assassinated by disgruntled office seeker Charles Guiteau, the push for reform gained enough momentum to force Congress to rein in the patronage system.

The Pendleton Civil Service Reform Act of 1883 cost its namesake, Sen. George H. Pendleton (Ohio), his job in a political backlash against the new anti-spoils system. Nevertheless, the Pendleton Act was a major step forward for good government, and over the next quarter-century the majority of ordinary and largely essential civil service positions became disconnected from political machinations, filled instead through a standard set of hiring practices and exams, and protected from arbitrary firing.

The system was never perfect, and political affiliation has continued to matter for employment prospects in Washington right up through the present. Still, today the U.S. government does have something resembling what political scientists call an “autonomous” civil service — that is, a federal bureaucracy sheltered from political winds.

The result is a more stable and experienced government workforce, a Congress that gets accurate reports from its research bureaus and federal departments that provide a certain level of regulatory consistency for citizens and businesses at home and around the world.

Trump’s upending of decades of civil service protections is not about accountability. Such changes would clearly risk a return to more corrupt and less competent government. Even worse, Trump’s proposal and the rhetoric surrounding it also threaten to undermine a second set of crucial reforms that occurred thanks to the civil rights movement.

During the 1960s, the civil rights movement pushed the government to guarantee racial equality in federal employment. This effort was more successful than attempts to transform the private workforce, largely because of federal training programs, standardized hiring procedures and fixed pay scales that weeded out bias, aggressive anti-discrimination measures and historic mentorship and seniority lines dating to the Johnson administration. Today, African Americans are 30 percent more likely to work in civil service than white Americans. Black men and women, just 13 percent of the U.S. population and with an unemployment rate double that of white Americans, make up about 18 percent of the federal workforce.

Over the past 30 years, conservative valorization of “market solutions” has been accompanied by deeply racialized notions of government inefficiency that aims to undermine these civil rights achievements by invoking the image of a wasteful, corrupt public workforce — one viewed by many Americans as dominated by African Americans. Commentator Pat Buchanan, for example, claimed that federal offices under the Obama administration operated according to a “racial spoils system.” For Buchanan and many others, the drive for a leaner government merges with a racist suspicion of black workers — what they see as the most rotten part of the bureaucracy.

Moreover, the president’s attack on the stability of government jobs comes at a rough time for public servants, who have been battered by austerity measures that have made jobs scarcer.

These measures have also deepened the racial disparity in the public workforce, which, along with the growing racial wealth gap that deprives nonwhite Americans of stability and mobility, transforms Trump’s assault on the Pendleton Act from merely historically ignorant and potentially corrupt into something more. It becomes a nod to the same racist worldview that produces the profound suspicion of people of color that has defined much of Trump’s political life.

Continuous conflation of blackness and wastefulness in American governance, a conflation pushed by writers and politicians like Buchanan and Trump, marks African Americans as incapable of earning “the public’s trust” through good governance, a stain that persists into today’s politics, from assumptions of black voting malfeasance to questions about President Barack Obama’s birth certificate.

And that returns us to Trump’s rise to the presidency. Calls for government accountability have long merged racism and anti-government rhetoric but have traditionally stopped short of resurrecting the spoils system. Then again, politicians have traditionally veiled their positions in generous and moderately realistic visions of humanity to maintain moral ground and the capacity to govern. In his latest call for the gutting of civil service reforms, Trump seems hellbent on surrendering both.

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

As I have mentioned several times before, my more than four decades of working in the field of immigration, and my 21 years of judging individual asylum cases have given me an outstanding chance to study virtually all of the current political and government systems in the world.

The difference between the U.S. and the corrupt states that send us refugees is not necessarily the words of our Constitution. Almost all countries have snazzy sounding constitutions that aren’t worth the paper on which they are written.

The main difference is that the U.S. has a basically honest, dedicated, professional, largely apolitical Career Civil Service that works hard to make sure that the words of our Constitution are translated into actions. Most refugee sending countries have a Trump-like “spoils system” where notwithstanding the words of the constitution and laws, the government is corrupt and run primarily for the benefit of the dictator and his relatives and friends or for the ruling class and their cronies.

When the government changes (usually, although not always, violently) the “new” group, even if it once had a “reform platform,” merely views it as “their turn” to loot and pillage the country and the common people for their own benefit and that of their supporters, be it tribe, ethnic group, or party.

The Trump Administration and the “modern GOP” already have all of the earmarks of a kleptocracy. Letting them destroy our Career Civil Service, the “Jewel in the Crown” of American democracy, would lead to the end of our nation as we have known it.

PWS

02-05-18

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

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

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

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

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

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

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

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

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

PWS

02-05-18

 

 

 

 

HON. JEFFREY CHASE: Matter of W-Y-C- & H-O-B- & The Unresolved Tension In Asylum Adjudication! – Plus My Added Commentary On EOIR Training!

https://www.jeffreyschase.com/blog/2018/2/4/the-proper-role-of-immigration-judges-as-asylum-adjudicators

The Proper Role of Immigration Judges as Asylum Adjudicators

I would like to expand on the topic raised in my response to the BIA’s recent precedent decision in Matter of W-Y-C- & H-O-B-.  In the U.S. system, what tensions exist between an immigration judge’s role as an independent judge within an adversarial system, and his or her overlapping role as an adjudicator of asylum claims?

As we all know, the 1980 Refugee Act was enacted to put the U.S. in compliance with the 1951 Convention on the Status of Refugees (to which the U.S. acceded through the 1967 Protocol).  For that reason, numerous courts through the years have found the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status to provide “significant guidance in construing the Protocol” and a useful instrument “in giving content to the obligations the Protocol establishes,” as the U.S. Supreme Court stated in INS v. Cardoza-Fonseca.  The BIA has referenced the UNHCR Handbook in at least ten precedent decisions, as have numerous circuit courts.

Paragraphs 66 and 67 of the Handbook state the following:

66. In order to be considered a refugee, a person must show well-founded fear of persecution for one of the reasons stated above. It is immaterial whether the persecution arises from any single one of these reasons or from a combination of two or more of them. Often the applicant himself may not be aware of the reasons for the persecution feared. It is not, however, his duty to analyze his case to such an extent as to identify the reasons in detail.

67. It is for the examiner, when investigating the facts of the case, to ascertain the reason or reasons for the persecution feared and to decide whether the definition in the 1951 Convention is met with in this respect… (emphasis added.)

Not surprisingly, this approach is employed by the USCIS Asylum Office.  Created in the implementation of the 1990 asylum regulations, the office’s first director, Gregg Beyer, previously worked for UNHCR for more than 12 years.  The Asylum Officer Basic Training Manual (“AOBTM”) on the topic of nexus states that although the applicant bears the burden of proving nexus, the asylum officer has an affirmative duty to elicit all relevant information, and “should fully explore the motivations of any persecutor involved in the case.”  The AOBTC therefore directs the asylum officer to “make reasonable inferences, keeping in mind the difficulty, in many cases, of establishing with precision a persecutor’s motives.”

The AOBTC also cites the 1988 BIA precedent decision in Matter of Fuentes.1  In that case, the Board held that “an applicant does not bear the unreasonable burden of establishing the exact motivation of a ‘persecutor’ where different reasons for actions are possible.  However, an applicant does bear the burden of establishing facts on which a reasonable person would fear that the danger arises on account of” a protected ground.

In Canada, the Immigration and Refugee Board takes the view that “it is for the Refugee Division to determine the ground, if any, applicable to the claimant’s fear of persecution.”  The U.S. is unusual, if not unique, among western nations in not also delegating this responsibility to immigration judges. Also, note that the IRB references the “Refugee Division;” like many countries, Canada’s equivalent of immigration courts is divided into immigration and refugee divisions, in recognition of the special obligations and knowledge that asylum determinations require.  The U.S. immigration court system does not have a separate refugee determination division; asylum claims are heard by the same judges and under the same conditions as all other types of immigration cases.  Furthermore, as noted above, U.S. immigration judges hear cases in an adversarial setting, in which judges assume a passive, neutral role.

The role of asylum adjudicator carries responsibilities that are at odds with the the role of neutral arbiter.  Asylum adjudicators are required to share the burden of documenting the asylum claim; the UNHCR Handbook at para. 196 states that “in some cases, it may be for the examiner to use all of the means at his disposal to produce the necessary evidence in support of the application.”2  And, as discussed above, once the facts are ascertained, it is the adjudicator who should identify the reasons for the feared persecution and determine if such reasons bear a nexus to a protected ground.

During the Department of Justice’s asylum reform discussions in the early 1990s, Gregg Beyer stated that the idea of separate asylum judges was considered, but ultimately rejected.  To my knowledge, EOIR has never conducted an in-depth analysis of the conflicts between the judge’s responsibilities as an asylum adjudicator and his or her role as a neutral arbiter in adversarial proceedings.  I discussed the Board’s incorrect holding in Matter of W-Y-C- & H-O-B- under which genuine refugees may be ordered returned to countries where they will face persecution because the asylum applicants lacked the sophistication to properly delineate a particular social group, a complex legal exercise that many immigration attorneys (and immigration judges) are unable to do.  The problem also extends to other protected grounds.  Would an unrepresented asylum applicant (who might be a child) understand what an imputed political opinion is?  Would most asylum applicants be able to explain that actions viewed as resisting the authority of a third-generation gang such as MS-13 might constitute a political opinion?  Regulations should be enacted making it the responsibility of immigration judges to consider these questions.  Additionally, immigration judges, BIA Board Members and staff attorneys should be required to undergo specialized training to enable them to identify and properly analyze these issues.

Notes:

1. 19 I&N Dec. 658 (BIA 1988).

2. See also the BIA’s precedent decision in Matter of S-M-J-, 21 I&N Dec. 722 (BIA 1997), which I have referenced in other articles.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.”

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Jeffrey points out the pressing need for better “specialized training” in asylum adjudication for Immigration Judges at both the BIA and Immigration Court levels. Sadly, however, DOJ & EOIR appear to be moving in exactly the opposite direction.

  • Last year, notwithstanding the addition of many new Immigration Judges and retirement of some of the most experienced Immigraton Judges, DOJ cancelled the nationwide Immigration Judge Conference, the only “off the bench” training that most Judges get.
  • Cancellation of the annual training conference or resort to ridiculously amateurish “CD training” was a fairly regular occurrence in the “Post-Moscato Era” (post-2000) of EOIR.
  • Too often so-called “asylum training” at EOIR was conducted by DOJ Attorneys from the Office of Immigration Litigation (“OIL”), Board Members, or Board Staff. The emphasis was basically on “how to write denials that will stand up on appeal” rather than how to recognize and grant legally required protection.
  • Immigration Judges with “special insights” into the situation of asylum seekers seldom were invited to be speakers. For example, one of my most distinguished colleagues was Judge Dana Leigh Marks of the San Francisco Immigration Court. Judge Marks successfully represented the applicant in the landmark U.S. Supreme Court case INS v. Cardoza-Fonseca, 480 U.S. 421 (1987)  (as the INS Deputy G.C. & Acting G.C. I was helping the Solicitor General with the “losing argument” in behalf of my “client.”) Cardoza-Fonseca established the “well founded fear” standard for asylum and probably is the most important case in the history of U.S. asylum law. Yet, I never remember hearing Judge Marks on any panel at the Annual Conference, let alone one dealing with asylum.
  • One notable exception were the “mandatory” presentations by the U.S. Commission on International Religious Freedom (“USCIRF”), an independent Government agency. Led by Senior Advisor on Refugee Issues Mark Hetfield (now President and CEO of HIAS) the USCIRF provided examples of bias in asylum adjudication and explained how Immigration Judges and the BIA sometimes erred by filtering religious claims through our “Americanized Judeo-Christian prism” instead of taking time to understand the unique conditions affecting religion and religious freedom in each country.
  • There was never much positive follow-up on the USCIRF observations. I was probably one of the few Immigration Judges who regularly consulted and discussed the reports and findings of the USCIRF in my decision-making (even many experienced asylum advocates often overlooked this invaluable resource).
  • I remember at my “Immigration Judge Basic Training” in 2003 being told to prepare for the fact that most of my “oral decisions” would be asylum denials. I was skeptical then and found that quite to the contrary, the majority of asylum cases that got to Individual Hearing in Arlington were eminently “grantable.” Pretty much as I had unsuccessfully argued for years with my colleagues while I was on the BIA. For the most part, the U.S. Courts of Appeals eventually reaffirmed much of what my long-since banished “dissenting colleagues” and I had been saying all along about the overly restrictive application of U.S. asylum law by the BIA and many U.S. Immigration Judges.
  • There is absolutely nothing in the recent anti-asylum campaign (based on distorted narratives, no facts, or just plain intentional misinformation) by Attorney General Jeff Sessions and EOIR leadership that would lead me to believe that any type of fair, professional, properly balanced asylum training for Immigration Judges and BIA Appellate Immigration Judges is in the offing.
  • All of this adds up to the pressing need for the elimination of USDOJ control over the U.S. Immigration Courts, the creation of an independent U.S. Immigration Court, and the restructuring of the Immigration Courts into a true Due Process oriented court system, rather than a mere “whistle-stop on the deportation railroad!”

PWS

02-05-18

NEW BIA PRECEDENT SAYS DUI “IS A SIGNIFICANT ADVERSE CONSIDERATION IN BOND PROCEEDINGS” & FINDING OF “DANGEROUSNESS” CAN’T BE “OFFSET” BY CLOSE FAMILY & COMMUNITY TIES IN THE U.S. – MATTER OF SINIAUSKAS, 27 I&N Dec. 207 (BIA 2018)

3914–DUI-Bond

Matter of SINIAUSKAS, 27 I&N Dec. 207 (BIA 2018)

BIA HEADNOTE:

“(1) In deciding whether to set a bond, an Immigration Judge should consider the nature and circumstances of the alien’s criminal activity, including any arrests and convictions, to determine if the alien is a danger to the community, but family and community ties generally do not mitigate an alien’s dangerousness.

(2) Driving under the influence is a significant adverse consideration in determining whether an alien is a danger to the community in bond proceedings.”

BIA PANEL: Appellate Immigration Judges MALPHRUS, MULLANE, and GREER

OPINION BY: Judge Garry D. Malphrus

KEY QUOTE:

“The issue in this case is whether the respondent is a danger to the community, and family and community ties generally do not mitigate an alien’s dangerousness. While there may be a situation where a family member’s or other’s influence over a young respondent’s conduct could affect the likelihood that he would engage in future dangerous activity, this is not such a case. The respondent is an adult and has not shown how his family circumstances would mitigate his history of drinking and driving, except to explain that the most recent incident occurred on the anniversary of his mother’s death. The factors that the respondent claims mitigate or negate his dangerousness existed prior to his most recent arrest, and they did not deter his conduct.

We recognize that the Immigration Judge set a significant bond of $25,000, which he said “reflects the seriousness with which this court views the respondent’s repeated conduct.” However, an Immigration Judge should only set a monetary bond if the respondent first establishes that he is not a danger to the community. Matter of Urena, 25 I&N Dec. at 141.

This is not a case involving a single conviction for driving under the influence from 10 years ago. The respondent has multiple convictions for driving under the influence from that period and a recent arrest for the same conduct, which undermines his claim that he has been rehabilitated. Under these circumstances, we are unpersuaded that the respondent has met his burden to show that that he is not a danger to the community. See Matter of Fatahi, 26 I&N Dec. at 793−94. We therefore conclude that he is not eligible for bond. Accordingly, the DHS’s appeal will be sustained, the Immigration Judge’s decision will be vacated, and the respondent will be ordered detained without bond.”

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As an Immigration Judge, I would have come out the same way the BIA did on this case. I would not have set bond.

For me, that the respondent was arrested again for DUI, ten years after his last of three previous DUI convictions, is telling. It shows me that the problem is a continuing one that has not been solved by passage of time or counseling, that the respondent still hasn’t “gotten the picture” about the dangers of DUI, and, significantly, that I couldn’t trust him not to DUI again or get in some other trouble while out on bond.

Less face it, stressful and traumatic events are a constant occurrence in life, particularly for someone already in Removal Proceedings. Therefore, I wouldn’t “buy” the respondent’s argument that the anniversary of his mother’s death was a “one-timer” that wouldn’t happen again.

What if he loses his job, what if a family member has a medical emergency, what if he has domestic problems — all of these fairly common traumas in our community. Why won’t he react the same way he did to the one-year anniversary of his mother’s death? Also, having a LPR wife, USC daughter, and a possible avenue for legal immigration didn’t seem to “motivate” him to say away from trouble. If he DUIs again while awaiting hearing, it’s on my hands. No thanks.

No, I’d rather have a full hearing on this respondent in detention where I know here won’t get into any more trouble in the meantime. If, after that hearing he qualifies for some relief and the equities outweigh the adverse factors, then so be it. I’d grant the case. But, I wouldn’t trust this guy out on the street on my bond during the several years it might take to get to a case such as this on the Arlington non-detained docket. “Getting to the bottom” of complicated cases like this is the purpose of the Individual Merits Hearings.

That said, if the pending DUI changes were dismissed or he were found “not guilty,” I’d be willing to “revisit” the bond.

So, what’s the danger with the BIA’s decision here. That it will be misread by the DHS or Immigration Judges for things the BIA didn’t hold:

  • The BIA did not say that bond could never be granted in a DUI case, even where there was a recent arrest;
  • The BIA also did not say that family and community support could never be a factor in assessing “dangerousness.” On the contrary, the BIA recognized that there could be situations where the influence of family or community members would be a proper factor for the Immigration Judge to consider in assessing dangerousness. For example, I found that having family members or co-workers who would drive the respondent to work and counseling as well as involvement in community or church-based alcohol avoidance groups were often strong predictors that individuals could avoid future alcohol-related problems. But, sadly, in this case, neither family nor past efforts at rehabilitation seem to have worked.

PWS

02-05-18

 

EAGLES UPSET PATS 41-33 IN TRULY SUPER SUPERBOWL! — BACKUP QB NICK FOLES STARS — BRADY SETS YARDAGE RECORD IN DEFEAT! 🦅🦅🦅🦅

Great game! Lots of offense. Not much “D” until Eagles got a “strip” on Brady late to help seal the victory. But, the great TB still had one last shot as “Hail Mary” fell incomplete in end zone as time expired.

Former Wisconsin Badger star running back Corey Clement played a key role with several big plays including a huge second half TD catch upheld on review. Gutsy call on 4th and goal from the one at the end of the first half by Eagles Coach Doug Pederson involving a center snap to Clement, pitch-back, and pass from an end to QB Nick Foles for a key TD and Superbowl first (TD  pass caught by a QB). Foles was, quite deservedly, the MVP of the Superbowl! A guy who lost his starting job, bounced around, almost quit football, but did what a backup QB is supposed to do — play like the starter and win games in the clutch!

Another former Badger star running back, James White, one of the heroes of the Patriots’ comeback win in last year’s Super Bowl, scored New England’s first touchdown on a 26 yard run in the second quarter.

Special congratulations to my good friend and colleague retired Judge Wayne Iskra, a lifelong (and long suffering) Eagles fan!

Fly Eagles Fly! 🦅🦅🦅

PWS

02-04-18

GOP WONKSTER CARLOS BONILLA WONDERS WHEN “1st GENERATION AMERICANS” BECAME “ANCHOR BABIES,” “FAMILY REUNIFICATION” BECAME “CHAIN MIGRATION,” & “THE AMERICAN DREAM” WAS REPLACED BY THE GOP WHITE NATIONALIST RACIST AGENDA? — “We Used To Be Called First Generation Americans, But ‘Anchor Baby’ Apparently Resonates Better For Fearmongering Purposes.”

https://www.washingtonpost.com/news/posteverything/wp/2018/01/31/the-immigration-rules-president-trump-wants-would-have-crushed-my-family/

Bonilla writes in the Washington Post:

“After my father died in Honduras in 1990, I sponsored my widowed mother for permanent residency in the United States. She was 67 years old, I was her only child, and my three children were her only grandchildren. Of course I had to bring her here.

I was doing what most children with aging parents, in any country, try to do: take care of them as they once took care of us. Fortunately, the wisdom of U.S. immigration law at the time allowed her to enter with a green card under the family reunification visa preference, now under attack as “chain migration” by opponents of legal immigration, including President Trump. I was able to sponsor her because I was a U.S. citizen, born and raised here. No doubt some would consider me an “anchor baby,” although my nonimmigrant parents were here legally when I was born. We used to be called first-generation Americans, but “anchor baby” apparently resonates better for fearmongering purposes.

The Trump administration’s proposals to change the U.S. immigration system and end most family reunification preferences would have kept me from helping my mother, and if they become law, they’ll keep countless Americans from doing the same for their loved ones. The president wants to end visa preferences for parents, adult children and siblings of immigrants — only minor children or spouses would qualify for family visas. In Tuesday night’s State of the Union address, Trump said that he would protect “the nuclear family” and that the changes he’s proposed are necessary for “our security, and for the future of America.” But his rules wouldn’t have protected my family, or our future, at all. In my case, bringing my mother here had a profound impact on my life and those of my children — and no one would have been better off if immigration law had forced her to stay in Honduras.

CONTENT FROM CHILDREN’S NATIONAL
“There was constant anxiety. He would accuse people of not being careful enough [with food]. He was scared something could happen and that he could have a reaction.”
Read More
[For 50 years, keeping families together has been central to U.S. immigration policy]

In 1996, after going through a divorce, I found myself a single father, trying to raise three tweens and teens on my own, wondering how I would handle work and family obligations. My mother saved my life. In many ways, she saved my children’s lives as well. She was the after-school presence, always there to greet them and keep them out of trouble. We did a good job: All three graduated from good colleges — the University of Pennsylvania, Duke and the University of Pittsburgh. They’ve all gone on to successful careers in education, technology and real estate.

Without my mother here, I would have had to decline the greatest professional opportunity of my life in 2001: the chance to work in the White House as a special assistant for economic policy to President George W. Bush. What had been a few hours a day of after-school care that my mother handled became many hours a day and often late nights, as anyone who has worked in the White House will attest. Had she not been here, I could never have met the demands of that job with kids in high school.

In 2002, we celebrated my mother obtaining her U.S. citizenship with lunch in the White House Mess. We sat there and wished my father had lived to see this — his son working in the White House. My father, born to a single mother in a poor mountain town in Honduras, got a college education only because Rotary International gave him a scholarship at age 27 to study in the United States. He went on to get a master’s degree in economics, the same trade that brought me to the White House’s National Economic Council.

In some ways, mine was an atypical foreign family: My parents spent 20 years working here on G-4 visas , which are granted to employees of international organizations such as the International Monetary Fund and the Inter-American Development Bank, where they worked before taking overseas posts and ultimately retiring in Honduras. In other ways, though, we were the stereotypical American immigrant story: They came here to improve their lot in life. They were luckier than most and better educated than many. But that education took place only after my parents got here. They came with a high school education and no assets. They left this world with much more, but you couldn’t have predicted that when they first arrived in the United States.

[How ‘chain migration’ brought us the Trump White House]

Now the Trump administration is deriding family reunification as “chain migration,” a term intended to belittle the contributions that immigrants and their families make. “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives,” Trump claimed Tuesday — a claim that isn’t true, as current law only allows citizens or permanent residents to sponsor immediate relatives. Some of the president’s allies, such as Rep. Steve King (R-Iowa), don’t even want people like me to be citizens in the first place: My parents were not citizens or permanent residents when I was born, and King has introduced legislation to prevent children of people like them from becoming citizens at birth. Under these visions for America, I would not have been able to work in the White House; I would not have been able to sponsor my mother for permanent residency; and my mother would have been unable to help me and my children accomplish what we have accomplished.

ADVERTISEMENT

I ask only that people look at me and my family, especially my mother, as part of the positive impact that immigrants have in America. Both of my parents were born in Honduras (no doubt one of the places the president had in mind when he made a scatological reference to the countries of origin of many immigrants). Thanks to the compassion and vision of our current policies, though, my mother made a lasting contribution to our nation: the well-being and advancement of me and my three children. No one looking at us would ever think “Norwegian.” But surely they would think that we embody the American spirit.”

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

Come on, Carlos! You’re a smart guy! What did you expect from a party that embraces outspoken anti-Latino, White Nationalist, racists like Steve King, Jeff Sessions, Kris Kobach, Steve Bannon, Stephen Miller, and Donald Trump?

Your achievements and past contributions are meaningless. It’s your a Brown skin, Hispanic race, and immigrant heritage that they hate and denigrate!

So, instead of asking why and lamenting the overt racism that has become a key part of the GOP agenda (just that Hispanics have replaced African-Americans as the primary target), why not do the “smart” thing and switch over to the Democratic Party where the American Dream isn’t restricted to rich White Guys?

PWS

02-04-18

ANOTHER US JUDGE, THIS TIME IN NJ, CALLS A HALT TO “GONZO” ENFORCEMENT — Now It’s Indonesian Christians In The ICEMEN’s Crosshairs!

http://www.nj.com/news/index.ssf/2018/02/last_minute_court_appeal_halts_deportation_of_indo.html

Ted Sherman reports for NJ Advantage Advance Media for NJ.com:

“A federal judge in Newark on Friday issued a temporary restraining order halting the deportations of two Indonesian Christians taken into custody last week while they were dropping their daughters off for school.

U.S. District Judge Esther Salas issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.

A federal judge in Newark on Friday issued a temporary restraining order halting the deportations of two Indonesian Christians taken into custody last week while they were dropping their daughters off for school.

U.S. District Judge Esther Salas issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.

issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.”

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

Wasting tax dollars, hurting families, dividing communities, teeing off Federal Judges, what more could you ask from the “New American Gestapo?”

PWS

02-04-18

SUPERBOWL SUNDAY: NFL HISTORY: PACKER GREAT RG JERRY KRAMER ENTERS PRO FOOTBALL HALL OF FAME! — Threw Perhaps Most Famous Block In NFL History, Leading B. Starr’s “Sneak” Into End Zone For Victory In 1967 “Ice Bowl!” — Vince Didn’t Even Have That Play In The Book!

Kramer # 64 In Foreground Leads Way As Pack Vanquish Dallas Cowboys 21-17 on Dec. 31, 1967 For NFL Title — “Icebowl” Was Played In -13 Temperature In Green Bay!

Bottom right– Jerry Kramer, aged 82, as he looks today, 51 years after the Icebowl!

 

From Today’s Green Bay Press Gazette, Pete Dougherty reporting:

http://www.greenbaypressgazette.com/story/sports/nfl/packers/2018/02/03/long-wait-over-packers-jerry-kramer-voted-into-hall-fame/1089232001/

“MINNEAPOLIS – Jerry Kramer finally made it.

In his 11th time as a finalist, the former Green Bay Packers guard was voted into the Pro Football Hall of Fame on Saturday.

Kramer needed 80 percent of the vote from the 47 voters who were in attendance, which meant that no more than nine could vote against him. The Hall doesn’t reveal the vote totals, but Kramer hit the requisite 80 percent.

According to Hall protocol, after the vote was completed Saturday afternoon, David Baker, the president of the Hall of Fame, visited the hotel where the nominees were staying and notified each individually whether he was in.

“I said that (knock on the door) is it,” Kramer said. “And the most beautiful man I’ve ever seen (Baker), the big hunk down here at the end was standing there with the cameras and stuff behind him. I was over the top. It was something I was afraid to believe in, I was afraid to hope for. So I kept trying to keep those emotions out there somewhere. But hey, I’m here and I’m part of the group. Thank you very much.”

The other members of the 2018 class were fellow senior finalist Robert Brazile, and contributors candidate Bobby Beathard, as well as five modern-era candidates: Ray Lewis, Brian Urlacher, Brian Dawkins, Randy Moss and Terrell Owens.

KRAMER: ‘Somebody helped me’ on legendary Ice Bowl block

DOUGHERTY: It’s now or never for Jerry Kramer’s Hall of Fame hopes

RELATED: The Ice Bowl, 50 years later: An oral history

Kramer, 82, becomes the 13th member of the Packers’ dynasty in the 1960s that won five NFL championships in seven years to be voted into the Hall. The others are coach Vince Lombardi, fullback Jim Taylor, tackle Forrest Gregg, quarterback Bart Starr, linebacker Ray Nitschke, cornerback Herb Adderley, defensive end Willie Davis, center Jim Ringo, running back Paul Hornung, safety Willie Wood, defensive tackle Henry Jordan and linebacker Dave Robinson.

Kramer said he had dinner with Robinson on Friday night, just as they had dinner the night before Robinson was voted into the Hall of Fame in 2013. And Taylor was with him Saturday.

“I miss ’em,” Kramer said of his other Hall of Fame teammates. “But I wish they were here, I wish we had an opportunity to be here together. Bart has been sensational in writing letters and doing all sorts of things, and Hornung has been sticking up for me for 20 years. So many of the guys, Willie D (Davis) is a great pal, and Robbie (i.e., Robinson) and Wood and Adderley and so many of the guys in, and (Nitschke) was such a great pal, Forrest Gregg … we’ve had a lot of guys, 10, 12 guys in the Hall. Jimmy is here and that’s about it, Jimmy Taylor. But I miss those guys. I’ve shared so much with them over the years and it would be nice to share this with them.”

Kramer also is the 25th Hall inductee who spent most of his career with the Packers. That’s second most in league  history, behind the Chicago Bears’ 27.

It has been a long road for Kramer to get to the Hall. He was a modern-era finalist (i.e., among the final 15 candidates) nine times in the 14-year period from 1974 through ’87 but never was voted in. Modern-era players and coaches have been retired anywhere from five to 25 years.

Then in 1997, he was the seniors committee nominee (for players who have been retired for more than 25 years) but failed to reach the 80 percent threshold among the selection committee for Hall induction.

But at long last, he’s in.

“I don’t think it can get sweeter,” Kramer said. “It’s the ultimate honor in the game, in our game. It’s the top of the heap. It’s the crown of the trail of this whole process, it’s here. If you make it here you’ve made it in professional football. So whenever you’ve made it here it’s a wonderful moment and a wonderful time and a wonderful event. … I told Mr. Baker that this is it, it doesn’t get any better than this. He goes, ‘Jerry, this is just the beginning.’ So I can’t wait to see how it turns out.”

Kramer is tied for fourth on the list of most times being a finalist before induction. Lynn Swann was a finalist 14 times before he was voted in, followed by Carl Eller (13) and Hornung (12).

Kramer joined the Packers as a fourth-round draft pick out of Idaho in 1958, the year before Lombardi took over as coach. He started all 12 games as a rookie and then when Lombardi took over became a key player as a pulling guard in the coach’s famed sweep.

Kramer achieved his greatest fame for his block on the Dallas Cowboys’ Jethro Pugh that helped open the way for Starr’s game-winning touchdown on a quarterback sneak in the Ice Bowl for the 1967 NFL championship. It’s perhaps the most famous block in NFL history.

Former Green Bay Packers guard Jerry Kramer shares memories from the Ice Bowl, which was played 50 years ago on Dec. 31, 1967. USA TODAY NETWORK-Wisconsin

Kramer played all of his 11 seasons with the Packers. Along with being named to the league’s 50th anniversary team, he also was on the NFL’s all-decade team for the ‘60s. He was named first-team all-pro five times (1960, ’62, ’63, ’66 and ’67) and went to three Pro Bowls (’62, ’63 and ’67).

Besides playing right guard, Kramer doubled as the Packers’ kicker for parts or all of the 1962, ’63 and ’69 seasons.

In ’62 he made 81.8 percent of his field-goal attempts (9-for-11) and finished fourth in the league in scoring (91 points). Then in the Packers’ 16-7 win over the New York Giants in the NFL championship game that season, he scored 10 points (three field goals and an extra point).

This was almost surely the last time Kramer would get a shot at the Hall. Because he has been retired from the NFL for more than 25 years, he could become a nominee only through the seniors committee, and this year was his second time making it through as the senior candidate.

He was only the fourth nominee to twice come through the committee, and with many deserving seniors candidates in wait, there was no chance he’d get a third shot. So this essentially was his last opportunity to receive pro football’s highest individual honor.

Kramer and the rest of the Class of 2018 will be inducted Aug. 4 in Canton, Ohio.

Aaron Nagler of USA TODAY NETWORK-Wisconsin contributed.”

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

Man, I remember the “Icebowl” as if it were yesterday! I was home from college, following the first semester of my Sophomore year at Lawrence University in Appleton, WI. I was preparing to leave right after the New Year for a “Semester Abroad” program at the Lawrence Campus in Bonnigheim, Germany! A rather big deal since I had never before flown in an airplane, anywhere!

Our whole family was crowded around the 13″ GE color TV in our living-room on Revere Avenue in Wauwatosa, WI. Since there were only a few seconds left in the game, and the Pack had no timeouts left, I thought they would probably kick a field goal to send the game into overtime, or throw a short pass that if incomplete would have stopped the clock for a last second field goal (or course, a “sack” by the Cowboys would have ended the game.) I’ve watched lots of Packer games, but the Icebowl was probably the best victory ever!

Later in January, we listened on Armed Forces Radio in our dorm in Germany as the Packers beat the Raiders in the”Superbowl II.” Sort of anti-climactic after the “Icebowl!”

As noted in the article, Kramer is the 13th player from the “Lombardi Era” Packers to enter the Hall of Fame, and the 25th Packer overall!

Although, sadly, the Pack aren’t in this year’s Superbowl, there are still some Packer connections. Of course the “Lombardi Trophy,” awarded to the winner is named for legendary Green Bay Coach Vince Lombardi.

And, the Philadelphia Eagles’ Coach Doug Pederson, played a number of seasons as backup QB to recent Packer Hall of Fame QB Brett Farve. Of course, the backup job to Farve didn’t involve much “real game action,” since Farve was in the midst of a NFL record 297 consecutive starts as QB. However, Pederson appears to have been a “good learner” from a coaching and strategy standpoint. Apparently, those years of “holding the clipboard” behind Farve paid off. Big time!

PWS

02-04–18

TIMOTHY EAGAN @ NYT: “The Stormy Daniels Presidency” — She’s Probably Smarter, No More Dishonest, Less Biased, & A Heck Of A Lot More “Transparent” Than The Trumpster!”

Eagan writes:

“Well before The Wall Street Journal reported that a porn star with the meteorological name of Stormy Daniels was paid $130,000 to keep quiet about sex with Donald Trump, it was clear that a bigger and more crass proposition would be emerging from the White House.
Going into the midterm elections, Trump is offering this deal to his supporters: Say nothing about the lies, the bullying, the accusations of sexual misconduct from more than a dozen women, the undermining of the rule of law, the abdication of basic decency — and in turn he will make you rich.
Essentially, it’s a payoff. Trump himself has framed it this way. When asked about his coming health exam last month, he said, “It better go well, otherwise the stock market will not be happy.” He used the same phrase when talking about his hard-line position on immigration.
Both Barack Obama and Bill Clinton oversaw spectacular gains in the stock market — among the best in history. The Dow Jones industrial average rose 227 percent during Clinton’s eight years and 149 percent under Obama.
Yet, neither of those men held the market out as hostage to a backward agenda and a deranged personality. Trump is running a bottom-line presidency — as soulless as a Kremlin bot on Facebook — in which people who know better are asked to stay quiet in exchange for a short-term payoff.
Modern presidents, dating at least to Ronald Reagan, have urged voters to ask one question going into pivotal elections: Are you better off than you were before? It’s a reasonable standard. But it has never been the leverage for allowing a democracy to collapse.
You heard some uplifting words during the State of the Union address, words with all the staying power of vapor from a sewage vent. But a more honest assessment of what this presidency represents came from Trump when he was in his element, surrounded by Mar-a-Lago cronies. “You all just got a lot richer,” he told a bejeweled and pink-faced crowd just a few hours after signing the $1.5 trillion tax cut in December.
Even as Trump spoke before Congress on Tuesday, he monetized the speech, with donors paying to have their name live-streamed across a Trump campaign web page.
A cartoon in Politico showed a naked Trump with a king’s crown and a golf club walking down a red carpet. “I know, I know,” one man says to another. “Just keep thinking about your stock portfolio.”
The question for those yet to join the enablers is: What’s the price — a record stock market in which 10 percent of Americans own 84 percent of the market wealth, a tax cut that burdens the working poor in years to come — for saying nothing?
Evangelical Christians were among the first to sign on to a Stormy Daniels proposition. In the infamous words of Tony Perkins, president of the Family Research Council, Trump gets a “do-over” for the infidelity allegation. Yes, because nothing says family values like a thrice-married man who allegedly cheats on his latest wife just after she gives birth to their son. And Pat Robertson, the mush-headed moralist who still fogs up many a television screen with his gaseous utterances, told Trump last summer, “I’m so proud of everything you’re doing.”
For these self-appointed guardians of the soul, the bargain is bigger than 30 pieces of silver: It’s a promise that Trump will continue to protect their tax-exempt empires, in the name of religious freedom.
For Republicans in Congress, the pact is more consequential. They will ignore the pleadings of career law enforcement officials in order to stoke fantasies of a deep-state coup against the president. These politicians are counting on a base that will look the other way as they undermine Robert Mueller’s investigation into Russian tampering with the election.
It’s a good bet. After Trump called the American justice system “a joke” and “a laughingstock,” after he fired the F.B.I. director because he would not pledge loyalty to him, after he told another top lawman that his wife was “a loser,” after he referred to members of the intelligence community as “political hacks,” it was all quiet on the Republican front.
He can falsely say that his State of the Union speech drew the highest audience in history — in fact, it ranked ninth since 1993 — because this president has told more than 2,000 lies in a year and hasn’t been called out for them by the people who signed on to silence.
But what happens if the bargain crumbles? What if the market tanks — as the Dow did in losing more than 500 points a few days ago? Do the sycophants bail? Or do they hold out for something more — like the lobbyists now drafting legislation and gutting regulations that affect the companies that pay them?
Beware, those of you who have made your deal with the Stormy Daniels presidency. You can take your settlement money — as the people who signed up for the fraudulent Trump University did — but you still got suckered.
I invite you to follow me on Twitter (@nytegan).”

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

The lack of values, intellectual honesty, and common decency from the GOP and the so-called “Evangelical right” (not much recognizable Christianity in their words and actions) is stunning, but, unfortunately, not  very surprising.

PWS

02-03-18

 

 

MATTHEW NUSSBAUM @ POLITICO: WILL VLADI EVER GET TIRED OF WINNING? – NOT LIKELY IF THE “PUPPET PRESIDENT,” “AGENT DEVON,” AND VLADI’S GOP “FELLOW TRAVELERS” HAVE ANYTHING TO SAY ABOUT IT! — “This memo just plays right into that. … This is exactly what Putin had in mind.”

Matthew Nussbaum reports:

POLITICO

The Nunes memo and Putin’s long game

imageMatthew Nussbaum

Vladimir Putin might get tired of winning. Ever since the U.S. intelligence community discovered the Russian operation to interfere in the 2016 presidential election and aid President Donald Trump’s victory, some Republicans have been laboring to undermine…

READ ON POLITICO.COM

********************************************
The greatest threat to American democracy doesn’t come from abroad or even from MS-13. No, it comes from the GOP “dupes and stooges” that were (remarkably) elected to protect our country, as it turns out, from themselves! But, their desire to protect and further their own kleptocracy dwarfs any small amount of allegiance they might have to the “common good.”
Will Putin be able to “close the deal” before American voters finally wake up to the danger they have elected?
PWS
02-03-18

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

 

 

 

 

 

 

 

WHICH MAN IS REALLY RESPONSIBLE FOR AMERICA’S STRONG ECONOMY, OBAMA OR TRUMP? – WELL, ACTUALLY, THE “MAN” MOST RESPONSIBLE IS A WOMAN: JANET YELLEN! — Her “Reward?” – To Be Summarily Dismissed By A Boorish President Without Even a Thank You! – And Then The “Con-Man-In-Chief” Stole Credit For Her Success!

https://www.theguardian.com/commentisfree/2018/feb/01/janet-yellen-praise-economy-donald-trump

Jill Abramson reports for The Guardian:

The strength of the economy was the keystone of President Trump’s State of the Union speech. There was no need to exaggerate how good things are – low inflation, lower unemployment, soaring stock market. Nonetheless, as usual, he had to inflate his boastful claims with hot air.

There were so many encomiums for various Americans in the president’s speech that the personal, anecdotal stories blurred into each other. But there was no word of thanks for the person most responsible for the strong economic winds keeping the Trump administration afloat.

Janet Yellen, perhaps the most successful Federal Reserve chair in modern history and the first woman to hold the job, was completely unrecognized. President Trump gave her the boot, making her the first Fed leader not to be renominated for a second term. All of her predecessors were renominated by presidents of the opposite party. But not Yellen, whom President Barack Obama appointed in 2014 and whose last day on the job is 3 February.

Yellen was denounced by some of the Republican lawmakers who clapped thunderously as the president bragged about the 2.4m jobs created during the first year of his presidency. Conservatives in the Congress lambasted Yellen in her early days for her singular focus on job creation and her tenacious loyalty to the bond-buying program known as quantitative easing.

As a member of the Fed board of governors, Powell had supported virtually all of Yellen’s key decisions. It’s telling that the president had to embroider the already impressive economic gains the country had enjoyed during his first year in office.

“Since the election, we have created 2.4 million new jobs, including 200,000 new jobs in manufacturing alone,” he boasted. But according to Pro Publica, only 206,000 real jobs have actually been created so far and only 63,000 of those can be attributed to President Trump.

As for manufacturing jobs, the president began his tenure by anointing himself as the savior of a Carrier plant in Indianapolis, Indiana. But only two weeks ago, 200 workers at the plant lost their jobs. And it took $7m in tax breaks and other goodies just to get Carrier to back off from its plan to move to Mexico.

The New Yorker published the anguished stories of some of those being laid off earlier this month, just as President Trump began drafting his speech. The magazine gathered with a group of about-to-be former Carrier employees at Sully’s, a local bar. They expressed their sense of having been had by Trump.

Among those who spoke at the gathering was Chuck Jones, the former president of United Steel Workers Local 1999, in Indianapolis, who disputed Trump’s initial claims about the Carrier deal and was attacked by Trump on Twitter as a result. “Trump is a liar and an idiot,” Jones told the crowd, adding, “He’s a con man, pure and simple, who sold us a bag of shit.”

The 2.4m new jobs figure Trump trumpeted for 2017 is accurate. But it’s also less than the 2.7m jobs created during President Obama’s last year in office. The president’s “Happy Days Are Here Again” economic picture hinges on what he described in his address as “the biggest tax cuts and reform in history”.

Actually, the Trump tax cuts are only the 12th largest in history. Ronald Reagan’s 1981 rate cuts were the largest. Everyone knows that the tax bill that was the president’s signature achievement in 2017 is a wet kiss to the billionaire class and robs the poor and many members of the middle class. Nonetheless, Trump and the Republican party believe the tax cuts may be the only thing standing between them and Armageddon in the 2018 elections.

The Koch Brothers, among the chief beneficiaries of the bill, just announced their intention of asking their donor network to spend $400m to beat back an expected Democratic wave in congressional races. They more or less sat out those races in 2016 and were lukewarm to Trump. With the tax bill gift, they are lukewarm no more.

Trump also repeated the most cynical boast of all – that he’s responsible for improving the economic standing of black Americans. He was stung by criticisms from Jay-Z and tweeted: “Somebody please inform Jay-Z that because of my policies, Black Unemployment has just been reported to be at the LOWEST RATE EVER RECORDED!”

Black unemployment has been declining steadily for the past seven years. It is now at its lowest rate – below 7%, but it is still more about double the 3.7% rate for white Americans, hardly something to brag about.

Before the speech, pundits debated whether the president would be “Twitter Trump” or “Teleprompter Trump” for his State of the Union. The angry, dark president on view a year ago on Inauguration Day was replaced by the calm reader. Also on display, to good reviews, in Davos.

But substance, not presentation, is what’s important. And it was really the same Donald Trump standing in the well of the House of Representatives, the man who regularly does set a record: for untruths uttered by an American president.

  • Jill Abramson is a Guardian columnist”

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

You can be pretty sure that when the inevitable financial crisis comes, both Trump and “The Munchkin” will be clueless about what to do. After all, this is a dude whose formula for dealing with his own business incompetence was “stiff the suppliers, screw the workers, and declare bankruptcy!” We all have to hope that new Fed Chief Jerome Powell turns out to be smarter and more “Yellen-like” than the clowns who ousted her.

And, of course, when the tough times come, Trumpie will blame the Democrats, “sanctuary cities,” Barak Obama, Hillary Clinton, Mexico, Canada, California, New York, The New York Times, CNN, NBC News, or just about anybody, rather than accepting any personal responsibility. That’s just not in the Con-Man’s makeup. But, when things look good again, you can bet that The Donald will take all the credit and stiff the “real heroes” no matter who they are.

PWS

02-03-18

START YOUR SATURDAY OFF RIGHT WITH “SATURDAY SATIRE” FROM COURTSIDE – THE BOROWITZ REPORT – “Former Hippies Put in Horrible Position of Rooting for F.B.I.!”

ANDY BOROWITZ FROM THE NEW YORKER:

https://www.newyorker.com/humor/borowitz-report/former-hippies-put-in-horrible-position-of-rooting-for-fbi?mbid=nl_Borowitz%20020218&CNDID=48297443&spMailingID=12864882&spUserID=MjQ1NjUyMTUwNjY5S0&spJobID=1340173025&spReportId=MTM0MDE3MzAyNQS2

“Former Hippies Put in Horrible Position of Rooting for F.B.I.

WASHINGTON (The Borowitz Report)—Former hippies across the United States have been put in the unbearable position of rooting for the F.B.I., hippies have confirmed.

From Vermont to California, erstwhile hippies bemoaned a nightmare scenario that has forced them to side with a law-enforcement agency they have despised since the Summer of Love.

“I always dreamed I’d spend my retirement surrounded by my grandchildren, telling them that the F.B.I. were fascist pigs,” Carol Foyler, a former hippie who lives in Santa Cruz, said. “That dream has been shot to hell.”

Her husband, Mick, nodded his head in sad agreement. “We were so happy when pot was legalized in California,” he said. “But the fact that we’re now on the same side as the F.B.I. has ruined even that.”

Now in their seventies, the Foylers are spending their days doing things they never dreamed possible when they traipsed through the mud at Woodstock: going door to door in Santa Cruz, asking other former freaks to sign a pro-F.B.I. petition.

“Donald Trump has wrecked America’s standing around the world, spread misogyny and bigotry, ravaged the environment, and endorsed a child molester,” Carol said. “But making people like us support the F.B.I. is the most unforgivable thing he’s done.”

  • Andy Borowitz is the New York Times best-selling author of “The 50 Funniest American Writers,” and a comedian who has written for The New Yorker since 1998. He writes the Borowitz Report, a satirical column on the news, for newyorker.com.”

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WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING, AND ALSO WITH MORE FACTUAL ACCURACY THAN ANY REPORT PREPARED UNDER THE DIRECTION OF “AGENT DEVON!”

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To get serious for just a second, after three and one-half decades spent working in the U.S. Department of Justice, under Administrations of both parties, I can testify that the Trumpsters’ assertion that there is a “pro-Democrat bias” in the FBI doesn’t pass the “straight face test.” The FBI is highly professional, but is, and always has been, one of the most “consistently conservative” law enforcement agencies in the U.S.

To further illustrate the totally disingenuous absurdity of the Trump/GOP claim, keep in mind that all of the top officials in the DOJ — AG Sessions, DAG Rosenstein, AAG Brand, and FBI Director Christopher Wray — are recent Trump political appointees confirmed by a GOP-controlled Senate. Indeed, Sessions, Rosenstein, and Brand all served the DOJ in prior GOP Administrations.

It’s more than a little insulting that Trump and his GOP enablers think the American people are too dumb to see what they are doing — trying to “derail” the Mueller investigation before it gets to the bottom of the Trump Campaign’s already-established contacts with the Ruskies and the case for obstruction of justice against Trump which is unfolding and gaining strength and credibility every day right in plain view.

But, then again, enough gullible folks fell for the “Great Con Man” to put our country in this peril in the first place! Vladi must be on “Cloud 9.” America is “self-destructing” and he barely has to lift a finger. Just hope that Trump and the GOP can remain in power long enough to finish the job for him.

PWS

02-03-18

 

 

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

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

Paarlberg writes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

02-02-18