EUGENE ROBINSON @ WASHPOST: ADMINISTRATION MOUNTS ATTACK ON HISPANIC CITIZENS: “This vile, unadulterated racism”

https://www.washingtonpost.com/opinions/the-trump-administration-doesnt-see-latinos-as-americans/2018/08/30/0ab8b7de-ac83-11e8-b1da-ff7faa680710_story.html?utm_term=.67faf4e3a5bd

Eugene Robinson writes in the Washington Post:

President Trump’s bigoted hatred of Latino immigrants has been clear from the beginning. Now his administration is aggressively persecuting Latino citizens as well.

It is hard to be shocked anymore, given the daily outrages committed by Trump and his minions, but a report Thursday by The Post was jaw-dropping: In the borderlands of southern Texas, the State Department is denying passports to hundreds and perhaps thousands of men and women who have official birth certificates demonstrating they were born in the United States.

In some cases, valid passports have been confiscated and revoked, their holders stranded in Mexico, unable to come home. In other cases, people have been arrested, sent to detention centers and slated for deportation. Imagine how they and their American families must feel — and how their distress must make Trump and his fellow xenophobes feel warm inside.

Denial of passports effectively renders the victims stateless — meaning they cannot travel outside the country, because they would not be readmitted — and potentially vulnerable to being deported. Again, these are people who have government-issued birth certificates, long accepted as gold-standard proof of citizenship. The Trump administration simply doesn’t see Latinos as full-fledged Americans.

The Post quoted a 40-year-old man named Juan — he didn’t want his last name used for fear of being targeted — who has a birth certificate stating he was born in the Texas border city of Brownsville. He served his country for three years in the U.S. Army, then was a cadet in the Border Patrol, and now works as a Texas state prison guard. But when he applied to renew his passport this year, the State Department responded with a letter saying it didn’t believe he was a citizen.

It is important to understand that for Americans who live along the border, a passport is a necessity. People flow back and forth across the Rio Grande all the time to work, make business deals, see family or perhaps just try out a trendy new restaurant. The border is not like the Berlin Wall, though evidently Trump would like it to be.

There is a backstory: In the 1990s, some Texas midwives admitted accepting bribes to falsely claim that some Mexican infants were born in the United States. These same midwives, however, also delivered many more Latino babies, at least thousands, who were legitimately born in the United States. From official records, it is impossible to tell the difference.

The Trump administration appears to be denying passports simply because the applicant is Latino, was born in southern Texas and was delivered by a midwife — something the federal government explicitly promised not to do in a 2009 court settlement with the American Civil Liberties Union.

The administration claims there has been no change in policy. But The Post quoted immigration lawyers who say there has been a dramatic surge in passport denials.

In Juan’s case, the State Department demanded he produce documents including proof of his mother’s prenatal care in the United States, his baptismal certificate and rental agreements from when he was an infant. He managed to find some of this obscure material — and yet his passport application was denied a second time.

A military veteran who served his country was told that it isn’t his country after all.

Think how you would feel if this nightmare were happening to you. Like everyone else, you have no memory of the details of your birth. You know only what your parents have told you and what the official records say, all of which is almost surely true. Suddenly, because of your Latino heritage, your core identity is challenged and your right to live in the United States is threatened.

If the government had specific evidence that an individual’s birth certificate was falsified, then we could have a debate about the right thing to do. But this administration is assuming that a person of a certain ethnicity, recorded as being born in a certain part of the country and meeting other unspecified criteria, is de facto not a citizen — and has the burden of proving otherwise.

At this point, the Trump administration has the burden of proving this is anything other than vile, unadulterated racism.

Trump launched his presidential campaign by calling Mexican immigrants rapists and drug dealers. His administration cruelly separated nearly 3,000 migrant children from their families and seeks to make their parents ineligible for asylum. His clear message to would-be Latino immigrants is: No admission.

And now, an equally blunt message for lifelong Latino citizens: Go away.

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We have a racist, White Nationalist regime. What does that say about those who continue to support its toxic policies and the Liar-in-Chief?

GET OUT THE VOTE IN NOVEMBER! TAKE OUR COUNTRY BACK FROM THE WHITE NATIONALISTS AND THEIR ENABLERS! START HOLDING TRUMP, SESSIONS, AND THE OTHER REGIME AUTOCRATS RESPONSIBLE FOR THEIR UNLAWFUL, IMMORAL, AND DIVISIVE POLICIES!

PWS

 

08-31-18

ADMINISTRATION SCOFFLAWS CONTINUE TO LIE TO US COURTS! – ACLU PRESENTS DOCUMENTARY EVIDENCE THAT ICE AND DOJ GAVE FALSE INFORMATION TO FEDERAL JUDGE IN DETROIT IRAQ CASE — SANCTIONS SOUGHT –“It is appalling that ICE wants to lock these people up and throw away the key, and even more appalling that ICE misled the court in order to do so.”

https://www.buzzfeednews.com/article/hamedaleaziz/ice-lied-about-detained-iraqis-aclu-alleges

Hamed Aleazez reports for BuzzFeed News:

ICE officials lied when they said that Iraq would take back more than 1,000 citizens of the country that had been ordered deported from the US, including dozens of people who have been detained for months, according to ACLU of Michigan filings in a federal case challenging the removal of Iraqis throughout the country.

The organization cited redacted information in federal court filings in Detroit Wednesday calling for more than 100 Iraqis who have been detained by ICE be released, for the court to sanction the agency for its misrepresentations, and for the secret documents to be made public.

Back in June 2017, the ACLU successfully got US District Judge Mark Goldsmith to block the deportation of around 1,400 Iraqis who had been targeted for removal, most for overstaying their visas or being convicted of crimes, after Iraq agreed to take back certain citizens in exchange for being taken off the Trump administration’s travel ban list.

Hundreds of these Iraqis were arrested in June throughout the country, mainly in Michigan. Goldsmith found that the Iraqis, many of whom are from religious minorities, would face torture or death based on their residence in the US, their publicized criminal records, or their religious affiliation.

In its filings, the ACLU claims that ICE’s declarations that Iraq had agreed to take all of them back were false. The Iraqi government has long had a policy of not accepting those who were being repatriated involuntarily to the country.

The executive order striking Iraq from the travel ban list cites Iraq’s willingness to return those Iraqis who have final orders of deportation but ICE officials ran into complications getting Iraq to take those who did not voluntarily want to go back, according to the ACLU.

In fact, the ACLU claims that ICE officials were so frustrated by Iraq’s unwillingness to take back those who did not voluntarily agree to be deported that it sought sanctions in July 2017 that would restrict certain types of visas given to Iraqi nationals.

“The government has fought for fourteen months to hide the truth,” said Margo Schlanger, a professor at the University of Michigan Law School and an attorney assisting the ACLU with the case, in a statement. “We’ve finally gotten the documents, and it turns out that what the government told the court is untrue. We hope the court will allow us to share the truth with the detainees, their families, and the public, all of whom deserve to know what is really happening in this case.”

ICE declined to comment on the filings because the case was ongoing.

Meanwhile, the ACLU pointed to people like Firas Nissan, who has been in the US for 17 years after fleeing Iraq because he had been threatened and locked up there. Nissan missed an asylum hearing in 2004 because of an illness and was ordered deported but was still able to live in the country by agreeing to check in with ICE officials for 13 years, the ACLU said.

Then, in June 2017, he was arrested by ICE officers and has been jailed ever since, one of the 110 Iraqis in detention, according to the ACLU.

“He is locked in solitary confinement 21 hours a day, is not receiving needed medical care, can rarely see his family, and has not been able to provide for them, though he was previously the family’s breadwinner,” attorneys with the ACLU wrote in their filing calling for his and others’ release.

The ACLU, citing the redacted information, believes that Nissan and the rest of the group should be released because prolonged detention is unconstitutional when deportation is unlikely. ICE, the group said, has argued that the detainees should remain in custody because they can be taken to Iraq via a charter flight if the federal injunction is lifted.

ICE has even struggled with deporting the small number of individuals who had agreed to be sent back to Iraq. The agency has only deported 17 of the 37 Iraqis who agreed to be deported, according to the ACLU.

“It is appalling that ICE wants to lock these people up and throw away the key, and even more appalling that ICE misled the court in order to do so,” said Miriam Aukerman, a senior staff attorney with the ACLU of Michigan, in a statement. “ICE’s dishonesty is the reason the detainees are behind bars, rather than home with their families.”

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I remember that one of my DOJ colleagues who spent a good chunk of his career litigating immigration cases in court was a total stickler for accurate citations. He got very upset if there was so much as an error of a single digit in the page number of a “pinpoint citation.” I asked him about it.  He related how as a young DOJ attorney he once had been publicly chewed out by a Federal Judge for an inadvertent citation error. He never forgot the experience and the value that the Federal Courts put on honesty and the highest quality of work from DOJ Attorneys. And, as any of us who worked in the DOJ in the “old days” knew, an attorney representing the Government was responsible for exercising “due diligence” to verify the truth of any representations made on behalf of an “agency client.”

In this case, apparently the information on the true position of the Iraqi Government was eventually ferreted out by the ACLU from ICE records. Therefore, it also should have been available to the DOJ attorneys representing the DHS. I guess that things have changed in both the DOJ and in the Federal Judges’ expectations for attorneys representing the Government and their agency clients.

PROGRAM NOTE: I am among a group of former Government officials who filed an amicus brief in behalf of the plaintiffs in this case.

PWS

08-31-18

TWO FROM TAL @ CNN: 1) RACISM TRUMPS IDEOLOGY IN TERMINATION OF NICARAGUAN TPS; 2) SESSIONS’S CHILD ABUSE UPDATE – HUNDREDS REMAIN SEPARATED WHILE ABUSER REMAINS AT LARGE, DISSING FEDERAL JUDGES!

‘Suicide,’ ‘catastrophe’: Nicaraguans in US terrified of looming end of protections

By Tal Kopan, CNN

Cassandra has lived and worked in the US over 20 years. Threats to her life have been made to her family and friends back in Nicaragua. It would be “suicide” to move back, she says.

But the Trump administration says she and thousands of other immigrants like her must do so by January.

On Jan. 5, roughly 5,300 Nicaraguans who have lived in the US since at least that date in 1999 will lose their protected status. If they have no other immigration status in the US, they will be forced to either return to the country or risk living in the US illegally.

The decision to end temporary protected status for Nicaraguans last November was overshadowed by similar Trump administration decisions to end such protections for hundreds of thousands more immigrants from neighbors Honduras and El Salvador. Nationals of Nicaragua received the shortest time frame of any of those TPS recipients to get their affairs together: 12 months.

But since that decision was made, Nicaragua has plunged into violence and political unrest, with at least 322 people dying there since mid-April, according to the Inter-American Commission on Human Rights, part of the Organization of American States. By the White House’s own count, the toll is more than 350. The UN Refugee Agency has put out guidance to its member countries asking them to allow Nicaraguans to enter and to apply for asylum once there.

The situation is bad enough that the Trump administration sanctioned three Nicaraguan officials in July for human rights abuses, saying President Daniel Ortega and his vice president “are ultimately responsible for the pro-government parapolice that have brutalized their own people.”

In light of the violence, a bipartisan group of seven bipartisan lawmakers wrote to President Donald Trump, Homeland Security Secretary Kirstjen Nielsen and Secretary of State Mike Pompeo in late July asking the President to either reconsider ending temporary protected status for Nicaraguans or to designate a new status for them.

“It would be, frankly, I think, unacceptable to then send folks back to that same place that we’re sanctioning,” Republican Rep. Mario Diaz-Balart of Florida, one of those who signed the letter, told CNN. “It’s a barbaric regime that’s literally murdering people in the streets. … It would be a catastrophe, and it’s one that can be avoided.”

Diaz-Balart said he has not gotten a response from the administration to the letter, though he remains hopeful it will reverse course.

The Department of Homeland Security ignored repeated requests for comment from CNN about whether it’s considering extending further protections to Nicaraguans.

More: http://www.cnn.com/2018/08/30/politics/tps-nicaragua-trump-immigrants-fear/index.html

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Hundreds of immigrant kids remain separated from parents

By Tal Kopan, CNN

Hundreds of children separated from their parents at the US-Mexico border remain separated from their parents, including 497 in government custody, according to a new court filing Thursday.

The figure includes 22 children under the age of five still in government care. Six of those are 4 years old or younger whose parents were deported without them.

A total of 1,937 children have been reunified with parents, up only 14 from last week.

The numbers have changed only slightly from last week, as the court filing from the Justice Department and the American Civil Liberties Union case describes a slow and laborious process to try to connect the families that have been separated.

It remains unclear exactly how many parents were deported without their children, though it’s in the hundreds. By the government’s latest count, there are 322 deported parents who have children still in custody.

But the ACLU, which filed the lawsuit on behalf of separated parents, says the administration has previously given it a list of deported parents that includes 70 additional cases. The administration said, according to the ACLU, that some of the discrepancy is due to kids being released from care. It’s not clear what will happen to those families.

US District Judge Dana Sabraw will hold a status hearing on the case Friday.

More: http://www.cnn.com/2018/08/30/politics/family-separations-hundreds-children-separated/index.html

 

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So, we send good folks who have been contributing to our economy and society back to likely harm at the hands of the repressive leftist Government of Nicaragua basically because they are Latinos. Of course, almost all of them have very plausible asylum, withholding, CAT, or cancellation of removal claims. So, more than 5,000 cases will needlessly be thrown back into our already overwhelmed Immigration Court system. No wonder the backlog continues to mushroom under Sessions’s White Nationalist policies! Racist-driven policies always come at a high cost!

In the meantime, Sessions continues publicly to thumb his nose at Federal Judges, while making less than impressive efforts to comply with their lawful orders. And, families and children continue to suffer from Sessions’s White Nationalist agenda.

PWS

08-31-18

 

GRIFTER-IN-CHIEF STICKS IT TO FEDERAL WORKERS! – “Today’s announcement has nothing to do with making government more cost-efficient — it’s just the latest attack in the Trump administration’s war on federal employees.”

https://www.cnn.com/2018/08/30/opinions/donald-trump-is-shafting-federal-workers-begala/index.html

Paul Begala writes @ CNN:

Paul Begala, a Democratic strategist and CNN political commentator, was a political consultant for Bill Clinton’s presidential campaign in 1992 and was counselor to Clinton in the White House. He was a consultant to Priorities USA Action, which was a pro-Obama super PAC before it was a pro-Hillary Clinton super PAC. The opinions expressed in this commentary are his. View more opinion articles on CNN.

(CNN)President Donald Trump ran for office as a populist. He swore to fight for the “forgotten men and women,” a phrase he stole from FDR. But under his presidency, the middle class remains forgotten — hammered is more like it.

President Trump’s announcement that he wants to cancel the 2.1% pay raise for federal workersis just the latest assault on the middle class.
He sent a statement to Congress on Thursday saying we can’t afford to give our people a measly 2.1% bump because — are you ready for this? — “We must maintain efforts to put our nation on a fiscally sustainable course, and federal agency budgets cannot sustain such increases.”
Donald Trump is now worried about the debt. Are you kidding me? That’s like John Dillinger worrying about gun violence. Like Kim Kardashian worrying about being overexposed. Like Donald Trump worrying about spray-tanning and pathological lying.
President Trump championed a tax cut that spends $1.5 trillion on the forgotten corporate class. According to the nonpartisan Tax Policy Center, when the GOP tax bill is fully implemented, an astonishing 83% of its benefit will flow to the top 1%.
The President’s answer to the fiscal meltdown he is causing is not to ask those who’ve gotten the most to pay a little more. It’s to hurt the folks who are already serving us.
Sen. Mark Warner, a Democrat from Virginia, home to numerous federal workers, both in the D.C. area and the Norfolk naval region, called BS on Trump’s newfound fiscal prudence.
“Let’s be clear,” Warner wrote in a statement, “the President’s decision to cancel any pay increase for federal employees is not motivated by a sudden onset of fiscal responsibility. Today’s announcement has nothing to do with making government more cost-efficient — it’s just the latest attack in the Trump administration’s war on federal employees.”
The American Federation of Government Employees, the union that represents 700,000 of the 2 million federal workers, is vowing to fight. “Federal employees have had their pay and benefits cut by over $200 billion since 2011, and they are earning nearly 5% less today than they did at the start of the decade,” said AFGE President J. David Cox Sr. in a press release. He plans to push Congress to go over President Trump’s head and mandate the pay hike.
I hope they win. After all, you get what you pay for. Do you want your overworked air traffic controller to be missing meals and feeling faint? Do you want your Social Security check being handled by someone who’s holding three jobs? How about bridge inspectors and meat inspectors and the folks who fight forest fires? Or the scientists and doctors who are working around the clock to find cures for Alzheimer’s and cancer and HIV/AIDS?
Should they get a pay cut? Do you want the men and women who take on the drug cartels to be worried about making their rent payment? Really?
Worse still, President Trump wants to end what’s known as the “locality pay increase” — an annual adjustment to assist federal workers in parts of the country where the cost of living is high — like, say, the neighborhood Trump Tower is in. So TSA agents at LaGuardia Airport in New York, medical researchers in Atlanta, Drug Enforcement Administration agents in Los Angeles, homeland security professionals in D.C. — all will suffer.
Of course, while federal workers struggle, President Trump has made a fortune from government assistance. One analysis by The New York Times estimates Trump received $885 million in tax breaks from New York alone. And that doesn’t count the millions he’ll get from the tax cut he signed.
You might even say they’ve been forgotten.
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A deficit exploding $1.5 trillion for tax cuts for the upper 1% who don’t need them!  But, in the middle of a booming economy, our Government can’t afford any money for its hard-working employees who are keeping the country running despite Trump’s “Clown Kakistocracy!” Come on man! It’s all a part of Trump’s war on the United States and his scheme to destroy our Government. Sadly, it’s consistent with various proposals from the “Bakuninist Wing” of the GOP over the years.
The solution for those who want our republic to continue: get out to the vote and throw the grifters and their fellow travelers out of office, starting this November!
PWS
08-31-18

MICHELLE COTTLE @ NY TIMES: “RACIST JOE” GOES DOWN – ARIZONA GOP EMPHATICALLY SAYS NO TO ONE OF THE MOST GROTESQUELY DISGUSTING INDIVIDUALS EVER TO HOLD PUBLIC OFFICE! — “For nearly a quarter-century, Sheriff Joe Arpaio was a disgrace to law enforcement, a sadist masquerading as a public servant.”

https://www.nytimes.com/2018/08/29/opinion/sheriff-joe-arpaio-congress.html?em_pos=large&emc=edit_ty_20180829&nl=opinion-today&nlid=79213886edit_ty_20180829&ref=headline&te=1

Michelle Cottle writes in the NY Times:

Let us pause for a moment to mark the loss of a fierce and tireless public servant: Joe Arpaio, the former sheriff of Maricopa County, Ariz., who so robustly devoted himself to terrorizing immigrants that he was eventually convicted of contempt of court and would have lived out his twilight years with a well-deserved criminal record if President Trump, a staunch admirer of Mr. Arpaio’s bare-knuckle approach to law enforcement, had not granted him a pardon.

To clarify, Mr. Arpaio the man has not passed. As of Tuesday, he was still very much alive and kicking, the proto-Trumpian embodiment of fearmongering ethnonationalism. Mr. Arpaio’s dream of returning to elective office, however, has been dealt what is most likely a fatal blow by his loss in Arizona’s Republican primary for the Senate. Cast aside and left to wallow in the knowledge that his moment has passed, he has a fitting end to the public life of a true American villain.

This defeat came as a surprise to no one. In the closing weeks of the race, his campaign had begun melting down. His staff was in chaos, and polls showed him trailing both Representative Martha McSally, Tuesday’s victor, and Kelli Ward, an anti-immigration firebrand also courting the right wing of the party.

As “America’s toughest sheriff,” as Mr. Arpaio liked to call himself, prepares to ride off into the sunset, it bears recalling that he was so much more than a run-of-the-mill immigrant basher. His 24-year reign of terrorwas medieval in its brutality. In addition to conducting racial profiling on a mass scale and terrorizing immigrant neighborhoods with gratuitous raids and traffic stops and detentions, he oversaw a jail where mistreatment of inmates was the stuff of legend. Abuses ranged from the humiliating to the lethal. He brought back chain gangs. He forced prisoners to wear pink underwear. He set up an outdoor “tent city,” which he once referred to as a “concentration camp,” to hold the overflow of prisoners. Inmates were beaten, fed rancid food, denied medical care (this included pregnant women) and, in at least one case, left battered on the floor to die.

At the same time, Mr. Arpaio’s department could not be bothered to uphold the laws in which it had little interest. From 2005 through 2007, the sheriff and his deputies failed to properly investigate, or in some cases to investigate at all, more than 400 sex-crime cases, including those involving the rape of young children.

Mr. Arpaio embraced the racist birther movement more energetically than most, starting an investigation aimed at exposing President Barack Obama’s American birth certificate as a forgery. The inquiry ran five years, with Mr. Arpaio announcing his “troubling” findings in December of 2016, just weeks after having been voted out of office. Even many of his own constituents, it seemed, had grown weary of the sheriff’s excesses. No matter, as of early this year, Mr. Arpaio was still claiming to have proved “100 percent” that Mr. Obama’s birth certificate had been faked — to be clear, he has not — and suggesting he would revive the issue if elected to the Senate.

It was no secret that Mr. Arpaio’s methods often crossed the line into the not-so-legal. In 2011, a federal district judge ordered the sheriff to end his practice of stopping and detaining people on no other grounds than suspecting them of being undocumented immigrants. Mr. Arpaio declined to oblige, secure in the rightness of his own judgment. The legal battle dragged on until last summer, when he was found guilty of criminal contempt of court for blatantly thumbing his nose at the law.

Such unwillingness to bow to an uppity judiciary surely impressed Mr. Trump, who sees his own judgment as superior to any moral or legal precept. In this way, Mr. Arpaio was arguably the perfect pick to be the very first person pardoned by this president. The two men are brothers in arms, fighting the good fight against the invading hordes of immigrants — and their liberal enablers, of course. And if that requires dismissing the Constitution and destroying the rule of law, so be it. What true patriot would object to a few tent cities or human rights violations when the American way of life is in mortal peril?

In announcing the pardon last August, Mr. Trump praised Mr. Arpaio as an “American patriot.” The official statement by the White House gushed: “Throughout his time as Sheriff, Arpaio continued his life’s work of protecting the public from the scourges of crime and illegal immigration.” To Mr. Trump’s fans, this was another welcome sign of the president’s commitment to keeping them safe from The Other.

Not everyone in the president’s party was pleased. Members of his administration reportedly advised against the pardon as too controversial. It was widely noted that the announcement was made in the hours right before Hurricane Harvey slammed the Gulf Coast, presumably with an eye toward minimizing the negative media coverage of the pardon while journalists were busy reporting on the storm. (For his part, Mr. Trump later claimed that the pardon actually had been timed to take advantage of the higher ratings generated by Harvey watchers.)

Even so, John McCain, the Arizona senator and frequent Trump critic who passed away on Saturday, made his dismay known. “The president has the authority to make this pardon,” he said in a statement, “but doing so at this time undermines his claim for the respect of rule of law, as Mr. Arpaio has shown no remorse for his actions.”

Certainly, Mr. Arpaio showed little sign of remorse on the campaign trail. In a recent interview with The Times, he rambled about all the Mexican rapists and murderers who filled his jails back in the day, and he said the answer to the debate over Dreamers was simple: Deport all 700,000 of them back to their home countries.

The former sheriff also made clear that, despite all the legal drama swirling around the president, his loyalty to Mr. Trump was steadfast. “You can’t support people just because they’re convicted?” he asked rhetorically. “No matter what he’s convicted of, I’m still going to call it a witch hunt, so of course I’ll stand by him.”

Some might consider it ungenerous to celebrate Mr. Arpaio’s electoral failure and continuing slide into irrelevance. But the man has a long and storied history of mistreating people in unfortunate circumstances, so it seems only appropriate to return the favor.

For nearly a quarter-century, Sheriff Joe Arpaio was a disgrace to law enforcement, a sadist masquerading as a public servant. In a just system, we would not see his like again. In the current political climate, it may be enough that Arizona Republicans solidly rejected him.

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Just remember, this vile dude was the undeserving recipient of a pardon issued by Trump.

PWS

08-31-18

GONZO’S WORLD: SESSIONS’S POLICIES INCREDIBLY “JACK UP” THE IMMIGRATION COURT BACKLOG BY NEARLY 40% IN JUST 18 MONTHS! – More Judges = More Backlog Under Sessions! – Cutting Corners, Destroying What’s Working, & “Deep Sixing” Due Process Having Toxic Effect!

HERE’S THE LATEST FROM TRAC:

Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Greetings. As of July 31, 2018, pending cases in Immigration Court nationwide reached nearly three-quarters of a million (746,049 cases). This is a 38 percent increase compared to the 542,411 cases pending at the end of January 2017 when President Trump took office.

All states are witnessing an increase in Immigration Court backlogs. However, ten states account for the vast majority of the backlog. Four out of five pending cases in the country are before immigration judges in these ten states. The state of Maryland leads the pack with the highest rate of increase in pending cases since the beginning of FY 2017. Pending caseloads in Maryland have increased by 96 percent, roughly double its caseload at the beginning of FY 2017. Of the top ten states, courts based in Texas experienced the least amount of growth at 20 percent. See Figure 1.

In absolute terms, California has the largest Immigration Court backlog – 140,676 cases waiting decision, a number that has increased by 48 percent from its FY 2017 pending caseload level.

Courts based in three other states experienced even higher growth rates than in California. Massachusetts’ court backlog grew by 76 percent. The backlog in Georgia grew by 67 percent, while pending cases in Florida grew by 57 percent.

To view further details on each of the top ten states go to:

http://trac.syr.edu/immigration/reports/526/

In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through July 2018. For an index to the full list of TRAC’s immigration tools go to:

http://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

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As many of us had predicted, by twisting the law against asylum seekers, rather than letting it develop in a manner that would have correctly resulted in more asylum grants in shorter hearings, Sessions has contributed mightily to the increasing backlog. Also, in his conflicted role as the “de facto head of DHS,” Sessions has all but eliminated prosecutorial discretion (“PD”) at ICE. His actions have also put many properly closed cases that should have remained off docket or with USCIS back on the Immigration Courts’ docket while stripping Immigration Judges of the tools necessary to manage their dockets.

Sessions effectively has taken a sinking ship and punched holes below the waterline to make it sink even faster. And, he has proved that without some type of rational, Due Process reforms leading to an independent Article I Immigration Court, there is no way of getting a handle on the Immigration Courts’ problems while complying with the Constitution.

A system that essentially is being abused and run into the ground by the Government party appearing before it in every single case is doomed to failure. The first step to any successful court system is creating a fair, impartial, and efficient process, including a transparent merit selection system for the judges, that can then be replicated and improved over time under the direction of judges with input from all parties. That first step will never be taken as long as Sessions and the DOJ remain in change.

But, no system will be able to eliminate overnight a backlog resulting from more than a decade of political manipulation and mismanagement by the DOJ under Administrations of both parties. Even though anti-Constitutionalists like Sessions, Trump, and co. want to admit it, the Supreme Court has told us the simple truth that Due Process takes time. There is no “silver bullet” or “one size fits all” formula for achieving it.

PWS

08-30-18

 

SPLIT BIA FINALLY RULES ON “FINALITY” – MATTER OF J.M. ACOSTA, 27 I&N DEC. 420 (BIA 2018)

3934JM ACOSTA

Matter of J.M. ACOSTA, 27 I&N Dec. 420 (BIA 2018)

BIA HEADNOTE:

(1) A conviction does not attain a sufficient degree of finality for immigration purposes until the right to direct appellate review on the merits of the conviction has been exhausted or waived.

(2) Once the Department of Homeland Security has established that a respondent has a criminal conviction at the trial level and that the time for filing a direct appeal has passed, a presumption arises that the conviction is final for immigration purposes, which the respondent can rebut with evidence that an appeal has been filed within the prescribed deadline, including any extensions or permissive filings granted by the appellate court, and that the appeal relates to the issue of guilt or innocence or concerns a substantive defect in the criminal proceedings.

(3) Appeals, including direct appeals, and collateral attacks that do not relate to the underlying merits of a conviction will not be given effect to eliminate the finality of the conviction.

PANEL: BIA APPELLATE IMMIGRATION JUDGES KELLY, GREER, AND MALPHRUS

OPINION BY: JUDGE EDWARD F. KELLY

CONCURRING & DISSENTING OPINION: JUDGE GARRY D. MALPHRUS

KEY QUOTE FROM JUDGE KELLY’S MAJORITY OPINION:

In holding that the finality requirement continues to apply after the enactment of the IIRIRA, we emphasize that a conviction does not attain a sufficient degree of finality for immigration purposes until the right to direct appellate review on the merits of the conviction has been exhausted or waived.11 Consequently, absent proof of a waiver of appeal rights, a conviction does not achieve finality for immigration purposes until the time for filing an initial direct appeal has expired under the laws of the applicable jurisdiction. However, once the DHS has established that a respondent has a criminal conviction at the trial level and that the time for filing a direct appeal has passed, a presumption arises that the conviction is final for immigration purposes.

To rebut that presumption, a respondent must come forward with evidence that an appeal has been filed within the prescribed deadline, including any extensions or permissive filings granted by the appellate court.12 He or she must also present evidence that the appeal relates to the issue of guilt or innocence or concerns a substantive defect in the criminal proceedings. See Matter of Marquez Conde, 27 I&N Dec. at 255 (reaffirmingMatter of Pickering and reiterating that “convictions that have been vacated based on procedural and substantive defects in the underlying criminal proceeding [are] no longer valid for immigration purposes”); see also Matter of Rodriguez-Ruiz, 22 I&N Dec. at 1379–80 (giving effect to the alien’s vacated conviction where there was evidence by way of a court order that the conviction was vacated on the legal merits of the underlying criminal proceedings).

Appeals, including direct appeals, and collateral attacks that do not relate to the underlying merits of the conviction will not be given effect to eliminate the finality of the conviction. Such appeals include those that relate only to the alien’s sentence or that seek to reduce the charges, to ameliorate the conviction for rehabilitative purposes, or to alleviate immigration hardships, and any other appeals that do not challenge the merits of the conviction. See Matter of Roldan, 22 I&N Dec. 512, 521–24 (BIA 1999) (holding that under the statutory definition of a “conviction” in section 101(a)(48)(A) of the Act, no effect is to be given in immigration proceedings to a State action that purports to expunge, dismiss, cancel, vacate, discharge, or otherwise remove a guilty plea or other record of guilt or conviction by operation of a State rehabilitative statute); see also Matter of Pickering, 23 I&N Dec. at 624–25 (holding that a conviction set aside for reasons solely related to post-conviction events such as rehabilitation or immigration hardships will remain a conviction for immigration purposes).13

In this case, the respondent submitted evidence indicating that he filed a motion for an extension of the appeal deadline and that the motion was granted and the appeal was permitted by the New York appellate court.14Under these circumstances, we will remand this case to the Immigration Judge to consider the status of the pending appeal and its basis and to determine whether a continuance may be appropriate. See Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018). In this regard, the respondent and the DHS should be given an opportunity to present any additional documentary and testimonial evidence they wish to offer in assisting the Immigration Judge.

Accordingly, the appeal from the Immigration Judge’s determination that the respondent is removable under section 237(a)(2)(A)(i) of the Act and from his denial of the respondent’s application for cancellation of removal under section 240A(a) of the Act will be dismissed. The respondent’s motion to remand based on new evidence will be granted.

[Text of Footnotes Omitted]

KEY QUOTE FROM JUDGE MALPHRUS’S CONCURRING & DISSENTING OPINION:

Based on the plain language of the Act and the clear weight of authority in the circuit courts, I would conclude that “the first definition of ‘conviction’ in § [101](a)(48)(A) requires only that the trial court enter a formal judgment of guilt, without any requirement that all direct appeals be exhausted or waived.” Planes, 652 F.3d at 996. The majority errs by invoking congressional silence to convert the otherwise plain language at issue here into statutory ambiguity, thereby giving us license to resolve the ambiguity in the manner that we think is best. “Regardless of our view on the wisdom or efficacy of Congress’s policy choices, we are not free to read in additional elements where the legislature has declined to include them.”Id. (citing Jones v. Bock, 549 U.S. 199, 216–17 (2007)).

I therefore respectfully dissent from the majority’s decision to remand this case for further proceedings. I would deny the respondent’s motion to remand because the new evidence does not indicate that his conviction has been overturned or vacated, and he remains ineligible for relief under former section 212(c) of the Act, 8 U.S.C. § 1182(c) (1994). See Matter of Coelho, 20 I&N Dec. 464 (BIA 1992).

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This is important guidance from the BIA on a recurring question before U.S. Immigration Judges.  Congrats to Judge Kelly on what, by my calculation, is his first published precedent opinion. And, he and Judge Anne Greer appear to have gotten it right. I don’t understand Judge Malphrus’s contention (in a part of his opinion not quoted above) that an individual who is actually removed based on a conviction later vacated on appeal hasn’t suffered any unfairness or irreparable harm.

PWS

08-30-18

THE GIBSON REPORT – 08 27-18 – COMPILED BY ELZABETH GIBSON, ESQ. — NY LEGAL ASSISTANCE GROUP –Featuring Credible Claims Of Coercion In Sessions’s “New American Gulag” (Item #1) & More Problems In Federal Court For DHS’s Scofflaws (Litigation Section, Item #3)

THE GIBSON REPORT 08-27-18

THE GIBSON REPORT – 08 27-18 – COMPILED BY ELZABETH GIBSON, ESQ., NY LEGAL ASSISTANCE GROUP – Featuring Credible Claims Of Coercion In Sessions’s “New American Gulag” (Item #1) & More Problems In Federal Court For DHS’s Scofflaws (Litigation Section, Item #3)

 

TOP UPDATES

 

Parents Were ‘Coerced’ To Waive Reunification Rights With Children, Complaint Says

NPR: Before the family reunification process began, government officials coerced mothers and fathers who were separated from their children into signing documents that waived their rights — threatening them, deceiving them and even denying them food and water, say immigration groups that filed a complaint with the Department of Homeland Security on Thursday. In the 28-page complaint, the American Immigration Council and American Immigration Lawyers Association contend that immigration agents used “abusive tactics and deplorable conditions” to pressure parents to sign forms without an understanding of the repercussions.

 

Immigration Judges Taught To Dodge ‘Categorical Approach’

Law360: The judges were trained by Board of Immigration Appeals member Roger Pauley on “avoiding the use or mitigating the effect” of the “categorical approach” in instances in which the result might not be “sensible,” according to the materials that the federal government released in response to a Freedom of Information Act request by immigration attorney Matthew.

 

Castro Tum Judicial E-mails

MatthewHoppock FOIA: EOIR director James McHenry emailed “Please confirm by COB today that Castro-tum’s next hearing has been scheduled for no later than May 31…”

 

Asylum Seekers Challenge Spending Months Locked Up Without Interviews or Bond Hearings

AIC: The “zero-tolerance” policy is leaving asylum seekers to languish in detention for weeks or months without the opportunity to present their asylum claims or request release from imprisonment.

 

As more immigrants that are caught wear monitors, their effectiveness is disputed

AP: As of early July, there were nearly 84,500 active participants in ICE’s Intensive Supervision Appearance Program, or alternatives to detention — more than triple the number in November 2014. Around 45 percent of those were issued GPS monitors, 53 percent report by phone using biometric voice verification and 2 percent use facial recognition apps.

 

Nicaraguan Refugee Crisis Growing In Central America

NPR: Hundreds of Nicaraguans are arriving in Costa Rica daily, fleeing the conflict in their country. The country is straining to provide services to the refugees and undergoing a sense of deja vu back to the days of the Nicaraguan Revolution.

 

White House Video on Mollie Tibbetts Case

ImmProf: The White House … tries to capitalize on the Tibbetts’ case by focusing on “family separation” of parents who lost their children due to the crimes of undocumented immigrants, a reference to the now-abandoned Trump policy of separating migrant families in detention.

 

The Day My Parents Were Deported

Diane Guerrero: This is what happened the day my parents were deported.

 

USCIS’ Wait Times for Citizenship Have Doubled

AIC: The average wait time on a U.S. citizenship application was about five months in 2014. Today, the average time a green card holder will wait for their citizenship application to be processed by U.S. Citizenship and Immigration Services is 10 months.

 

USCIS Cancels Liaison Meetings

NYLAG: just found out today that the meeting that was previously scheduled for September will not be taking place. Furthermore, it appears that there will be no more liaison meetings. Needless to say, this is disturbing news, and the NYIC will continue to negotiate for these meetings to continue.

New ACS SuppB Protocols (attached)

Details on how to request ACS records and submit SuppB requests.

 

State U and T Protocols (attached)

Final U and T visa protocols for agencies under the Governor’s control.

 

LITIGATION/CASELAW/RULES/MEMOS

 

District Court Partially Stays Original Order for Full Restoration of DACA

The U.S. District Court for the District of Columbia issued an order that partially stays its original order as to new DACA applications and applications for advance parole, but not as to renewal applications. (NAACP v. Trump, 8/17/18) AILA Doc. No. 17091933

 

Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents

AILA and the Council filed a complaint with the DHS Office of the Inspector General (OIG) and Office for Civil Rights and Civil Liberties (CRCL) documenting a pervasive, illegal practice by DHS officials of coercing separated mothers and fathers into signing documents they may not have understood. AILA Doc. No. 18082236

 

Immigrants’ case against ICE, DHS can proceed, judge rules

Boston Globe:  A lawsuit by immigrants trying to keep immigration officials from deporting them while they seek legal residency may move forward, a federal judge ruled Thursday. Judge Mark Wolf’s decision rejected the government’s argument that the case should be dismissed because the federal district court has no jurisdiction over deportation decisions made by Immigration and Customs Enforcement.

 

Two Colorado sheriffs and ACLU in legal fight over federal immigration holds

Denver Post: El Paso, Teller county sheriffs sued after breaking with 4-year-old custom of ignoring ICE detainers.

 

DOJ Announces Arrest of Naturalized U.S. Citizen Charged with Obtaining U.S. Citizenship Fraudulently

DOJ announced the arrest of a naturalized U.S. citizen by ICE HSI following his indictment on a felony charge of having fraudulently obtained U.S. citizenship due to his alleged failure to disclose participation in persecution during the Red Terror period in Ethiopia. AILA Doc. No. 18082030

 

DOJ Provides Information on EADs for TPS Haiti

DOJ provided notice that USCIS automatically extended the validity of certain EADs issued under TPS Haiti through 1/17/19 if an EAD application has been submitted. USCIS will mail the applicant a Notice of Continued Evidence of Work Authorization that provides evidence of this automatic extension. AILA Doc. No. 18082101

 

EOIR Releases Procedures for Adjudicating Non-LPR Cancellation of Removal

Obtained via FOIA by Hoppock Law Firm, EOIR released a document from the 2018 Legal Training Program containing procedures for immigration judges to adjudicate non-LPR cancellation of removal in light of the cap on non-LPR cancellation. Special thanks to Matthew Hoppock. AILA Doc. No. 18082137

 

RESOURCES

EVENTS

 

ImmProf

 

Monday, August 27, 2018

Sunday, August 26, 2018

Saturday, August 25, 2018

Friday, August 24, 2018

Thursday, August 23, 2018

Wednesday, August 22, 2018

Tuesday, August 21, 2018

Monday, August 20, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

 

 

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Under Jeff Sessions’s White Nationalist driven scofflaw legal regime, the Government’s legal problems are mounting almost as fast as Trump’s.

Thanks to Elizabeth for putting all of this together.

PWS

08-30-18

 

 

 

TAL @ CNN: TRUMP’S WHITE NATIONALIST BASE STILL LOVES SESSIONS — No Other Confirmable AG Is Likely To Be As Overtly Racist, Immoral, & Willing To Subvert The Law As Sessions!

Sessions ‘irreplaceable’ on immigration to base

By Tal Kopan, CNN

When then-candidate Donald Trump touted Jeff Sessions’ support on the 2016 campaign trail, he’d joke that even he was surprised he beat out other immigration hawks for the prized endorsement. It was an indication of how strongly Trump resonated with the base on immigration and border security — and how strongly Sessions represented it.

Now, Sessions’ supporters are hoping the President hasn’t forgotten that lesson.

Sessions’ support among Republicans in the Senate is publicly weakening, as the President continues to tweet his frustration with his attorney general and early backer over his handling of special counsel Robert Mueller’s investigation into Russian interference in the 2016 election.

But Sessions’ supporters are saying one simple fact should keep the attorney general in office: There is no one else who could better execute Trump’s own vision on immigration, and no one who bears more credit for what the President has achieved thus far.

Sessions “is almost irreplaceable because of his commitment and understanding of the core issue on which the President won his election,” said Dan Stein, president of the Federation for American Immigration Reform, which advocates for slashing immigration dramatically.

Republican Sen. Lindsey Graham this week argued Trump deserves to replace Sessions, saying the relationship is “beyond repair.”

That sentiment is not shared, however, in Sessions’ strongest base of support — the groups that have long advocated for the immigration-restricting policies that the attorney general has aggressively pursued.

More: http://www.cnn.com/2018/08/28/politics/jeff-sessions-support-immigration-base/index.html

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Yeah, I can see that Sessions would be a hard guy to duplicate. He’s a true relic of the Jim Crow era who wears his disdain and disrespect for people of color on his sleeve. I also suppose that one reason he turned out to be “confirmable” was the desire of many of his colleagues on both sides of the aisle to get rid of his wacko, far right, obstructionist presence.

Over at Justice, Sessions doesn’t have to convince anyone that what he is doing is legal or good policy. He just does as he pleases. The Federal Courts rein him in on a regular basis. That leads Sessions to utter insulting trivialities about “interference with the Executive.” Interfering with a member of the Executive Branch who is riding roughshod over the Constitution and the statutes is just what Article III courts are supposed to be doing!

About the only thing at Justice that Sessions hasn’t screwed up is the Russia investigation (although he tried by approving the “bogus memo” from Rod Rosenstein recommending the firing of Comey which Trump later admitted was a fraud). And, that’s only because he was quite properly disqualified. While Sessions couldn’t care less about the law and ethics, he does have some sense of self-preservation. Participating in the Russia investigation could have been a Federal crime (although the Federal criminal law on non-financial conflicts of interest is somewhat murky) as well as a basis for stripping his law license.

PWS

08-28-18

DAVID LEONHARDT @ NYT ON THE MOLLIE TIBBETTS CASE AND RACISM

David Leonhardt

Op-Ed Columnist

The main reason that Mollie Tibbetts’s horrible killing has received so much attention is racism. Tibbetts’s accused murderer is a Mexican immigrant, and large segments of the conservative media, including talk radio and Fox News, like to call attention to crimes committed by people with dark skin. It’s silly to pretend otherwise.
You’ll notice the pattern if you spend any time watching or listening to these media sources. The pattern becomes especially clear when they descend into falsehoods.
Just look at the made-up story that Fox promoted last week about land seizures in South Africa, which led to a false tweet from President Trump about “the large-scale killing of farmers.” Or look at Lou Dobbs’s long history of telling on-air lies about immigrants (despite their comparatively low crime rates). Dobbs, other right-wing hosts and Trump have no such history of making up stories about crimes committed by white people.
I don’t think it’s possible to have an honest conversation about the Tibbetts debate without acknowledging the role that race plays. But I also think that David A. French’s piece in National Review is worth reading, especially for progressives.
French starts the piece by acknowledging the role of racism. That’s not his focus, though. His goal, instead, is to persuade readers that race is not the sole reason that the Tibbetts case resonates with so many people.
“There are reasons why illegal-immigrant crime can carry a poignant punch among people of good will,” French writes. “The murderer wasn’t supposed to be here. I’m reminded of the pain that people feel when, for example, they find out (in different crimes) that the police didn’t follow up on a lead or a prisoner was wrongly released on parole. The feeling is palpable.”
Imagine, for example, that you heard the killer in a mass shooting had been able to purchase a gun illegally, because of a failure in the background-check system. Wouldn’t that heighten your sense of injustice about the crime? For most of us, the answer is yes. “The official failure magnifies the personal injustice,” as French argues.
We live in a society that is supposed to be governed by laws. When they are not followed or enforced, many people are bothered. And they are right to be. Society functions better when its rules mean something.
I’m outraged by the racism that the many immigrants face, by the lies told about them and by the abuses that the Trump administration is committing against them. None of it is defensible, whether the immigrants arrived here legally or illegally.
But once the disaster of the Trump presidency has passed, the United States really should rewrite its immigration laws with the goal of reducing illegal immigration (as Barack Obama and John McCain, among many other politicians, have advocated over the years). Toothless laws undermine people’s faith in their government — and create all kinds of kindling for mistrust and anger.
On the same subject: Tibbetts’s relative, Sandi Tibbetts Murphy, wrote a moving denunciation of racism in a recent Facebook post. And several writers, including Rachael Revesz in The Independent and Amanda Marcotte in Salon, noted that gender is a far more important part of the story than immigration.

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Good to have Leonhardt back again! He actually presents a fairly sane “center left” view of the world. While he was on vacation, in an attempt to expose us sheltered  NYT readers to the “world of the right” one of his “fill-ins” was the shameless Trump apologist Christopher Buskirk. While Leonhardt declared the “great experiment in  broadening horizons” a smashing success, I beg to differ.

For about a week, Buskirk regaled us with condescending essays about why everybody in America should get with the program and warm up to the great benefits of having a racist, White Supremacist, xenophobic, chronic liar, ignorant, bullying, authoritarian, immoral, incompetent, climate change denying, crook, who was elected by a minority of voters, as President. The low point was his totally offensive attempt to exploit the Tibbetts tragedy by spewing the exact racist restrictionist nonsense that Leonhardt exposes and critiques.

To be honest, I know what drives Trump voters. While I would welcome them to the side of the “good guys,” and I certainly think that their genuine problems and issues should be addressed under “good government,” I don’t have too much hope that anybody who still supports Trump is “reachable.”

So, the real task isn’t to understand what weird or perverse things go in the minds of Trump’s hard-core “base.” No, it’s to get the majority of folks who don’t support Trump and his vision of a White Nationalist authoritarian kleptocracy to the polls to throw him and his enablers out before it’s too late for all of us (including his tone-deaf supporters — sometimes you have to have folks from themselves, even if they don’t want to be saved). Arrogant, disingenuous, pseudo-intellectuals like Buskirk are part of the problem, not the solution.

Moving on, I think that Mollie Tibbetts was an amazing person with so very much to offer the world. Her death is a horrible tragedy for her family and the rest of us. I deeply admire and am grateful for the way in which her father and the rest of her family have honored her kind, generous, and loving spirit by resisting the attempts of the racist right to make her a “cause celeb” for hatred and racial bigotry.

I agree with Leonhardt that we all would be better off if we solved the issues surrounding undocumented immigration. The answer is actually fairly straightforward: more properly screened legal immigrants to meet the realistic market needs of American employers and to satisfy our legal obligations to those who are persecuted. That would reduce undocumented immigration and allow DHS to concentrate on real criminals and those who come outside the more generous system. That’s likely to be a much lesser number than we have now.

Still, no system is capable of screening out all of those who might prove to be “bad actors” in the future, particularly where there is no past record of problems to go upon. However, to continue or “double down on” our current, overly restrictive, system is merely to guarantee that more and more individuals will be in the United States without the proper pre-screening and identification necessary to run an orderly system. America was built by immigrants (that’s all of us, except Native Americans), prospered because of them, and still needs them in large numbers to move forward into the future. That’s why the White Nationalist restrictionist proposals being pushed by Trump and his cohorts are not only stupid and immoral, but are ultimately doomed to failure.

PWS

08-29-18

 

TAL @ CNN: REP. WILL HURD (R-TX) SEES THROUGH THE TRUMP/SESSIONS BORDER FARCE – WHAT’S THE MATTER WITH THE REST OF THE GOP?

Republican lawmaker: Border wall, family separations counterproductive to security

By Tal Kopan, CNN

After traveling to the hotbed of illegal immigration and drug trafficking, Republican Rep. Will Hurd is more convinced than ever that America doesn’t need a border wall.

“The $32 billion that would go into a border wall, I’m just even more convinced that it would be better spent with some of these existing programs, and we’d see a quicker decrease in drugs and illegal immigration,” Hurd said, referring to US initiatives to help Central America.

Hurd spoke with CNN after a three-day trip to Honduras, El Salvador and Guatemala, three countries that drive most of the illegal immigration to the southern US border. In Central America, Hurd met with national security officials and community representatives.

A Texas lawmaker with the largest stretch of US-Mexico border of any congressional district, Hurd has been an outspoken critic of President Donald Trump’s promised border wall and the administration’s family separations at the border.

The moderate Republican’s seat is also one of the races Democrats are targeting aggressively in their hopes to flip control of the House. Hurd is facing a well-funded Democratic challenger, Gina Ortiz Jones, in a race that has already cost millions.

Trump has only doubled down on his hardline immigration policies headed into the midterms, including a border wall costing tens of billions of dollars. Though he and his base remain convinced that such aggressive policies are key to Republicans’ political success, Hurd has been a strong voice on the right for more moderate policies.

More: https://www.cnn.com/2018/08/27/politics/will-hurd-donald-trump-border-wall-central-america/index.html

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Every part of the Trump/Sessions/Miller intentionally cruel immigration enforcement program has been a failure from the standpoint of sound law enforcement.  Yet, the more they fail and the more the Federal Courts and others point out their illegal actions, the more the Trumpsters double down on everything vile. In the end, the damage will only be stopped when Trump & company are voted out of office.

PWS

08-29-18

COURTS OF THE ABSURD: KIDS FORCED TO DEFEND THEMSELVES WITH COLORING BOOKS IN SESSIONS’S STAR CHAMBERS!

https://www.nytimes.com/2018/08/26/opinion/zero-tolerance-separated-migrant-children-court-system.html?action=click&module=Opinion&pgtype=Homepage

Jennifer Anzardo Valdes writes in the NY Times:

Your Honor, Can I Play With That Gavel?

The U.S. government expects children as young as 18 months to represent themselves in immigration court. Lawyers in Miami made a coloring book to help kids understand what they’re facing.

The U.S. government expects children, as young as 18 months and unable to speak, to represent themselves in immigration court to fight against their deportation. Lawyers in Miami made a coloring book to help kids understand what they’re facing.Image by Alfredo De Lara

Media coverage of the border crisis has heavily focused on separated parents and children. But migrant children’s nightmares are just beginning once they set foot here, as documented in the video above. Every child that crosses the border without permission has an immigration court case to fight, but there is no right to free counsel in that court.

So children, who sometimes speak only an indigenous language, are going up alone against government lawyers to fight to stay in the United States. If that sounds absurd, that’s because it is. Congress has the power to change this.

After President Trump’s “zero tolerance” policy went into effect, we at Americans for Immigrant Justice began to see an increase in young children needing legal representation. We thought: How do we get toddlers to understand the gravity of their situation?

We created a coloring book to explain to these children their rights. It explains concepts such as what a country is, who is an immigrant and what a judge does. We read the book to separated and unaccompanied children as part of our “know your rights” presentations and have them act out scenarios from the story.

The kids in this video op-ed are the lucky ones. They were released from a children’s shelter run by the Office of Refugee Resettlement to family members in Miami. We are representing them in court free. But for many children we engage with at the shelters, the coloring book is the only legal advice they receive.

The stakes are high: Over half of all children in immigration court are unrepresented. Nine out of 10 of them will be ordered deported. If we as a country are truly invested in protecting children, the bare minimum that we can do is ensure access to a lawyer for immigrant children who cannot afford one.

Jennifer Anzardo Valdes is the director of the Children’s Legal Program at Americans for Immigrant Justice, a nonprofit law firm based in Miami.

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Click the above link and watch the video by Leah Varjacques.

Under Jeff Sessions, intentional child abuse has become a norm and the operation of the Immigration Courts with little or no regard for Due Process, common sense, and human decency is a national disgrace. When will it end? How many will suffer needlessly and be abused to feed Sessions’s White Nationalist myth? Where is justice?

Join the New Due Process Army and fight to hold Jeff Sessions accountable for all of his illegal and immoral actions!

PWS

08-28-18

JEWISH DELEGATION SHOCKED BY US TREATMENT OF MIGRANTS AT BORDER: “It’s heartbreaking to see the way the United States is treating immigrants. It’s not treating them like human beings.”

https://www.jta.org/2018/08/22/top-headlines/jewish-delegation-witnesses-heartbreaking-situation-at-border-detention-centers-and-courthouse

Josefin Dolsten reports for the Jewish Telegraphic Agency:

(JTA) — A delegation of Jewish leaders from 17 organizations is visiting detention and migrant facilities on the U.S.-Mexico border.

The 27-person delegation visited detention centers in San Diego on Tuesday and is traveling to asylum-seeker shelters in Tijuana, Mexico, on Wednesday.

The trip, which is being organized by the Anti-Defamation League and the Jewish refugee aid group HIAS, includes meetings with American and Mexican government officials, immigration attorneys and humanitarian workers. Among the participants are representatives from three Jewish movements — Reform, Reconstructionist and Conservative — as well as groups such as the American Jewish World Service, the Jewish Council on Public Affairs and J Street. Mark Hetfield, CEO of HIAS, described the visits to detention centers and courthouses where migrants are being tried on charges that they entered the country illegally.

“It’s heartbreaking to see the way the United States is treating immigrants. It’s not treating them like human beings,” he told JTA in a phone interview from Tijuana.

Hetfield, a former immigration lawyer, said members of the delegation witnessed migrants being tried in a court as a group and that some who pleaded guilty to criminal charges lacked proper understanding of the consequences.

“It’s really troubling in terms of the lack of due process and the lack of understanding that people have as they’re going through and pleading guilty to these criminal proceedings,” he said.Nancy Kaufman, CEO of the National Council of Jewish Women, said visiting a detention center for unaccompanied minors, which held children as young as 6 years old, was “eye opening.”

Though she described the shelter as “clean and decent” and the staff as “very caring,” she had concerns about the conditions.

“I asked if they go to school. They have school there, but I don’t know how you have meaningful educational programs for that kind of range of kids,” she said.

Kaufman referenced the Holocaust in speaking about the importance of the trip.

“As Jewish leaders, we need to bear witness. We all committed after the Holocaust to ‘Never again’ — we meant it,” she said. “I think we all live our lives with the belief that every person is made in the image of God, ‘b’tzelem Elohim,’ and should be treated with dignity and respect.”

Jonathan Greenblatt, CEO of ADL, called the trip “a moral imperative” in a statement to JTA.

“In the face of continued harsh policies by the Administration targeting immigrants and asylum seekers, we’re here to learn more about the crisis at the border, listen to the experiences of migrants and asylum seekers escaping violent conditions, and recommit to our advocacy for humane and compassionate immigration policies,” he said.Many Jewish groups have joined progressives and some conservatives in criticizing President Donald Trump’s immigration policies, including his executive orders banning citizens from some Muslim-majority countries from entering the United States and the since-rescinded policy of separating migrant families at the border.

Last week, HIAS organized a letter to Trump urging him to raise the cap on refugees admitted into the country to at least 75,000. The letter was signed by leaders of 36 Jewish groups. Trump set the cap for 2018 at 45,000, a historic low, and is considering a further decrease, The New York Times reported earlier this month.

Many thanks to my good friend and long time colleague, retired Judge Joan Churchill for sending this item my way.
PWS
08-28-18

R.I.P. JOHN MC CAIN – A TRUE AMERICAN HERO

https://www.vanityfair.com/news/2018/08/john-mccain-dead-obituary

In Memoriam

CAN JOHN MCCAIN’S LIFE AND LEGACY SAVE THE G.O.P. FROM ITSELF?

McCain could be maddeningly inconsistent and often dangerously wrong, but thinking often about courage made him abler than most to exhibit it. His example should be a reminder to a party that has lost its way.
By Ted Thai/The LIFE Picture Collection/Getty Images.

Sixteen years before Donald Trump took on the Republican Party establishment and its Bush-family vehicle, a candidate named John McCain likewise took on both. We needn’t force the parallels between the two men—who detested each other to the extent that Trump is off the guest list for McCain’s funeral—to note that McCain’s campaign anticipated Trump’s in its use of strategic bluntness and defiance of G.O.P. orthodoxies. That McCain failed where Trump succeeded was to a large degree a problem of timing as much as message: Republican voters hadn’t yet come to hate their leaders.

Today, in the wake of the sad news that John Sidney McCain III has succumbed to cancer, we’ll hear talk of the passing of a certain breed of politician: the war veteran, the bipartisan, the sane Republican, and the like. Such statements will be sentimental more than true, however, for Republicans still have plenty in their ranks who correspond to such labels, and McCain was a lot knottier than his champions care to admit, remaining unpredictable to the last. The battles within him between party acclaim and popular acclaim, expedience and principle, prudent courage and reckless courage seemed to keep raging. And timing, as often as time, seemed to be his principal foil.

In 1999, when McCain announced his run for the presidency, he was a respected senator, but also, to some extent, a politician on the mend. A decade earlier, he had been named as one of the “Keating Five,” a group of senators who were alleged to have pulled strings for savings-and-loan fraudster Charles Keating in 1987, and nearly two years of ethics investigations had followed before McCain was cleared, albeit with some rebukes for poor judgment. The terror of a possible loss of career and reputation had helped to transform McCain into one of the Senate’s leading voices in favor of campaign-finance reform, and his run for the presidency, launched with a best-selling memoir that told the story of McCain’s years as a prisoner of war in a North Vietnamese camp, further cleaned the slate.

Then the love affair began. In the late months of 1999, McCain became the darling of the left, right, and center. He was a war hero who had survived five and a half years as a P.O.W. in Vietnam. He was conservative, but only mildly so on social issues, and dismissive of the religious right. He was strict on fiscal issues, and largely indifferent to tax cuts. On his campaign bus, called the “Straight Talk Express,” he showed an openness, humor, and bluntness that won over just about everyone who spent time on it. One such person, a bemused but enchanted Tucker Carlson, noted in The Weekly Standard that the average political reporter inevitably concluded that “John McCain is about the coolest guy who ever ran for president.” Dana Milbank could agree. Jon Stewart could agree. No one wanted Bush to win, except for the donors and the religious right—but those, as it turned out, outnumbered the McCainiacs.

Today, the old fan club is dissolved and scattered, and you’ll find former McCainiacs among the neocons, the deplorables, the Clintonites, and the Bernie Bros. This isn’t as odd as it might look. The rebellion that McCain represented back in 1999 and 2000 was precisely what much of the country desired at the time, when Americans generally supported the policies of Bill Clinton, if not the man himself. Republicans were careful to tack to the center in their rhetoric, and the stakes seemed lower. Issues such as immigration and war and trade were divisive, but not wrenchingly so. The jobs weren’t yet gone; 9/11 hadn’t happened; our banks hadn’t yet collapsed. The preoccupations of people like Bernie Sanders and Pat Buchanan seemed eccentric. Rebelling against the G.O.P. establishment in 1999 meant defying the donor class on taxes and the religious right on social issues. But rebelling against it in 2016 meant defying the donor class on trade and immigration and siding with the religious right on social issues. The makeup of the Establishment had changed, and McCain had become part of it. His earlier fans sorted themselves accordingly.

If McCain, at times, seemed bitter, perhaps these immense shifts had something to do with it. Politicians, more than most people (albeit less than pop stars), learn to cope with swings in the public mood, but those who have enjoyed a period of marked resonance, when everything they say triggers sympathetic reverberations with the masses, have it hard when that stretch runs out. You can recognize that stardom is evanescent, yet still yearn to get it back. McCain was going fairly strong in 2004, when John Kerry was trying, without success, to entice him into joining the Democratic ticket, but the formula of 2000 could no longer work. What remained instead were unpalatable choices. He could give up on a presidential run, or he could make nice with the Republican Party. McCain chose the latter, and from 2004 on became a loyal partisan, lining up behind his party and president. Unfortunately, this was like chaining oneself to Three Mile Island. Both Bush and his party were becoming ballot-box poison.

By the time McCain finally secured a presidential nomination, in 2008, it was at exactly the wrong time. What everybody wanted—peace, a break from Bush-era policies, and a fair and sensible way out of a financial crash—McCain couldn’t offer. What he could offer, resolute leadership in war, nobody wanted. He may have gotten somewhere by taking a righteous stance against bailing out the banks, but such heterodoxy wasn’t in him. He understood very little about economics, anyway.

The campaign that year wound up showing McCain at his best and worst. To the consternation of many Republicans, he eschewed all advice to hit Barack Obama for his association with radical preacher Jeremiah Wright. He made a proposal to the Obama campaign that the two candidates do 10 town halls together, and the idea, while self-serving, was still wonderful. McCain also stuck to his pledge, one that was broken by Obama, to use public financing for his campaign. At the same time, McCain shocked many of his admirers by picking as his running mate Alaska Governor Sarah Palin, someone exceptionally unsuited to the role. Palin’s virtues (sense of humor, love of country, informality) were entirely inadequate in the face of her vices (insecurity, ignorance, self-deception), all of which were brought out under the glare of a national campaign. It made McCain look reckless and cynical.

After 2008, McCain managed to frustrate nearly everyone. Democrats became enraged when McCain joined his fellow Republicans in partisan politics to weaken Obama. Republicans became enraged when McCain voted to confirm nominees or pass immigration amnesties. Because he broke ranks, because he was independent at one moment yet partisan the next, people tried to impose defamatory theories on him to make the pieces line up. Some Democrats found it easiest just to call McCain a phony and a hack. Some Republicans found it easiest to say McCain was actuated by sanctimony and spite. In the far-rightish world, you could even read lengthy arguments that McCain had been a stooge of the Viet Cong. Each theory had very little predictive power, however. A simpler explanation is that McCain, while at times expedient or partisan, preserved more independence of mind than is customary in his trade.

For better or worse, the strongest clues to McCain’s outlook are to be found in the writings of one of his idols, Winston Churchill. To read Churchill’s writings, especially on the Second World War, is to be seduced by both elegant presentation and vocal principles. But one danger of Churchill worship is that of hearing an echo of the 1930s in every foreign conflict. Yes, Vladimir Putin is a rogue, and grabbing Crimea from Ukraine was illegal. But was it really a replay of Hitler grabbing the Rhineland? McCain seemed to think so. Everything was a replay of Hitler grabbing the Rhineland.

Such hawkishness became increasingly unwelcome among voters as U.S. interventions seemed to amplify the problems they were intended to forestall: terrorism, tyranny, nuclear proliferation. This is one reason why Trump, whatever policies he might pursue in practice, gained political ground when he campaigned on themes of nationalism and, at least implicitly, non-intervention. It’s also why McCain and Trump were bound to clash, even if things hadn’t gotten personal. McCain considered the role of the United States as global leader to be sacred, and he dismissed the idea of self-contained nationalism as a “tired dogma of the past.” But who was the one upholding a tired dogma of the past?

Personal assessments of McCain differed, but seemed to stack up highest in the favorable column. While some disliked him and considered him to be a hotheaded bully, most described a man of magnanimity, humor, and courage. That last quality was especially important to McCain, and he wrote a book about the subject. As one might expect, McCain quoted Churchill quite a bit, and much of the content was self-serving, as such things will be, but it also seemed to come from the heart. McCain could be maddeningly inconsistent and often dangerously wrong, but thinking often about courage made him abler than most to exhibit it. He understood that standing for something can be costly, and this led him to make some unpopular decisions, whether they were right or wrong. Many politicians are agreeable people who lack the core that’s required for true goodness. McCain was a not-so-agreeable person who seems to have had that core. This made him important, interesting, flawed, and confusing. In a trade that tries to stamp out the edges of normal human behavior, McCain, for better or worse, kept his. If only more of us did the same.

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True to form, Trump posted a disingenuous tweet in place of issuing a proper tribute to a great American who loved and served his country.

RIP John McCain. All Americans owe you a debt of gratitude for your courage and distinguished service.

PWS

08-27-18

TRUMP ADMINISTRATION SCOFFLAWS THWARTED AGAIN! – US JUDGE SHOOTS DOWN UNLAWFUL ATTACK ON UNIONS AND CIVIL SERVICE!

https://www.washingtonpost.com/politics/in-victory-for-unions-judge-overturns-key-parts-of-trump-executive-orders/2018/08/25/5458e2bc-a880-11e8-97ce-cc9042272f07_story.html?utm_term=.d1c944e626ce

Lisa Rein reports for the Washington Post:

A federal judge late Friday dealt a victory to federal employees and the unions that represent them, invalidating overnight key provisions of a series of Trump administration executive orders aimed at making it easier to fire employees and weaken the unions.

The overnight ruling by U.S. District Judge Ketanji Brown Jackson in Washington was a setback to the White House’s efforts to rein in the power of federal unions. Though federal employees’ pay is set by Congress, their unions have retained significant power even as private-sector unions have been in decline.

The three executive orders, issued just before Memorial Day, had sought to severely restrict the use of “official time” — on-duty time that union officials can spend representing their members in grievances and on other issues. The rules also limited issues that could be bargained over in union negotiations. And it rolled back the rights of workers deemed to be poor performers to appeal disciplinary action against them.

Jackson took issue with key elements of each order and enjoined the administration from enacting them.

The White House did not immediately respond to a request for comment Saturday.

The American Federation of Government Employees, the largest of the dozen unions to sue the administration over the executive orders, applauded the ruling. It called it a victory for public-sector unions and the protections Congress gave federal employees in 1978 when it guaranteed civil servants the right to bargain collectively over working conditions in the government.

“President Trump’s illegal action was a direct assault on the legal rights and protections that Congress specifically guaranteed to the public-sector employees across this country who keep our federal government running every single day,” AFGE’s national president, J. David Cox Sr., said in a statement.

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Lawless actions directed at its perceived “enemies” under the guise of some bogus legal theory are a staple of the Trump/Sessions regime. As the ever disingenuous Sessions has proved recently, every time a Federal Judge quite properly calls him out for his lawless acts, he whines about interference with Executive authority and his authority as the chief legal official of the US. Here’s a guy that apparently got through law school and admitted to the bar without knowing or understanding what Chief Justice Marshall said and meant in probably the single most famous case in US history: Marbury v. Madison. No, Gonzo, you don’t get the final say on what the law is — that only appears to happen in the never-never land of the Immigration Courts!

The NAIJ, representing our nation’s Immigration Judges (I am a retired member), continues to fight not only for the civil service rights of the judges but for the fair and impartial judicial independence that benefits everyone in America. All of these have been under constant attack by Jeff Sessions and the Trump Administration.

PWS

08-27-18