TAL @ SF CHRONICLE: DHS Enforcement Policies Calculated To Maximize Kiddie Detention @ ORR, Create Backlogs, Increase Suffering, & Maximize Long-Term Damage To Kids, Families!

More than 14,000 immigrant children are in U.S. custody, an all-time high

WASHINGTON — The number of undocumented immigrant children in government custody has topped 14,000 for the first time, a rise that shows no signs of slowing as the Trump administration enforces policies that are keeping them in care longer.

 

There were 14,056 unaccompanied immigrant minors in Health and Human Services custody on Friday, according to a government source familiar with the number. A spokeswoman for the Department of Health and Human Services confirmed that the total had reached approximately 14,000.

 

That number tops records set just two months ago, putting further strain on an already overburdened system.

 

The issue of immigrant children in government custody gained widespread attention in the spring and summer when the Trump administration separated thousands of families at the southern border. Almost all those separated children have since left Health and Human Services care, but the total number of children in the system has steadily grown.

 

The reason is that children who arrive unaccompanied in the U.S. are spending more time in holding facilities before they can be released to suitable adults, often family members. One change that has especially slowed that down is an agreement Health and Human Services signed earlier this year for Immigration and Customs Enforcement to do background checks on potential sponsors.

 

ICE confirmed in September that it had used that information to arrest undocumented adults who came forward to take custody of children. Previous administrations didn’t look into people’s immigration status when deciding whether to release children into their care, but that changed under President Trump.

 

The Health and Human Services care system was intended to be a temporary bridge for often-traumatized children into a more stable home while they sought legal status in the U.S. But the Trump administration changed course, declaring that no undocumented immigrant was off limits from potential arrest and deportation.

More: https://www.sfchronicle.com/nation/article/More-than-14-000-immigrant-children-are-in-U-S-13399510.php

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The nasty incompetents in charge of these programs need some meaningful oversight from both Congress (read House) and the Article III Courts. When this sorry episode is finally over, there should be some accountability for both the politicos and the career bureaucrats who have designed and implemented a system intended to inflict maximum harm and suffering on kids and their families, and, in some cases, lied to cover up or mask what they are really doing. Nielsen should be first in line as she fits all the categories: intentionally inhumane (probably illegal) policies, incompetent administration, and intentional lies.

“Nice folks” working for the Government these days!

PWS

11-17-18

MEXICO A “SAFE THIRD COUNTRY?” — No Way! — “‘It’s a Crisis of Civilization in Mexico.’ 250,000 Dead. 37,400 Missing.“

https://www.wsj.com/articles/its-a-crisis-of-civilization-in-mexico-250-000-dead-37-400-missing-1542213374?emailToken=b782c4822fa5027d9168b45cd695195eFqzrxRlC5OCkGVY8Z0EA4pb8VXl6RHkHREQ1AmaH8yMyeAlVb6MpXqPHHsAocieCxuQWuPDERMwhcxLvXsFRFQsRI5WkHZo3DKDR+cMb5uAd8bNn8ryiZ5q4Nt0344LX&reflink=article_email_share

José de Córdoba and Juan Montes report for the WSJ:

That day, the mothers scoured the site outside El Fuerte, a town in Sinaloa state, on Mexico’s northern Pacific Coast, looking for one of two men presumably kidnapped by cartel gunmen in recent weeks. One body had already been found in a field. The women believed the other may be nearby. In the end, they came up empty.

“This is my life,” said Mirna Medina, a forceful woman who holds the group together. “Digging up holes.”

Her son, who sold CDs by a gas station, was kidnapped in 2014. Three years later to the day, she and the other mothers of the search group dug up his remains. “I felt his presence,” she said, remembering the day and breaking out in tears. “I wanted to find him alive, but at least I found him.”

Some 37,000 people in Mexico are categorized as “missing” by the government. The vast majority are believed to be dead, victims of the country’s spiraling violence that has claimed more than 250,000 lives since 2006. The country’s murder rate has more than doubled to 26 per 100,000 residents, five times the U.S. figure.

Because the missing aren’t counted as part of the country’s official murder tally, it is likely Mexico’s rate itself is higher.

The killing and the number of missing grow each year. Last year, 5,500 people disappeared, up from 3,400 in 2015. Mexico’s murders are up another 18% through September this year.

Victims’ families, mostly mothers, organize search parties, climbing down ravines or scouring trash dumps. Their technique is crude. Sometimes they hire laborers to hammer steel rods into the soil and haul them up to see if they smell like decomposition. Other times, they simply look for an exposed body part or shallow grave.

The sheer numbers of the disappeared now rival more famous cases of missing people in Latin American history.

The Disappeared, or Desaparecidos, became a chilling part of Latin America’s vocabulary during the Cold War, when security forces kidnapped, killed and disposed of the bodies of tens of thousands of leftist guerrillas as well as civilian sympathizers. The most infamous case is Argentina’s “Dirty War,” where at least 10,000 people vanished from 1976 to 1983. In Buenos Aires, mothers of the missing organized weekly vigils in front of Argentina’s presidential palace, gaining world-wide prominence.

Mexico fought its own far-smaller war against Marxist guerrillas during the 1970s. According to the government human-rights commission, 532 people went missing, and at least 275 people were summarily executed by security forces.

This time around, the horror in Mexico is bigger and its causes more complex. Many of the disappeared in recent years are believed to be the victims of violence unleashed by criminal gangs fighting to control drug routes and other lucrative businesses such as extortion, kidnapping and the theft of gasoline from pipelines, often with the complicity of police forces, government officials say.

“It’s a crisis of civilization in Mexico,” said Javier Sicilia, a poet and victims’ advocate whose son was murdered in 2011. “It’s diabolical—an unprecedented perversity to disappear human beings and erase any trace of them from the world.”

The trauma of Mexico’s missing is an open wound in the nation’s psyche. Families who can’t grieve for their loved ones spend the day alternating between doubt and despair, praying for, and dreading, the blessing of certainty.

“We don’t sleep nights, we have nightmares wondering what happened, where can he be,” said Maria Lugo, 62, whose son disappeared in 2015.

. . . .

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Those with WSJ access can get the rest of the gruesome story at the link, along with pictures and graphs illustrating the extent of the problem.

Obviously, by no stretch of the imagination is Mexico a “Safe Third Country” for purposes of U.S. asylum law. The brazen attempt by the Trump Administration and GOP Senators led by Chuck Grassley and Mike Lee to force such an agreement down the throat of Mexico is as disingenuous as it is immoral.

It also is appalling the number of Trump Administration senior immigration officials who parrot the bogus claim that “refugees from Central America are required to apply for asylum in Mexico.” Neither international law nor U.S. law imposes such a requirement, for good reasons. Actually, the single “Safe Third Country Agreement” that we have negotiated with Canada in compliance with our immigration laws is quite circumscribed and very limited in scope. And, there are ongoing efforts in Canada to force Canada to withdraw from this agreement because of the Trump Administration’s mistreatment of asylum applicants.

Nevertheless, as I have previously pointed out, given conditions in the Northern Triangle, while Mexico isn’t a “Safe Third Country” for purposes of our law, it might well be a “safer third country,” in practical terms, for many Central American refugees and their families. It’s bigger than the Northern Triangle countries, somewhat better governed than the “failed states” of the Northern Triangle, easier and less dangerous to reach, has more economic opportunities and resettlement options, and is generally (although, sadly, not always) not as overtly hostile to refugees as is the U.S. under Trump.

To encourage (rather than attempt to force) more individuals to apply for asylum in Mexico, our Government should:

  •  Publicly acknowledge and treat the migration from Central America as a “humanitarian situation,” rather than a law enforcement issue;
  • Work with the UNHCR and Mexican authorities to improve asylum processing, adjudication, and resettlement in Mexico;
  • Provide financial aid and incentives for Mexico to improve its asylum system (rather than law enforcement money or threats to cut off funding);
  • Emphasize to Central American refugees the possible benefits of applying for asylum in Mexico (or elsewhere), rather than threatening them and trying to intimidate them from coming to the U.S.
  • Finally, and most important, the U.S. should be taking a leadership role with the UNHCR and other countries in our hemisphere to address the endemic problems in the Northern Triangle that are creating these refugee flows.

Refugee situations are complex, on a number of levels. They won’t be solved by the simplistic approaches (a/k/a political stunts) currently being taken by the Trump Administration, including the ridiculous “Wall.” Indeed, they can’t be solved by any single country. It takes the countries of the world working together to resolve them. That’s exactly what the mechanisms set up under the U.N. Convention on Refugees were intended to do. It’s beyond foolish for our Government to ignore them.

PWS

11-16-18

 

 

 

CRUEL, INHUMANE, INEFFECTIVE, WASTEFUL: New Report From CMS, KBI, & CBE Shows How Trump’s Racist Immigration Enforcement Policies Are Destroying & Dividing America, Not Protecting Us!

FINAL-Communities-in-Crisis-Report-ver-5

EXECUTIVE SUMMARY:

A report of the , Center forMigration Studies, and Office of Justice and Ecology

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Section 1: Introduction

A woman and her child waiting at the port of entry in Nogales, Sonora to be processed into the US asylum system. Photo: Greg Constantine.

KBI, CMS, and OJE Report November 2018Communities in Crisis: Interior Removals and

Their Human Consequences

“My oldest son asks, ‘Where are my rights as a US citizen? Where is my right to live with my family and have a home?’”

— Mother of three US citizen children and wife of detained immigrant

“My husband called and said that he had a normal check-in like every year. He went like always, but this time they arrested him. I asked why if everything was going well. He had a clean record. He is a good father. He is working to help our kids get ahead. We have two children who are citizens and we are fighting for them, so that they are good people and professionals. I didn’t see any reason for him to get arrested.”

— Woman whose husband was deported

“In my preaching, I guide and insist that it is important to be aware of our rights, to not have fear, and to know that we all are God’s children and need a piece of land in this planet. I try to remind them that they are immigrants but also human beings before anything else and that all human beings have rights.”

— Priest

Executive Summary

In late 2017, the Kino Border Initiative (KBI), the Center for Migration Studies of New York (CMS), and the Office of Justice and Ecology (OJE) of the Jesuit Conference of Canada and the United States initiated a study to examine the characteristics of deportees and the effects of deportation, and to place them in a broader policy context (Attachment A).1

The CRISIS Study (Catholic Removal Impact Survey in Society) included both quantitative and qualitative elements. During the first five months of 2018, KBI staff surveyed 133 deportees from the United States at its migrant shelter in Nogales, Sonora. Survey respondents were all Mexican nationals, all but one were men, and each had been living for a period of time in the United

1 KBI, which operates in Nogales, Arizona and Nogales, Sonora, seeks “to promote US/Mexico border and immigration policies that affirm the dignity of the human person and a spirit of binational solidarity.” KBI provides humanitarian assistance and accompaniment to migrants; social and pastoral education with communities on both sides of the border; and research and advocacy. CMS is a think tank and an educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. CMS is a member of the Scalabrini International Migration Network (SIMN), a global network of migrant shelters, service centers, and other institutions, and the Scalabrini Migration Study Centers. OJE of the Jesuit Conference of Canada and United States seeks to foster reconciliation on issues such as refugee protection, immigration, and economic, criminal, juvenile, and environmental justice.

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KBI, CMS, and OJE Report November 2018

States.2 They had resided in 16 US states, the majority in Arizona, followed by Nevada, California, and Utah. The survey sought information on their US lives, the removal and detention process, and the impact of removal on them and their families (Attachment B).

The study also included one interview with a deportee (via Skype) and 20 interviews with the family members of deportees and other persons affected by deportation in Catholic parishes in Florida, Michigan, and Minnesota. The parishes — which the report will not identify in order to ensure the interviewees’ anonymity — were chosen based on their geographic, demographic, and sociopolitical diversity, their connections to the agencies conducting the study, and their ability to facilitate access to deportees, their families, and others impacted by deportation.

The interviews explored: (1) the impact of removals on deportees, their families, and other community members; (2) the deportation process; and (3) the relationship between deportees and their families (Attachment C). They provided an intimate, often raw look at the human consequences of deportation.

Long Tenure, Homeownership, Legal Status, and Community Engagement

By and large, survey respondents had built their lives, made their homes, and established long and deep ties in the United States.

  • On average, they had lived in the United States for 19.9 years.
  • More than half (56 percent) first entered the country as minors (below age 18), and 21 percent below age 10.
  • Thirty-eight percent reported having legal status in the United States, including 14.3 percent who were lawful permanent residents (LPRs).
  • Twenty-six percent had been US homeowners.
  • Fifty-two percent had participated in church activities, 34.1 percent regularly attended church services, and 9 percent had participated in community organizations.Family and Economic Ties and the Consequences of DeportationSurvey respondents had established strong family and economic ties in the United States. Deportation mostly severed these ties, and divided, devastated, and impoverished the affected families.
  • Seventy-eight percent of survey respondents had US citizen children.3
  • The average age of respondents’ children living in the United States was 14.9 and 33 percent were 10 years old or less.
  • Forty-two percent had US citizen spouses or partners.4
  • Ninety-six percent had been employed in the United States.2 The report uses the phrase “interior removals” to refer to the deportation of persons who have been living in the United States for a period of time.
    3 Respondents were asked to list the age, residency, and citizenship status of up to five children.
    4 This figure refers to respondents with spouses or domestic partners.

Communities in Crisis: Interior Removals and Their Human Consequences

  • On average, they had worked nearly 10 years in the same job and earned roughly $2,800 per month.
  • Respondents had an average of $142 in their possession at the time of their deportation.5
  • Deportees reported that they needed employment (78.2 percent), financial (68.4 percent), housing (56.4 percent), emotional (56.4 percent), and social integration (54.9 percent) assistance.
  • Most survey respondents reported that their spouse or partner in the United States did not have enough money to support their children (74 percent) or to live on (63 percent).
  • Respondents identified a range of close family members who depended on them financially prior to their deportation, including their mothers (72 percent), fathers (57 percent), and siblings (26 percent).
  • Forty percent reported having dependents with chronic health or psychological conditions, including heart disease, cancer, diabetes, and autism.
  • Nearly one-half (48.1 percent) said that their children — some of whom lived in the United States and some in Mexico — were experiencing difficulties in school.Plans to Return to the United StatesGiven the strong ties binding survey respondents to the United States, it comes as little surprise that:
  • Three-quarters (73.5 percent) reported that they planned to return to the United States.
  • Forty-five percent identified only a little or “not at all” with their country of birth.
  • Only one-third (35.4) percent reported feeling safe since their deportation.The Criminalization of DeportationThe Trump administration has regularly portrayed undocumented residents, migrants seeking to request asylum at the US-Mexico border, and deportees as criminals and security threats. Most survey respondents either had not been convicted of a crime or had committed an immigration or traffic offense prior to their deportation. Nevertheless, study participants described a deportation system that treated them as criminals and instilled fear in their communities.
  • Nearly one-half of respondents said they had not been convicted of a crime prior to their deportation.
  • Of the 37 respondents (51.4 percent) who reported having been convicted of a crime,6 more than one-third (35.1 percent) had been convicted of a traffic or immigration offense, 21.6 percent of a drug-related crime (including possession), and another 21.6 percent of a violent crime.75 Mexican pesos were converted into dollars using prevailing exchange rates on August 19, 2018.
    6 Only 72 respondents answered this question.
    7 The study classified these self-reported crimes based on the National Crime Information Center’s (NCIC) uniform offense codes.

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KBI, CMS, and OJE Report November 2018

  • A high percent of respondents (65.2) reported that their deportation began with a police arrest, 30.3 percent reported having been arrested by Immigration and Customs Enforcement (ICE), and less than 1 percent by Customs and Border Protection (CBP).
  • The majority of apprehensions took place while respondents were driving (36.1 percent), at home (26.3 percent), or at work (6 percent).
  • Survey respondents spent an average of 96 days in immigrant detention. Most were detained for 30 days or less, and 17 percent were detained for 180 days or more.
  • Only 28 percent were able to secure legal counsel.
  • Roughly one-fourth of survey respondents reported spending no time in criminal custody and 22.6 percent spent a week or less prior to their deportation. However, 17.3 percent spent more than one year.RecommendationsThe CRISIS Study provides a snapshot of the Trump administration’s deportation policies and their effect on established US residents (deportees), families, and communities. In order to mitigate the harsh consequences of these policies and promote the integrity of families and communities, we make the following recommendations.

    To the Department of Homeland Security:

  • Issue prosecutorial discretion guidelines that de-prioritize the arrest and removal of long- term residents; persons with US family members; and those without criminal records or with records for only minor offenses.
  • Use detention only as a “last resort” and employ the least restrictive means necessary — including supervised release and other alternatives to detention (ATDs) — to ensure appearances in court, check-ins with immigration officials, and possible removal.
  • Adhere to ICE’s National Detention Standards, which recognize the need for access to legal counsel, generous family visitation guidelines, transparency regarding the location of detainees, and humane conditions of confinement.To Congress:
  • Pass broad legislation to reduce family-based visa backlogs; to align US legal immigration policies with the nation’s economic, family, and humanitarian interests; to legalize the undocumented parents of US citizens and LPRs and undocumented persons who entered as children; and to expand equitable relief from removal.
  • Appropriate funding to the Department of Homeland Security (DHS) and the Department of Justice at levels that align with the recommendations in this report and that, in particular, assume the principled exercise of prosecutorial discretion, reduced use of detention, and expansion of community-based ATDs and legal orientation programs.
  • Reduce funding to ICE in light of its indiscriminate enforcement policies and their negative impact on the safety and integrity of US families and communities.

Communities in Crisis: Interior Removals and Their Human Consequences

• Provide greater oversight of formal partnerships and collaboration between state and local police and ICE and CBP to ensure that these arrangements do not undermine community safety or lead to racial profiling.

To state and local police:

  • Collect data to measure the prevalence of pretextual police stops and arrests (intended to lead to removal) for minor criminal violations, with a focus on the extent to which such stops involve racial and ethnic minorities.
  • Limit collaboration with ICE and CBP to prevent local police from acting as immigration agents, to promote public safety, and to ensure that no group of residents fears reporting crimes or otherwise cooperating with the police.
  • Strengthen policies against racial bias in policing, and regularly train and evaluate law enforcement officers on adherence to these policies.
  • Adopt and implement policies — like municipal identification cards and driver’s licenses for the undocumented — that treat immigrants as full members of their communities.To faith communities:
  • Address the urgent priorities of immigrants, including the need for safe and welcoming spaces, deportation planning, transportation, access to legal representation, public safety, access to the police, and accompaniment to places where they might be vulnerable to arrest.
  • Prioritize pastoral service to immigrants and their families; fully incorporate them into all faith institutions, ministries, and programs; and educate nonimmigrant members and the broader public on the immense challenges facing immigrants.
  • Identify, collect, disseminate and implement best pastoral practices for accompanying and supporting deportees and their families at all stages of the removal process.
  • Advocate for the generous exercise of prosecutorial discretion; humane enforcement policies that prioritize family unity and cohesive communities; expanded legal avenues to regularized status; and strong citizenship policies.

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Takeaways:

  • DHS must reinstate the use of prosecutorial discretion (“PD”)  (of the type heavily used by every other law enforcement agency in America) in both enforcement actions and Immigration Courts;
    • Under the toxic “leadership” of former AG Jeff Sessions the discretion of both DHS and EOIR to use sensible “PD” was basically eradicated;
  • DHS Enforcement is over funded to the point where money and resources are routinely wasted on counterproductive politically motivated initiatives;
    • Congress should resist any further increases in DHS Enforcement funding until DHS shows better management, accountability, and reasonable use of existing resources.

PWS

11-13-18

TRUMPED: Nielsen Is A Sycophant Who Lied To Cover Her Boss’s Stupid, Cruel, & Often Illegal Antics On Immigration – Reportedly, She’s About To Learn That There’s No “Graceful Exit” From The Kakistocracy – “Trump puts people like Nielsen in the position of accounting for his whims and his counterfactual claims. His expectations for how much someone like Nielsen could accomplish when it comes to securing the border were almost definitely unreasonable. She tried to compensate for those shortcomings by saying things she couldn’t possibly have believed to boost Trump.”

https://www.washingtonpost.com/politics/2018/11/13/kirstjen-nielsen-repeatedly-did-trumps-bidding-her-reward-an-unceremonious-impending-exit/?utm_term=.2e8283f31a2a

Aaron Blake reports for WashPost:

We may not be there yet, but there may come a point at which it’s very difficult to find well-qualified people willing to serve in President Trump’s Cabinet. And if we do, we’ll look back on Kirstjen Nielsen’s tenure as an early indicator.

The homeland security secretary appears set for an unceremonious exit less than one year after taking over the nation’s third-largest agency, report The Post’s Nick Miroff, Josh Dawsey and Philip Rucker. The writing has been on the wall for months — and her departure could ostensibly be delayed further — but Trump’s long-standing frustration with Nielsen and the freedom he now has with the 2018 elections behind him seem to be bringing this situation to a head. Trump has previewed a potential shake-up in recent weeks, and Nielsen was always among the most endangered top officials.

The looming decision is about Nielsen’s failure to meet Trump’s expectations when it comes to curtailing illegal immigration at the U.S.-Mexico border. An uptick in border apprehensions in recent months and the caravan of migrants coming up from Honduras have probably sealed Nielsen’s fate.

But she seems to be a victim of irrational expectations more than anything. And she has spent much of her tenure tolerating Trump’s whims and even putting her reputation on the line in the name to keeping her job. No amount of public fealty, it seems, has been enough.

Nielsen has repeatedly fed Trump’s narrative about the Russia investigation with misleading or incorrect comments. Like Trump, she declined to directly blame Vladimir Putin for Russia’s 2016 election interference, even though the U.S. intelligence community does. Months earlier, she was asked about that same conclusion and said: “I do not believe that I’ve seen that conclusion. . . . That the specific intent was to help President Trump win? I’m not aware of that.

She also suggested that Russia’s attacks an American election infrastructure weren’t necessarily aimed at helping Trump, even though the intel community says the broader effort was — a bizarre delineation clearly aimed at appeasing the boss, who has asserted that Russia actually favored Hillary Clinton.

During testimony in January, Nielsen declined to confirm Trump’s closed-door remarks describing African nations, Haiti and El Salvador as “shithole countries” — even though she was present. Then, in an exchange that followed, she was asked to account for Trump saying the United States needed more immigrants from Norway, an overwhelmingly white country. She even tried to pretend that she wasn’t sure Norway was an overwhelmingly white country and that Trump was referring to work ethic:

LEAHY: What does he mean when he says he wants more immigrants from Norway?

NIELSEN: I don’t believe he said that specifically. . . . What he was specifically referring to is, the prime minister telling him that the people of Norway work very hard. And so, what he was referencing is, from a merit-based perspective, we’d like to have those with skills who can assimilate and contribute to the United States, moving away from country quotas and to an individual merit-based system.

LEAHY: Norway is a predominantly white country, isn’t it?

NIELSEN: I actually do not know that, sir, but I imagine that is the case.

By far the most controversial chapter of Nielsen’s tenure, though, has been the separation of migrant families at the border — a policy that led to the detention of children in large cages and the government’s failure to promptly reunite them with their families. Nielsen reportedly resisted the policy behind the scenes. But publicly, she boosted it and even made implausible arguments in favor of it. She even went so far as to argue that it wasn’t an actual policy.

“We do not have a policy of separating families at the border, period,” she said, laughably. A DHS inspector general’s report last month contradicted this and other claims Nielsen made about the policy’s implementation.

And that’s the thread that runs through all of this. Trump puts people like Nielsen in the position of accounting for his whims and his counterfactual claims. His expectations for how much someone like Nielsen could accomplish when it comes to securing the border were almost definitely unreasonable. She tried to compensate for those shortcomings by saying things she couldn’t possibly have believed to boost Trump.

If and when she is finally ousted, it should serve as notice to anybody who would succeed her, or anyone else in the administration, that fealty is a necessary but not sufficient part of the job. And there’s no guarantee that sacrificing your own reputation for Trump will be rewarded.

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As I said in connection with the recent Sessions firing, nobody should be surprised by these totally irrational moves against his own loyal toadies. Trump and his policies are failures; so, he obviously needs someone else to blame because he isn’t man enough to take accountability for his own mistakes. It might be hard to find such complete lackeys for these key jobs, but maybe not in today’s GOP.

(I note that Sessions only recused himself from the Russia probe because failure to do so could have been a clear ethical breach that could well have cost him his law license.  While Sessions is definitely a sleazy character, for the top law enforcement official in the country to willingly ignore advice of his own ethics officials would take sleaze to an even higher and much more publicly obvious level.)

As I have said before, while public humiliation of loyal toadies is never a pretty sight, nobody should shed tears for either Sessions or Nielsen. They weren’t required to take these jobs and Trump’s lack of character and willingness to bully and publicly humiliate those who had loyally worked for him were well-known long before he became President. He might value sycophantic loyalty (see Mike Pence), but he has none to give. It’s the victims for whom we should feel sorry  — families, immigrants, communities, and others who have been hurt by Nielsen’s willingness to ignore the law, human decency, and rational policies in a vain effort to hold onto her job.

PWS

11-13-18

 

THE HILL: NOLAN SAYS TRUMP’S BORDER ORDER IS NQRFPT!

“NQRFPT” = “Not Quite Ready for Prime Time” (as some might remember from my days on the bench)

https://thehill.com/opinion/immigration/416195-trump-should-withdraw-his-asylum-proclamation

Family Pictures

Nolan writes:

. . . .

Detention will continue to be a major problem, regardless.

Under the proclamation, DHS would not have to screen aliens to determine whether they have a credible fear of persecution for asylum purposes, but it would have to screen them to determine if they have a reasonable fear of persecution.

The United States is a signatory to the Refugee Convention, which prohibits expelling a refugee to a country where it is likely that he will be persecuted. Asylum just requires a well-founded fear of persecution.

This condition is met with the withholding of deportation provision in the INA for aliens who establish that it is more likely than not that they will be persecuted.

America also is a signatory to the Convention Against Torture (CAT), which provides that, “No State Party shall expel … a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

Relief under these provisions is limited to sending the alien to a country where he would not be persecuted or tortured.

The proclamation should be withdrawn until these problems can be resolved.

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Go on over to The Hill at the link to read Nolan’s complete article (I have just reprinted the concluding section above). It also was a “headliner” at ImmigrationProf Bloghttps://lawprofessors.typepad.com/immigration/2018/11/president-trump-should-withdraw-his-asylum-proclamation.html

Nolan’s conclusion ties in nicely to my preceding posts that confirm, as Nolan points out, that CBP, the Asylum Office, the Immigration Courts, and probably the Federal Courts are woefully unprepared for the additional chaos and workload that is likely to be created by Trump’s shortsighted actions. Like most of what Trump does in the immigration areas it demonstrates a chronic misunderstanding of the laws, how the system operates, the reality of what happens at the border, and ignores the views of career civil servants and experts in the area. In other words, a totally unprofessional performance. But, that’s what “kakistocracy” is all about.

We’ll see what happens next. I expect a U.S. District court ruling on the ACLU’s suit to stop implementation of the Executive Order and the “Interim Regs” to be issued in the near future.

PWS

11-13-18

HOW MANY RIDICULOUS “TRUMP TROOPS” & ARMED BORDER PATROL OFFICERS IS IT GOING TO TAKE TO STOP THESE TWO FOOTSORE LITTLE GIRLS AND THEIR EXHAUSTED MOTHER? — What Kind Of A Nation Rolls Out A Bogus Military Display & Announces Plans To Trash Its Own Laws & International Norms In Response To A Non-Threatening Humanitarian Situation That It Helped Cause & Aggravate?

https://www.washingtonpost.com/world/2018/11/07/story-behind-photo-little-girl-crying-migrant-caravan/?utm_term=.518223da78ac

Michael E. Miller reports for WashPost:

SAN PEDRO TAPANATEPEC, Mexico — The migrant caravan came alive one morning last week with a rustle of plastic tarps being taken down and packed. A crowd gathered well before dawn.

Near the back of that crowd stood Keila Savioll Mejia. Two weeks earlier, the shy 21-year-old had left home in Honduras to join the caravan with her 2-year-old and 4-year-old daughters. She listened as organizers announced that two trucks were available to take women and children from Tapanatepec to the next stop, 33 miles away.

Mejia thought about rushing forward to claim the last spot. Both of her daughters were sick and Camila, the oldest, was tired of walking. But she said she worried they would be crushed or suffocated in the throng. So she let others climb into the back of the truck, which soon overflowed with about three dozen people.

“There are no more trucks,” an organizer said over a loudspeaker. “Let’s go.”

And with that, Mejia and her daughters set off on foot.

President Trump has portrayed the migrant caravan as a monolithic threat, a mass of “terrorists” intent on “invading” the United States. In reality, the caravan is a collection of individuals and families, each with their own story. And few were worse off than Mejia.

As she carried 2-year-old Samantha through the streets of Tapanatepec, she saw several families with sturdy strollers they had bought for 900 pesos — around $45 — at the Mexico-Guatemala border. Others were flimsy, held together with tape or twine. One father pushed his 5-year-old son in a donated wheelchair.

Mejia had nothing, not even a baby carrier.


Keila Savioll Mejia, 21, holds her daughter Samantha, 2, left, as Johana Hernandez, 16, center, watches 4-year-old Camila. (Carolyn Van Houten/The Washington Post)

By the time the caravan reached the edge of town, Mejia’s thin arms already ached from carrying her toddler. So mother and daughters rested under a tree.

Mejia wore pink plastic slippers so thin they were like walking in bare feet. The girls wore sandals that were hardly any better. Besides a few donated diapers friends carried for them, all their belongings fit into a tiny “Mafalda” bag on Mejia’s back.

Soon, they were back on their feet, Samantha on Mejia’s shoulders and Camila holding hands with Bessi Zelaya, a friend from Peña Blanca.

As they walked through the pre-dawn darkness, the silence was broken every few minutes by the buzz of approaching motorcycle taxis. The tiny three-wheel vehicles would pull up, and half a dozen migrants would pile in, paying a few Mexican pesos to get a little closer to the next stop.

But Mejia didn’t have a few pesos.

In Peña Blanca she had made 100 lempiras — about $4 — a day selling tortillas. The girls’ father had left them long ago, so they lived with Mejia’s mother and siblings in a small cinder block house.

When she heard of the caravan forming in San Pedro Sula just 50 miles away, Mejia borrowed 500 lempiras from a friend, packed her daughter’s backpack and boarded a bus to the capital. By the time they caught up to the caravan a few days later, Mejia had spent half her money on bus fare. She quickly used the rest to buy food for the girls.

“We’ve had to walk ever since,” she said.

As young men strode past and another overloaded mototaxi sped away, an organizer in a yellow traffic vest issued a warning to those falling behind.

“Hurry up,” he said, “or immigration will grab you.”

The fear was real. The sheer size of the caravan made it difficult for Mexican authorities to stop. But small groups that had split off had reportedly been detained and deported. The same could happen to stragglers.

Camila, her tiny legs already exhausted, collapsed to the ground. The girl closed her eyes.


An exhausted Camila collapses to the ground. (Carolyn Van Houten/The Washington Post)

“Camila!” Mejia said sharply.

“Arriba,” said Zelaya, lifting her onto the shoulders of Fernando Reyes Enamorado, a neighbor from Peña Blanca. Camila drooped over the 19-year-old’s head.

They continued walking, but when they stopped at a house where the owners had brought out a jug of water for the migrants, Camila refused to get up. Mejia splashed the girl in the face with water, but she just sat on the ground, kicking off her sandals and beginning to cry.

“Levántate,” Mejia told her. “Get up.”

A family with a stroller went past. Then another, and another. Flashing lights in the distance behind them were a reminder that if they fell far enough behind, their journey could be over in an instant.

Strangers stopped to offer to carry Camila, but the girl refused to let anyone touch her.


Keila Savioll Mejia carries her two daughters during the caravan. If they fell too far behind, they risked being detained and deported. (Carolyn Van Houten/The Washington Post)

Minutes passed as Samantha cried and Camila screamed and the caravan kept going without them. Friends disappeared into the distance. Dawn began to break. Soon the sun would rise, and the temperature would climb to nearly 100 degrees.

So Mejia did the only thing she could: She lifted both girls — one over each shoulder — and started walking.

Within a few minutes, she had caught up with the others where the road met a highway. Migrants slept in the ditch as they waited for trucks on which to catch a ride.

Mejia set the girls down and handed them candy to keep them awake.

But as vehicles approached, it was the young men who always reacted first. They climbed atop oil tankers and leaped aboard moving container trucks.

So Mejia started walking again, Samantha in her arms and Camila flailing unhappily at her side.

But then their luck suddenly changed. As she passed a red car belonging to a Televisa news crew, the cameraman recognized her.

Paco Santana, a TV anchorman, had interviewed Mejia a few days earlier and had given her a lift. Now he offered to do so again.


Keila Savioll Mejia and her daughters receive a much needed lift when a local television reporter offers them a ride. (Carolyn Van Houten/The Washington Post)

“I wish I could take you all like last time, but I have a woman who is very pregnant,” he told Zelaya and Mejia’s other friends.

“No, no, no,” said Ana Velazquez, 36, who was traveling with her 16-year-old daughter. “What we want is for her to get a ride because the little girl doesn’t like to walk.”

“Well,” Santana said, turning to Mejia. “What do you think?”

She looked at her friends. Then she looked at her daughters.

“Do you want to go in the car, like the other day?” Santana asked Camila and Samantha.

With shouts of excitement, her daughters made the decision for her.

“I don’t have cookies this time,” Santana said, opening the door of his car, where the pregnant woman and her partner were already waiting for a ride. “Should we go get some?”

And then it was on to the next town, the single mother’s odyssey over — at least for another day.


Samantha Savioll Mejia, 2, peaks out the window of a car belonging to the Televisa news crew while sitting on her mother’s lap. (Carolyn Van Houten/The Washington Post)

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

At some point, there will be an accounting for Trump’s cowardly actions and his misuse of our military in this wasteful and immoral political stunt.

PWS

11-11-18

 

TRUMP’S TOADIES: EOIR JOINS “PARTNERS” AT DHS IN FRIVOLOUS “INTERIM” REG THAT CLEARLY VIOLATES ASYLUM STATUTE! — All In Pursuit Of Trump’s Racist, Anti-Asylum Agenda!

Here’s a link to the “Interim Regulations:”

https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-24594.pdf

Here’s “Tal’s Take:”

https://www.sfchronicle.com/politics/article/Trump-administration-to-issue-travel-ban-like-13376110.php

Trump administration to issue travel ban-like rule at southern border

Tal Kopan Nov. 8, 2018

WASHINGTON — The Trump administration is using travel ban-like authority to substantially curtail immigrants’ ability to seek asylum in the U.S.

 

The administration took the first step Thursday to bar immigrants from applying for asylum if they cross the southern border illegally. On Friday, President Trump is likely to issue a proclamation implementing the ban, a senior administration official suggested in a briefing.

 

The ban will apply to future illegal border crossers, not those who have already entered the country, the official said.

 

The move, which was first reported by The Chronicle last month, comes as a caravan of thousands of impoverished migrants is slowly traveling through Mexico toward the U.S. The migrants are still several weeks away from the border, but Trump has already sent 5,000 troops to the Southwest to prepare for their possible arrival.

Related Stories

 

Trump’s proclamation will apply only apply to those who cross the U.S.-Mexican border illegally. The goal, said a second administration official, is to “funnel” asylum seekers to legal border crossings, where the government is “better resourced” and has “better capabilities and better manpower and staffing.”

 

But the rule could have overwhelming consequences for crossings like San Ysidro in San Diego County. The busiest land crossing in the Western hemisphere, that port of entry already struggles to process immigrants who arrive seeking asylum, with wait times often approaching weeks.

 

The administration officials did not answer a question about how the ports of entry would be able to accommodate even more immigrants.

 

The San Ysidro crossing can process 50 to 100 immigrants a day, according to Customs and Border Protection Commissioner Kevin McAleenan. There were days in July when the line was 1,000 people long.

 

Officials cannot legally turn away immigrants seeking asylum at recognized border crossings. But they do conduct “metering,” stopping immigrants before they get to the crossing and telling them they have to come back.

 

That has created desperate situations south of the border. An inspector general’s report analyzing the administration’s handling of the family separation crisis this summer blamed “metering” for causing more people to cross into the U.S. illegally.

 

Federal law says asylum protections, which afford a path to citizenship for qualifying immigrants who fear persecution in their home countries, are available to immigrants “whether or not” they arrive at a legal crossing. The administration argues that other provisions of the law allow them to restrict that.

 

Immigrant advocates disagree, and have already said they will sue to block Trump’s expected proclamation.

 

“The asylum ban is patently unlawful and disregards our nation’s long commitment to providing a safe haven for those fleeing danger. Court challenges are coming,” said Lee Gelernt, a lead immigration attorney for the American Civil Liberties Union.

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

These “Interim Regs” are 78 pages of pure legal gobbledygook, bureaucratic doublespeak, and irrelevant and intentionally misleading stats purporting to “justify the unjustifiable.” So, I’ll make this simple.

 

  • The asylum statute says individuals have a right to apply for asylum regardless of legal status and without regard to whether they arrived or entered at a legal “port of entry;”
  • This “Interim Regulation” purports to make those who don’t arrive at a port of entry ineligible to apply for asylum;
  • The regulation cites a statutory provision that allows the AG and the Secretary of DHS to create “exceptions” and “conditions” on applicants by regulation;
  • But, that statute actually says those “exceptions and conditions” must be “consistent with” the statute;
  • The “exception” to eligibility in this Interim Regulation specifically contradicts the clear language of the statute permitting those who enter or arrive illegally to apply for asylum;
  • Therefore, the exception is beyond the authority of the AG and the Secretary to create by regulation;
  • Indeed, the facial invalidity of this Interim Regulation is so clear that the EOIR and DHS position is frivolous— not passing the “straight face test” — and the policy officials and bureaucrats involved are promoting frivolous litigation before the Federal Courts — generally frowned upon when done by members of the public!
  • Perhaps at some point the Federal Courts will assert themselves by starting to “take names” of those US Government officials wasting court time in pursuit of illegal, racially-motivated objectives.

 

No wonder the Dudes who drafted this piece of garbage wanted to bury their real actions and intent in 78 pages of pure nonsense! This from an Administration supposedly committed to cutting bureaucracy and eliminating unnecessary and burdensome regulations!

 

Tomorrow, as previously promised, Trump will continue to carry out his racist, White Nationalist political agenda by declaring a totally bogus “immigration emergency” by Executive Order (similar to the bogus emergency he used to justify the discriminatory and bogus “Travel Ban”). The only question is whether the Federal Courts will let him get away with thumbing his nose at the statute, our Constitution, and the authority of the Article III Courts themselves.

 

Stay tuned!

 

PWS

 

11-08-18

MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!

https://slate.com/news-and-politics/2018/11/jeff-sessions-donald-trump-resign-disgrace.html

Stern writes:

Attorney General Jeff Sessions resigned on Wednesday at the request of Donald Trump. He served a little less than two years as the head of the Department of Justice. During that time, Sessions used his immense power to make America a crueler, more brutal place. He was one of the most sadistic and unscrupulous attorneys general in American history.

At the Department of Justice, Sessions enforced the law in a manner that harmed racial minorities, immigrants, and LGBTQ people. He rolled backObama-era drug sentencing reforms in an effort to keep nonviolent offenders locked away for longer. He reversed a policy that limited the DOJ’s use of private prisons. He undermined consent decrees with law enforcement agencies that had a history of misconduct and killed a program that helped local agencies bring their policing in line with constitutional requirements. And he lobbied against bipartisan sentencing reform, falsely claiming that such legislation would benefit “a highly dangerous cohort of criminals.”

Meanwhile, Sessions mobilized the DOJ’s attorneys to torture immigrant minors in other ways. He fought in court to keep undocumented teenagers pregnant against their will, defending the Trump administration’s decision to block their access to abortion. His Justice Department made the astonishing claim that the federal government could decide that forced birth was in the “best interest” of children. It also revealed these minors’ pregnancies to family members who threatened to abuse them. And when the American Civil Liberties Union defeated this position in court, his DOJ launched a failed legal assault on individual ACLU lawyers for daring to defend their clients.

The guiding principle of Sessions’ career is animus toward people who are unlike him. While serving in the Senate, he voted against the reauthorization of the Violence Against Women Act because it expressly protected LGBTQ women. He opposed immigration reform, including relief for young people brought to America by their parents as children. He voted against the repeal of Don’t Ask, Don’t Tell. He voted against a federal hate crime bill protecting gay people. Before that, as Alabama attorney general, he tried to prevent LGBTQ students from meeting at a public university. But as U.S. attorney general, he positioned himself as an impassioned defender of campus free speech.

While Sessions doesn’t identify as a white nationalist, his agenda as attorney general abetted the cause of white nationalism. His policies were designed to make the country more white by keeping out Hispanics and locking up blacks. His tenure will remain a permanent stain on the Department of Justice. Thousands of people were brutalized by his bigotry, and our country will not soon recover from the malice he unleashed.

His successor could be even worse.

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

Can’t overstate the intentional damage that this immoral, intellectually dishonest, and bigoted man has done to millions of human lives and the moral and legal fabric of our country. “The Father of the New American Gulag,” America’s most notorious unpunished child abuser, and the destroyer of Due Process in our U.S. Immigration Courts are among a few of his many unsavory legacies!

The scary thing: Stern is right — “His successor could be even worse.”  If so, the survival of our Constitution and our nation will be at risk!

PWS

11-06-18

ROQUE PLANAS @ HUFFPOST: TRUMP’S BOGUS CARAVAN THREAT MIGHT BE HIS MOST OUTRAGEOUS SCAM YET! — GOP’S Racist Commercial So Vile That Even Fox Pulls It!

https://www.huffingtonpost.com/entry/donald-trump-fabricating-border-crisis-before-election_us_5be0a522e4b09d43e321d731

Roque Planas writes in HuffPost:

Almost every day last week, the White House thrust immigration to the center of national politics. The Pentagon announced plans to dispatch some 5,200 troops to the border with Mexico. Trump said he planned to eliminate the constitutional guarantee of birthright citizenship by executive fiat. He announced a coming plan to bar migrants who cross illegally from claiming asylum and to detain them indefinitely in tent cities. To hear him speak at a press conference on Thursday, it would appear the United States faces an onslaught of illegal immigration.

None of this reflects reality. For the last eight years, arrests for illegal border crossing have been at their lowest levels since the 1970s.

But it does jibe with the strategy of a president who propelled himself to the White House by making specious immigration claims. Facing an election cycle that imperils the Republican majority in the House of Representatives, the president’s message is clear: Voters should blame Democrats for a nonexistent catastrophe at the border.

The ad — which NBC abandoned, along with Fox and Facebook, after a major backlash — is part of Trump’s strategy to drum up fears of the caravan among his base. CNN declined to air it, calling it “racist.”

It’s also flatly false.

Luis Bracamontes, the unauthorized immigrant in Trump’s ad, was convicted in 2014 for killing two Sacramento police officers and has nothing to do with the caravan.

The original version of the ad that Trump posted to Twitter was even more blatantly dishonest. After showing clips of a deranged Bracamontes ranting in court about how he would escape and kill others, it claimed that Democrats let him into the country and that they let him stay. It then it cuts to video of the caravan, giving the impression that it’s composed of similar fiends.

In fact, no one let Bracamontes in. He was deported twice, once in 1997 and again in 2001.

Some critics of the ad have noted that the last time he entered the country illegally appears to have been during the presidency of George W. Bush. He didn’t let Bracamontes in either, though. The fact is that Bracamontes evaded law enforcement, which is not in itself noteworthy. The rate of success for people who attempt to enter the country illegally multiple times never dipped below 96 percent until 2008, according to the Mexico Migration Project, the most comprehensive sociological database to track migration across the U.S.-Mexico border.

Implying that the migrant caravan is consists of dangerous criminals like Bracamontes is just as untenable as the claim that Democrats let him in. Among the several thousand people traveling through Mexico in the main caravan are 2,300 kids, according to UNICEF USA. The migrants are banding together in caravans not as some kind of invading force but as a way to seek protection in numbers from human traffickers.

The major challenge that the U.S. faces at the border is how to process efficiently an uptick in the number of Central American families and children who make asylum claims or ask for other forms of humanitarian relief from deportation. But that trend dates from 2014, so it’s hardly new.

It won’t be clear until after the midterm elections whether Trump will follow through on his barrage of immigration promises. But with less than 24 hours to Election Day, the more immediate question is how voters will react to his statements.

Mass migration from Mexico had petered out seven years before Trump launched his campaign for the presidency by vilifying Mexican immigrants as criminals and rapists and blaming “open border” Democrats for an immigration crisis that didn’t exist. The strategy helped get him elected in 2016. On Tuesday, we’ll see if it works for him again.

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

Lies, knowingly false narratives, corruption, scams on the American people, racism, intolerance, disrespect for millions of Americans and our Constitution — that’s just business as usual for the Trump Administration.

Truth is, the “Caravans” are doing favors for the US Government in a number of ways:

  • Easy to track;
  • Plenty of advance notice;
  • Reduces danger and deaths along the way;
  • Takes business away from professional smugglers;
  • Almost all “Caravan” members who actually reach the border (only a fraction of those who begin the thousand mile plus journey) are processed in an orderly fashion, either waiting patiently at ports of entry or turning themselves in to the Border Patrol immediately upon entry;
  • There is no evidence of  significant numbers of “Caravan” members disappearing into the interior of the US without some type of inspection and screening — almost all those who are not summarily returned have gone through credible fear screenings and are either detained or released on bond after the Government confirms their identity and reasons for coming,  and determines that they have credible cases for protection under our laws;
  • There is no record that I’m aware of that any “Caravan” has attempted to “storm the border” or violently attacked US border authorities en masse — why would they, since their only chance for survival is to hope and pray that the US authorities will actually live up to our legal responsibilities and give them a chance to seek legal protection under our laws?

However, if the Trump Administration continues to ignore our laws and to mount bogus attacks on fleeing refugees, they probably will be able to convince many of those folks that our legal system is a fraud and they had best employ the services of a professional smuggler to get them into the interior of the US where they can lose themselves in the crowd and probably save their lives — a sort of “do it yourself asylum.” And, while wasting taxpayer money on the “border hoax,” this Administration is failing to fund and intentionally ignoring international efforts to address the dangerous and chaotic conditions in the Northern Triangle that causes these refugee flows in the first place — and will continue to cause them until we put wiser and more honest policies into effect.

The real threat to our country’s security and future is Trump and his willfully blind or in some cases outright White Nationalist, racist, or purposefully racially tone-deaf supporters and enablers.

If that’s not the America you want and want for future generations, get out the vote to start regaining control of our country from a misguided yet loud and active minority trying to shove their lack of values down the rest of our throats! America is for all Americans, not just the “Trump Base” and their fellow travelers!

PWS

11-06-18

CONTEMPT OF COURT: Trump Administration Asks Supremes To Short-Circuit Lower Federal Courts, End DACA!

https://www.reuters.com/article/us-usa-immigration-daca/trump-turns-to-supreme-court-to-wind-down-dreamer-immigration-program-idUSKCN1NB01D

Lawrence Hurley and Tom Hals report for Reuters:

WASHINGTON (Reuters) – President Donald Trump’s administration asked the U.S. Supreme Court on Monday to allow it to end a program introduced by former President Barack Obama that protects thousands of young immigrants who live in the United States without legal status.

FILE PHOTO: Activists and DACA recipients march up Broadway during the start of their ‘Walk to Stay Home,’ a five-day 250-mile walk from New York to Washington D.C., to demand that Congress pass a Clean Dream Act, in Manhattan, New York, U.S., February 15, 2018. REUTERS/Shannon Stapleton/File Photo

The day before congressional elections in which Trump’s harsh anti-immigration rhetoric has taken center stage, the administration urged the justices to throw out three lower court rulings that blocked Trump’s plan to wind down the Deferred Action for Childhood Arrivals (DACA) program.

The policy has shielded from deportation immigrants dubbed “Dreamers” and given them work permits, though not a path to citizenship.

In a court filing, Solicitor General Noel Francisco said the original DACA policy was introduced by Obama administration officials “even though existing laws provided them no ability to do so.” Now, it is lawful for the Department of Homeland Security to change course, he added.

“It is plainly within DHS’s authority to set the nation’s immigration enforcement priorities and to end the discretionary DACA policy,” Francisco said.

The Justice Department’s move was unusually aggressive in terms of procedure, asking the justices to take action even before intermediate federal appeals courts have ruled on the three lower court rulings. The administration says a final ruling is urgently needed.

If the Supreme Court, which has a 5-4 conservative majority, agrees to hear the case, a ruling would likely come before the end of June.

Poll: Voter enthusiasm surges among U.S. Hispanics

Trump and his conservative political allies have made his hard-line policies toward immigration a key issue ahead of Tuesday’s midterm elections that will determine if his fellow Republicans maintain control of Congress.

The Trump administration has argued that Obama exceeded his constitutional powers when he bypassed Congress and created DACA, which offers protections to roughly 700,000 young adults, mostly Hispanics.

The administration is contesting three different district court rulings from judges in California, New York and the District of Columbia that told the administration to continue processing renewals of existing DACA applications while litigation over the legality of Trump’s action is resolved.

Reporting by Tom Hals and Lawrence Hurley, Editing by Rosalba O’Brien

 

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

The Administration shows its utter contempt for the Third Branch in two ways:

  • First, by essentially demanding to skip appealing the District Court orders to the Courts of Appeals, as all other litigants are required to do, they are expressing their contempt for the proper role of the Courts of Appeals;
  • Second, by publicly indicating that they “own” the Supremes and can get them to short-Circuit the system and do their bidding on demand.

A prudent Court would send Trump packing. Indeed, there is no reason whatsoever to allow the Government to circumvent the legal system here. Given that there are already 750,000 cases in Immigration Court, the 800,000 “Dreamers” aren’t going anywhere. Clearly, the Administration’s claim of “urgency” is totally bogus. Moreover, given the sympathetic circumstances of the Dreamers, there is no reason for the Court to rush on this one. It remains something that Congress eventually will have to solve, no matter how much they might want to avoid doing so.

We’ll see how this one plays out. It will tell us lots about the wisdom, integrity, and courage of the Supremes in the age of Trump.

PWS

11-05-18

MR. ROGERS: APOSTLE OF RADICAL KINDNESS

https://www.washingtonpost.com/outlook/fred-rogers-understated-champion-of-radical-kindness/2018/11/02/97e784c4-cb27-11e8-920f-dd52e1ae4570_story.html

Annie Murphy Paul writes in the Washington Post:

In a recent interview on NPR, journalist Beth Macy was asked about the personal toll taken by her work reporting on the ravages of the opioid crisis — work that entailed spending hour upon hour with desperate addicts and grieving families. Macy replied that the words of a friend helped buoy her spirits and guide her approach to the story, which also involved interviewing “the people fighting back” against the scourge of addiction: doctors, social workers, first responders, health activists. Recalled Macy of her friend: “He quoted Mister Rogers — he said, ‘Look for the helpers.’ ”


(Harry N. Abrams)

“Look for the helpers”: a small gift, one of many, for which we can thank the children’s television personality Mister Rogers. The life of Fred Rogers — yes, he had one outside the confines of the living room where each day he changed into a cardigan and sneakers on camera — is recounted in “The Good Neighbor,” a new biography by Maxwell King. King, a former journalist who now leads the nonprofit Pittsburgh Foundation, offers the full complement of heartwarming, feel-good stories we would expect from a book about Mister Rogers. But, as King is at pains to demonstrate, Rogers wasn’t just about feeling good. He was no superficial cartoon of niceness. The man was deep — a quality that distinguished him from the characters featured in other children’s shows, from Soupy Sales and Captain Kangaroo to, later, Barney the Dinosaur and Elmo the helium-voiced Muppet. Rogers treated with sober seriousness notions that the rest of us regard as platitudes — “Love thy neighbor” — and devotedly lived them out. He made niceness radical.

King is a skilled storyteller who captures the essence of not only Rogers the person but also the very particular American scene that produced him. The future television icon was born in 1928 in Latrobe, Pa., an industrial city 40 miles outside Pittsburgh. Viewers who regard him as the epitome of middle-class bourgeois habits may be surprised to learn that Rogers grew up very, very rich, in a mansion with a cook and a chauffeur. His mother, known around town for her extraordinary kindness and generosity, was a model for Fred and the source of the advice Macy found so inspiring: “When I was a boy and I would see scary things in the news,” Rogers once related on his show, “my mother would say to me: ‘Look for the helpers. You will always find people who are helping.’ To this day, especially in times of disaster, I remember my mother’s words, and I am always comforted by realizing that there are still so many helpers — so many caring people in this world.”

Rogers himself was a “sickly, chubby boy” whose classmates called him “Fat Freddy” and chased him home from school. Despite such treatment, he formed a loving attachment to his home town, which he would later re-create on his show as “The Neighborhood of Make-Believe,” complete with trolleys and factories. Many of the factories in real-life Latrobe were owned by Rogers’s family, but unlike the super-rich of today, the Rogerses lived and worked and socialized among their less-affluent neighbors instead of other people of wealth. Reading King’s account of this close-knit and community-minded city, one gains new insight into the affection and nostalgia so many feel for “Mister Rogers’ Neighborhood”: Its host was dramatizing a world that was already, at that moment, slipping away.

“The Good Neighbor” guides us smoothly from Rogers’s childhood though his early adulthood and the start of his professional career. After studying music composition at Rollins College in Florida (where he met his future wife, a pianist named Joanne Byrd), he was hired by NBC Television in New York, working as an assistant producer and floor director for shows like “The Kate Smith Evening Hour” and the “NBC Opera Theatre.” In 1953, Rogers moved back to Pennsylvania to work at WQED Pittsburgh, the nation’s first community-sponsored educational television station. There he produced a program called “The Children’s Corner,” in which he introduced many of the characters that would later become familiar to generations of young viewers: Daniel Striped Tiger, X the Owl, King Friday XIII, Henrietta Pussycat, Lady Elaine Fairchilde. That show led to the creation of “Mister Rogers’ Neighborhood,” featuring Rogers himself as host, which was distributed nationally starting in 1968.

Rogers’s show was earnest, quirky, amateurish in the best sense of the word; it was also groundbreaking. Into the lily-white world of midcentury children’s programming, Rogers invited actors of diverse backgrounds like Francois Clemmons, an African American singer and actor who played a police officer; Maggie Stewart, the African American “mayor” of Westwood, adjoining the Neighborhood of Make-Believe; and Tony Chiroldes, the owner of a shop that sold toys, books and computers in the Neighborhood, and who sometimes taught Mister Rogers words in Spanish. In the 1970s, Rogers became a vegetarian, offering as his reason another understated gem: “I don’t want to eat anything that has a mother,” he said. As King notes, “In many ways, he was ahead of his time.”

And yet, as we’ve noted, Rogers was also a creature of an earlier era. Even as the world around him ratcheted up its speed, Rogers maintained his slow, steady tempo. King tells us that his friends and co-workers called it “Fred-time”: “Whenever one sat down to talk with him, urgency seemed to dissipate, discussion proceeded at a measured, almost otherworldly pace, and the deepest feelings and thoughts were given patient attention.”

Rogers was also deeply religious, committed to his mother’s Presbyterian faith. For eight years, he slipped away from his duties at the television station three or four times a week to attend classes at the Pittsburgh Theological Seminary; he was ordained a Presbyterian minister in 1963. Many who knew Rogers seem to have regarded him as almost saintly. King quotes William Hirsch, a friend of Rogers’s from his church: “So what would Christ be like? He would be like Fred. He would encourage you to do things that were right and would help other people.”

King seems to recognize the dangers of regarding Rogers as too good — so impossibly virtuous as to seem not quite mortal — and does his best to excavate Rogers’s dark side. He could be stubborn and rigid, the biographer reveals; to hear former producer Margy Whitmer tell it, Mister Rogers was a bit of a control freak. “Our show wasn’t a director’s dream,” Whitmer confesses to King. “Fred had a lot of rules about showing the whole body, not just the hands. When actors or puppets were reading something, Fred wanted the kids to see the words, even if viewers couldn’t literally read them. The camera moves left to right, because you read left to right. All those little tiny details were really important to Fred.”

It does no damage to Rogers’s reputation to gain this humanizing perspective. One of the most affecting stories in the book, in fact, highlights both his rigidity and his goodness. Before appearing on Oprah Winfrey’s talk show in 1985, Rogers issued strict instructions: No children were to be present during the taping. King explains: “He knew that if there were children in the studio audience, he wouldn’t focus on Winfrey’s questions, he wouldn’t pay heed to her legion of viewers, and he wouldn’t convey the great importance of his work. The children and their needs would come first. He couldn’t help it.” Winfrey and her producers ignored his request and filled her studio with young children and their mothers.

King describes what happened next: “As soon as the children started to ask him questions directly, he seemed to get lost in their world, slowing his responses to their pace, and even hunching in his chair as if to insinuate himself down to their level. This wasn’t good television — at least, good adult television. Everything was going into a kind of slow motion as Fred Rogers became Mister Rogers, connecting powerfully with the smallest children present. He seemed to forget the camera as he focused on them one by one.” Winfrey, King relates, began to look worried. “Then it got worse. In the audience, Winfrey leaned down with her microphone to ask a little blond girl if she had a question for Mister Rogers. Instead of answering, the child broke away from her mother, pushed past Winfrey, and ran down to the stage to hug him. As the only adult present not stunned by this, apparently, Fred Rogers knelt to accept her embrace.”

In today’s ugly climate, full of bitterness and rage on all sides, Rogers’s example feels more necessary than ever. Indeed, 15 years after his death, we’re still passing on his words to each other like something warm to hold. When we look for the helpers, he’s there.

THE GOOD NEIGHBOR
The Life and Work of Fred Rogers

By Maxwell King

Abrams. 405 pp. $30

****************************************************
Fred Rogers actually was exactly what he was on TV. Our oldest son loved Mr. Rogers. I remember taking him down to DAR Constitution Hall to see Mr. Rogers and the rest of his “Neighborhood” “live.”
PWS
11-04-17

 

NO LONGER SUBTLE: Racism, Hate, Intolerance, Lies, Fear-Mongering Against Immigrants At Core Of Trump GOP’s Midterm Pitch! -– The Ugliest Side Of American History & Politics Rears Its Head!

https://apple.news/AxHra5TtoTEqR96pQ3ermwA

RUCKER AND FELICIA SONMEZ report for the Washington Post:

COLUMBIA, Mo. — President Trump, joined by many Republican candidates, is dramatically escalating his efforts to take advantage of racial divisions and cultural fears in the final days of the midterm campaign, part of an overt attempt to rally white supporters to the polls and preserve the GOP’s congressional majorities.

On Thursday, Trump ratcheted up the anti-immigrant rhetoric that has been the centerpiece of his midterm push by portraying a slow-moving migrant caravan, consisting mostly of families traveling on foot through Mexico, as a dangerous “invasion” and suggesting that if any migrants throw rocks they could be shot by the troops that he has deployed at the border. The president also vowed to take action next week to construct “massive tent cities” aimed at holding migrants indefinitely and making it more difficult for them to remain in the country.

“If you don’t want America to be overrun by masses of illegal aliens and giant caravans, you better vote Republican,” Trump said at a rally here Thursday evening.

The remarks capped weeks of incendiary rhetoric from Trump, and they come just five days after a gunman reportedly steeped in ­anti-Jewish conspiracy theories about the migrant caravan slaughtered 11 people at a Pittsburgh synagogue in what is believed to be the worst anti-Semitic attack in U.S. history.

Trump has repeatedly cast the migrants as “bad thugs” and criminals while asserting without evidence that the caravan contains “unknown Middle Easterners” — apparently meant to suggest there are terrorists mixed in with the families fleeing violence in Honduras and other Central American nations and seeking asylum in the United States. The president also said Wednesday that he “wouldn’t be surprised” if liberal donor George Soros had funded the migrant groups — echoing the conspiracy theory that is thought to have influenced the accused Pittsburgh shooter.

Trump questioned again at Thursday night’s rally whether it was really “just by accident” that the caravans were forming.

“Somebody was involved, not on our side of the ledger,” Trump told the crowd. “Somebody was involved, and then somebody else told him, ‘You made a big mistake.’ ”

He also called birthright citizenship a “crazy, lunatic policy,” warning that it could allow people such as “a dictator who we hate and who’s against us” to have a baby on American soil, and “congratulations, your son or daughter is now an American citizen.”

Many of Trump’s Republican acolytes, from Connecticut to California, have followed his lead in the use of inflammatory messages, including an ad branding a minority Democratic candidate as a national security threat and a mailer visually depicting a Jewish Democrat as a crazed person with a wad of money in his hand.

Trump and his supporters argue that the media and the president’s political opponents call racism or anti-Semitism where none exists as a way to demean him and divide Americans. At a campaign rally Wednesday night in Estero, Fla., Trump sought to link his supporters to the accusations.

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“We have forcefully condemned hatred, bigotry, racism and prejudice in all of its ugly forms, but the media doesn’t want you to hear your story,” Trump said. “It’s not my story. It’s your story. And that’s why 33 percent of the people in this country believe the fake news is, in fact — and I hate to say this — in fact, the enemy of the people.”

Meanwhile, an online campaign video personally promoted by Trump this week was denounced by Democrats and some Republicans on Thursday as toxic or even racist.

The footage focuses on Luis Bracamontes, a twice-deported Mexican immigrant who was given a death sentence in April for killing two California law enforcement officers in 2014. The recording portrays him as the face of the current migrant caravan, when in fact he has been in prison for four years.

The 53-second video is filled with audible expletives and shows Bracamontes smiling as he declares, “I killed f—— cops.” With a shaved head, a mustache and long chin hair, Bracamontes shows no remorse for his crimes and vows, “I’m going to kill more cops soon.”

Trump shared the video Wednesday afternoon with his 55.5 million followers on Twitter, and it remained pinned atop his Twitter page the next day. As of late Thursday afternoon, the video had been viewed 3.5 million times.

Ohio Gov. John Kasich (R), a potential 2020 challenger to the president, said Trump crossed a new Rubicon by posting the video.

“We all go through periods where we’re in a tough race and we’ve got to figure out what we should do, but at some point there’s just an ethical line that you should not cross, and I think it’s been crossed here,” Kasich said in an interview. “This latest ad is an all-time low. It’s a terrible ad, it’s designed to frighten people and it’s wrong.”

Rep. Bennie Thompson (D-Miss.) sounded a similar note, saying in a statement Thursday that Trump and Republicans “are so desperate to distract voters from their failures on everything from health care to foreign policy, they have sunk to new lows with hateful rhetoric and racist campaign ads.”

Five days from Election Day, the video underscored the dilemma facing Democrats as they work to calibrate their response to the president’s increasingly incendiary language on race and immigration.

Democratic strategist Donna Brazile said leaders of her party have two schools of thought about Trump’s video and his caravan rhetoric in general. She said they fear that reacting to it only allows the president to dictate the terms of the debate and “spread the toxins into the bloodstream of the electorate,” but that the tone is so appalling — especially coming from the president himself — that they feel compelled to speak out.

“Trump has opened up a whole new playbook to sow discord and to weaponize hate,” Brazile said. “Everyone has seen low politics. We’ve all done low politics. But Lee Atwater would be shocked at the vitriol we’re seeing today — and, man, Lee was scrappy. This is virulent. It’s bone-chilling. It’s like a toxin.”

Atwater, who died in 1991, was a Republican consultant who was known for crafting culturally divisive messages.

Rep. David N. Cicilline (D-R.I.) described the video as a “horribly racist” attempt by Trump to “prey on people’s fears and lack of information about how the immigration system works.”

Some conservatives, meanwhile, cheered the president for ramping up his focus on an issue that helped push him to victory in 2016. “The clip of convicted cop murderer Luis Bracamontes laughing in a Calif. court is something every American should see,” Fox News host Laura Ingraham wrote in a tweet.

Republican strategists say Trump’s immigration push is helping the party here in Missouri, where state Attorney General Josh Hawley is trying to unseat Democratic Sen. Claire McCaskill. Race has been a sensitive issue in the state, which was rocked by unrest in 2014 after an unarmed 18-year-old African American man was fatally shot by a white police officer in Ferguson, Mo.

Ahead of his rally here Thursday in Columbia, the speakers blared “We Are The World,” Michael Jackson’s ode to peace and inclusiveness. Several white supporters interviewed at the event rejected the notion that the president is racially divisive — and they said they resented the very suggestion.

“He’s not a racist president and I’m not a racist,” said Meredith Leon, 65, a retired small-business owner from Columbia. “We want law and order and justice for all people. I’m fed up with everything being race, race, race. Fed up!”

David Ewing, 59, a farmer in Tebbetts, Mo., said he supports Trump’s immigration agenda “100 percent.”

“I don’t think he’s racist,” Ewing said. “It’s just the far left trying to do anything they can to stop him. I ignore them, really.”

As Trump has intensified his rhetoric, a growing number of Republican candidates across the country have followed suit. Some feature graphic anti-immigrant messages and images in their campaign ads, while others have been accused of inciting anti- Semitic or anti-Muslim sentiment.

In Tennessee, a recent ad for Republican Senate nominee Marsha Blackburn features footage of the caravan and warns that it includes “gang members, known criminals, people from the Middle East, possibly even terrorists.” The ad also slams Blackburn’s Democratic opponent, Phil Bredesen, for stating that the caravan is “not a threat to our security.”

An ad released Thursday by Pennsylvania Republican gubernatorial nominee Scott Wagner features ominous music along with footage of the caravan. “A dangerous caravan of illegals careens to the border, two more behind it, and liberal Tom Wolf is laying out the welcome mat,” the ad declares, referring to the state’s Democratic governor.

A Facebook ad being run by the campaign of Rep. Rob Woodall (R-Ga.) features a photo of three heavily tattooed Latino men with the message, “I will protect Georgia from violent criminal gangs.”

And in California, the campaign of Rep. Duncan D. Hunter (R-Calif.), who has been indicted on charges of alleged misuse of campaign funds, has called his opponent, Ammar Campa-Najjar, a “national security threat” with “close family connections” to Islamist militant groups. The 29-year-old Democrat’s grandfather, who died 16 years before he was born, was a key planner of the 1972 attack on Israeli athletes at the Munich Olympics. Campa-Najjar has condemned the attack.

“Instead of making an affirmative case for his own record, he’s trying to disparage the character of a fellow American,” Campa- Najjar said in an interview. “I think that speaks volumes about his policy record.”

The messaging has filtered down to local races as well. In Connecticut, a mailer recently sent out by Republican state Senate nominee Ed Charamut’s campaign depicts Democrat Matthew Lesser as holding a wad of money with a crazed look in his eyes. Lesser is Jewish, and the ad has been denounced for promoting anti-Semitic stereotypes.

After first defending the ad, Charamut’s campaign later issued an apology to Lesser, acknowledging that “the imagery could be interpreted as anti-Semitic.”

Some candidates who have long made inflammatory remarks on immigration and race have found themselves facing a backlash in recent days. Rep. Steve King ­(R-Iowa), who met in August with representatives of a far-right Austrian party and declared that “Western civilization is on the decline,” was publicly rebuked Tuesday by Rep. Steve Stivers (R-Ohio), the head of the National Republican Congressional Committee. King, who previously retweeted a self-described “Nazi sympathizer” and endorsed a Toronto mayoral candidate who appeared on a neo-Nazi podcast, has also seen companies such as Land O’Lakes withdraw their support for his campaign.

Trump’s rhetoric also has prompted outrage from a handful of lawmakers from his party, particularly those who are departing Congress or are in Democratic-leaning districts. Republican leadership has largely remained silent.

Sen. Jeff Flake (R-Ariz.), a frequent critic of Trump who is retiring at the end of his current term, said in a tweet Thursday that the ad featuring Bracamontes was “sickening” and that “Republicans everywhere should denounce it.”

Rep. Carlos Curbelo (R-Fla.), whose district was won by Hillary Clinton by 16 points in 2016, said on CNN that while he hadn’t seen the ad, it was “definitely part of a divide-and-conquer strategy that a lot of politicians, including the president, have used successfully in the past.”

“I hope this doesn’t work,” Curbelo said. “I hope that type of strategy starts failing in our country, but that’s up to the American people.”

Sonmez reported from Washington. Sean Sullivan, Matt Viser and Eli Rosenberg in Washington contributed to this report.

Philip Rucker is the White House Bureau Chief for The Washington Post. He previously has covered Congress, the Obama White House, and the 2012 and 2016 presidential campaigns. Rucker also is a Political Analyst for NBC News and MSNBC. He joined The Post in 2005 as a local news reporter.

Felicia Sonmez is a national political reporter covering breaking news from the White House, Congress and the campaign trail. She was previously based in Beijing, where she worked for Agence France-Presse and The Wall Street Journal.

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

I always find it interesting when individuals who support, promote, and enable racist agendas “bristle” when confronted with the truth about their actions. Jeff Sessions is one great example of that phenomenon. But, it is what it is. Trump and his brand of GOP are running on an overtly racist platform; support for Trump simply can’t be detached from the reality of what he promotes and stands for — hate, dishonesty, intolerance, and frankly, a very grim future for a country that can’t get its act together and celebrate and use the skills, creativity, dedication, and humanity of all of its inhabitants. Whether you are conservative or liberal, the Trump platform of racism and hate can’t possibly be the keys to success as a nation. We need responsible moral leadership in American. It certainly can’t come from Trump or the GOP at this time in our history.

Get out the vote! Start the long, methodical, democratic process for regime change and restoration of true American values! Before it’s too late for all of us!

PWS

11-02-18

TRUMP, HIS SUPPORTERS, & ENABLERS TAKE US BACK TO AMERICA’S DARKEST DAYS OF RACISM & XENOPHOBIA – Echoes Of Dred Scott & The Chinese Exclusion Laws Embodied In Disingenuous Push To Change Birthright Citizenship By Either “Executive Order” Or Unconstitutional Legislation!

https://www.washingtonpost.com/news/global-opinions/wp/2018/10/31/trump-takes-us-back-to-the-darkest-days-of-american-xenophobia/

John Pomphret writes in the Washington Post:

Trump takes us back to the darkest days of American xenophobia


President Trump has astonished legal scholars with his claim that he can end birthright citizenship with a swipe of his pen. (Andrew Harnik/AP)
October 31 at 2:44 PM

President Trump’s vow to deny citizenship to children born in the United States to women in the country illegally not only harks back to the 1898 Supreme Court case that supposedly decided the issue for all time. He and the rest of his immigration allies also sound like the very people back then who made it their goal to make America white.

When Wong Kim Ark returned from China to San Francisco, the city of his birth, in August 1895, he was denied entry into the United States on the grounds that even though he had been born in America, the chief immigration official of the United States didn’t believe you could be both Chinese and American. That immigration official, John H. Wise, a prominent Democrat and a son of the South, had been appointed to his position as collector of the customs a few years earlier. Wise called himself a “zealous opponent of Chinese immigration” and set out to vigorously enforce the Chinese Exclusion Act, a 1882 law that banned from America all Chinese laborers. It was the first law ever to block a specific ethnic group from entry into the United States.

Democrats and union leaders were solidly behind the Exclusion Act, seeing as a threat to the white working class the industrious Chinese miners, grocery store owners, vegetable growers and traveling doctors who had populated the West. The Democrats were supported by California’s Workingmen’s Party, founded by a firebrand Irish immigrant named Denis Kearney, who organized raucous and often violent rallies around the state where the crowd would howl “The Chinese Must Go” and call for building a wall on the southern border (sound familiar?) because they believed Chinese immigrants were sneaking in from Mexico, according to archival material.

In San Francisco, Wise embraced all sorts of tactics to stop the Chinese from entering the United States. When confronted with Chinese American citizens, he demanded they provide two white witnesses who could attest to their citizenship. His agents gave English-language tests, history quizzes and geographical exams to those wishing to return to America. Wise took sadistic pleasure in denying Chinese entry, penning poems about court victories to the immigration lawyers he had beaten. “So just to make this poor Wong Fong / feel very good and nice,” went one ditty, “I’ve sent him back to China, where he can eat his mice.”

Wise opposed the idea that Chinese people should be allowed to become Americans in part because the Naturalization Act of 1870 had barred Asians from becoming naturalized Americans, reserving that right only for whites, Native populations and blacks. In 1884, Wise and his agents blocked a Chinese American man from reentering America but lost the case in district court. In August 1895, Wise got his chance again when 21-year-old Wong Kim Ark arrived in San Francisco. Wise claimed that even though Wong had been born in San Francisco in 1873, he was not really a citizen.

The fight for birthright citizenship in America

In 1898, the Supreme Court ruled that citizenship belonged to everyone born on American soil.

To defend Wong, the Chinese Benevolent Association hired one of the city’s best attorneys. The U.S. government turned to Henry S. Foote, a former Confederate soldier who had served time as a prisoner of war during the Civil War. Foote asked whether any Chinese “by accident of birth” could ever become citizens if their parents were not and could never become naturalized citizens of the United States.

Trump’s rant about immigrants from “shithole countries” echoed Foote’s argument. Foote noted that Wong’s “education and political affiliations” were “entirely alien” to the United States. He was not and never could become an American, Foote said, but rather a “Chinese person and a subject of the Emperor of China.” Indeed, allowing Wong, who spent five months incarcerated on various steamships off the U.S. coast, into the United States would be dangerous, Foote argued, because Asians “must necessarily be a constant menace to the welfare of our country.”

Foote lost the case in district court, but the government decided to appeal, losing in the Supreme Court in a 6-to-2 decision in March 1898. Following the case, local worthies in San Francisco worried that the decision would tempt America’s minorities to angle for more rights. Two days after the verdict, the San Francisco Chronicle frettedthat Japanese and Native Americans might even demand the right to vote. Perhaps, the paper suggested, an amendment to the Constitution to limit “citizenship to whites and blacks” might roll that back.

Things would not improve for decades for Chinese Americans and for Asian Americans in general. By 1924, the United States had constructed a web of legislation that effectively barred any Asian immigration. It would stay in place until World War II, when the United States was shamed into dismantling the ban by its ally China. Still, Trump and his advisers look to the time when the United States locked its doors to immigration as a golden era. No wonder his rhetoric sounds so familiar.

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

Leave it to Trump, his supporters, and those who enable him to pump life into a toxic argument has long been a rallying point for xenophobes, racists, restrictionists, and others happy to support an attack on racial minorities in the U.S. Today it’s Hispanics in the crosshairs of the haters; yesterday it was African-Americans and Asians. But, the ugly motivation and the legal manipulations to justify racism and xenophobia remain the same. And no, we can’t disconnect all of the legal arguments from their social context. These aren’t just legal questions; they are moral and political ones. Lending support to Trump and his campaign of hate and racism is what it is.

As Katherine Culliton-Gonzalez said in her excellent article “Born in the Americas: Birthright Citizenship and Human Rights,” published in the Harvard Human Rights Journal in 2012:

Furthermore, none of the legal, academic, and policy debates about

birthright citizenship should be separated from their clear context of attempting

to limit access to citizenship for the children of Latino immigrants.

Human rights law requires such an analysis. The historical context

must also be taken into account. As will be discussed herein, the Fourteenth

Amendment was enacted to prevent discrimination against people of color,

including immigrants of color. For many years, throughout different waves

of immigration, birthright citizenship was the law of the land. It is no

coincidence that birthright citizenship for children of undocumented immi

grants is being seriously challenged now that the 2010 Census found that

23% of children in the United States are Hispanic, and many of their parents

are immigrants. In addition, advocates for retracting birthright citizenship

frequently rely on negative stereotypes about immigrant women. [Citations Omitted].

Culliton-Gonzalez

Amen.

PWS

11-01-18

RUTH ELLEN WASEM @ THE HILL REMINDS US THAT NOT ONLY IS “BIRTHRIGHT CITIZENSHIP’ ENSHRINED IN OUR CONSTITUTION, IT’S ALSO A GREAT CONCEPT —- Without It, Many Americans, Regardless of Parentage, Would Be Disenfranchised & America Would Be Creating Generations of “Stateless Individuals” In Our Midst!

https://itk.thehill.com/opinion/immigration/398865-theres-no-place-like-home

Ruth writes:

Lost in last month’s heroic drama rescuing the Thai youth soccer team is that three of the boys and their coach are stateless individuals; that is, they have no citizenship papers from any country. While they were trapped in the cave, it was the least of their problems. As their lives begin to return to a new normal, the obstacles of their statelessness are compounding their challenges.

According to the United Nations High Commissioner for Refugees (UNHCR), a stateless child is born every 10 minutes somewhere in the world. UNHCR estimates that at least 10 million people in the world are stateless and subject to severe consequences. Stateless people typically are denied the protections of the laws of the nation, limited in their access to labor markets, and restricted from the social safety net. Jacqueline Bhabha, professor of the Practice of Health and Human Rights at the Harvard T.H. Chan School of Public Health, concludes that being stateless as a child can stunt opportunity, erode ambition and destroy the sense of self-worth.

In this context of an emerging crisis of stateless children, why would anyone propose legal and policy changes that would exacerbate statelessness?Those who argue that the United States should end birthright citizenship are doing just that. Recently, Michael Anton, who had been a national security adviser to President Trump, published an editorial arguing against birthright citizenship. Grounded in the Constitution, birthright citizenship is automatically granted to any individual born within and subject to the jurisdiction of the United States. As a candidate, Donald Trump suggested ending birthright citizenship, labeling it the “biggest magnet for illegal immigration.” An excellent series of editorials debating the matter has ensued, largely centered on legal issues.

Beyond the legal debate lies the policy crisis that would unfold if the United States abandoned birthright citizenship: Ending birthright citizenship would place an undue burden on U.S. citizens as they scramble to obtain appropriate government documents to establish that they are U.S. citizens. Children of citizens as well as children of foreign nationals would run the risk of becoming stateless.

As respected immigration attorney Margaret Stock has noted, most U.S. citizens rely on the birthright citizenship rule to establish their citizenship. A birth certificate from a jurisdiction in the United States is all one needs currently. Each U.S. state has its own unique registry of births, and most vital statistic records are kept at the county level. These local birth registries do not verify the citizenship of the child’s parents.

Equally critical, a birth certificate is the linchpin of all other state and federal government identity documents. It is required for state-issued driver’s licenses and state ID cards, as well as federally-issued Social Security cards and passports. If a birth certificate issued by a local jurisdiction in the United States no longer establishes that the person is a U.S. citizen, what would be the qualifying document?

At this time, a passport is the only document the U.S. government issues that confirms both the individual’s identity and citizenship. Fewer than half (46 percent) of U.S. citizens have passports.  A 2006 surveysponsored by the Brennan Center at New York University estimated that more than 13 million U.S. adults lacked readily available documentation of citizenship, and a birth certificate was one of the documents included as proof.

Imagine the steps new parents would have to go through to establish their child’s citizenship if birthright citizenship were abandoned. Expectant mothers would need to pack their passport or a bundle of identification documents in the overnight bag readied for the baby’s delivery.

These bureaucratic hurdles would be particularly onerous for low-income citizens or citizens living in rural or geographically underserved areas. The Brennan Center survey also found that citizens earning less than $25,000 per year are more than twice as likely to lack ready documentation of their citizenship as those earning more than $25,000. If a birth certificate no longer would be proof of citizenship, this disparity would rise substantially. Such citizens might find themselves stateless because they would not be able to acquire the documents needed to establish U.S. citizenship.

UNHCR cites three major causes of statelessness: discrimination, gaps in nationality laws, and lack of birth registrations. Would the political leaders who oppose birthright citizenship support the establishment and funding of a federal system of birth registration that provided citizenship documents to all U.S. citizen children?

Opponents of birthright citizenship may have their eyes set on the children of unauthorized migrants, but the impact would be equally acute on the children of U.S. citizens who do not have the wherewithal to maneuver the bureaucracy to acquire citizenship documents.

Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. For more than 25 years, she was a domestic policy specialist at the U.S. Library of Congress’ Congressional Research Service. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration. She is writing a book about the legislative drive to end race- and nationality-based immigration.

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

Although this article originally was published in The Hill in July 2018, Ruth recently reminded me of its continuing relevance and timeliness.

The beauty of the 14th Amendment is that although Congress has been dilatory in  resolving the status of millions of undocumented Americans who are significant contributors to our society and economy, because of the 14th Amendment, the issue is slowly  but surely “self-resolving.”

As the “older generation” of undocumented Americans passes on, the overwhelming number of their offspring are full US citizens and are able to fully integrate into our society and have the advantages of belonging and full political rights that were denied to their parents. Rather than building generations of disenfranchised, underutilized, and likely disgruntled residents in our midst, the American citizenry automatically renews itself.

And, I’m sure that this new generation of Americans will give some careful thought to the hateful, wrong, and outright racist rhetoric being promoted by Trump, Sen. Lindsay Graham, and other GOP White Nationalists. That’s why real national leadership would be wise to unite, rather than divide America and to promote a humane and inclusive solution to the issue of undocumented immigration.

The totally bogus and disingenuous argument being pushed by Trump and the racist right is that children of undocumented individuals aren’t “subject to the jurisdiction” of the US. That is of course, total BS — doesn’t even pass the “straight face” test!” If it were true, no undocumented individual could be removed from the US because they would not be “subject to the jurisdiction” of our courts and legal system. Nor could they be punished for crimes or required to comply with our traffic laws, etc., because they would not be “subject to our jurisdiction.” What would happen to Ol’ Gonzo’s “zero tolerance” policy then. Indeed, our whole system for regulating, admitting, excluding, and removing foreign nationals is based on the reality that regardless of their status, they are subject to our laws and legal system.

In other words, we have “jurisdiction” over them, unlike foreign diplomats and heads of state who, to a large extent, are “diplomatically immune” from many of our laws and regulations. That’s actually the very limited category to whom Congress intended the term “subject to the jurisdiction” to apply.

PWS

10-31-18

 

 

SCOFFLAW KAKSITOCRACY: Trump Politicos Were Advised That “Zero Tolerance” & Family Separation Likely Illegal & Unconstitutional – They Went Ahead Anyway!

https://www.washingtonpost.com/news/posteverything/wp/2018/10/25/feature/civil-servants-said-separating-families-was-illegal-the-administration-ignored-us/

Scott Shuchart writes in the Washington Post:

The meeting was way overdue, and it wasn’t going well.

It was May 21. The Department of Homeland Security, where I worked as a senior adviser in the Office for Civil Rights and Civil Liberties, had been making a show of prosecuting undocumented immigrant parents for weeks, cleaving them from their children without paying much attention to where the family members went or setting up any procedure for tracking and reuniting them later.

My office had played a central role, for years, in Homeland Security’s treatment of families and children. But when a cadre of Trump administration political appointees put the family separation plan into motion, neither they nor the career staff in the immigration enforcement agencies under DHS consulted with the civil servants in my office. When media reports throughout April and May led us to understand what was going on, we had urgent questions: What exactly was the policy? What had DHS’s front-line agents in Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) been told to do? How had the department assessed the risk that litigation would interfere with the policy? How was this justified in light of our treaty obligations toward refugees? And why was the department pushing out transparently misleading — or simply false — statistics to justify these steps? We were obliged, under the law that created our office, to register our objections that the administration was knowingly violating people’s rights.

But the top political appointee at the May meeting — John Mitnick, the experienced, Senate-confirmed general counsel — and his deputy seemed confused that the civil rights office would see any cause for concern. The administration was claiming in public that a policy of prosecuting all border crossers didn’t target families as such, so it could not present any legal issues. And if there were any issues, they hadn’t been raised ahead of time.

That was false. The next day, I called around to colleagues who confirmed that there had been multiple interagency phone calls and documents, involving the State and Justice departments as well as DHS, making clear that lawyers throughout the government worried that deliberately separating families could violate migrants’ rights under humanitarian treaties or U.S. law. But the political appointees simply didn’t listen. And a few weeks later, I came across an April 24 memo — signed by the very officials I had met with a month later — acknowledging, but dismissing, the legal risks. Even worse, it encouraged indicting immigrants specifically because doing so would justify separating families, arguing that the government’s “legal position” on “separating adults and children through the immigration process . . . is likely strongest [when] separation occurs in connection with a referral of an adult family member for criminal prosecution.”

Mitnick, through a DHS spokeswoman contacted by The Washington Post, declined to comment for this story. That spokeswoman, Katie Waldman, said: “The Department of Homeland Security does not disclose or comment on privileged legal advice provided by our attorneys to the Secretary or other officials, and therefore, unfortunately, we are not in a position to refute false narratives put forward by a former employee. We note, however, that in order to address the crisis at the border, the Trump Administration made a decision to enforce long-standing U.S. law and refer for prosecution under 8 U.S.C. § 1325(a) adults who crossed into the United States illegally. As we have repeatedly stated, the policy was to enforce the law, not to separate families.”

She also sent a statement from Cameron Quinn, the Trump appointee who runs the office I worked in: “I participated in the meeting in question. It was a brief, general discussion, and Mr. Mitnick made it clear that he desired to work collegially with our office.”

By law, our job in that office was to ensure that “the civil rights and civil liberties of persons are not diminished” by DHS’s programs. When it became clear that the department would be tearing families apart and — thanks to incompetence, dishonesty and sheer disinterest — had no reasonable plan to put them back together, I realized I could not do that. A few weeks after that meeting, I quit my job and left public service, carrying a profound sense of failure.

Children and parents from Central America, part of a caravan trying to reach the United States, wait to apply for asylum in Mexico at a checkpoint in Ciudad Hidalgo on Oct. 20. (Ueslei Marcelino/Reuters)

The government formally announced the family separation policy in April. The point was clear, as several officials later admitted: By threatening to separate their children, the administration hoped to deter Central American asylum seekers from coming here in search of humanitarian protection. Then-Homeland Security Secretary John Kelly had suggested the practice during a CNN interview in March 2017, and it had been gaining support in the White House since then.

Many senior civil servants at DHS believed that the policy violated the civil and human rights of migrants. (Many of them, like me, were trained and licensed attorneys, though our role was to give policy advice, not legal advice.) Crossing the border to surrender immediately to authorities and claim asylum is protected by the United Nations refu­gee protocol signed by the United States. Even for families outside that protection, the substantive due process principle in the Constitution suggests that it is illegitimate to threaten to harm or abscond with someone’s children to deter the commission of a misdemeanor. (First-time unlawful entry is the lowest level of federal crime.)

During past surges in border crossings, such as in 2005, 2006 and 2007 under George W. Bush and 2014 under Barack Obama, the civil rights office was central to planning humane and effective protections for migrants as they were arrested, detained, screened and, if they passed initial “credible fear” screenings, placed into immigration court proceedings. But Trump appointees such as White House adviser Stephen Miller, Attorney General Jeff Sessions, DHS Secretary Kirstjen Nielsen, CBP Commissioner Kevin McAleenan and U.S. Citizenship and Immigration Services (USCIS) Director L. Francis Cissna — along with many deputies, assistants and enablers inside ICE and CBP who dreamed up the “zero tolerance” policy — didn’t consult career experts like me: not when it was being considered last year, not when it was unveiled and not for the critical weeks afterward, even as we begged to share our legal and policy analyses.

My job was to ensure that the government did not violate clearly established individual rights, and the Trump administration was pushing a policy whose principal aim was to do just that. My colleagues and I identified a number of constitutional provisions and related case law holding that parents had rights to due process that could limit the ability of the government to separate them from their children for civil immigration violations. That meant that once parents served their typically short criminal sentences for crossing the border illegally, they should have been reunited with their children. Our research also suggested that threatening to detain children separately, and threatening civil detention generally to deter future conduct, was probably unconstitutional.

In our capacity as a gateway for public complaints about DHS, my office was analyzing hundreds of incidents of family separation, including dozens sent over by career staff at the Department of Health and Human Services, which was taking custody of children who had been separated from their parents. We noticed early that CBP and ICE weren’t providing HHS with proper records to allow families to be reunited or pursue their immigration cases jointly. We recommended that officials tell parents promptly and clearly where their children were going, how they could be reached and how family members could get them out of government custody while the parents were detained. Perhaps most urgently, we tried to ensure that children with serious disabilities were not thrown into a system unprepared to care for them. As allegations emerged of chaotic separations and deliberate lies — parents being told that their children were headed to a shower when they were instead placed in another agency’s custody — we started drafting guidelines and training for the Border Patrol agents on the ground. Above all, we tried to ring the alarm that the legal, strategic and human dimensions of the policy hadn’t been thought through, needed fast improvement and posed a massive liability for the government.

My colleagues and I learned while reviewing internal DHS documents through April and May that CBP had, the previous fall, undertaken a pilot project of prosecuting parents with small children who crossed the border illegally near El Paso, leading to a wave of separated families. But when we asked the acting second-ranking CBP official about it, he denied having any information.

That was also false. The formal memo to Nielsen from CBP, ICE and USCIS recommending the family separation policy had justified it on the basis of this same El Paso project, including misleading statistics that had already been debunked by Vox when DHS tried to pass them off to reporters.

Every attempt to raise civil rights concerns led nowhere: a lengthy staff memo to my boss, the top civil rights official; efforts to explain in meetings the toll on our staff from investigating complaints of children and parents who had been separated, without any communication to get back together; multiple efforts to schedule, and reschedule, a briefing that James McCament, the head of the DHS Office of Policy, had promised near the start of the crisis but never convened. Civil servants advanced recommendations for mitigating the worst of the harm; we suggested improving record-keeping, giving separated parents and children better information, and permitting more regular phone calls among families.

After hundreds of complaints filed by migrant children, parents and advocates on their behalf, my office finally managed to arrange a meeting in June with CBP managers to understand how they were separating families and to present ideas about how to do it in a more humane way, if they insisted on doing it. My notes from the meeting record my boiling frustration with the absurd answers we received. Border Patrol agents dismissed our offer to train them on how to speak to children after ripping them from their families. “No,” we were told, “many of our agents are parents themselves. They are very empathetic to the child’s needs and will know what to do.” Had officials in Washington directed agents to record family members’ names and information, so they could later be reunited? “I think we sent an email.” Can we see the email so we know what agents were directed to do? “Um, I’d have to find it.” (The official never did.) Is there a written policy on how to determine whether children have suffered trauma or have some other condition that would mean separating them from their parents would do too much harm? “No, we have no need for written policy. It’s simply ingrained in law enforcement culture.”

The culture ingrained at CBP, though, is one where the Border Patrol’s union opened its podcast (“The Green Line”) with the oath of the Night’s Watch from “Game of Thrones” — the pledge of a band of warrior monks to protect a magical kingdom from an army of ice zombies. If federal law enforcement agents see Central American children as the moral equivalent of the frozen undead, we can’t expect them to understand intuitively how to detain and process them humanely without training, guidance and leadership. That’s why my colleagues and I were pushing for record-keeping, communication and other policies that Trump appointees ignored. (Representatives of the Border Patrol union did not immediately return requests for comment from The Post.)

A U.S. Border Patrol agent acknowledges a family that had illegally crossed the Rio Grande from Mexico in Fronton, Tex., on Oct. 18. (Adrees Latif/Reuters)

It would be easy to see all this as part of the federal sausage-making, the usual intentional delays and risk-managing memos that bureaucrats deploy. But this level of dishonesty and subterfuge was unusual. This month, the DHS inspector general released a report making clear that the incompetence in managing family separation was pervasive, from a lack of planning, to “information provided to alien parents [that] resulted in some parents not understanding that their children would be separated from them,” to false public claims of having a “central database” of parents and children.

The Department of Homeland Security is filled with excellent, dedicated public servants. But it also has enormous authority and the power to enforce thousands of laws well or badly. Its leaders have a responsibility to give their people orders that they can competently and ethically execute, and the tools and guidance to do so. The family separation crisis represented a new frontier in weaponizing DHS’s authority, and its borderline competence, to disastrous effect. Front-line officers weren’t given enough guidance, and their managers in the field didn’t do enough to help them figure it out. Only the administration’s naivete in failing to predict the bipartisan public outrage kept it from being worse.

But most culpable were the high-level appointees, unwilling to take ownership of what they’d decided to do; lying to their staffs in the expectation that nobody really cared what happened to poor Central American kids; cynical about the notion that most of us who swear an oath to uphold the Constitution actually mean it. I cast about for more to do, but within a month of that June meeting, I realized there was no way to keep my oath and my job.

I quit.

Outlook • Perspective

Scott Shuchart was a senior adviser at the Department of Homeland Security’s Office for Civil Rights and Civil Liberties from 2010 to 2018. He is a non-resident senior fellow at the Center for American Progress. Follow @scottshuchart

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Seems like these are precisely the type of knowingly lawless, extra-legal actions that personal liability under the “Bivens doctrine” is supposed to discourage and prevent. It remains to be seen whether the Federal Courts, particularly the Supremes, will have the backbone to hold scofflaw Government officials like Sessions, Nielsen, Miller, & co. personally accountable for their intentional perversions of the rule of law. Recently, the Supremes have indicated that a majority would like to narrowly limit or even abolish Bivens liability.  Just when the country needs it most to rein in an out of control Administration!
PWS
10-29-18