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

02-05-18 – Gibson Report

HEADLNES:

“TOP UPDATES

Changes to Asylum Interview Scheduling

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

USCIS will follow these priorities when scheduling affirmative asylum interviews:

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

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

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

 

ICE is about to start tracking license plates across the US

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

 

Extension of Syrian TPS

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

 

ICE Releases Directive on Civil Immigration Enforcement Actions Inside Courthouses

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

 

Immigration Legislation Attempts

 

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

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

 

LITIGATION/CASELAW

 

Judge Orders Immediate Release of an Immigrant Rights Activist

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

 

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

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

 

BIA Orders Respondent Detained without Bond Due to DUIs

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

 

BIA Holds Leaving Scene of Accident Not a CIMT

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

CA9 Holds That California Carjacking Is Not a Crime of Violence

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

 

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

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

 

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

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

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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

PWS

02-05-18

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

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

Yellen writes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

02-05-18

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

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

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

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

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

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

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

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

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

PWS

02-05-18

 

 

 

 

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

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

Bonilla writes in the Washington Post:

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

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

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

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

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

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

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

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

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

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

ADVERTISEMENT

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

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

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

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

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

PWS

02-04-18

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

Eagan writes:

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

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

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

PWS

02-03-18

 

 

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

Matthew Nussbaum reports:

POLITICO

The Nunes memo and Putin’s long game

imageMatthew Nussbaum

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

READ ON POLITICO.COM

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

THE SPLC ANALYZES TRUMP’S CONTORTED AND CONTRIVED MESSAGE OF HATE, INTOLERANCE, & DIVISION!

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FIGHTING HATE // TEACHING TOLERANCE // SEEKING JUSTICE

FEBRUARY 3, 2018

“In his State of the Union address this week, President Trump congratulated his administration for having “taken historic actions to protect religious liberty.”

It certainly was historic in October when Trump became the first sitting president to give the keynote address at an annual summit hosted by an anti-LGBT hate group, the Family Research Council.

And it was historic when his attorney general, Jeff Sessions, issued religious freedom guidance eroding protections for LGBT people after he consulted with another anti-LGBT hate group, the Alliance Defending Freedom.

But it was an anti-immigrant hate group, the Center for Immigration Studies (CIS), whose talking points laced the State of the Union address this week.

CIS presents itself as an independent think tank, but it began as a project of the anti-immigrant hate group Federation for American Immigration Reform and was founded by white nationalist John Tanton.

CIS frequently manipulates its findings to achieve results that further its anti-immigrant agenda. Last fall, for instance, CIS staffer Jessica Vaughn published a report exaggerating how many people would enter America via a process that CIS calls “chain migration” — the hate group’s preferred phrase to stigmatize the idea of immigrant families reuniting.

The phrase “chain migration” appeared twice in this week’s State of the Union, alongside dangerous and hateful misinformation about immigrants taken directly from CIS talking points.

Given the State of the Union’s author, that should be no surprise.

Senior adviser Stephen Miller, who took the lead writing the speech, served for years as an aide to Jeff Sessions, who has himself endorsed CIS’ work, spoken on a CIS panel, and taken whispered counsel from a former CIS staffer during immigration debates on the Senate floor.

When Sessions hired Miller fresh from Duke University, he did so at the recommendation of anti-Muslim extremist David Horowitz. Now in the White House, Miller has been claimed and praised by extremists for advocating policy on hate group wish lists and pushing anti-immigrant narratives like the one we heard in the State of the Union.

“For decades, open borders have allowed drugs and gangs to pour into our most vulnerable communities. They have allowed millions of low-wage workers to compete for jobs and wages against the poorest Americans,” Trump said Tuesday, reading Miller’s text off a teleprompter.

But studies consistently show that immigrants help — not hurt — the U.S. economy.

“Most tragically, they have caused the loss of many innocent lives,” Trump said Tuesday — despite study after study finding immigrants commit crime at rates lowerthan native-born Americans, not higher.

Hate groups should not have a seat at the table on matters of national policy or influence what talking points to highlight in the State of the Union.

But thanks to Stephen Miller, they have exactly that.

The Editors

P.S. Here are some other pieces we think are valuable this week:

What kids are really learning about slavery by Melinda Anderson for The Atlantic

How the far right has perfected the art of deniable racism by Gary Younge for The Guardian

Indian slavery once thrived in New Mexico. Latinos are finding family ties to it by Simon Romero for The New York Times

The terrifying rise of alt-right fight clubs by Bryan Schatz for Mother Jones

View this email in your browser.”

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Yup. Sadly, Trump and his cohorts Sessions & Miller are out to divide, not unify America (except in the sense that they are unifying all decent Americans against their White Nationalist, racist agenda). For years, the GOP right-wing has “talked around” the racism and White Nationalism inherent in many of their programs and actions, using euphemisms like “reform,” “streamlining,” “right to work,” “combatting voter fraud,” etc. And, while occasionally it earns them a mild “tisk, tisk” from so-called “moderate” or “mainstream” Republicans, for the most part the spineless leadership of the GOP has given racism, White Nationalism, and xenophobia a “free Pass.”

Just look at the “hero of the GOP moderates,” Mitt Romney. “The Mittster” appears poised to reenter politics as the Junior Senator from Utah, replacing the retiring Orrin Hatch.

While carefully steering a moderate line on immigration during his governorship of “Blue State” Massachusetts, once nominated for the Presidency, Romney hired the notorious racist/White Nationalist/vote suppressor Kris Kobach as his “Immigration Advisor.” He then proceeded to largely adopt the White Nationalist line in immigration, including the famous Kobach initiative that sought to make life so miserable for hardworking, law-abiding undocumented residents (known in White Nationalist lingo as “illegals”) that they would “self-deport.”

Who is the real Mitt Romney? Nobody knows. But, my guess is that he’ll stand with the White Nationalists on immigration.

Although he has been sharply critical of Trump at times, it’s likely that when push comes to shove, he’ll line up behind the Trump-far right agenda just like other so-called “critics” such as Sen. “Bobby the Cork” Corker, Sen. Jeff Flake, Sen. John McCain, Sen. Susan Collins, and Sen. Lisa Murkowski when it came to “sticking it to America” with the GOP Tax ripoff. After all, remember how quick Mitt was to “pretzel himself up” and grovel before Trump on the off-chance that he would be allowed to serve the Great Con-Master as Secretary of State!

PWS

02-03-18

 

 

 

 

 

 

 

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

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

Jill Abramson reports for The Guardian:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Jill Abramson is a Guardian columnist”

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

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

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

PWS

02-03-18

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

ANDY BOROWITZ FROM THE NEW YORKER:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

02-03-18

 

 

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

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

Paarlberg writes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

02-02-18

TAL @ CNN ASKS WHAT EVERYONE WANTS TO KNOW: “DACA talks: Are two pillars better than one?”

http://www.cnn.com/2018/02/02/politics/daca-deal-talks-pillars-border/index.html

 

“DACA talks: Are two pillars better than one?

By: Tal Kopan, CNN

How many pillars does it take to make an immigration deal stand? Right now, Washington can’t agree.

As lawmakers rush to come up with a solution for the Deferred Action for Childhood Arrivals policy, there’s disagreement just on the scope of the deal — even weeks after President Donald Trump gathered lawmakers to discuss his “four pillars.”

Trump reiterated his desire Thursday for Congress to pass what he has proposed: a pathway to citizenship for DACA recipients and more eligible young undocumented immigrants; border security including some enhanced immigration enforcement authorities; heavily cutting family-based migration; and ending the diversity visa lottery.

“I know that the Senate is planning to bring an immigration bill to the floor in the coming weeks, and I am asking that the framework we submitted … that something really positive will come out of it,” Trump told the Republican congressional retreat Thursday, reiterating his “four pillars” plan.

But his proposal has been dismissed as dead on arrival by Democrats, whose votes will be necessary to pass it, and some Republicans and Democrats alike are pushing for a “two pillar” deal, instead.

“My own view is, and I’m only speaking for myself here, I think that if we can solve DACA and border security, that may be the best we can hope for,” Senate No. 3 Republican John Thune of South Dakota said Wednesday, breaking with others in his party.

The argument for narrowing the deal is focused on what can actually pass. Senators working to craft a bipartisan compromise are aiming for something that can get even more votes than the 60 required to advance legislation, which in the 51-49 GOP-controlled Senate will require a good number of Democrats.

In the House, moderate and conservative Republicans have been far apart on immigration, and many hardliners on the right have rejected the White House proposal as too liberal, meaning a compromise in that chamber will also likely require Democratic votes.

But Democrats have found a number of poison pills in Trump’s pillars, including the cuts to family-based migration and ending the diversity lottery without another way to ensure immigrants are admitted from countries otherwise underrepresented in migration to the US. Not only do they oppose the massive cuts to legal immigration and hardship for families such a plan would entail, they say, some suspect the President has ulterior motives, especially after his “shithole countries” comments.

“If Republicans believe that we’re ready to destroy family-based visa system, which we believe is the bedrock of our democracy, (they’re wrong),” Illinois’ Rep. Luis Gutierrez said this week. “We put this in the context of racist remarks from the President. There’s nobody in line from Norway, Mr. President. There’s lot of people from countries you don’t like, and we think that is what is behind this.”

‘Gang of Six’ was tough sell among Democrats

A previously unreported standoff with the Congressional Hispanic Caucus reveals the tensions even among Democrats on the issue — where the so-called “Gang of Six” bill that Republicans rejected as too far to the left was too far to the right at first for Hispanic Democrats.

 

According to two sources familiar, the day after the President rejected the Gang of Six compromise and made his “shithole countries” comments, Gang of Six member Sen. Bob Menendez, D-New Jersey, held an emergency phone briefing for CHC members. One source described participants of the call as “furious.” Another source characterized the tone as “concerned.”

The Gang of Six offer included nearly $3 billion for Trump’s wall and border technology, ended the diversity lottery but used those visas with a higher bar for underrepresented countries and recipients of temporary protected status, and addressed “chain migration,” or family migration, by blocking parents of DACA recipients who came here illegally from ever being citizens. But the bill did offer those parents indefinitely renewable legal status to work in the US.

After the contentious call, Menendez and the group worked over the weekend to get CHC members more on board with the compromise and he personally met with House CHC members to answer their questions, which brought them around enough to the Gang of Six bill. After that was rejected, they are less likely to accept further concessions.

CHC members have pushed for a bill from caucus Whip Pete Aguilar, a California Democrat, and Republican Rep. Will Hurd of Texas that is just border security and a DACA fix.

2-pillar deal splits Republicans

Members of a bipartisan group of roughly 20 senators who have been meeting since the shutdown have also been arguing for a two-pillar solution, as Thune articulated.

“We all need to understand that there are two things that are critical: dealing with (DACA recipients), because we’re up against the March deadline, and dealing with border security,” said North Dakota’s Democrat Sen. Heidi Heitkamp, leaving one meeting of the group.

“If we can’t get a deal that includes (the four pillars) we may have to pare it down to two pillars and just do border and DACA as plan B,” Florida’s GOP Sen. Marco Rubio said this week.

But other Republicans, including Senate Majority Whip John Cornyn of Texas, have repeatedly rejected calls to narrow the deal.

“Everybody wants to alter reality in a way that suits their needs, but the reality is the President said there has to be four pillars, and I think people just need to accept that and deal with it,” Cornyn told reporters recently.

Republicans including Oklahoma’s Sen. James Lankford, South Carolina’s Sen. Lindsey Graham and South Dakota’s Sen. Mike Rounds have all noted that the family-based migration issue must be part of a deal because once recipients are citizens, they will have the same ability as any American to sponsor family members.

“Those four pillars are really interconnected — especially the chain migration issue,” Lankford said.

“The day you give a pathway to citizenship, you’ve got a chain migration problem … so you’ve got to deal with that and I’ve got some ideas to do it,” said Graham, who helped author the Gang of Six bill. “The issue is chain migration … but if we can solve that, I think we can get this done.”

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The money will run out again next week! Stay Tuned!

PWS

02-02-18

 

THINK THE TRUMP GOP TAX GIVEAWAY TO THE FAT CATS WAS OUTRAGEOUS? – WAIT TILL YOU GET A LOAD OF TRUMP’S LATEST SCAMS!

https://www.vanityfair.com/news/2018/01/trumps-infrastructure-plan-should-scare-the-crap-out-of-you

Bess Levin at Vanity Fair with the “Levin Report:”

“WHY TRUMP’S INFRASTRUCTURE PLAN SHOULD SCARE THE CRAP OUT OF YOU

The president wants to apply his hotel-licensing model to a $1.5 trillion government initiative.

If you only paid attention to the words that tumbled out of his mouth, you might believe that Donald Trump was a successful real-estate developer, just like you might also think he’s a “stable genius” with a “winning temperament” who had a shot with Princess Diana. In reality, none of these things are true. In the wake of multiple bankruptcies, the Trump Organization shifted from developing properties on its own to licensing its founder’s name to others for multi-million-dollar fees, in what Forbes once called a “low-effort, low-risk, high-reward cash flow proposition.” With no capital on the line, Trump was free to sit back with a taco bowl, take a cut of the profit, and deal with none of the consequences if and when a project ran into trouble. And now, he wants to apply the same model to a $1.5 trillion infrastructure deal.

In his State of the Union speech last night, Trump said that he was “calling on Congress to produce a bill that generates at least $1.5 trillion for the new infrastructure investment we need,” noting that “every federal dollar should be leveraged by partnering with State and local governments and, where appropriate, tapping into private sector investment—to permanently fix the infrastructure deficit.” Previously, the administration had said it would put in $200 billion and would expect the private sector, along with state and local governments, to pony up $800 billion for a nice, round $1 trillion plan. Now they’re apparently going to have to dig a little deeper, for no other apparent reason than because Trump thinks $1.5 trillion sounds better. That might seem like a great deal for the federal government, except for the fact that by allocating a mere $200 billion—when you take the White House’s proposed infrastructure cuts into account, it comes out as even less—they’ll have to prioritize corporate profits over the actual needs of the public.

In order to get a return on their investment, which is—understandably!—the only reason private companies will want to get involved here, the government will naturally offer them lucrative tax breaks. But, as The Washington Post points out, unlike typical public-private partnerships wherein the government is the ultimate owner of the road or bridge constructed by a private company, it’ll all be under private ownership.

“PriveCo Equity Partners [get] a gigantic tax incentive to build the bridge, which the company now owns—and which will charge tolls on [it] in perpetuity. Taxpayers could shell out nearly as much in tax incentives to the private company as we would have spent to just build the bridge, and then on top of that you’ll have to pay tolls to cross it—forever. As long as the bridge stands, people are paying extra so PriveCo Equity Partners can make a profit.”

And because Trump & Co. will pay for no more than 20 percent of any given project, states and localities that don’t have the extra funds will most likely be shit out of luck. As the Post’s Paul Waldman notes, “the focus on private investment . . . will naturally privilege projects that can generate a profit for private companies, which probably won’t be the most sorely needed upgrades.” According to a new report released this week by the left-leaning Democracy Forward, under the rubric for judging grant applicants, a whopping 70 percent of a project’s score “would be based on the availability of non-federal revenue,” whereas the “economic and social returns” it could generate make up 5 percent. Sorry, Flint, Michigan! You don’t really need new pipes, right?

Of course, this was all by design. Less scary than the fact that Trump’s friends might financially benefit from the plan is the promise (threat?) he made last night that “any bill must . . . streamline the permitting and approval process,” by which he means gut environmental protections and put public health at risk. On the bright side, no one actually believes that President Hard Hat’s plan will come to fruition, at least not in its current form. “Not to be morbid, but an infrastructure catastrophe could move the needle . . . and spur congressional action,” political strategist Chris Kruegertold Business Insider. “Barring some kind of morbid catalyst, [the plan’s passage] seems extremely unlikely.”

Since the day the Consumer Financial Protection Bureau was formed, Republicans have been raving about how it’s an unconstitutional menace that must be stopped. Unfortunately for people like Representative Jeb Hensarling, who thinks the bureau is a “dictator,” a court has more or less declared that this argument is bullshit:

The structure of the Consumer Financial Protection Bureau is constitutional, an appeals court ruled Wednesday in a blow to President Donald Trump’s efforts to ease regulations on the financial system.

The U.S. Court of Appeals for the District of Columbia Circuit made the ruling in a battle over whether the president could remove the director at will. The court in October had upheld a challenge to the structure but agreed to rehear the case.

Republicans had challenged the C.F.P.B. structure on grounds that the director’s position was unaccountable to the executive branch.

On the bright side, now that the C.F.P.B.’s acting director is a guy who thinks the place shouldn’t exist, he can simply chip away at it from the inside. It’ll require a little more effort and creativity, but if anybody is up to the challenge, it’s MickThe C.F.P.B. is a sick, sad jokeMulvaney.

You get a Twinkie! And you get a Twinkie!

Hostess Brands is using its tax bill savings to reward employees with snacks:

The company, which makes Twinkies, Ding Dongs and Ho Hos, is providing its employees one-time payments of $1,250—with $750 in cash and $500 in the form of a 401(k) contribution. In taking the step, Hostess cited last month’s tax legislation, which slashed the rate for U.S. corporations.

It’s also offering a year’s worth of free food to workers—though they won’t be able to eat all the Ding Dongs they like. A representative from each of Hostess’s bakeries will choose a product each week, and the employees will be able to take home a multipack of that item. The company also makes Hostess CupCakes, Fruit Pies, and Donettes.”

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Gotta love it!

Billions for the fat cats, “Twinkies” for the workers. And, while working his infrastructure scam, Trump and his GOP kleptocrats will be trashing our environment and destroying our health care. I suppose they all will eventually move to a (“Whites Only” — Sorry Ben & Tim) “tax haven” somewhere offshore leaving the rest of us sick and dying in a looted country with an “infrastructure” that nobody needs any more!

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Meanwhile, over at Bloomberg News, reporter Ben Penn exposes a Trump Administration scheme to allow management to steal billions of dollars from waitresses and waiters! That’s right, folks, Trump’s GOP kleptocrats are busy scheming to transfer wealth from the lowest rungs on the economic ladder to the well-to-do! When the Labor Department’s own internal analysis exposed this “ripoff in the making,” the Trumpsters did what any good kleptocrat would do — tried to hide the results from the public (so much for the Trump White House claim of “transparency” in the release of “Vladi’s Agent Devon’s” memo).

“Labor Dept. Ditches Data Showing Bosses Could Skim Waiters’ Tips

Posted Feb. 1, 2018, 6:01 AM

Labor Department leadership scrubbed an unfavorable internal analysis from a new tip pooling proposal, shielding the public from estimates that showed employees could lose out on billions of dollars in gratuities, four current and former DOL sources tell Bloomberg Law.

The agency shelved the economic analysis, compiled by DOL staff, from a December proposal to scrap an Obama administration rule. The proposal would permit tip pooling arrangements that involve restaurant servers and other workers who make tips and back-of-the-house workers who don’t. It sparked outrage from worker advocates who said the move would permit management to essentially skim gratuities by participating in the pools themselves.

Senior department political officials—faced with a government analysis showing that workers could lose billions of dollars in tips as a result of the proposal—ordered staff to revise the data methodology to lessen the expected impact, several of the sources said. Although later calculations showed progressively reduced tip losses, Labor Secretary Alexander Acosta and his team are said to have still been uncomfortable with including the data in the proposal. The officials disagreed with assumptions in the analysis that employers would retain their employees’ gratuities, rather than redistribute the money to other hourly workers. They wound up receiving approval from the White House to publish a proposal Dec. 5 that removed the economic transfer data altogether, the sources said.

The move to drop the analysis means workers, businesses, advocacy groups, and others who want to weigh in on the tip pool proposal will have to do so without seeing the government’s estimate first. The public notice-and-comment period for the proposal is set to end Feb. 5.

The new revelation lends credence to concerns from Democrats and labor organizers that the proposed rule will short change workers. It also raises questions about how much the DOL intends to take public feedback into account in shaping a final version of the rule.

The current and former DOL sources, hailing from both political parties, were all independently briefed by people involved in the rulemaking. They spoke on the condition of anonymity to prevent retaliation against themselves and others.

The Labor Department “works to provide the public accurate analysis based on informed assumptions” a DOL spokesman told Bloomberg Law in an email. The spokesman noted that the department asked the public to comment with suggestions about how to quantify the rule’s impact as part of the proposal. “As previously stated, after receiving public comment, the Department intends to publish an informed cost benefit analysis as part of any final rule.”

The DOL did not address Bloomberg Law’s inquiry as to why the agency did not include the completed transfer analysis in the proposed rule.

The department has previously defended criticism of the proposal by saying the move would lead to higher pay for some low-wage workers who don’t traditionally earn tips, such as dishwashers. The DOL has also argued that managers would be dissuaded from stealing tips, out of fear of employee turnover and decreased morale. The department further noted that it included in the proposal a qualitative analysis, which doesn’t include dollar figures.

OMB Involvement Unclear

Former career and political officials at the DOL and the White House Office of Management and Budget, joined by business and employee-side regulatory attorneys, all told Bloomberg Law that scrapping a completed analysis from a significant proposal would mark a troubling departure from the government’s mission. Agencies and OMB are expected to ensure that all available data are brought to bear during notice-and-comment rulemaking, the sources said.

White House Office of Management and Budget’s regulatory review staff was familiar with the data, before the proposed rule was released, sources said. It’s not clear whether OMB Director Mick Mulvaney approved the deletion of the numbers or whether Neomi Rao, who runs OMB’s Office of Information and Regulatory Affairs, was involved in the decision.

“We do not comment on the interagency review process,” an OMB senior official told Bloomberg Law in an email responding to a series of questions directed at OIRA.

Representatives for the White House and Mulvaney did not respond to requests for comment.

“I have to wonder about the internal pressure brought to bear on OIRA in this case, because historically OIRA’s position has been that analysis is a good thing,” Stuart Shapiro, a career policy analyst at OIRA in the Clinton and Bush presidencies,” told Bloomberg Law. “It helps us make better decisions, it helps us increase the transparency of the regulatory effort.” Shapiro, who reviewed labor regulations in his tenure at the office, is now a Rutgers University professor researching the regulatory process.

Bloomberg Law has filed a Freedom of Information Act request for the transfer report, which is being processed by the DOL’s Wage and Hour Division.

Transparency in Question

The proposal rescinds a 2011 rule that asserted tips are the property of workers who earn them. That revision of the Fair Labor Standards Act covered scenarios in which restaurants and other employers supplemented tipped workers’ earnings by paying at least the full minimum wage.

Since the rule’s release in December, worker advocacy groups and Obama administration officials have vehemently opposed it. They point to language that permits companies to keep gratuities for themselves, provided they pay workers at least the federal minimum wage of $7.25 per hour and don’t apply a tip credit that allows them to pay as little as $2.13 per hour, depending on the state.

The left-leaning think tank Economic Policy Institute attempted to fill the data void by producing an analysis of its own. EPI predicts the proposed rule on tips would lead to $5.8 billion changing hands from workers to businesses, rather than being redistributed among employees as the DOL leadership suggested.

Some worker advocacy attorneys say the absence of the data might violate administrative law.

The existence of economic data has not been previously reported. It comes as President Donald Trump’s labor secretary and OIRA administrator have said they are committed to good government and transparent notice-and-comment rulemaking as they implement the White House demands to cut unnecessary regulations issued during the Obama administration.

Some attorneys have theorized that the Trump administration fast-tracked this rescission to moot the restaurant industry’s request that the U.S. Supreme Court grant review and invalidate the Obama tipping rule.

Acosta Optics

News of the scrapped analysis comes as Acosta has tried to avoid being cast as putting business interests above employees in various legal and regulatory moves.

David Weil, Wage and Hour Division administrator under President Barack Obama, called the new tip rule a boon for the restaurant industry,

“I think it is simply a statement of fact that Secretary Acosta and the people in the political side of the Labor Department who pushed that rule, which was a wonderful Christmas present to the National Restaurant Association, didn’t want the public to understand what kind of transfer we’re talking about,” Weil told Bloomberg Law in December, before the news of an existing analysis publicly surfaced.

Democrats have also placed their thumb on the scale when it comes to regulatory analyses, Leon Sequeira, who ran the DOL policy office in the George W. Bush administration, said.

“Economic analysis is a political football in every administration,” Sequeira told Bloomberg Law. He said the Obama administration DOL provided inadequate cost-benefit analyses that understated the compliance costs on businesses. “If the agency feels that it doesn’t have sufficient information to perform as robust an analysis as some may like, then that’s the precise purpose of the proposed rulemaking—to say to all of these critics, if you’ve got a better idea or different analysis or additional information, by all means send it in.”

“It’s at the final stage, when the agency makes its final decision, that folks need to be concerned about evaluating the rulemaking,” said Sequeira, now a management-side employment attorney in Washington.

The More Data the Better

The DOL insisted in the rule proposal that uncertain employer responses make it difficult to produce reliable estimates of managers participating in tip pools and how customers might change their tipping habits. Former agency officials said, however, that the regulation breaks from protocol because it is still the department’s duty to release a best attempt at the data in the proposed rule.

“To punt on that and say we’ll let the public come up with the economic analysis, that’s really not how the process is intended to work,” Michael Hancock, a former assistant administrator at the WHD, told Bloomberg Law. “The agency has an obligation to provide its best judgment on what the likely impact is economically, and that will give the public an opportunity to comment on that.”

The DOL proposal explained that an analysis of potential benefits and transfers is too speculative at this stage. “The Department is unable to quantify how customers will respond to proposed regulatory changes, which in turn would affect total tipped income and employer behavior,” the agency stated.

One trade association executive, who had no prior knowledge of a shelved analysis, told Bloomberg Law that when it comes to rulemaking, the more information the better. “I would just be troubled if the agency had done economic work that’s directly relevant to rulemaking, and for any reason chose not to include that, because the public has a right to know everything about the rule,” said the source, who spoke on condition of anonymity to address an issue that doesn’t affect the trade association’s members.

The National Restaurant Association, by far the trade group most invested in the rulemaking, has been a massive supporter of the effort. An economic analysis isn’t relevant to this discussion because the 2011 version of the rule didn’t include that type of analysis either, Angelo Amador, the NRA’s senior vice president and regulatory counsel, told Bloomberg Law in December. Plus, Amador said he believes he has the law on his side.

“I do not see how an economic analysis has an impact either way on something that they don’t have the authority to do,” he said. The NRA has litigated the Obama rule since 2011 and has filed a request for review that is pending before the U.S. Supreme Court. Two circuit courts have called the rule an abuse of agency rulemaking authority.

Tough to Estimate

In reality, both business and employee-side sources told Bloomberg Law that it’s difficult to arrive at a confident estimate on this rule change, because of many possible employer and customer reactions, and interactions with a maze of state and local minimum wage laws.

The new methods ordered by the DOL leadership on the tip pool rule reduced the transfer total by changing the industries affected and how the rule would interact with state laws, which dropped the total, a few sources said.

Hancock, whose 20-year career at the WHD spanned three presidents from both parties, said that during the approximately 15-20 economically significant rules he’s worked on, he never once witnessed the agency excluding the cost-benefit analysis from a significant regulation. Lack of data accuracy is no excuse, Hancock said.

“If their view is they’re not really confident with the data you have, you put it out there, you identify those areas where you have uncertainty about the data, and invite the public to fill in those gaps,” said Hancock, who is now of counsel at plaintiff-side firm Cohen Milstein in New York.

The Labor Department’s policy shop played a central role in the tip pooling proposal, as is customary for significant rules. Sequeira, who was heavily involved with the WHD and other agencies in developing regulatory economic analyses in the prior Republican DOL, stopped short of saying whether the DOL behaved inappropriately in this circumstance.

“It’s hard to say,” Sequeira said. “That’s the age-old conspiracy theory with virtually every regulatory proposal that comes out.”

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Kleptocracy, secrecy, anti-democracy, Putinism are at work every day the corrupt Trump Administration and the GOP enablers are in power. The Con-Man-In-Chief!

PWS

02-02-18

MILWAUKEE JOURNAL/SENTINAL: COULD THE EXPLOSIVE GROWTH OF DANE CO. WI – Where, Not Surprisingly, Diversity Is Celebrated & Innovation Welcomed – EVENTUALLY HELP RID WISCONSIN OF SCOTT WALKER AND OUR NATION OF TRUMP & GOP STRANGLEHOLD ON NATIONAL GOVERNMENT?

https://www.jsonline.com/story/news/2018/02/01/can-voting-power-fast-growing-dane-county-help-democrats-win-statewide-elections-again/1085968001/

Craig Gilbert reports:

“MADISON – Amid all the defeats and disasters Democrats have suffered in Wisconsin, there’s one spot on the map that gets brighter for them all the time.

The capital city and its suburbs comprise one of America’s premier “blue” bastions.

Dane County’s liberal tilt is nothing new.

But obscured by the Democratic Party’s statewide losses since 2010 is the rapid, relentless growth of its voting power.

Fueled by a tech boomlet, Dane is adding people at a faster rate than any county its size between Minnesota and Massachusetts.  Between 2015 and 2016, it accounted for almost 80% of Wisconsin’s net population growth and is now home to more than 530,000 people.

“It is just stunning what has happened,” said economic consultant and former university administrator David J. Ward, describing a physical transformation that includes an apartment-building spree in downtown Madison as well as Epic Systems’ giant tech campus in suburban Verona, a new-economy wonderland where more than 9,000 employees (many in their 20s) work in a chain of whimsical buildings planted in old farm fields.

What’s going on in Dane County is gradually altering the electoral math in Wisconsin. Dane has been growing about four points more Democratic with each presidential contest since 1980, while adding thousands more voters every year. As a result, it packs an ever stronger political punch. Democrats won the county’s presidential vote by a margin of roughly 20,000 votes in 1984, 50,000 votes in 1996, 90,000 votes in 2004 and almost 150,000 votes in 2016.

Mobilized against a lightning-rod Republican governor (Scott Walker) and president (Donald Trump), these voters are poised to turn out in droves for the mid-term elections this fall. Organized political groups and informal political networks proliferate here, some with deep roots, some triggered by the state’s labor and recall fights, some sparked by Bernie Sanders’ presidential run last year, some spurred by Trump’s election.

“I’ve never seen this level of political activity,” said Democrat Mark Pocan, who represents Madison and the surrounding area in Congress.

Part of an ongoing series: Wisconsin in the age of Trump.
Craig Gilbert of the Journal Sentinel is on a fellowship established through Marquette University Law School’s Lubar Center for Public Policy Research and Civic Education. The fellowship is aimed at providing support for journalism projects on issues of civic importance. All the work is done under the direction of Journal Sentinel editors.

 “Right now, as (county) clerk, I have to assume crazy turnout,” said Scott McDonell, who orders the election ballots for Dane County. “Because people are so intense about wanting to send a message.”

Dane is the embodiment of some of the Democratic Party’s rosiest national trend lines: a growing appeal to the young and college-educated and a growing dominance in prosperous metropolitan areas.

But Dane also points to the double-edged nature of that appeal. A parade of GOP victories in 2010, the 2012 recall fight, 2014 and 2016 shows that this area’s rising clout guarantees nothing for Democrats when it’s offset by deep losses in small towns and northern blue-collar battlegrounds like Green Bay and Wausau. In 2016, Dane delivered a bigger vote margin for Hillary Clinton than it did for Barack Obama, but Clinton lost the state thanks to her (and her party’s) epic collapse in rural counties.

POLITIFACT: Scott Walker’s overstated attack on governor rival Paul Soglin over business and murder in

RELATED: As dust settles, parts of political map scrambled

These two dynamics — Dane getting bigger and bluer, northern Wisconsin getting redder — are at the heart of the battle for Wisconsin.

Some strategists in both parties believe the two are at least partly connected; that Democrats’ increasing reliance on Madison (and Milwaukee, the party’s other anchor) makes it harder for them to compete for more conservative blue-collar and rural voters.

When Madison Mayor Paul Soglin joined the vast Democratic field for governor last month, Walker immediately played the “Madison” card.

“The last thing we need is more Madison in our lives,” said Walker on Twitter, saying “businesses have left and murders have gone up.”

RELATED: Scott Walker amasses $4 million campaign war chest, dwarfing Dem rivals in Wisconsin governor’s race

Democrats scoffed at Walker’s grim portrayal of the city and accused him of beating up on a place that embodies the economic success he covets for the state.

The episode set off a round of feuding over whether Madison is a damaging symbol for Democrats because of its left-wing image or an increasingly attractive one because of its economic vigor.

“We’re obviously doing something right and a lot better than the way (Walker) is doing it for the rest of the state. And it’s not because we’re the home of the state university and it’s not because of state government, because he has spent the better part of the last seven years strangling them,” said Soglin in an interview, arguing that his city represents a growth model of investing in education and quality of life and “creating a great place where people want to be.” (He contrasted it to the use of massive subsidies to bring FoxConn to Wisconsin).

Dane County Executive Joe Parisi, who also bristled at Walker’s tweet, pointed to the state’s new ad campaign to draw millennials from Chicago, noting the Madison area is the one place in Wisconsin attracting that age group in significant numbers. (Many of Epic’s employees settle in downtown Madison and take a dedicated bus every day to the Verona campus.)

RELATED: Wisconsin seeks to lure young Chicagoans to Badger State

“Guess where millennials want to live? In communities that are tolerant, that invest in quality of life, that care about their environment, that provide recreational opportunities for them, a thriving downtown — everything Dane County has. We’ve worked on that,” Parisi said.

In a statement for this story, Walker political spokesman Brian Reisinger said that contrary to what his opponents say, the governor isn’t anti-Madison.

“The governor believes there are good people in Madison, like everywhere else in Wisconsin. But that doesn’t change the harm of a liberal governing philosophy that pits those hard-working families against their best interests. The governor enjoys a Badger game as much as anyone — the point is, Madison would be much better off if it had lower taxes and a better business environment, like the rest of Wisconsin does under his leadership.”

“It was liberal Madison politicians who gave us big budget deficits, massive tax increases, and record job loss,” Reisinger said.

But if the story of Madison figures in the campaign debate this year, the conversation could be awkward for both sides.

Walker is faced with the inconvenient fact that Wisconsin’s fastest-growing county is a place Republicans love to put down and where his party could hardly be less popular.  National studies and stories in recent years have singled out Madison as an emerging technology hub for health care, life sciences, even gaming — much of the growth rooted in the University of Wisconsin and its myriad research centers. Madison routinely makes “best cities” lists. Nonstop flights to San Francisco are starting this summer, a sign of its tech growth. Dane has added far more private-sector jobs than any other Wisconsin county since Walker took office. And in a state where more people are moving out than moving in, it has experienced a net in-migration of more than 20,000 since 2010. No other county in the state is close.

You could argue that the tech-fueled expansion in greater Madison is the state’s brightest economic story, and Epic, the health care software firm that has been adding almost 1,000 employees annually, its brightest business story. But Walker, an aggressive cheerleader for Wisconsin’s economy, has not mentioned either in his eight  “state of the state” speeches.

Meanwhile, this area’s prosperity creates its own “messaging” challenge for Democrats, who are painfully aware that “Madison” comes with baggage for some Wisconsinites, whether they see it as a symbol of government or left-wing politics or intellectual elitism or urban culture.

“It’s all of that combined, which in my mind is why it’s so powerful. It’s whatever part of it irks people,” said UW-Madison political scientist Kathy Cramer, who chronicled perceptions of the state’s capital in her book, “The Politics of Resentment,” about rural attitudes toward cities and their effect on politics.

Economics may be adding another wrinkle to this dynamic. Cramer said that Madison’s relative prosperity has the potential to provoke either “pride” or “resentment” elsewhere in the state.

Zach Brandon, a Democrat and head of the Greater Madison Chamber of Commerce, laments Madison-bashing, but said, “Madison, too, has to make sure it’s telling a story that doesn’t separate us from the rest of Wisconsin.”

Thanks to Trump’s election, Walker’s victories and even the attention Cramer’s book has received here and nationally, voters and activists here seem more sensitive than ever to their cultural and political distance from some parts of the state and how that can influence elections.

“You get up in these others parts (of) Wisconsin and they don’t like Madison people,” said Ronald Stucki, a Democratic voter in Dane County,  who was interviewed as he spoke to a party volunteer canvassing in the city last month.

Some Madison progressives said they hoped Democrats don’t nominate someone from Madison against Walker because they feared it would make it harder to win votes elsewhere. The party’s very crowded field includes several Madison candidates, and the Democratic U.S. senator on the 2018 ballot, Tammy Baldwin, is from Madison.

(The actual history of Madison Democrats in big statewide races isn’t a bad one at all:  winners include Baldwin for Senate in 2012, Russ Feingold for Senate in 1992, 1998 and 2004, and Jim Doyle for governor in 2002 and 2006; losers include Feingold for Senate in 2010 and 2016 and Mary Burke for governor in 2014.)

There is no way to really measure whether, or how much, the Democratic Party’s growing reliance on Madison and Milwaukee has contributed to the party’s struggles elsewhere in the state. Both trends are part of a growing partisan divide nationally between cities and small towns and between college grads and blue-collar voters.

In private conversations, GOP strategists differ over how to view the inexorable growth in Dane’s voting power. Some say it puts Democrats in a political box, dragging them further to left and out of touch with “average” voters. They also note that it’s little use to Democrats in legislative races since that vote is so concentrated geographically.

But some in the GOP are troubled by the trend lines. While many rural Republican counties are losing population, the bluest part of the state is growing the fastest — and still getting bluer. Even the burgeoning suburbs outside Madison have shifted sharply Democratic.

For many years, the Republican answer to Dane was Waukesha County, the big, ultra-red, high-turnout suburban county west of Milwaukee. But Dane has been adding more jobs and more voters than Waukesha County for many years. Since 2010, it has added five times as many people as Waukesha County. In fact, Dane’s combination of size, one-party dominance, growth and extreme turnout has few analogs anywhere in the U.S. And while Wisconsin’s rural voters have a history of swinging, the unflagging expansion of the Democrat vote around Madison is the most enduring trend anywhere on the Wisconsin political map.

What does that mean for elections beyond 2018?

Craig Gilbert talks about his Lubar Fellowship analyzing Wisconsin in the age of Trump. Mike De Sisti, Milwaukee Journal Sentinel

Here is how pollster Charles Franklin of the Marquette Law School quantified Dane’s trajectory: based on a nearly 40-year trend line in presidential voting, the Democratic Party’s winning margin in Dane County is growing by more than 15,000 votes every four years. That’s bigger than the winning margin in two of the state’s past five presidential contests.

Here is another way to measure it:

Back in 1980, Dane County accounted for 7% of the statewide vote and gave Democrats a 17-point advantage. When you multiply those two numbers together, it means Dane boosted the party’s statewide performance by a little more than one point. Its “value” to Democrats has quintupled since then. In 2016, Dane accounted for more than 10% of the statewide vote and voted Democratic by almost 50 points. Multiply those numbers together, and it means Dane boosted the party’s statewide performance by 5 points.

In their Wisconsin victories, Walker and Trump overcame this trend by making their own deep inroads elsewhere. But as long as it keeps getting bluer and growing faster, Dane County may become harder for Republicans to neutralize.

Craig Gilbert is reporting an ongoing series on the shifting political landscape in Wisconsin after the state helped propel Donald Trump to the White House.

 

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Energizing, registering, and “getting out the vote” are critically important. The “will of the real majority” across the country is what the GOP really fears! And, that’s what didn’t prevail in 2016! That’s why the GOP is so dedicated to voter suppression and gerrymandering! And skewing the census data against ethnic minorities and Democrat-leaning jurisdictions is high on the Trump/Sessions “suppression of democracy” agenda.

Here’s a sense of “deja vu.” When I was at U.W. Law School in the early 1970s, now Madison (and Dem Governor hopeful) Mayor Paul Soglin was one of my classmates. He actually sat in front of me in Environmental Law, although he seldom actually made a physical appearance. That’s probably because he was busy being the “Boy Wonder” progressive City Councilman who eventually ousted Madison’s arch-conservative GOP Mayor and became the “Boy Mayor” while Cathy and I were still living on Madison’s East Side.

After being out of office for a while, he made a “comeback” and is now Mayor of “MAD-CITY” again! Not a “Boy Wonder” any more. But, still “stirring up the pot.”

PWS

02-02-18

 

JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

https://slate.com/news-and-politics/2018/02/the-nativist-blueprint-for-trumps-immigration-plan.html

Jamelle writes in Slate:

“State of the Union on Tuesday night, “one that admits people who are skilled, who want to work, who will contribute to our society, and who will love and respect our country.”

The president and his allies claim such an immigration policy would promote cohesion and unity among Americans “and finally bring our immigration system into the 21st century.” Far from forward-facing, however, the president’s policies evoke the beginning of the 20th century, when war abroad and opportunity at home brought waves of immigrants to the United States, from Italians, Polish, and Russians to Chinese and Japanese. Their arrival sparked a backlash from those who feared what these newcomers might mean for white supremacy and the privileged position of white, Anglo-Saxon Americans. Those fears coalesced into a movement for “American homogeneity,” and a drive to achieve it by closing off America’s borders to all but a select group of immigrants. This culminated in 1924 with the Johnson-Reed Act, which sharply restricted immigration from Southern and Eastern Europe and all but banned it from much of Asia.

Members of the Trump administration have praised the Johnson-Reed Act for its severe restrictions on who could enter the country, and the act’s history helps illuminate what exactly Trump means when he says he wants to put “America first.”

The cohesion Trump espouses isn’t national or ideological. It is racial. The fight over immigration isn’t between two camps who value the contributions of immigrants and simply quibble over the mix and composition of entrants to the United States. It is between a camp that values immigrants and seeks to protect the broader American tradition of inclusion, and one that rejects this openness in favor of a darker legacy of exclusion. And in the current moment, it is the restrictionists who are the loudest and most influential voices, and their concerns are driving the terms of the debate.

At the heart of the nativist idea is a fear of foreign influence, that some force originating abroad threatens to undermine the bonds that hold America together. What critics condemned as “Know Nothing-ism” in the 19th century, adherents called Americanism. “The grand work of the American party,” said one nativist journal in 1855, “is the principle of nationality … we must do something to protect and vindicate it. If we do not, it will be destroyed.”

In the first decades of the 20th century, the defense of “the principle of nationality” took several forms. At the level of mass politics, it meant a retooled and reinvigorated Ku Klux Klan with a membership in the millions, whose new incarnation was as committed to anti-immigrant, anti-Catholic, and anti-Semitic politics as it was to its traditional anti-black racism. In Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, historian Nancy MacLean notes how Georgia Klan leader William Joseph Simmons warned his followers that they were, in his words, “being crowded out by a “mongrel population … organized into Ghettos and Communistic groups … and uplifting a red flag as their insignia of war.” Likewise, Klan leaders and publications blasted Catholic immigrants as “European riff-raff” and “slaves of ignorance and vice” who threatened to degrade the country at the same time that they allegedly undermined native-born white workers. When, in 1923 and 1924, Congress was debating the Johnson-Reed Act, the Klan organized a letter-writing campaign to help secure its passage, turning its rhetoric into political action.

At the elite level, it meant the growth of an intellectual case for nativism, one built on a foundation of eugenics and “race science.” Prominent scholars like Madison Grant (The Passing of the Great Race) and Lothrop Stoddard (The Rising Tide of Color Against White World Supremacy) penned books and delivered lectures across the country, warning of a world in which “Nordic superiority” was supplanted by those of so-called inferior stock. “What is the greatest danger which threatens the American republic today?” asked eugenicist Henry Fairfield Osborn in the preface to Grant’s book. “I would certainly reply: The gradual dying out among our people of those hereditary traits through which the principles of our religious, political and social foundations were laid down and their insidious replacement by traits of less noble character.” The aim of the nativists was to preserve those traits and admit for entry only those immigrants who could fully and easily assimilate into them.

. . . .

It is true that there are some more moderate restrictionists in the mix, for whom the drive to reduce legal immigration is driven by concern and prudence—concern over immigration’s impact on wage and employment, especially among the country’s working-class citizens, and prudence regarding our ability to assimilate and absorb new arrivals.

The facts do not support these misgivings. Low-skilled immigration does more to bolster prospects for working-class Americans—providing complementary employment to construction and farm labor—than it does to lower wages. Likewise, immigrants to the United States have shown a remarkable capacity for assimilation, quickly integrating themselves into the fabric of American life by building homes, businesses, and families. To the extent that native-born workers need protection, it’s best provided by stronger unions and more generous support from the government.

But those moderate voices aren’t setting the agenda. Instead, it’s the hardliners who have used their initiative to inject nativism into mainstream politics and channel, in attenuated form, the attitudes that produced the 1924 law. President Trump, for example, ties Hispanic immigrants to crime and disorder, blaming their presence for gang violence. He attributes terror attacks committed by Muslim immigrants to the “visa lottery and chain migration” that supposedly allows them unfettered access to American targets. And in a recent meeting with Democratic and Republican lawmakers, Trump disparaged Haiti and various African nations as “shitholes” (or “shithouses”) whose immigrants should be turned away from the country in favor of those from European countries, like Norway. It’s unclear if Trump is aware of Rep. Albert Johnson, who spearheaded the 1924 immigration law. But in his racial ranking of immigrants, the president echoed the congressman’s sentiments. “The day of unalloyed welcome to all peoples, the day of indiscriminate acceptance of all races, has definitely ended,” proclaimed Johnson on the passage of the bill that bore his name.

The president isn’t alone in his views. Before joining the Trump administration, former White House adviser Stephen Bannon openly opposed nonwhite immigration on the grounds that it threatened the integrity of Western nations. And while Bannon has been exiled from Trump’s orbit, that legacy lives on. Stephen Miller, who is now the driving force behind immigration policy in the Trump administration, is a notorious hardliner who has echoed Bannon’s views, bemoaning the number of foreign-born people in the United States.

Miller is the former communications director for and protégé of Jeff Sessions, who as Alabama’s senator praised the Johnson-Reed Act and its restrictions on foreign-born Americans. “When the numbers reached about this high in 1924, the president and Congress changed the policy, and it slowed down immigration significantly,” Sessions said in a 2015 interview with Bannon. “We then assimilated through the 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

As attorney general, Sessions has leaned in to these views. “What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful?” said Sessions during a recent interview on Fox News. “That is not what a good nation should do, and we need to get away from it.” Rep. Steve King of Iowa, a staunch defender of Trump, is especially blunt in his defense of hardline immigration policies. “Assimilation, not diversity, is our American strength,” he said on Twitter last year.

Assimilation in those middle decades of the 20th century was built, to a considerable extent, on racial exclusion. It was assimilation into whiteness, one which bolstered and preserved the racial status quo. There’s no return to the America of that era, but one could slow the nation’s demographic transition. The White House proposals for immigration reform seem designed to do just that. According to an analysis from the Cato Institute, President Trump’s framework for immigration would slash entries by 44 percent, excluding almost 22 million people from the United States over the next 50 years. And in an analysis tied to the “Securing America’s Future Act”—a House-produced bill which hews closely to what the president wants—the Center for Global Development finds that white immigrants would be twice as likely to attain entry into the United States than black and Hispanic ones, while a majority of Muslim and Catholic immigrants would be barred from the country. Couple these measures with voter suppression, a biased census, apportionment by citizenship, extreme gerrymandering, and the existing dominance of rural counties in national politics, and you can essentially rig the system for the preservation of white racial hegemony.

Immigration policy is inextricably tied to our nation’s self-identity. What we choose to do reflects the traditions we seek to uphold. In the 1920s, most Americans wanted a more homogenous country, and they chose accordingly. Forty years later, in the midst of the civil rights revolution and a powerful ethos of inclusion, Americans reversed course, opening our borders to millions of people from across the globe. In this moment, we have two options. We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.

portrait of Jamelle Bouie

Jamelle Bouie

Jamelle Bouie is Slate’s chief political correspondent.”

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

Read the complete article, with more historical references to the racist historical basis for today’s GOP restrictionist policies, at the link.

Actually, “Gonzo Apocalypto,” most of those Latino, African, Hispanic, and Middle Eastern immigrants that you look down upon and disrespect aren’t illiterate in their own countries. And, they probably speak and understand English better than you do their native languages.

While you, Gonzo, have spent most of your adult life on the “public dole,” trying to turn back the clock and, as far as I can see, doing things of questionable overall value to society, immigrants have been working hard at critical jobs, at all levels of our society, that you and your White Nationalist buddies couldn’t or wouldn’t be able to do. Hard-working immigrants, not your “White Nationalist Myth,” have advanced America in the latter half of the 20th Century and the beginning of the 21st Century. Immigrants will continue to make America stong, prosperous, and great, if you and your White Nationalist restrictionist cronies would only get out of the way of progress!

“We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.”

Right on, Jamelle!

PWS

02-02-18

JRUBE: GOP “PARTY OF PUTIN” OUT OF CONTROL!

https://www.washingtonpost.com/blogs/right-turn/wp/2018/02/01/the-nunes-fiasco-grows-more-outrageous-by-the-hour/

Jennifer Rubin writes in “Right Turn” in the Washington Post:

The Post reports:

The long-simmering feud between President Trump and the Justice Department erupted into open conflict Wednesday when the FBI publicly challenged the president’s expected release of a contentious and classified memo related to the probe of Russian meddling in the 2016 election.

In a rare unsigned statement, the FBI cited “grave concerns” with inaccuracies and omissions in the four-page memo, which was written by House Republicans and alleges abuses at the Justice Department connected to secret surveillance orders. Trump has told advisers that the memo could benefit him by undercutting the special counsel’s investigation and allow him to oust senior Justice Department officials — and that he wants it released soon, something that could happen as early as Thursday.

“We have grave concerns about the material omissions of fact that fundamentally impact the memo’s accuracy,” the FBI said. …

The memo in dispute was written by staffers for House Intelligence Committee Chairman Devin Nunes (R-Calif.) earlier in January after the panel obtained documents related to a controversial dossier of allegations concerning Trump and his purported ties to Kremlin officials.

We cannot stress enough just how bizarre and outrageous is the Nunes scheme. FBI Director Christopher Wray, appointed by Trump, and Deputy Attorney General Rod J. Rosenstein, also appointed by Trump, have warned the president that disclosure of the memo would do great damage to American national security. The FBI publicly has, in essence, said the Nunes memo is misleading. And despite all that, the president plans to allow the release of the memo, which has one purpose only: to discredit and hobble the FBI and the Justice Department that are investigating the president. Bluntly put, Trump and Nunes surely seem to be acting with corrupt intent to taint the investigators in order to help Trump escape the legal and political consequences of possible wrongdoing.

2:24
What is the Nunes memo?

Created by Rep. Devin Nunes (R-Calif.), the four-page memo is critical of the Justice Department and the FBI’s handling of the Russia investigation. (Video: Victoria Walker/Photo: Jabin Botsford/The Washington Post)
Wednesday night, events got even weirder. Rep. Adam Schiff (D-Calif.), the House Intelligence Committee’s ranking Democrat, released a letter he sent to Nunes accusing Nunes of altering the memo the committee voted to release before Nunes sent it to the White House. Schiff wrote:

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Because there were material changes made to the document unbeknownst to Committee Members and only revealed to us this evening, two days after the vote, there is no longer a valid basis for the White House to review the altered document, since this new version is not the same document shared with the entire House and on which Committee Members voted.

It is now imperative that the Committee Majority immediately withdraw the document that it sent to the White House. If the Majority remains intent on releasing its document to the public, despite repeated warnings from DOJ and the FBI, it must hold a new vote to release to the public its modified document. This can be done at the business meeting on Monday, February 5, 2018 when we will move, once again, to release the Minority’s responsive memorandum, which House Members have now had the opportunity to read.

Schiff’s letter is unlikely to alter Nunes and the White House’s plans to release the memo on Thursday, but it does once more expose Nunes’s sleazy, dishonest behavior. Nunes has managed — just as he did in the phony “unmasking” scandal — to mitigate the impact of his own scheme. It’s hard to take seriously a convoluted conspiracy theory coming from someone who trips over his own feet with such regularity.

Senate Minority Leader Charles E. Schumer (D-N.Y.) then weighed in. “It’s clear that Chairman Nunes will seemingly stop at nothing to undermine the rule of law and interfere with the Russia probe,” he said in a written statement. “He’s been willing to carry the White House’s water, attack our law enforcement and intelligence officials, and now to mislead his House colleagues. If Speaker [Paul] Ryan cares about the integrity of the House or the rule of law, he will put an end to this charade once and for all.”

Ryan, however, has been part of the problem. It is fully within his power as House speaker to remove Nunes as chairman and to signal to Republicans that the institution (Congress, in this case), the party, the intelligence community and the country would not be served by Nunes’s stunt. Instead, Ryan threw a few logs on the bonfire by suggesting that the FBI needed to be cleansed, which sounds an awful lot like a politically minded purge.

Ohio Gov. John Kasich (R), who seems more and more to be in the wrong party, denounced Republicans’ antics. “These attacks on these institutions like we’re seeing now with the FBI and the Justice Department — I mean, these are things that they’re hallmarks of our country,” he said, according to the Columbus Dispatch. “And as we erode them or create enormous doubts in the minds of Americans that there’s anything we can trust … it gets us in trouble.”

If Democrats ever needed proof for the midterms that the GOP is a threat to national security and is unfit to govern, this should do it. The Republicans cannot with a straight face claim to be the party of national security while carrying on in such fashion. And even if a congressman in Iowa or Michigan were to say he played no part in Nunes’s conduct, his or her reelection by definition would help return Nunes to the intelligence committee chairmanship and Ryan to the speakership. In short, Democrats can argue that if you vote for anyone with an “R” after his or her name, you are voting to hobble the FBI, expose our secrets to our enemies and help Trump escape the consequences of possible wrongdoing. Talk about a winning message.

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

So, “Vladi’s Not So Secret Agent” Devon Nunes (R-Moscow) and his Fellow Travelers want to attack our democratic institutions of justice!

Here’s what we know for sure:

  • Russia tried to interfere with our 2016 Presidential election.
  • Vladimir Putin hated Hillary Clinton.
  • Russia plans to interfere with our 2018 elections.
  • Several individuals close to the Trump Campaign, including former “National Security Director” General Mike Flynn lied to the FBI about their Russian connections.
  • Former Trump Campaign Chair Paul Manafort faces Federal criminal charges for lying about his Russian connections.
  • Attorney General Jeff Sessions “forgot several times under oath” about various Russian contacts.
  • Donald Trump is a known liar.
  • Nunes & Trump plan to release a classified GOP propaganda memo over the national security objections of the Deputy AG and the FBI Director appointed by Trump.

Sure looks like 1) our national security is at risk, and 2) there are connections between Russians and various Trump campaign officials that those individuals went to the trouble of lying (or “forgetting”) under oath to hide.

But, do the “Party of Putin” and “Agent Nunes” want to get to the bottom of this? No way! Instead, they want to protect their sleazy President even at the cost of our national security and our democratic institutions!

Every time Trump and the GOP disingenuously talk about “protecting national security,” what they really mean is protecting themselves and their corrupt President from the truth.

By far, the biggest threat to our national security and  indeed to our continued existence as a nation, resides right in plain view at 1600 Pennsylvania, Avenue, Washington, D.C. When, if ever, will we wise up?

PWS

02-01-18