"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
I personally don’t make much of Scott’s ability to reason. This is the same man who said in March that “woke supremacy,” whatever that is, “is as bad as white supremacy.” There is no world in which recent efforts at enlightenment can be equated to enslavement, lynching and mass incarceration. None.
It seems to me that the disingenuousness on the question of racism is largely a question of language. The question turns on another question: “What, to you, is America?” Is America the people who now inhabit the land, divorced from its systems and its history? Or, is the meaning of America inclusive of those systems and history?
When people say that America is a racist country, they don’t necessarily mean that all or even most Americans are consciously racist. However, it is important to remember that nearly half the country just voted for a full-on racist in Donald Trump, and they did so by either denying his racism, becoming apologists for it, or applauding it. What do you call a country thus composed?
Historically, however, there is no question that the country was founded by racists and white supremacists, and that much of the early wealth of this country was built on the backs of enslaved Africans, and much of the early expansion came at the expense of the massacre of the land’s Indigenous people and broken treaties with them.
Gathering the dead after the Colfax massacre, published in Harper’s Weekly, May 10, 1873
Eight of the first 10 presidents personally enslaved Africans. In 1856, the chief justice of the United States wrote in the infamous ruling on the Dred Scott case that Black people “had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect.”
The country went on to fight a Civil War over whether some states could maintain slavery as they wished. Even some of the people arguing for, and fighting for, an end to slavery had expressed their white supremacist beliefs.
Abraham Lincoln said during his famous debates against Stephen A. Douglas in 1858 that among white people and Black ones “there must be the position of superior and inferior, and I, as much as any other man, am in favor of the superior position being assigned to the white man.”
Some will concede the historical point and insist on the progress point, arguing that was then and this is now, that racism simply doesn’t exist now as it did then. I would agree. American racism has evolved and become less blunt, but it has not become less effective. The knife has simply been sharpened. Now systems do the work that once required the overt actions of masses of individual racists.
. . . .
As Mark Twain once put it: “The difference between the almost right word and the right word is really a large matter. ’Tis the difference between the lightning bug and the lightning.”
Being imprecise or undecided with our language on this subject contributes to the murkiness — and to the myth that the question of whether America is racist is difficult to answer and therefore the subject of genuine debate among honest intellectuals.
Saying that America is racist is not a radical statement. If that requires a longer explanation or definition, so be it. The fact, in the end, is not altered.
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Read Blow’s full article at the link.
Four things that are clear to me:
The “history” that most of us in my generation learned in high school was “whitewashed;”
The monumental achievements of non-white Americans, women, and children which allowed this country to exist, prosper, and flourish have consistently been ignored or downplayed;
America still has race issues;
The GOP, in particular, has failed to come to grips with the issue of race in 21st century America (apologists Scott & Graham notwithstanding).
🇺🇸⚖️🗽Due Process For All Persons Under Law, Forever!
Here’s an array of reports on how America under the Trump regime has joined the ranks of dictatorships, torturers, child abusers, persecutors, and human rights criminals!
Eugene Robinson Opinion Columnist Washington Post Source: WashPost Website
Eugene Robinson @ WashPost:
What kind of people are we? As a society, are we so decadent and insecure that we show “toughness” by deliberately being cruel to innocent children? Is this what our nation has come to? Or are we better than that?
This election demands we answer those questions. The choice between President Trump and Joe Biden is not just political. It is also moral. And perhaps nothing more starkly illustrates the moral dimension of that decision than the Trump administration’s policy of kidnapping children at the southern U.S. border, ripping them away from their families — and doing so for no reason other than to demonstrate Trump’s warped vision of American strength.
We learned this week that some of those separations will probably be permanent. As NBC News first reported, 545 boys and girls taken as many as three years ago — the children of would-be immigrants and asylum seekers, mostly from Central America — have not been reunited with their parents and may never see their families again.
These are not among the nearly 3,000 families separated at the border in 2018, when children were kept in cages like animals or shipped away to facilities across the country, hundreds or thousands of miles from the border. We now know, thanks to the American Civil Liberties Union and other pro bono lawyers, that an additional 1,500 children were torn away from their families beginning in 2017, when the Trump administration conducted a trial run of the separation policy.
Please think about that. The shocking scenes we saw two years ago did not result from a sudden spasm of presidential anger. They didn’t stem from a Fox News segment Trump might have seen one evening. Rather, the administration rehearsed this form of cruelty.
What the administration did not plan for was how to reunite the children taken in 2017 with their families. Many of the parents were deported, and their children were placed in shelters around the country, then ostensibly released to parents or guardians, placements that the ACLU is still trying to confirm.
[Our Democracy in Peril: A series on the damage Trump has caused — and the danger he would pose in a second term]
The ACLU and other organizations have sent investigators to towns and villages in Central America in an attempt to find the kidnapped children’s families — an effort complicated not just by time and distance, but also by the covid-19 pandemic. Parents of 545 children have not been found, the ACLU reported this week.
Disturbingly, the Department of Homeland Security suggested that some of the parents declined to get their children back so they could remain in the United States. Keep in mind that most of these families were seeking asylum from deadly violence in their home countries. The Trump administration changed immigration guidelines to make it unlikely that the families would ultimately be allowed to stay in the United States, but federal law gives them the right to apply for asylum and to have their cases heard. They did nothing wrong. They should never have been asked to choose between parenting their children and getting them to safety — not by their home countries, and not by the United States.
Trump’s racism and xenophobia have been hallmarks of his presidency from the beginning, so perhaps it should be no surprise that he would preside over such an outrage. But he didn’t do this by himself. He had plenty of help.
Former attorney general Jeff Sessions seized an opportunity to make his rabid antipathy toward Hispanic immigration into policy. White House senior adviser Stephen Miller, a former Sessions aide in the Senate, was the architect of Trump’s “zero tolerance” immigration policy. Then-White House Chief of Staff John F. Kelly said in 2018 that the children taken would be “taken care of — put into foster care or whatever.” Former homeland security secretary Kirstjen Nielsen said last year that she regretted that “information flow and coordination to quickly reunite the families was clearly not in place” — but not the separations themselves.
President Donald Trump’s administration started and carried out a policy that took more than 4,000 children from their parents, at least 545 of whom are still split apart years later. But at Thursday’s debate, the president insisted that he did nothing wrong at all ― blaming his Democratic predecessors and even insisting the kids are doing fine.
“They are so well taken care of,” Trump said of the children taken from their parents by his administration. “They’re in facilities that were so clean.”
Trump’s first term was marked by a full-out assault on immigration, both legal and unauthorized. The most dramatic was his “zero tolerance” policy on unauthorized border-crossing, used in a 2017 pilot program and expanded more broadly in 2018, that led to criminal prosecution of parents and locking up their kids separately. Splitting up families was intentional and calculated, according to multiple reports.
Thanks to mass public outrage and a court order, Trump was forced to stop his family separation policy. Most families were reunited, but the American Civil Liberties Union, which was part of the lawsuit against the government that stopped the policy, said this week that at least 545 kids are still away from their parents.
“Their kids were ripped from their arms and separated,” Democratic nominee Joe Biden said during the debate. “And now they cannot find over 500 sets of those parents and those kids are alone. Nowhere to go. Nowhere to go. It’s criminal.”
Washington Post Columnist Ruth Marcus, moderates a panel discussion about chronic poverty with Education Secretary John B. King and Agriculture Secretary Tom Vilsack, during the National Association of Counties at the Washington Marriott Wardman Park, in Washington, DC, on Tuesday, Feb. 23, 2016. U.S. Department of Agriculture photo by Lance Cheung.
Ruth Marcus @ WashPost:
545.
That is the number of children still separated from their families by the Trump administration — separated deliberately, cruelly and recklessly. They might never be reunited with their parents again. Even if they are, the damage is unimaginable and irreparable.
545.
Even one would be too many. Each one represents a unique tragedy. Imagine being ripped from your parents, or having your child taken from you. Imagine the desperation that the parents feel, the trauma inflicted on their children.
545.
That number represents an indelible stain on President Trump and every individual in his administration who implemented this policy, flawed at the conception and typically, gruesomely incompetent in the execution. It is, perhaps in the technical sense but surely in the broader one, a crime against humanity. It is torture.
545.
That number — I will stop repeating it, yet it cannot be repeated enough — represents a moral challenge and responsibility for the next administration. If Joe Biden is elected president, he must devote the maximum resources of the federal government to fixing this disaster. The United States broke these families; it must do whatever it takes to help them heal.
Nothing like that would happen in a second Trump term, because Trump himself doesn’t care. He doesn’t grasp the horror that he oversaw. He doesn’t comprehend the policy, and he is incapable of feeling the pain it inflicted.
Those truths could not have been clearer cut than during Thursday night’s debate.
Moderator Kristen Welker of NBC News asked the president a simple question: “How will these families ever be reunited?”
First, Trump misstated the situation: “Their children are brought here by coyotes and lots of bad people, cartels, and they’re brought here, and they used to use them to get into our country.”
No. These are children separated from their families, not separated from smugglers. They are children brought by their parents in desperate search of a better life, desperate enough that they would take the risk of the dangerous journey.
Then Trump pivoted to the irrelevant: “We now have as strong a border as we’ve ever had. We’re over 400 miles of brand new wall. You see the numbers. And we let people in, but they have to come in legally.”
Welker persisted: “But how will you reunite these kids with their families, Mr. President?”
Trump responded by pointing his finger at his predecessor: “Let me just tell you, they built cages. You know, they used to say I built the cages, and then they had a picture in a certain newspaper and it was a picture of these horrible cages and they said look at these cages, President Trump built them, and then it was determined they were built in 2014. That was him.”
This is typical Trumpian deflection, bluster undergirded by ignorance. The “cages” are ugly but irrelevant to the topic at hand: the deliberately cruel plan to deter border-crossing by separating children from parents. That was a Trump administration special, implemented with callous sloppiness and so extreme that even the Trump administration abandoned it.
Welker, for the third time: “Do you have a plan to reunite the kids with their families?”
At which point Trump made clear that he did not: “We’re trying very hard, but a lot of these kids come out without the parents, they come over through cartels and through coyotes and through gangs.” The children, he added later, “are so well taken care of, they’re in facilities that were so clean.”
The third and final presidential debate gave Donald Trump and Joe Biden the opportunity to make their final pitch to the American people before the 2020 election. For the Democratic nominee, that meant driving home the point that he believes in science, that he’ll take the COVID-19 pandemic seriously, that climate change is real, and that systemic racism must be dealt with. For Trump, it meant making it clear that in addition to being a science-denying, QAnon-promoting dimwit, he’s also an actual monster who thinks separating small children from their parents, in some cases permanently, is absolutely fine.
Asked by moderated Kristen Welker about the news that parents of 545 children separated at the border—60 of whom are under the age of five—cannot be located, Trump defended the policy and gave no explanation for how the government plans to find these people and reunite their families. “Children are brought here by coyotes and lots of bad people, cartels, and they’re brought here and they used to use them to get into our country,” Trump said, which is objectively false, as they are brought here by their parents, which is why it’s called the family separation policy. “We now have as strong a border as we’ve ever had. We’re over 400 miles of brand new wall. You see the numbers and we let people in but they have to come in legally.”
Noting that Trump hadn’t answered the question, Welker pressed: “But how will you unite these kids with their families?”
“They built cages, they used to say I built cages…that was him,” Trump said, pointing to Biden and referring to the fact that the Obama administration did build temporary enclosures but failing, naturally, to mention that his predecessor did not separate families.
“Do you have a plan to reunite the kids with their parents?” Welker asked a third time. Again, Trump responded by claiming that the children “come without the parents, they come over through cartels and through coyotes and through gangs.”
At this point, Joe Biden was given a chance to weigh in and used his time to describe the policy implemented by Trump as the horror show all non-sociopaths know it to be. “Parents, their kids were ripped from their arms and they were separated and now they cannot find over 500 sets of those parents and those kids are alone, nowhere to go. It’s criminal.”
Then Trump interjected with what he apparently believed was an important point that would cast his administration in a much more favorable light and perhaps might even win it some awards or sainthood by the Catholic church. “Kristen, I will say this,” he told the moderator, of the children stolen from their parents. “They’re so well taken care of. They’re in facilities that are so clean.
With regard to that claim, NBC News reporter Jacob Soboroff weighed in on that after the debate, telling Rachel Maddow: “I was one of the reporters I guess the president mentioned, they invited me to go to the epicenter of this policy…what I saw was little children sitting on concrete floors, covered by mylar blankets, supervised by security contractors in a watchtower, it makes me sick every time I recall it. And Physicians for Human Rights…called this torture…the American Academy of Pediatrics called this state-sanctioned child abuse, and the president of the United States I guess interprets that as children being well taken care of.”
Jacob Soboroff NBC Correspondent Jacob Soboroff at the ABC News Democratic Debate National Constitution Center. Philadelphia, PA. Creative Commons License
Here’s a video from NBC New’sJacob Soboroff, who has actually been inside “Trump’s Kiddie Gulag.” Surprise spoiler: It’s not “nice.” More like “torture” and “child abuse.”
There is neither moral nor legal justification for what the Trump regime has done to asylum seekers and other migrants over the past four years as part of their racist, White Nationalist, nativist agenda. But, we can show that we’re a better country than his horrible vision by voting him and all of his enablers out of office! Vote ‘Em out, vote ‘Em out!
It is not news that the Republican Party has a stagnant governing agenda cobbled together from the long-discredited dogmas and shibboleths of the conservative movement. “The current iteration of the G.O.P. is indifferent to the substance of government,” Steve Benen, a political writer and producer for The Rachel Maddow Show on MSNBC, writes in “The Impostors: How Republicans Quit Governing and Seized American Politics”:
It is disdainful of expertise and analysis. It is hostile toward evidence and arithmetic. It is tethered to few, if any, meaningful policy preferences. It does not know, and does not care, about how competing proposals should be crafted, scrutinized or implemented.
What is news is the extent to which the Republican Party has embraced the trappings of its leader, which is to say, the trappings of a right-wing cable news network: a nonstop parade of conspiracy, demagogy and grievance, in service to a cult of personality, all for the sake of a politics of plunder, theft and extraction.
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Read the rest of Jamelle’s op-ed at the link.
Pretty good explanation of The Party of Trump (formerly known as “The Party of Lincoln”).
My question is why the so-called “mainstream media” (excluding Jamelle and a few others) handles with “kid gloves” folks like Nikki Haley, Tim Scott, and Melania, who go on national TV and present knowingly bogus, totally disingenuous, fabricated portraits of Trump as a benign presence in U.S. politics. In a vain, continuing search for “normalization” of overt 21st century Jim Crow nationalist fascism, the “mainstreams” appear ready to credit speaking in complete, largely grammatical, sentences in the English language and not screaming racist tropes or absurdist internet conspiracy theories as all that is necessary to be considered “credible” and a “moderating force” in today’s “Trumpized” GOP!
The disingenuous treatment by the “mainstreams” of dishonest attempts to “soften” Trump’s true “Mini-Mussolini” persona as election-season gimmick is a gross dis-service to the public welfare and the abdication of the duty of courageous independent journalism to provide critical coverage — not just regurgitate RNC propaganda!
Why are “the mainstreams” rolling over for the RNC?
This November, vote like your life and the future of the world depend on it! Because they do!
A panel of Republican leaders voted unanimously Monday to keep veteran Iowa lawmaker Steve King off House committees, a firm rebuke to an influential opponent of illegal immigration who sparked outrage last week after openly questioning whether the term “white supremacist” was offensive.
House Minority Leader Kevin McCarthy (R-Calif.) said the decision by the Republican Steering Committee, which seats lawmakers on House committees, followed his own recommendation and was meant to send a message about the GOP at large.
“That is not the party of Lincoln,” he said of King’s comments. “It is definitely not American. All people are created equal in America, and we want to take a very strong stance about that.”
One is tempted to ask: Why only now? The decision was made after Democrats threatened to bring a motion of censure, and more egregiously, after years of King’s blatantly racist comments. This is a man who met with an Austrian far-right politician who had been active in neo-Nazi circles in his youth and declared that he’d be a Republican if he were an American.
Democrats still might press for further action against King. (“[House Speaker Nancy] Pelosi on Monday left open the possibility that there could be votes on multiple sanctions for King, ranging from disapproval to censure.”) Whether Democrats proceed or not, the party of Lincoln has an elephant-size problem that dwarfs King.
If King’s defense of “white nationalism” is not acceptable, why do Republicans tolerate and extol a president who declared there to be some “fine people” among neo-Nazis, called African and Caribbean nations “shithole countries,” equated Mexican immigrants with rapists, repeatedly questioned African American critics’ IQ, asserted a federal court judge of Mexican descent to be unable to perform his job, created a conspiracy to delegitimize the first African American president, started a running battle with African American athletes who kneel to protest police brutality and fails to employ any high-level African American staffer? Why do they tolerate a president who recently declared, “If Elizabeth Warren, often referred to by me as Pocahontas, did this commercial from Bighorn or Wounded Knee instead of her kitchen, with her husband dressed in full Indian garb, it would have been a smash”?
Moreover, Republicans have spent three-plus years telling us that words don’t really matter, that tweets don’t matter. If we now agree that the words of an Iowa congressman matter a great deal, they’re going to have a hard time sticking to the view that the words of the president of the United States shouldn’t be held against him.
King is a minor-league racist, a buffoon; but President Trump leads their party. Ever since he made birtherism his signature issue and rode down the gold escalator to disparage Mexicans, Republicans have rationalized or ignored his blatant racism (and we haven’t even gotten to the nonstop misogyny).
When Senate Majority Leader Mitch McConnell (R-Ky.) says of King, “I have no tolerance for such positions, and those who espouse these views are not supporters of American ideals and freedoms,” one has to ask why he tolerates Trump and undoubtedly will support his reelection. If Sen. Mitt Romney (R-Utah) agrees that King should resign, surely he should say the same of Trump, whose words carry far more weight and who defines Romney’s party.
Republicans should have disowned Trump long ago. The good news: There is still time. No elected Republican should support Trump’s reelection for the very same reason that they belatedly took action against King. A major political party should not stand by racists.
Republicans have to decide once and for all whether they want to be the party of white grievance and racist dog-whistles and bullhorns. So long as they stand with Trump and accept the support of racists, they cannot seriously claim to be the party of Lincoln. And if it’s not the party of Lincoln, why exactly do we need a Republican Party?
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King has the public persona of a dead eel, and represents a politically insignificant rural district. By contrast, Donald Trump is a media megastar and holds the office of President. Otherwise, there is little difference between them as racist provocateurs.
Trump basically took King’s message, effectively changed “Make America White Again” to “Make America Great Again,” and mass marketed it to a racially motivated base in locations strategically calculated to enable him to achieve electoral success with a minority of the votes.
So, why did the GOP act now? Well, one reason could be the harsh criticism that African-American GOP Senator Tim Scott of South Carolina directed at King. Scott is a rarity in today’s GOP: a person of color who matters. Unlike King, Scott is politically critical to the GOP with a narrow 53-47 majority in the Senate. Indeed, Scott recently teamed up with the Dems and several of his more moderate GOP colleagues to defeat one of Trump’s most blatantly racist judicial candidates. So, he’s not someone GOP Congressional leadership wants to mess with (particularly since Scott is otherwise willing to mindlessly line up with Trump on measures that disproportionately harm minorities in addition to being bad for the majority of Americans).
Also, King’s “foot in mouth” style keeps reminding Americans of the seamy side of Trump’s political support at inopportune times. While the GOP these days is always happy to play the “race card” when convenient and necessary, they would much prefer that it be played by Trump to rev up his base and get out the vote than by a minor and politically unappealing figure like King.
King’s demise is long overdue good news for America. But, I would neither give the GOP much credit nor expect them to take any action against the chief purveyor of lies, false narratives, and racial hatred in their party — Trump. Rubin said it simply and eloquently: “A major political party should not stand by racists.” Is anybody out there in the GOP listening?
