"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.
Here’s Trump’s brilliant plan. Allow notorious Turkish strongman Erdogan, who happened to show up at a Trump Hotel opening in Turkey, to annihilate our loyal allies against ISIS (and before that Saddam), the Kurds. Then, destroy the Turkish economy because they annihilated the Kurds like they said they would do. That way, we wipe out two of our dwindling number of allies in the Middle East and insure the re-emergence of ISIS. We also should be able to guarantee the death of many refugees in Syria and cruel and inhuman abuse of others. What could possibly go wrong?
As for GOP bottom-feeder Graham, Trump’s betrayal of American institutions, illegal attacks on his American political opponents, insult to the memory of John McCain, taunting of Congress, dehumanization of immigrants and asylum seekers, his overt racism, and his 10,000+ documented lies, “No problemo.”
But, betray an ally halfway around the world, that’s “crossing the line.”
LG’s learning the “downside” of enabling a kakistocracy led by a dangerous, deranged clown. But, I’m sure that won’t stop him from serving as Trump’s caddy on their next golf outing, while Kurds are being slaughtered by Turks.
Catherine Rampell Opinion Columnist Washington Post
Catherine writes in the Washington Post:
You’ve heard of the Wars on Drugs, Terror, Poverty, even Women. Well, welcome to the War on Children.
It’s being waged by the Trump administration and other right-wing public officials, regardless of any claimed “family values.”
For evidence, look no further than the report released Wednesday by the Department of Health and Human Services’s own inspector general. It details the trauma suffered by immigrant children separated from their parents under the Trump administration’s evil “zero tolerance” policy.
Thousands of children were placed in overcrowded centers ill-equipped to provide care for them physically or psychologically. Visits to 45 centers around the country resulted in accounts of children who cried inconsolably; who were drugged; who were promised family reunifications that never came; whose severe emotional distress manifested in phantom chest pains, with complaints that “every heartbeat hurts”; who thought their parents had abandoned them or had been murdered.
Such state-sanctioned child abuse was designed to serve as a “deterrent” for asylum-seeking families, as then-Chief of Staff John F. Kelly and other administration officials made clear.
Of course, they failed to recognize just how horrific are the conditions these asylum-seeking children are fleeing — conditions that further decreased HHS’s ability to adequately care for them.
“Staff in multiple facilities reported cases of children who had been kidnapped or raped” back in their home countries, the IG report states. Other children witnessed family members raped or murdered.
But hey, Trump believes these kiddos must be punished further for the crime of seeking refuge — a.k.a., the “invasion” of America.
Despite this and other abundant evidence that government facilities are not able to care for children for extended periods, last month, the administration also announced a new policy that would allow it to keep children (along with their families) in jail-like conditions for longer periods of time.
This is hardly the only way the administration has knowingly enacted policies that harm children.
In August, it finalized a rule that would make it more difficult for immigrants to receive green cards if they have used certain safety-net services they’re legally entitled to — or if government officials suspect they might ever use such services. Confusion and fear about the policy and whom it affects abound. This has already created a “chilling effect” for usage of social services, with immigrant parents disenrolling even their U.S.-citizen children just to be safe.
Last fall, for instance, I interviewed a green-card-holding mother who decided not to enroll her underweight newborn in a program that would have provided free formula (even though the program in question was not mentioned in the rule, and the baby is a U.S. citizen). Huge recent declines in children’s Medicaid and Children’s Health Insurance Program enrollment are also believed to be at least partly a result of fears about this policy change.
If Your Dog Does This, It Could Be Them Signaling A Warning
And lest you think only immigrant or brown children are being targeted in this war: U.S. servicemembers’ children, of all sorts of backgrounds, are being hurt, too.
The Trump administration is siphoning billions from various defense projects to fund border wall construction, despite promises that Mexico would pay for it. This might sound unlikely to affect kids, but somehow the Trump administration found a way. Among the projects losing funds are schools for the children of U.S. servicemembers based in Kentucky, Germany and Japan, and a child-care center at Joint Base Andrews in Maryland.
Trump’s proposed federal budgets have likewise axed funding for other programs that serve children, such as subsidized school meals and Medicaid. Indeed, both federal and state GOP officials more broadly are still working to kill the Medicaid expansion, as well as other Affordable Care Act provisions that benefit kids.
The GOP has likewise ignored the pleas of children who want their lives protected from gun violence, or who want their futures protected from a warming planet.
A year ago, I offered a suggestion : that Democrats make children the theme of their midterm campaign. They mostly ignored me and still did okay. Nonetheless, I’m re-upping it.
Because even without Trump’s baby jails and proposed Medicaid cuts, our country’s emphasis on children’s well- being is seriously deficient.
Last year, for the first time on record, we spent a greater share of the federal budget servicing the national debt than we did on children, according to an analysis out next week from First Focus on Children. Spending on children as a share of the federal budget is also expected to shrink over the coming decade, crowded out by both debt service and spending on the elderly.
This is despite the fact that spending on children (especially low-income children) has among the highest returns on investment of any form of government spending.
Whatever the opposite of Trump’s War on Children is, that’s what Democrats should be running on.
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Thanks, Catherine, for speaking out so clearly and articulately about what has become our #1 National Disgrace: Trump’s War On Human Decency & Future Generations and its sleazy cast of supporting characters like Pence, Kelly, Miller, Nielsen, “Big Mac With Lies,” Homan, Albence, Morgan, “Cooch Cooch,” “Gonzo Apocalypto,” Barr, Cotton, Graham, and others with their glib immorality and disregard for truth, our Constitution, the rule of law, and basic human values.
Who thought the U.S. would ever stoop so low — to use our government’s power and might to abuse defenseless, already traumatized, and highly vulnerable children. (Catherine’s article does’t even get into how, with the help of scofflaw Attorneys General Sessions and Barr and some complacent Article III Judges, the Administration has manipulated asylum law and Immigration “Court” procedures to deny children and other asylum seekers the legal protection to which they are entitled under U.S. and international laws.)
There are many groups out there in the “New Due Process Army” fighting every day against this kind of outrageous behavior by our elected leaders, their corrupt cronies, and their many “go along to get along” enablers in the bureaucracy. Join or donate to one today!
The war to save America and humanity from Trump’s vile and cowardly agenda is one that we can’t afford to lose: For the sake of future generations!
Acting Secretary of Homeland Security Kevin McAleenan testified Tuesday that 90 percent of asylum-seekers tracked under a recently instituted program skipped the hearings in which their cases were to be adjudicated.
Testifying before the Senate Judiciary Committee, McAleenan explained that his department is hampered in its efforts to deter illegal immigration by U.S. laws that allow asylum-seekers to remain on U.S. soil under their own recognizance for months or even years while awaiting a hearing that the vast majority of them simply skip.
“Out of those 7,000 cases, 90 received final orders of removal in absentia, 90 percent,” McAleenan told Senator Lindsey Graham (R., S.C.), referring to the results of a recent DHS pilot program that tracks family units applying for asylum.
“90 percent did not show up?” Graham asked.
“Correct. That is a recent sample from families crossing the border,” McAleenan replied.
https://apple.news/A3pp8Hb9QSA2ZwNpyJnHmPQ
Here’s the truth as compiled by the nonpartisan TRAC on the basis of a case-by-case examination of actual court records:
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE
The latest case-by-case records from the Immigration Courts indicate that as of the end of May 2019 one or more removal hearings had already been held for nearly 47,000 newly arriving families seeking refuge in this country. Of these, almost six out of every seven families released from custody had shown up for their initial court hearing. For those who are represented, more than 99 percent had appeared at every hearing. Thus, court records directly contradict the widely quoted claim that “90 Percent of Recent Asylum Seekers Skipped Their Hearings.”
These findings were based upon a detailed analysis of court hearing records conducted by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. With rare exception virtually every family attended their court hearings when they had representation. Appearance rates at the initial hearing were 99.9 percent. One reason for these higher rates for represented families is that it is an attorney’s responsibility to keep on top of when and where their client’s hearing is scheduled, and communicate these details to them. Thus, even if the court’s notification system fails, the family still finds out where and when to appear for their hearing.
Under our current system, there is no legal requirement that immigrants actually receive notice, let alone timely notice, of their hearing. Given many problems in court records on attendance that TRAC found, and in the system for notifying families of the place and time of their hearings, these appearance rates were remarkably high. TRAC’s examination of court records also showed that there were nearly ten thousand “phantom” family cases on the court’s books. These were cases entered into the Immigration Court’s database system but with little information apart from a case sequence number. The date of the notice’s filing, charges alleged, and particulars on the family were all blank.
Most courts showed patterns very similar to national appearance rates — with represented families’ appearance rates close to 100 percent, and unrepresented families somewhat lower. Full details by nationality and court are available at:
In addition, a number of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through May 2019. For an index to the full list of TRAC’s immigration tools and their latest update go to:
TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:
David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563 trac@syr.edu https://trac.syr.edu
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The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (https://whitman.syr.edu) and the Newhouse School of Public Communications (https://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to https://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.
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Obviously, if McAleenan and the Administration were serious about court appearances, rather than spreading lies and creating chaos, they would work with the pro bono bar and NGOs to establish a universal representation program for asylum seekers. That would achieve nearly 100% compliance with hearing notices while promoting the rule of law and Constitutional Due Process. Not to mention that they should be investing in “quality control” in the issuance of the hearing notices, which all too often are erroneously addressed or improperly served.
Lawyers and improved notice as well as more professional adjudications that actually comply with the generous legal standards for asylum established by Congress and the Supreme Court would be much smarter and better investments than detention, more enforcement officers, bogus in absentia hearings (most based on defective notices), attempting to force asylum seekers to apply or wait in dangerous third countries without functioning asylum systems, and smearing lawful asylum applicants in support of totally unwarranted changes in the law.
Additionally, with lawyers and fair, impartial, and properly trained independent judges, many more of these asylum cases could be granted in short order, thus helping eliminate largely self-created Immigration Court backlogs and unnecessary appeals that burden the system as a result of the Administration’s constant malfeasance (a/k/a “malicious incompetence” resulting in “Aimless Docket Reshuffling”).
In the meantime, McAleenan’s lies, distortions, and misrepresentations under oath should certainly be grounds for a Congressional investigation into why he retains his current position and why DHS is using taxpayer money to falsify data to support a bogus attack on lawful asylum seekers.
Also interesting, but not surprising, that EOIR has 10,000 “phantom family cases” in its system.
Louise Radnofsky and Natalie Andrews report for the WSJ:
WASHINGTON—President Trump will make a fresh bid Thursday to remake U.S. immigration policy, propos-ing an expansion of skills-based visas offset by new restrictions on family members’ immigration—a proposal likely to ignite a dispute over issues that divide political parties and the country.
Mr. Trump is set to unveil an immigration plan devised in part by son-in-law and senior adviser Jared Kushner that incorpo-rates several ideas that have been gaining currency in Republican circles.
Chief among them: a bill crafted by conservative Republicans that would establish a visa system prioritizing immigrants based on criteria such as education, English-language ability and high-paying job offers.
The proposal also would eliminate the diversity-visa lottery long derided by Mr. Trump as well as immigra-tion routes for family members such as siblings. Moreover, it would limit the number of refugees offered permanent residency to 50,000 a year.
. . . .
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Those with WSJ access can read the complete article at the link.
More Trump “smoke and mirrors.” No, it isn’t about “diversity” as one Trump toady falsely claims. Trump eliminates the current diversity visas.
It’s largely about the (likely false) assumption by Trump and others in the GOP that they have cleverly defined “merit” in a restrictive way that will bring in more white, English-speaking, highly-educated individuals from Europe, Canada, Australia, New Zealand, etc. and fewer Africans, Hispanics, Haitians, and Syrians, etc.
Contrary to nativist expectations when the basic current system was enacted in 1965, “immigrants of color” have dramatically increased their share of legal immigration over the past half-century. That has led to a diverse, talented, innovative, dynamic, successful yet “less white” America. According to nativist stereotypes, dumping on family members and refugees and increasing skill, educational, and English-language requirements will result in a “whiter” (that is “more meritorious”) immigrant population going forward.
However, like the nativists of 1965, Trump and his nativists might be surprised by the likely results of their own stereotypical assumptions. Actually, English-speaking immigrants from Africa, Haiti, the Middle East, Mexico, and Venezuela are among the highest skilled and best educated.
Of course, Trump’s elitist proposal also ignores that some of our greatest needs for immigrants pertain to important, but less glamorous, occupations for which neither education nor instant English language skills are a requirement. To keep our economy moving, we actually need more qualified roofers, construction workers, agricultural workers, child care workers, health assistants, security guards, janitors, landscapers, and convenience store operators than we do rocket scientists.
And, no, Tom Cotton and David Purdue, there aren’t enough “American workers” available to fill all these positions, even at greatly increased wages (which, incidentally, your fat cat GOP business supporters have no intention of paying anyway)! How high would the wages have to be to make guys like Cotton and Purdue give up their legislative sinecures (where they do nothing except show up for a few judicial votes on far right candidates scheduled by McConnell) and lay roofs correctly in 100-degree heat?
Rather than working against market forces to artificially restrict the labor supply, those wanting to improve wages and working conditions for American workers should favor higher minimum wages, aggressive enforcement of wage and hour and OSHA laws, and more unions. But, the GOP hates all of those real solutions.
The proposal also ignores “Dreamers,” which is sure to be a sore point with the Democrats. On the other side, it fails to sharply (and mindlessly) slash overall legal immigration levels as demanded by GOP nativists. While this proposal does not directly target children or dump on refugees from the Northern Triangle based on race and nationality, the ever slimier Trump sycophant Lindsey Graham has introduced a bill that promises to do both.
Beyond the purely humanitarian considerations, refugees make huge contributions to our economy and society. So, why would we want to screw them over? Family immigrants arrive not only with skills, but with a “leg up”on adjustment and assimilation. So, why would we want to dump on them?
For the most part, this looks more like a Trump campaign backgrounder or a diversion from his endless stream of lies, unethical behavior, and downright stupid actions that are a constant threat to our national security. What it doesn’t look like is a serious bipartisan proposal to give America the robust, expanded, more realistic, market responsive legal immigration, asylum, and refugee systems we need to secure our borders from real dangers (which doesn’t include most asylum seekers and would-be workers) and move America forward in the 21st century. Without regime change and a sea change that would break the GOP’s minority hold on Congress through the Senate, immigration is likely to remain a mess.
Trump hits back at Chief Justice Roberts, escalating an extraordinary exchange
The president had originally attacked a District Court judge who ruled against his asylum policy as an ‘Obama judge.’
Supreme Court Chief Justice John Roberts and President Donald Trump took swipes at each other Wednesday in an extraordinary exchange over just how partisan federal courts really are.
Roberts said Wednesday morning there are no “Obama judges or Trump judges” after the president attacked the judge who ruled against his attempt to restrict asylum seekers at the border earlier this week.
“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said in a statement. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.”
Later in the afternoon, Trump hit back with two posts on Twitter:
“Sorry Chief Justice John Roberts, but you do indeed have ‘Obama judges,’ and they have a much different point of view than the people who are charged with the safety of our country. It would be great if the 9th Circuit was indeed an ‘independent judiciary,’ but if it is why…..,” the president wrote, followed by: “…..are so many opposing view (on Border and Safety) cases filed there, and why are a vast number of those cases overturned. Please study the numbers, they are shocking. We need protection and security — these rulings are making our country unsafe! Very dangerous and unwise!”
The statement from Roberts, who was appointed by President George W. Bush, was a stark divergence from the chief justice’s stoic aversion to publicly criticizing Trump, even as the president has railed against federal judges who did not rule in his favor.
Carl Tobias, a professor at the University of Richmond School of Law, called Trump’s comments against the judiciary “unprecedented” in modern history and praised Roberts for defending the Judicial branch. Chief justices have historical avoided fighting with the other co-equal branches of government, but Tobias said he was “heartened” by Wednesday’s break from deference to keep Trump in his lane.
“I think it’s great that the chief justice has said something, because the Senate has done nothing on these issues and somebody has to protect the independence of the judiciary,” Tobias said. “So I’m not troubled.”
The Associated Press first reported Roberts’ comments.
Talking to reporters at the White House on Tuesday, Trump criticized Judge Jon Tigar of U.S. District Court in Northern California, who ruled against his policy announced this month that would require migrants to apply for asylum at legal border crossings. Currently, migrants can present themselves to immigration officers after illegally crossing the border and request asylum. Cases from the Northern District of California are appealed to the 9th U.S. Circuit Court of Appeals.
A number of advocacy groups sued the Trump administration shortly after it announced the policy, and Tigar issued a temporary restraining order effectively thwarting the president’s efforts. Trump on Tuesday accused Tigar of being an “Obama judge” and called the 9th Circuit a “disgrace.” Tigar was appointed by President Barack Obama in 2012.
“Every case gets filed in the 9th Circuit because they know that’s not law. They know that’s not what this country stands for. Every case that gets filed in the 9th Circuit, we get beaten.” Trump said. “People should not be allowed to immediately run to this very friendly circuit and then file their case.”
He also said, “The 9th Circuit is really something we have to take a look at because it’s not fair.”
Trump added that he felt confident the case over his asylum policy would go to the Supreme Court where his administration would prevail — similar to his travel ban on citizens of several majority Muslim countries. A modified version of that policy was upheld in the Supreme Court after several challenges in lower federal courts, with Roberts writing the majority opinion in that case.
Even before Trump’s presidency, Republicans have tried to fill federal courts with conservative judges, blocking Obama’s Supreme Court nominee Merrick Garland from getting a Senate vote. Trump ultimately filled the seat left vacant by Justice Antonin Scalia’s death with Justice Neil Gorsuch.
Senate Republicans stalled several of Obama’s appointees to federal courts until former Sen. Harry Reid (D-Nev.) unleashed the “nuclear option” to change Senate rules requiring only a simple majority to approve most federal judicial nominations.
This year, Republicans and Democrats engaged in a dramatic fight over the confirmation of Justice Brett Kavanaugh — Trump’s second nominee to the high court — which was mired in allegations of sexual assault. Both parties accused each other of toying with parliamentary procedure and manipulation in order to block or ram through the confirmation.
Trump has a track record of attacking the judiciary. He disparaged a federal judge in Hawaii last year as practicing “unprecedented judicial overreach” when he blocked an executive order barring entry to citizens of some majority Muslim countries.
In another Wednesday tweet, Trump even toyed with dividing the 9th Circuit into two or three circuits because, he said, it is “too big.”
Trump also lambasted U.S. District Court Judge Gonzalo Curiel, who presided over a class-action lawsuit against the now-defunct Trump University in 2016. Trump called Curiel, who is of Mexican descent and was born in Indiana, a “Mexican judge” to discredit his rulings. House Speaker Paul Ryan (R-Wis.) called the remarks at the time the “textbook definition of a racist comment.”
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I could have told Chief Justice Roberts that his weak-kneed attempt to tell Trump to “cool the rhetoric” and stop “pushing the envelope” in the Travel Ban case would fall on deaf ears. In fact, as I predicted, Trump’s toxic combination of ignorance, arrogance, and corruption was only “fired up” by the disingenuous performance of the Supremes’ majority in that case.
Trump believes that there are now five “bought and paid for GOP Justices,” including Roberts, on the Supremes; he fully intends to exploit and treat them as the same type of cowards and toadies who have done, and continue to do, his dirty work for him in Congress and the Executive Branch.
Statements in support of judicial independence are most welcome and in this case long overdue. But, actions speak louder than words. Until Roberts and the majority of this colleagues start enforcing the Constitution and the rule of law against the all-out assault by a President who neither understands nor believes in American democracy, Trump will continue to treat them as the same type of patsies that he regularly counts on to mindlessly do his bidding (See, e.g., Sen. Chuck Grassley; Sen. Mitch McConnell; Sen. Lindsey Graham; Speaker Paul Ryan, etc.).
The solution is pretty simple: All nine Justices need to pull together in the future (starting now) and “just say no” to Trump’s abuses of the rule of law.
When Wong Kim Ark returned from China to San Francisco, the city of his birth, in August 1895, he was denied entry into the United States on the grounds that even though he had been born in America, the chief immigration official of the United States didn’t believe you could be both Chinese and American. That immigration official, John H. Wise, a prominent Democrat and a son of the South, had been appointed to his position as collector of the customs a few years earlier. Wise called himself a “zealous opponent of Chinese immigration” and set out to vigorously enforce the Chinese Exclusion Act, a 1882 law that banned from America all Chinese laborers. It was the first law ever to block a specific ethnic group from entry into the United States.
Democrats and union leaders were solidly behind the Exclusion Act, seeing as a threat to the white working class the industrious Chinese miners, grocery store owners, vegetable growers and traveling doctors who had populated the West. The Democrats were supported by California’s Workingmen’s Party, founded by a firebrand Irish immigrant named Denis Kearney, who organized raucous and often violent rallies around the state where the crowd would howl “The Chinese Must Go” and call for building a wall on the southern border (sound familiar?) because they believed Chinese immigrants were sneaking in from Mexico, according to archival material.
In San Francisco, Wise embraced all sorts of tactics to stop the Chinese from entering the United States. When confronted with Chinese American citizens, he demanded they provide two white witnesses who could attest to their citizenship. His agents gave English-language tests, history quizzes and geographical exams to those wishing to return to America. Wise took sadistic pleasure in denying Chinese entry, penning poems about court victories to the immigration lawyers he had beaten. “So just to make this poor Wong Fong / feel very good and nice,” went one ditty, “I’ve sent him back to China, where he can eat his mice.”
Wise opposed the idea that Chinese people should be allowed to become Americans in part because the Naturalization Act of 1870 had barred Asians from becoming naturalized Americans, reserving that right only for whites, Native populations and blacks. In 1884, Wise and his agents blocked a Chinese American man from reentering America but lost the case in district court. In August 1895, Wise got his chance again when 21-year-old Wong Kim Ark arrived in San Francisco. Wise claimed that even though Wong had been born in San Francisco in 1873, he was not really a citizen.
The fight for birthright citizenship in America
In 1898, the Supreme Court ruled that citizenship belonged to everyone born on American soil.(The Washington Post)
To defend Wong, the Chinese Benevolent Association hired one of the city’s best attorneys. The U.S. government turned to Henry S. Foote, a former Confederate soldier who had served time as a prisoner of war during the Civil War. Foote asked whether any Chinese “by accident of birth” could ever become citizens if their parents were not and could never become naturalized citizens of the United States.
Trump’s rant about immigrants from “shithole countries” echoed Foote’s argument. Foote noted that Wong’s “education and political affiliations” were “entirely alien” to the United States. He was not and never could become an American, Foote said, but rather a “Chinese person and a subject of the Emperor of China.” Indeed, allowing Wong, who spent five months incarcerated on various steamships off the U.S. coast, into the United States would be dangerous, Foote argued, because Asians “must necessarily be a constant menace to the welfare of our country.”
Foote lost the case in district court, but the government decided to appeal, losing in the Supreme Court in a 6-to-2 decision in March 1898. Following the case, local worthies in San Francisco worried that the decision would tempt America’s minorities to angle for more rights. Two days after the verdict, the San Francisco Chronicle frettedthat Japanese and Native Americans might even demand the right to vote. Perhaps, the paper suggested, an amendment to the Constitution to limit “citizenship to whites and blacks” might roll that back.
Things would not improve for decades for Chinese Americans and for Asian Americans in general. By 1924, the United States had constructed a web of legislation that effectively barred any Asian immigration. It would stay in place until World War II, when the United States was shamed into dismantling the ban by its ally China. Still, Trump and his advisers look to the time when the United States locked its doors to immigration as a golden era. No wonder his rhetoric sounds so familiar.
Leave it to Trump, his supporters, and those who enable him to pump life into a toxic argument has long been a rallying point for xenophobes, racists, restrictionists, and others happy to support an attack on racial minorities in the U.S. Today it’s Hispanics in the crosshairs of the haters; yesterday it was African-Americans and Asians. But, the ugly motivation and the legal manipulations to justify racism and xenophobia remain the same. And no, we can’t disconnect all of the legal arguments from their social context. These aren’t just legal questions; they are moral and political ones. Lending support to Trump and his campaign of hate and racism is what it is.
As Katherine Culliton-Gonzalez said in her excellent article “Born in the Americas: Birthright Citizenship and Human Rights,” published in the Harvard Human Rights Journal in 2012:
Furthermore, none of the legal, academic, and policy debates about
birthright citizenship should be separated from their clear context of attempting
to limit access to citizenship for the children of Latino immigrants.
Human rights law requires such an analysis. The historical context
must also be taken into account. As will be discussed herein, the Fourteenth
Amendment was enacted to prevent discrimination against people of color,
including immigrants of color. For many years, throughout different waves
of immigration, birthright citizenship was the law of the land. It is no
coincidence that birthright citizenship for children of undocumented immi
grants is being seriously challenged now that the 2010 Census found that
23% of children in the United States are Hispanic, and many of their parents
are immigrants. In addition, advocates for retracting birthright citizenship
frequently rely on negative stereotypes about immigrant women. [Citations Omitted].
The Museum of African-American History and Culture is in part a catalog of cruelty. Amid all the stories of perseverance, tragedy, and unlikely triumph are the artifacts of inhumanity and barbarism: the child-size slave shackles, the bright red robes of the wizards of the Ku Klux Klan, the recordings of civil-rights protesters being brutalized by police.
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The artifacts that persist in my memory, the way a bright flash does when you close your eyes, are the photographs of lynchings. But it’s not the burned, mutilated bodies that stick with me. It’s the faces of the white men in the crowd. There’s the photo of the lynching of Thomas Shipp and Abram Smith in Indiana in 1930, in which a white man can be seen grinning at the camera as he tenderly holds the hand of his wife or girlfriend. There’s the undated photo from Duluth, Minnesota, in which grinning white men stand next to the mutilated, half-naked bodies of two men lashed to a post in the street—one of the white men is straining to get into the picture, his smile cutting from ear to ear. There’s the photo of a crowd of white men huddled behind the smoldering corpse of a man burned to death; one of them is wearing a smart suit, a fedora hat, and a bright smile.
The Trump era is such a whirlwind of cruelty that it can be hard to keep track. This week alone, the news broke that the Trump administration was seeking to ethnically cleanse more than 193,000 American children of immigrants whose temporary protected status had been revoked by the administration, that the Department of Homeland Security had lied about creating a database of children that would make it possible to unite them with the families the Trump administration had arbitrarily destroyed, that the White House was considering a blanket ban on visas for Chinese students, and that it would deny visas to the same-sex partners of foreign officials. At a rally in Mississippi, a crowd of Trump supporters cheered as the president mocked Christine Blasey Ford, the psychology professor who has said that Brett Kavanaugh, whom Trump has nominated to a lifetime appointment on the Supreme Court, attempted to rape her when she was a teenager. “Lock her up!” they shouted.Ford testified to the Senate, utilizing her professional expertise to describe the encounter, that one of the parts of the incident she remembered most was Kavanaugh and his friend Mark Judge laughing at her as Kavanaugh fumbled at her clothing. “Indelible in the hippocampus is the laughter,” Ford said, referring to the part of the brain that processes emotion and memory, “the uproarious laughter between the two, and their having fun at my expense.” And then at Tuesday’s rally, the president made his supporters laugh at her.
Even those who believe that Ford fabricated her account, or was mistaken in its details, can see that the president’s mocking of her testimony renders all sexual-assault survivors collateral damage. Anyone afraid of coming forward, afraid that she would not be believed, can now look to the president to see her fears realized. Once malice is embraced as a virtue, it is impossible to contain.
The cruelty of the Trump administration’s policies, and the ritual rhetorical flaying of his targets before his supporters, are intimately connected. As Lili Loofbourow wrote of the Kavanaugh incident in Slate, adolescent male cruelty toward women is a bonding mechanism, a vehicle for intimacy through contempt. The white men in the lynching photos are smiling not merely because of what they have done, but because they have done it together.
Taking joy in that suffering is more human than most would like to admit. Somewhere on the wide spectrum between adolescent teasing and the smiling white men in the lynching photographs are the Trump supporters whose community is built by rejoicing in the anguish of those they see as unlike them, who have found in their shared cruelty an answer to the loneliness and atomization of modern life.
The laughter undergirds the daily spectacle of insincerity, as the president and his aides pledge fealty to bedrock democratic principles they have no intention of respecting. The president who demanded the execution of five black and Latino teenagers for a crime they didn’t commit decrying “false accusations,” when his Supreme Court nominee stands accused; his supporters who fancy themselves champions of free speech meet references to Hillary Clinton or a woman whose only crime was coming forward to offer her own story of abuse with screams of “Lock her up!” The political movement that elected a president who wanted to ban immigration by adherents of an entire religion, who encourages police to brutalize suspects, and who has destroyed thousands of immigrant families for violations of the law less serious than those of which he and his coterie stand accused, now laments the state of due process.
This isn’t incoherent. It reflects a clear principle: Only the president and his allies, his supporters, and their anointed are entitled to the rights and protections of the law, and if necessary, immunity from it. The rest of us are entitled only to cruelty, by their whim. This is how the powerful have ever kept the powerless divided and in their place, and enriched themselves in the process.
A blockbusterNew York Times investigation on Tuesday reported that President Trump’s wealth was largely inherited through fraudulent schemes, that he became a millionaire while still a child, and that his fortune persists in spite of his fumbling entrepreneurship, not because of it. The stories are not unconnected. The president and his advisers have sought to enrich themselves at taxpayer expense; they have attempted to corrupt federal law-enforcement agencies to protect themselves and their cohorts, and they have exploited the nation’s darkest impulses in the pursuit of profit. But their ability to get away with this fraud is tied to cruelty.
Trump’s only true skill is the con; his only fundamental belief is that the United States is the birthright of straight, white, Christian men, and his only real, authentic pleasure is in cruelty. It is that cruelty, and the delight it brings them, that binds his most ardent supporters to him, in shared scorn for those they hate and fear: immigrants, black voters, feminists, and treasonous white men who empathize with any of those who would steal their birthright. The president’s ability to execute that cruelty through word and deed makes them euphoric. It makes them feel good, it makes them feel proud, it makes them feel happy, it makes them feel united. And as long as he makes them feel that way, they will let him get away with anything, no matter what it costs them.
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I could see it in the mindless clapping, revolting laughter, and sickening glee in the eyes of the ugly, overwhelmingly White crowd (many of them women, although a few of the women didn’t seem amused) behind Trump as he denigrated and mocked Christine Blasey Ford this week.
Also in the angry, distorted snarl of Sen. Lindsey Graham as he absurdly called the Kavanaugh hearings “the most unethical” performance (LG, my man, where were you when Mitch, you, and your colleagues totally stiffed a much better qualified Obama appointment, , without even giving him the courtesy of a hearing?).
Also in the incredibly arrogant, partisan, rude, condescending, and openly misogynistic way that Kavanaugh treated Senator Amy Klobuchar’s totally reasonable inquiry. Would Senator Susan Collins still have voted for “BKavs” if he had treated her that way? I doubt it! But, I guess her women colleagues don’t matter. And, it appears that “Chairman Chuckie” Grassley doesn’t really need or want any GOP women on his “Old Boys Club” (a/k/a Senate Judiciary Committee.) Only Democrat women can hack the stress and workload of serving on a daily basis with the GOP misogynists.
What do you call a party whose “base” glories in the pain and suffering of others? The 21st Century GOP!
It’s an existential threat to the future of our country! If decent folks don’t start using the ballot box to remove the GOP from power at every level, it might be too late for the majority of us to take our country back from the misguided minority who have taken power! Get out the vote in November!
The standard to keep in mind regarding the confirmation of a Supreme Court Justice is found in 28 U.S.C. section 455(a): “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
Let’s set aside for now the fact that as drafted, the statute seems to apply only to men (did Congress really not envision women judges?). Comments have been made recently about Supreme Court nominee Brett Kavanaugh being “innocent until proven guilty.” That’s actually the standard for a defendant in a criminal trial. Because we as a society recognize how terrible it would be to send an innocent person to jail, possibly for many years, our legal system has established a standard that is willing to allow many who are guilty of crimes to go free, because we find that result preferable to ruining the life of an innocent person through wrongful conviction. Therefore, where the evidence establishes, for example, an 85 percent likelihood that the defendant committed the crime, a finding of not guilty is warranted, as the remaining 15% constitutes “reasonable doubt.” Of course, wrongful convictions still happen in practice, but nevertheless, the theory behind a presumption of innocence and a standard of “beyond a reasonable doubt” in criminal proceedings remains a noble one.
Not being allowed to serve as a Supreme Court justice is a far, far cry from being convicted of a crime and sent to prison. Realize that there are only nine people in the whole country who are Supreme Court justices. Many who have never been appointed to the Supreme Court have nevertheless gone on to lead happy, productive lives; some have amassed significant wealth, others have even held positions of trust and respect in society.
In choosing a Supreme Court justice, the ideal candidate is not someone who hasn’t been proven guilty beyond a reasonable doubt of some horrible act. Rather, it’s someone whose impartiality is beyond questioning. This is because in a democracy, faith in our judicial institutions is paramount. Society will abide by judicial outcomes that they disagree with if they believe that the “wrong” result was made by impartial jurists who were genuinely trying to get it right. Abiding by unpopular judicial decisions is the key to democracy. It is what prevents angry mobs from taking justice into their own hands. In the words of Balzac, “to distrust the judiciary marks the beginning of the end of society.”
A primary reason Republicans are so anxious to “plow through” (as Mitch McConnell, using the rapiest terminology imaginable, unfortunately phrased it) the nomination of Kavanaugh is because of how he might rule on abortion rights, an issue of great importance to the party’s base. Nearly all of the Republican Senators seem to believe that as long as Kavanaugh has not been found guilty beyond a reasonable doubt of attempted rape, then he is fully qualified to serve as the deciding vote in taking away a right that has been constitutionally guaranteed to women for the past 45 years.
However, the three Republican Senators who at the last second requested an FBI investigation into the charges against Kavanaugh may have realized that their colleagues were not applying the correct standard. Abortion rights involve a woman’s right to control her own body. Yesterday, the country heard very detailed and articulate testimony from a highly credible and courageous witness. What she described involved her being deprived of the right to control her own body, by a male who physically pinned her down, covered her mouth when she tried to scream for help, and tried to forcibly remove her clothing against her will. Her violator then added insult to injury by laughing at her in a way that still haunts her to this day. The credible witness stated that she was 100 percent certain that the male who violated her rights in this despicable way was Kavanaugh.
The evidence goes directly to the question of the candidate’s view of a woman’s right to control her own body. The question that Senators should be considering is how much public trust there will be in the impartiality of a decision that involves such right in light of the past actions of the justice casting the potential deciding vote.
Senators who will nevertheless vote for Kavanaugh will say that in spite of the testimony, they cannot be sure of his guilt. Or they may state that they are strongly convinced of his innocence. Regardless, many people might reasonably question Kavanaugh’s impartiality based on the evidence they have heard. (And remember, there have been two other women leveling similar accusations as well). Even those who believe him innocent should at this point realize that in light of public perception, the appearance of impropriety should disqualify Kavanaugh from consideration.
Should those Senators deciding the issue ignore the above, we will all likely live with the consequences for decades to come. Although it would not undo the damage, let us hope the public will respond quickly and decisively in voting the offenders out of office in November.
Copyright 2018 Jeffrey S. Chase. All rights reserved.
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Others agree with Jeffrey:
Here’s what the NY Times Editorial board had to say:
The editorial board represents the opinions of the board, its editor and the publisher. It is separate from the newsroom and the Op-Ed section.
Pool photo by Saul Loeb
What a study in contrasts: Where Christine Blasey Ford was calm and dignified, Brett Kavanaugh was volatile and belligerent; where she was eager to respond fully to every questioner, and kept worrying whether she was being “helpful” enough, he was openly contemptuous of several senators; most important, where she was credible and unshakable at every point in her testimony, he was at some points evasive, and some of his answers strained credulity.
Indeed, Dr. Blasey’s testimony before the Senate Judiciary Committee on Thursday was devastating.
With the eyes of the nation on her, Dr. Blasey recounted an appalling trauma. When she was 15 years old, she said, she was sexually assaulted by Judge Kavanaugh, then a 17-year-old student at a nearby high school and now President Trump’s nominee to the Supreme Court.
Her description of the attack, which she said occurred in a suburban Maryland home on a summer night in 1982, was gut-wrenchingly specific. She said Judge Kavanaugh and his friend, Mark Judge, both of whom she described as very drunk, locked her in a second-floor room of a private home. She said Kavanaugh jumped on top of her, groped her, tried to remove her clothes and put his hand over her mouth to keep her from screaming. She said she feared he might accidentally kill her.
“The uproarious laughter between the two and their having fun at my expense,” she said, was her strongest memory.
Judge Kavanaugh, when it was his turn, was not laughing. He was yelling. He spent more than half an hour raging against Senate Democrats and the “Left” for “totally and permanently” destroying his name, his career, his family, his life. He called his confirmation process a “national disgrace.”
“You may defeat me in the final vote, but you will never get me to quit,” Judge Kavanaugh said, sounding like someone who suddenly doubted his confirmation to the Supreme Court — an outcome that seemed preordained only a couple of weeks ago.
Pool photo by Erin Schaff
Judge Kavanaugh’s defiant fury might be understandable coming from someone who believes himself innocent of the grotesque charges he’s facing. Yet it was also evidence of an unsettling temperament in a man trying to persuade the nation of his judicial demeanor.
We share the sorrow of every sensible American who feels stricken at the partisan spectacle playing out in Washington. Judge Kavanaugh was doubtless — and lamentably — correct in predicting that after this confirmation fight, however it ends, the bitterness is only likely to grow. As he put it in his testimony, “What goes around, comes around,” in the partisan vortex that has been intensifying in Washington for decades now. His open contempt for the Democrats on the committee also raised further questions about his own fair-mindedness, and it served as a reminder of his decades as a Republican warrior who would take no prisoners.
Judge Kavanaugh’s biggest problem was not his demeanor but his credibility, which has been called in question on multiple issues for more than a decade, and has been an issue again throughout his Supreme Court confirmation process.
On Thursday, he gave misleading answers to questions about seemingly small matters — sharpening doubts about his honesty about far more significant ones. He gave coy answers when pressed about what was clearly a sexual innuendo in his high-school yearbook. He insisted over and over that others Dr. Blasey named as attending the gathering had “said it didn’t happen,” when in fact at least two of them have said only that they don’t recall it — and one of them told a reporter that she believes Dr. Blasey.
Judge Kavanaugh clumsily dodged a number of times when senators asked him about his drinking habits. When Senator Amy Klobuchar gently pressed him about whether he’d ever blacked out from drinking, he at first wouldn’t reply directly. “I don’t know, have you?” he replied — a condescending and dismissive response to the legitimate exercise of a senator’s duty of advise and consent. (Later, after a break in the hearing, he apologized.)
Judge Kavanaugh gave categorical denials a number of times, including, at other points, that he’d ever blacked out from too much drinking. Given numerous reports now of his heavy drinking in college, such a blanket denial is hard to believe.
In contrast, Dr. Blasey bolstered her credibility not only by describing in harrowing detail what she did remember, but by being honest about what she didn’t — like the exact date of the gathering, or the address of the house where it occurred. As she pointed out, the precise details of a trauma get burned into the brain and stay there long after less relevant details fade away.
She was also honest about her ambivalence in coming forward. “I am terrified,” she told the senators in her opening remarks. And then there’s the fact that she gains nothing by coming forward. She is in hiding now with her family in the face of death threats.
Perhaps the most maddening part of Thursday’s hearing was the cowardice of the committee’s 11 Republicans, all of them men, and none of them, apparently, capable of asking Dr. Blasey a single question. They farmed that task out to a sex-crimes prosecutor named Rachel Mitchell, who tried unsuccessfully in five-minute increments to poke holes in Dr. Blasey’s story.
Eventually, as Judge Kavanaugh testified, the Republican senators ventured out from behind their shield. Doubtless seeking to ape President’s Trump style and win his approval, they began competing with each other to make the most ferocious denunciation of their Democratic colleagues and the most heartfelt declaration of sympathy for Judge Kavanaugh, in a show of empathy far keener than they managed to muster for Dr. Blasey.
Pressed over and over by Democratic senators, Judge Kavanaugh never could come up with a clear answer for why he wouldn’t also want a fair, neutral F.B.I. investigation into the allegations against him — the kind of investigation the agency routinely performs, and that Dr. Blasey has called for. At one point, though, he acknowledged that it was common sense to put some questions to other potential witnesses besides him.
When Senator Patrick Leahy asked whether the judge was the inspiration for a hard-drinking character named Bart O’Kavanaugh in a memoir about teenage alcoholism by Mr. Judge, Judge Kavanaugh replied, “You’d have to ask him.”
Asking Mr. Judge would be a great idea. Unfortunately he’s hiding out in a Delaware beach town and Senate Republicans are refusing to subpoena him.
Why? Mr. Judge is the key witness in Dr. Blasey’s allegation. He has said he has no recollection of the party or of any assault. But he hasn’t faced live questioning to test his own memory and credibility. And Dr. Blasey is far from alone in describing Judge Kavanaugh and Mr. Judge as heavy drinkers; several of Judge Kavanaugh’s college classmates have said the same.
None of these people have been called to testify before the Senate. President Trump has refused to call on the F.B.I. to look into the multiple allegations that have been leveled against the judge in the past two weeks. Instead the Republican majority on the committee has scheduled a vote for Friday morning.
There is no reason the committee needs to hold this vote before the F.B.I. can do a proper investigation, and Mr. Judge and possibly other witnesses can be called to testify under oath. The Senate, and the American people, need to know the truth, or as close an approximation as possible, before deciding whether Judge Kavanaugh should get a lifetime seat on the nation’s highest court. If the committee will not make a more serious effort, the only choice for senators seeking to protect the credibility of the Supreme Court will be to vote no.
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Emily Bazelon of the NY Times Sunday Magazine wasn’t convinced by BKavs either:
Twice as a reporter, I’ve interviewed women who have accused men of sexual assault and the men they accused. In both cases, the women looked me in the eye and told me about how they’d been raped, and then the men looked me in the eye and told me they’d never raped anyone. All four people spoke with force and emotion. In the moment, I wanted to believe each one. It’s uncomfortable to imagine that someone who seems wholly sincere is not. It’s confusing — it seems unfeeling — to turn away from someone who makes a vehement claim of truth.
If you watched Thursday’s hearing, in particular Christine Blasey Ford’s opening statement and Brett Kavanaugh’s, maybe you know what I mean. So then what? As a reporter, I looked for corroborating evidence as a means of assessing each person’s veracity. What else could I find out, and how did their accounts stack up against that? This is how investigators do their work. They find out as much as they can about the surrounding circumstances. Then it’s up to judges to weigh the facts and decide which account is most credible.
Judge Kavanaugh didn’t sound as if he was thinking like a judge. His partisan attack on Democrats wasn’t judicial, in any sense of the word. His approach to evidence wasn’t either.
The difficulty for holding Judge Kavanaugh accountable for what Dr. Blasey says was her assault is the lack of a certain kind of corroboration for her account. The other people she has named who were at the small gathering where she says the assault took place don’t remember such a gathering. Two of them are Judge Kavanaugh’s high school friends. One of them is Dr. Blasey’s friend.
But there’s no reason any of them would have remembered such a gathering. She says it was a spur-of-the-moment get-together, after swimming and before a party to come. And it took place 36 years ago. The gathering she describes is also consistent with one of Judge Kavanaugh’s calendar entries about drinking with his friends.
We also have more than Dr. Blasey’s word. Years ago, she talked about this assault, and named Judge Kavanaugh, with her husband and her therapist, and at a later time, she told a few close friends. They back her up on this. One memorable detail from her testimony has the ring of truth, in its specificity: Her assault came up in couples therapy with her husband because the traumatic memory triggered anxiety and claustrophobia, and that made her insist on adding a second front door to her house, to his understandable confusion. This is not the kind of fact a person makes up.
Dr. Blasey was firm about closing a door that would allow us to reconcile her accusation and Judge Kavanaugh’s denial. She is not mixed up about the identity of her assailant, she said. She is “100 percent certain” it was Judge Kavanaugh. The comfortable path for the judge’s supporters — believe she was assaulted, disbelieve he committed the assault — is gone. Her certainty was a pillar of the testimony she put the full weight of herself behind — her professional identity, her character, the careful consideration and precision about facts that was evident as she spoke.
Judge Kavanaugh refused to open another door that would allow the public, and the Senate, to reconcile these accounts of accusation and denial. He ruled out the possibility that he could not remember assaulting Dr. Blasey because he blacked out or was otherwise incapacitated by drinking. He was just as adamant about categorically denying the other sexual misconduct he has been accused of by two other women.
Judge Kavanaugh also didn’t much back off his denials of being a hard drinker or an aggressive drunk. This is his big weakness, stacked against other facts that have been gathered. Several classmates from his college days at Yale paint an entirely different picture of him as a drinker than the innocent one he offered of being a person who “likes beer.” So do his own yearbook entries and speeches. If you’re a judge who believes in strictly reading a text for its plain meaning, as Judge Kavanaugh says he is, his dismissals and wispy explanations aren’t persuasive.
If you’re thinking like a judge aiming to discover the truth, it’s also hard (impossible?) to justify the lack of a neutral investigation and the absence of other witnesses, beginning with Mark Judge, the friend of Judge Kavanaugh’s, whom Dr. Blasey says saw and participated in the assault, but not ending with him.
The task of a judge or a Supreme Court justice is to seek the truth. The most important qualities for the job are probity and veracity. Nobody was on trial at the Senate Judiciary Committee. But only one person — Judge Kavanaugh — was asking to be elevated to the highest court in the land.
Emily Bazelon is a staff writer at the magazine and the Truman Capote Fellow for Creative Writing and Law at Yale Law School. She is also a best-selling author and a co-host of the Slate Political Gabfest, a popular podcast.
Supreme Court nominee Brett Kavanaugh testifies before the Senate Judiciary Committee on Thursday.
Jim Bourg/AFP/Getty Images
On Thursday, after listening to testimony from Supreme Court nominee Brett Kavanaugh and his accuser, Christine Blasey Ford, several Republican senators said they would vote to confirm the nominee because it’s impossible to determine which witness—Ford or Kavanaugh—is telling the truth. Actually, it’s easy. We don’t know for certain whether Kavanaugh sexually assaulted Ford. But we do know that Kavanaugh lied repeatedly in his testimony to the Senate Judiciary Committee. Here are some of his lies.
1. “It’s been investigated.” The White House has ignored multiple requests from Democratic senators to authorize FBI interviews with the alleged witnesses in the case. In particular, there has been no FBI or Judiciary Committee interview with Mark Judge, Kavanaugh’s accused accomplice in the alleged assault. In fact, Judge has fled to a hideout in Delaware to avoid being called to testify.
During the hearing, several Democratic senators pleaded with Kavanaugh to call for FBI interviews so that the truth could be resolved. Kavanaugh refused. When Sen. Chris Coons pointed out that the FBI had needed only a few days to complete interviews in the Clarence Thomas–Anita Hill case, Kavanaugh said even that was too much, because the Judiciary Committee had already examined his case. “It’s been investigated,” he told Coons.
No honest judge would say that. None of the alleged witnesses, other than Ford and Kavanaugh, has been interviewed. Instead, the alleged witnesses have issued short statementsof nonrecollection and have asked not to testify. The committee’s Republican majority, eager to brush the case aside, has accepted these statements and has refused to ask further questions. In his testimony, Kavanaugh falsely claimed that FBI interviews would add nothing. Agents would “just go and do what you’re doing,” he told the senators.
Kavanaugh claimed that a vague statement of nonrecollection from Judge’s lawyer was sufficient “testimony.” He dismissed calls for Judge to appear before the committee, arguing that his own testimony was adequate. But Kavanaugh also mocked the committee’s Democrats, who lack the power of subpoena, by telling them to go talk to Judge. When Sen. Patrick Leahy asked whether Bart O’Kavanaugh, a drunken character in Judge’s book, was meant to represent Brett Kavanaugh, the nominee passed the buck to his testimony-evading friend: “You’d have to ask him.”
2. “All four witnesses say it didn’t happen.” Each time senators pleaded for an FBI review or a more thorough investigation by the committee, Kavanaugh replied that it wasn’t necessary, since all the people Ford claimed had been at the gathering where the alleged assault occurred had rejected her story. Eight times, Kavanaugh claimed that the witnesses “said it didn’t happen.” Three times, he said the witnesses “refuted” Ford’s story. Four times, Kavanaugh claimed that “Dr. Ford’s longtime friend,” Leland Keyser, had affirmed that the gathering never occurred.
That’s a lie. Keyser has stated that she doesn’t recall the gathering—she was never told about the attack, and she was supposedly downstairs while it allegedly occurred upstairs—but that she believes Ford’s story. That isn’t corroboration, but it isn’t refutation or denial, either. During the hearing, Sen. Cory Booker pointed this out to Kavanaugh, reminding him that in an interview with the Washington Post, Keyser “said she believes Dr. Ford.” Kavanaugh ignored Booker’s correction. Ninety seconds later, the nominee defiantly repeated: “The witnesses who were there say it didn’t happen.”
3. “I know exactly what happened that night.”Kavanaugh made several false or widely contradicted statements about his use of alcohol. This is significant because Judge has admitted to drunken blackouts, which raises the possibility that Judge and Kavanaugh don’t remember what they did to Ford. During the hearing, Sen. Richard Blumenthal asked about Kavanaugh’s participation in a night of drunken revelry at Yale Law School. Kavanaugh assured Blumenthal, “I know exactly what happened the whole night.” Later, Booker asked Kavanaugh whether he had “never had gaps in memories, never had any losses whatsoever, never had foggy recollection about what happened” while drinking. Kavanaugh affirmed that he had never experienced such symptoms: “That’s what I said.”
These statements contradict reports from several people who knew Kavanaugh. Liz Swisher, a friend from Yale, says she saw Kavanaugh drink a lot, stumble, and slur his words. “It’s not credible for him to say that he has had no memory lapses in the nights that he drank to excess,” she told the Washington Post. And in a speech four years ago, Kavanaugh described himself and a former classmate “piecing things together” to figure out that they’d “had more than a few beers” before an alcohol-soaked banquet at Yale Law School.
4. “I’m in Colorado.” As evidence that the charges against him were ludicrous, Kavanaugh told the committee that he had been falsely accused of committing an assault more than 1,500 miles away. He claimed that according to his accusers, “I’m in Colorado, you know, I’m sighted all over the place.” But a transcript of Kavanaugh’s Sept. 25 interview with Judiciary Committee staffers shows no claim of an offense in Colorado. The transcript says that according to a woman from Colorado, “at least four witnesses” saw Kavanaugh shove a woman “up against the wall very aggressively and sexually” in 1998. But Kavanaugh was specifically told during the interview that the scene of the alleged incident was in D.C., where he was living at the time.
Kavanaugh also told other whoppers. He claimed that his beer consumption in high school was legal because the drinking age in Maryland was 18. In reality, by the time he was 18, the drinking age was 21. He claimed that his high school yearbook reference to the “Beach Week Ralph Club” referred in part to his difficulty in holding down “spicy food.” He claimed that the entry’s jokes about two sporting events he and his high school buddies had watched—“Who won that game, anyway?”—had nothing to do with booze. And he defended his refusal to take a polygraph test on the grounds that such tests aren’t admissible in federal courts—neglecting to mention that he had endorsed their use in hiring and law enforcement.
Maybe Kavanaugh is an honest man in other contexts. Maybe he’s a good husband, a loving dad, and an inspiring coach. And maybe there’s no way to be certain that he assaulted Ford. But one thing is certain: He lied repeatedly to the Judiciary Committee on Thursday. Some of his lies, about the testimony of witnesses and the integrity of investigations, go to the heart of our system of justice. Any senator who votes to put this man on the Supreme Court is saying that such lies don’t matter.
Photo illustration by Slate. Photos by Drew Angerer/Getty Images and Andrew Harnik-Pool/Getty Images.
At this moment of feverishly intense partisanship, it takes a great deal of courage to tiptoe away from your own tribe. Sen. Jeff Flake has not yet announced that he is willing to part for good; in the end, he may yet betray his professed principles and cast his vote to confirm Brett Kavanaugh. And yet, we should not underestimate how much strength it took for him to demand an investigation into Christine Blasey Ford’s serious allegations of sexual assault and delay the judge’s confirmation by at least a week. For now, he has proved to be one of the few people in the Senate—and perhaps one of the few in the whole country—who have insisted on taking Ford’s allegations seriously even though he actually shares most of Kavanaugh’s judicial views.
For the sake of our country, all of us should now hope that the FBI manages to uncover conclusive evidence that either supports or dispels Ford’s accusations. Unfortunately, that seems unlikely. So the big risk we now face is that the same hell we have lived through for the past 48 hours will be repeated in even more farcical form next week. And that is why it’s very important to use this time to reflect seriously on how judicious people—and perhaps especially senators like Flake who profess to be conscientious conservatives—should vote if they have not made up their mind about the allegations.
It is painfully obvious that most Republican senators will vote to confirm Kavanaugh if the allegations against him are anything short of iron-clad; indeed, one shocking poll suggests that a majority of Republicans voters, and nearly half of evangelicals, would support his confirmation even if they did believe that he is guilty. It is also obvious that most Democrats will vote against his confirmation even in the unlikely case that the FBI should somehow manage to disprove Ford’s allegations; indeed, Kavanaugh’s extreme views on executive power provide a strong reason for any defender of liberal democracy to oppose his nomination. And yet, I think that one very important consideration has largely been overlooked.
Let us assume, for the sake of argument, that Kavanaugh is an innocent man. If that’s the case, the raw anger he displayed during Thursday’s confirmation hearing is certainly understandable. While we might wish for a public figure to keep his poise even when his reputation is being impugned, it is perfectly human to lose your countenance under such circumstances.
But even under that charitable interpretation, Kavanaugh’s performance in front of the Senate Judiciary Committee makes him eminently unfit to sit on the highest court of the land.
Kavanaugh’s confirmation would not just be a disaster in itself; it would also be a strong reason to become even more pessimistic about the future of Americanpolitics.
A justice on the Supreme Court has to rule on a whole host of issues that are of huge partisan significance: If he is confirmed, he will have to settle substantive questions of public policy—from abortion rights to the health care mandate—on which Democrats and Republicans have hugely differing preferences. Just as importantly, he will also help to set the parameters that are supposed to ensure that Democrats and Republicans can appeal for the votes of their fellow citizens on fair terms.
But how can somebody who has accused Democrats of a “calculated and orchestrated political hit” be seen as impartial when he rules on a gerrymandering case that could deliver a huge advantage to Republicans? How can somebody who describes serious allegations of sexual assault as “revenge on behalf of the Clintons” be expected to give both sides a fair hearing if the outcome of a presidential election should once again be litigated in front of the Supreme Court? And how can somebody who denounces the “frenzy on the left” to derail his nomination be trusted to ensure that the left’s most vocal enemy, Donald Trump, does not overstep the bounds of his constitutional authority?
Because of Mitch McConnell’s refusal to hold hearings on the confirmation of Merrick Garland during the last year of Barack Obama’s presidency, the current composition of the Supreme Court is already tainted. Now, the confirmation of as nakedly partisan a jurist as Kavanaugh would go a long way toward destroying whatever remains of the Supreme Court’s legitimacy. And this would not only tank the trust Americans have in the last branch of government that has, according to polls, consistently been more popular than secondhand car salesmen; it also significantly raises the likelihood that Democrats will engage in yet another round of tit for tat.
Precisely because partisans need to be able to trust that courts can enforce the rules for fair political competition between them and their adversaries, attempts by a political party to change the ideological makeup of the judiciary are extremely dangerous to the survival of democratic institutions. That’s why (direct or indirect) court-packing schemes have been key elements of the authoritarian takeovers in Russia, Turkey, and Venezuela. And it’s also why the current governments in Poland and Hungary are playing constitutional hardball to ensure that judges they appoint command a majority on the most important courts in their respective countries.
There can therefore be little doubt that any attempt by Democrats to pack the Supreme Court, for example, by expanding its size, would be another step in a tit-for-tat spiral at whose end autocracy awaits. And yet, recent events will make it very hard for those voices within the Democratic Party that recognize this danger to prevail. If one side is so willing to abuse precedent and decency to, as Kavanaugh might put it, screw the libs, it becomes very difficult for the other side not to reciprocate in kind.
This is why Kavanaugh’s confirmation would not just be a disaster in itself; it would also be a strong reason to become even more pessimistic about the future of American politics. The GOP and Trump are now more fully aligned than ever. Our country’s partisan divide is deeper than it has been in living memory. The mutual hatred and incomprehension is more acute than it has been in decades. If Kavanaugh is confirmed, it’s very, very difficult to envisage what path could possibly lead us out of this nightmare.
Jeff Flake has acted with much more courage and decency than most liberals care to admit. But the responsibility that now rests on his—and Sen. Lisa Murkowski’s and Sen. Susan Collins’—shoulders is even greater than he might realize.
Photo illustration by Slate. Photos by Erin Schaff-Pool/Getty Images and Gabriella Demczuk-Pool/Getty Images.
When Thursday’s Senate Judiciary Committee hearing on the nomination of Judge Brett Kavanaugh was over, it wasn’t quite clear what had hit those of us who’d been sitting in the room. The hearing room in Dirksen is tiny, and while the slammed binder and the escalating shouting of the nominee might have looked pretty dramatic on TV, inside the chamber, the effect was that of an out-of-control house party. Too loud, too scary, too close, too real. Like being locked inside something terrible with the music cranked up.
Anita Hill once told me that, in 1991, Clarence Thomas had race and she had only gender. But now, in 2018, Brett Kavanaugh had rage and Christine Blasey Ford had only gender. With the Senate Judiciary Committee moving on Friday to advance Kavanaugh’s nomination to the full Senate without any further inquiry around Blasey Ford’s damning and plainly credible testimony that Kavanaugh had gleefully and drunkenly sexually assaulted her at a 1982 house party as his buddy Mark Judge watched, it appears as though his rage alone will have been enough to earn him life tenure on the highest court in the land.
The dynamic of Thursday’s hearing was consistent: He had fury, and contempt, and seething threats that the republic would pay if he were thwarted. She had to functionally lie back and try not to infuriate anyone, as Republicans cowered behind the female prosecutor, Rachel Mitchell, they had brought on to interrogate her. That was until it was Kavanaugh’s turn to speak, when they quickly jettisoned that paper-thin pretense of investigative “independence” and joined Kavanaugh to form a chorus of angry shouting men. They towered silently over Mitchell for the first half of the hearing, then summarily ignored her when she wasn’t offering questions fast or furious enough to protect their nominee.
At least Anita Hill was insulted, demeaned, and discredited to her face. Ford was patronized, thanked, and told that she was very, very credible. Over and over she was told she’d been given a “safe space” to tell her story; as if a safe space substitutes for reasoned process and investigation. She was given a safe space and then dismissed as though she were some character in a very sad French movie that had been very affecting indeed but had nothing to do with the great man and his destiny. After presenting an undeniable narrative—and one the nobody ever really attempted to specifically refute—she was told that her credibility didn’t count for anything because a man was bellowing and injured, that whatever had happened to her was not as important as his pain. And Senate Republicans—having tucked Mitchell back into her naughty chair—were delighted to bellow and yelp of horrid injuries they too had sustained alongside their guy.
Of course, the purported wrong was the process. Again, the villain of the piece was Judiciary Committee ranking member Sen. Dianne Feinstein, who had kept Ford’s July letter outlining one of Kavanaugh’s alleged crimes in confidence at her request until eventually forwarding it to the FBI for inquiry earlier this month. Don’t be fooled, though: Feinstein would have been screamed at just as furiously had she come forward weeks or months earlier with Ford’s report, and another pretext for dismissing Ford and her witnesses would have been concocted.
At least Anita Hill was insulted, demeaned, and discredited to her face.
As GOP rage gathered steam, we were told that this needed to be treated as a criminal proceeding—innocent until proven guilty—and the Republicans contended that there was no evidence of criminal conduct. But, of course there was evidence: compelling firsthand testimony and numerous supporting accounts. And of course, they refused to subpoena the key witness to the event, opting instead for the “we take his word for it” route of investigation by registered letter. The “hearing,” as expected, had been staged as a puppet show of “credibility.” And absent witnesses, or evidence, or any mechanism for fact finding, both sides could be called credible and Brett Kavanaugh could still be confirmed. On Friday, Sen. Jeff Flake—perhaps the Senate’s greatest profile in cowardice masquerading as courage—said that he would cast the key vote to advance Kavanaugh’s nomination out of the committee. Despite the lack of anything resembling a meaningful investigation, which Ford and the other women who have accused Kavanaugh of sexual violence have repeatedly requested, and the judge has repeatedly declined to request, it now appears Kavanaugh will be confirmed. His fate rests in the hands of Sens. Susan Collins, Lisa Murkowski, and Joe Manchin.* Given her mind-bending bravery and likely folk-hero status, one hopes that Ford will not now come to believe that her decision was made in vain. But it was impossible on Friday morning not to think of her own description of her reluctance to come forward out of fear that she would “just be jumping in front of a train that was headed to where it was headed anyway.”
Ultimately, he had rage and she had gender, and a “job interview” was recast as though it would result in a lifelong criminal conviction with a death sentence on the line for the man in the dock. Calling no witnesses and accepting no supporting testimony were a perfect way to ensure that he would be innocent of all charges. She had gender. They were sorry for her loss.
Brett Kavanaugh is never going to understand that women don’t sort themselves into those upon which he bestows his munificence (clerks, girls in plaid skirts) and those he can shout at, and bully, like Feinstein and Sen. Amy Klobuchar. Feminism doesn’t mean you get to pick which women you patronize and which you can insult. Brett Kavanaugh is also unlikely to understand that justice doesn’t mean demanding your lifetime appointment because it’s your time.
Put aside whether any sane litigant can have any confidence in the justice system after the man who will be the decisive vote on the court made it manifestly clear that he believes half the country, and the media, and liberal dark money were all in on a conspiracy to take him out. Because of the Clintons. This wasn’t ultimately a hearing about whether Kavanaugh deserved to be elevated to the high court. It was a blind partisan tantrum in which he dragged the judicial branch down to a place of ugliness and rancor from which it will not soon recover.
Others have detailed the incomplete answers, the fact that he wasn’t questioned correctly about his calendar, the ways in which his claims that he had been exonerated by other witnesses were absolutely distorted, and the laughable claims about his well-documented and widely known drinking and his “sensitive stomach.” While Ford offered exacting answers, Kavanaugh repeated half-truths and conspiracy theories and sneered and slammed through a fog of rage. It was a perfect contrast not just to Ford’s conduct, but to that of Merrick Garland, who never said a word when the seat to which he was entitled was yanked away.
There were two distinct moods in the Kavanaugh hearing: Ford evoked undistilled sadness and vulnerability; Kavanaugh evoked raw fear that if he were ever crossed, he would lose control. Do. Not. Make. Him. Angry. is the new judicial temperament. It is the perfect metaphorical springboard to the highest court in the land, where he will say he’s calling balls and strikes while he froths with contempt at those he believes coordinated against him: Be very afraid. This is what we will call “justice” now.
Correction, Sept. 28, 2018: Due to an editing error, this post originally misstated that Collins, Murkowski, and Manchin were said to be voting in a bloc with Flake.
At the time, I surmised (quite correctly in retrospect) that BKavs’s willingness to distort the law was motivated to some extent by his desire to burnish his reactionary credentials for the Supreme Court appointment for which he was groomed by the GOP right wing and to which he and his supporters have always believed he is entitled. Nothing comes through from BKavs and the GOP Senators supporting him more than an arrogant sense that he is absolutely entitled to this appointment.
So, how do I come down on the BKavs mess? Well, I suspect that the results of the FBI investigation will be inconclusive. That being the case, the GOP will confirm him and he will become Justice Kavanaugh.
That being said, I thought that his emotional partisan attack on Democratic Senators, his overt rudeness to Sen. Amy Klobuchar, and his unsupported “conspiracy theory” re the Clintons showed that he is exactly what his critics have been saying all along: an injudicious and disingenuous partisan.
No matter what really happened with Ford, he is “damaged goods” who can’t credibly serve on the Supremes. A decent person would withdraw at this point for the good of the country.
Certainly, Trump can find a reactionary GOP female judge with no personal baggage to carry the flag. He was actually pretty stupid to nominate BKavs in the first place rather than a female vetted by the Heritage Foundation whom the Dems couldn’t have touched.
I assume that Senator L. Graham is auditioning for Gonzo’s job after the midterms. He seems to forgotten what he and his GOP buddies did to Judge Merrick Garland — a very decent person and good jurist who never even got a chance to be heard at all. The GOP just decided that “advice and consent” meant “stonewall if you don’t like the President.” And as a moderate and polite “center left” jurist, Judge Garland certainly would have been a more appropriate pick for the Supremes than BKavs! But, power is power, and the GOP has it right now — the Dems don’t.
Nothing is likely to stop Judge’s Kavanaugh’s elevation at this point. But, as Jeffrey suggests, getting to the ballot box could make BKavs the last such appointment for some time.
“Washington (CNN)As the ink dried Friday on a major budget compromise deal in Congress, immigration advocates were taking stock of getting left behind — again — without a resolution for hundreds of thousands of young undocumented immigrants on the verge of losing protections.
It’s an open question if there are cards left to play in the push to enshrine the Deferred Action for Childhood Arrivals policy into law. While no advocates say they are giving up, many also openly admit that Democrats and allies gave up their best negotiating position on the issue without another clear avenue coming up.
In the meantime, a pending court decision on DACA, which President Donald Trump is terminating, means the immigrants protected by it and who mostly have never known another country than the US, won’t begin losing their protections as planned on March 5 — but their fate could be reversed at any moment by another court decision.
Rep. Luis Gutierrez, an Illinois Democrat who has long served as one of the most outspoken advocates in Congress for immigration reform, was pessimistic with reporters early Friday morning as Congress passed the deal with virtually every Democratic priority except DACA in it.
“No, I don’t, I don’t,” he said when asked if there was any other way Democrats could exert leverage on the issue. Gutierrez said the plan from the beginning was to either attach a DACA compromise to the must-pass budget deal or raising the debt ceiling, both of which were passed in the early morning hours Friday without DACA. Arizona Democrat Raul Grijalva called the episode “disheartening.”
close dialog
“We have decoupled the issues. Your leverage is you want them one and the same,” Gutierrez said. “Do we need a new way forward? Yeah, we’re going to figure out a new way forward.”
There is one glimmer of hope for advocates. Senate Majority Leader Mitch McConnell made good on his promise to tee up an immigration debate on the Senate floor next week. Moments after the Senate passed the deal, McConnell filed to have a vote to open debate on an unrelated bill Monday evening — which will kick off a process where an as-yet-unknown number of amendments will be able to compete for a procedural threshold of 60 votes to then pass the Senate.
It was that promise that put in motion the deal that eventually severed DACA from other negotiations but also offers a rare opportunity for lawmakers to compete on a neutral playing field for bipartisan support.
“We’re pivoting, what can you do?” said longtime advocate Frank Sharry, executive director of the pro-immigration group America’s Voice. “We’ve had our doubts about the viability of a standalone legislative process but that’s what we’re left with, so we’re hoping to make the most of it. … That will put pressure on the President and the House to do the same.”
Already, groups of lawmakers are preparing for the floor debate, even as it remains unclear how many amendments will be offered, how debate will be structured and how long it might last.
A group of roughly 20 bipartisan senators is drafting legislation over the weekend to offer perhaps multiple amendments and potentially keep the debate focused on a narrow DACA-border security bill. Advocates on the left may offer a clean DACA fix like the Dream Act, and some on the right are drafting a version of the White House proposal that would include $25 billion for a border wall and heavy cuts to legal immigration with a pathway to citizenship — though neither is expected to have 60 votes.
“First of all, we have the Senate procedure, which is my hope. We’re working with the (bipartisan group) to see if we can come to a two-pillar solution,” said Sen. Bob Menendez, a New Jersey Democrat who has long worked on the issue, when asked Thursday what comes next for DACA. “Hopefully we could gather 60 votes for that. And then that would be it — we’d resist everything else, any other amendments, and then go back to the House and create all the pressure in the House to make it happen.”
Step 2: Pressure Ryan
If the Senate can pass a bill, lawmakers hope Trump will fully embrace it, freeing House Speaker Paul Ryan to call it up.
Already as the budget deal was on track for passage, House advocates began a pressure campaign to urge Ryan to make a promise like McConnell — though Ryan continually demurred and insisted instead he’s committed to the issue of immigration and passing a bill the President can support.
“I think we have to be realistic,” said Arizona’s Democratic Rep. Ruben Gallego. “We’re going to have to deal with reality and find whatever means possible to put pressure on Speaker Ryan and the Republican Party to bring, again, a fair vote on the Dream Act to the floor.”
“I think for me the strategy has to be pressure Ryan and bring it to the floor,” Grijalva said, adding the process should allow any proposal to vie for a majority — even if it doesn’t have a majority of Republican votes. “The Senate, when they gave up on not voting for it, at the very minimum extracted a time certain and a debate on something. We don’t even have that.”
Democrats also may have some Republican supporters in the House to pressure Ryan. A bipartisan group of lawmakers that includes two dozen Republicans sent a letter to Ryan asking to open a floor debate like McConnell.
Republican Charlie Dent of Pennsylvania said he’s been urging fellow moderates to use their numbers the way that conservatives on the right flank do.
“The Freedom Caucus has been effective because they’ll use their power of 24 (votes to deny a majority), and they take the hostage, they’ll do what they have to do,” Dent said. “I tell our members, we put our votes together, we can really direct an outcome. … I suspect if the Senate sends us a bipartisan DACA bill, that’s when we’re going to have to flex our muscles.”
But others have doubts. Republican Sen. Marco Rubio of Florida, a member of the bipartisan group, says he learned his lesson in 2013, when he co-authored legislation that passed the Senate with wide margins but died in the House.
“There are some who believe that if we get a bunch of votes it’ll force the House to do it. I don’t agree,” Rubio said. “We could vote on it 90-10. … This notion that the House is going to listen to what a senator tells them to do is not real.”
Step 3: Other leverage
If the legislative process can’t produce success, advocates say, they will look for any other leverage points they can.
“If that doesn’t work out, then there’s still an omnibus at the end of the day,” said Menendez, referring to the spending bills due in March to fund the government under the topline two-year budget deal passed Friday.
But Gutierrez doubted that approach — scoffing at the idea that Democrats would be taken seriously if they threatened to withhold their votes yet again without success.
“Really?” Gutierrez said about the omnibus as leverage. “Is it plausible? Is it realistic? Can you continue to threaten with something?”
Other options could include a temporary, one-year or two-year extension of DACA without a permanent solution, though lawmakers have decried that option.
Still, many aren’t ready to give up hope.
“This President clearly wants to get it done, I think the majority of Republicans want to get it done and the majority of Democrats want to get it done. Can we reach that balance? We can get there, I feel very confident we can get there,” said Florida’s Republican Rep. Mario Diaz-Balart.”
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Although it should be a “no brainer,” I’m not as confident as Rep. Diaz-Balart that this group can “get to yes.” A fair resolution of the “Dreamers” situation just isn’t very high on the GOP agenda, particularly in the House. And, both the Dreamers and the Dems are coming to grips with the obvious reality: if you want to set or control the agenda, you have to win elections!
We need Julia Preston to lock these folks in a room for awhile!
“Graham: ‘Increasingly pessimistic on immigration’
Tal Kopan
By Tal Kopan, CNN
Updated 4:54 PM ET, Tue February 6, 2018
lindsey graham card
Sen. Graham: We don’t need $25B for a wall 01:22
Washington (CNN)One of the strongest advocates for a deal on the Deferred Action for Childhood Arrivals policy in the Senate says he is “increasingly pessimistic” that Congress will pass a fix beyond a short-term “punt.”
South Carolina Sen. Lindsey Graham told reporters on Capitol Hill on Tuesday, leaving a meeting of the Republican conference, that he now believes only a one- or two-year extension of the DACA program, which protects young undocumented immigrants who came to the US as children, is likely.
McConnell holds all the cards on next week's immigration debate, and he's not tipping his hand
McConnell holds all the cards on next week’s immigration debate, and he’s not tipping his hand
The dire prediction came from a longtime advocate of immigration reform who has been one of the strongest supporters of getting a permanent solution to DACA — and who had a confrontation with President Donald Trump about vulgar comments the President made in rejecting a bipartisan compromise Graham negotiated.
“I’m becoming increasingly pessimistic about immigration,” Graham said. “I don’t think we’re going to do a whole lot beyond something like the BRIDGE Act, which would be extend DACA for a year or two, and some border security. It’s just too many moving parts.”
Graham’s comments came before said on Tuesday he supports a government shutdown if Democrats won’t agree to tighten immigration laws, undercutting ongoing bipartisan negotiations on Capitol Hill.
Graham, who has also been a part of bipartisan Senate meetings that are seeking a compromise and who helped convince Senate Majority Leader Mitch McConnell to promise to bring immigration to the floor in a “fair” process next week, called that option unsatisfactory but likely.
“That will be a punt, that will not be winning for the country, but that’s most likely where we’re going to go,” Graham said.”
“In 2006, Arizona passed a ballot initiative that barred students without legal immigration status from receiving in-state tuition rates at public universities and colleges.
Dulce Matuz, an electrical-engineering major at Arizona State, ran to find her professor.
Bursting into tears, she told him something she had only ever shared with her closest friends. She was undocumented.
“It felt good to tell my story,” she told the Guardian this week. “It was like a weight had been lifted.”
The law meant Matuz would have to pay the out-of-state tuition rate, which she could not afford. But the next day, her professor gave her a flier advertising scholarships for “people in your situation”.
Matuz had thought she was the only undocumented student on one of the largest campuses in the country. She was wrong.
At an informational meeting, she met dozens of young people with stories similar to hers. Their discussion grew into a statewide coalition, the students rallying with organizations across the US to declare themselves “undocumented and unafraid”.
One by one they shed their anonymity, in effect daring law enforcement to target them.
It was a risky move, especially in a state which was then a cauldron of anti-immigrant sentiment. But the students weren’t alone. Thousands of young immigrants came forward to demand a future in the country where they were raised. Each had a name and a story.
Collectively, they are known as Dreamers, young people without immigration status who were brought to the US as children. Over the last decade, they’ve gone from the “shadows” to the center stage of US politics, and their fate now dangles before an irascible president and a gridlocked Congress.
‘Trump Dreamers’
In September, Donald Trump ended Deferred Action for Childhood Arrivals (Daca), an Obama-era program that lifted the threat of deportation for Dreamers.
The administration argued that Obama had overstepped his authority. But Trump did give Dreamers a six-month grace period and called on Congress to pass legislation.
“If the Dreamers are able to lead a fight that results in a radical, nativist administration signing into law their freedom, it would be a testament only to how much moral and political power the Dreamers have built,” said Frank Sharry, a long-time advocate of immigration reform and executive director of America’s Voice.
Conservatives suggest Trump is uniquely qualified to succeed where predecessors have failed, to achieve immigration reform, precisely because of his credibility among fierce opponents of illegal immigration.
At a meeting earlier this month, for example, Trump promised to “take the heat” if Republicans passed legislation.
“President Obama tried and couldn’t fix immigration, President Bush tried and couldn’t do it,” said Senator Lindsey Graham, a Republican from South Carolina who is pushing bipartisan immigration reform.
Timeline
Donald Trump and Dreamers: a timeline of mixed messages
“I believe President Trump can. Today’s Daca recipients can be tomorrow’s Trump Dreamers.”
Polling has consistently shown that a large majority of Americans – 87% in one recent survey – support protections for Dreamers. But general anti-immigrant fervor has stalled efforts to pass legislation and conservatives remain divided over whether Dreamers should ever be allowed to be citizens.
Rounds of negotiations have yielded no solution, only a brief shutdown of the federal government during which Democrats tried to force lawmakers to extend legal status to the Dreamers.
Depending on the day, lawmakers and the president are either on the verge of striking a deal or as far apart as ever. Trump was elected after championing hard-line immigration policies but he has demanded both a “bill of love” and a border wall.
This week, the White House released a proposal that offered a pathway to citizenship for up to 1.8 million undocumented young people – in exchange for a $25bn “trust fund” for a border wall, a crackdown on undocumented migrants and changes to the migration system.
The offer did not go down well, either with Trump’s base or with progressives ranged against him. Immigration hardliners crowned Trump “Amnesty Don”. Advocates for reform rejected the offer as an attempt to seal America’s borders.
In a statement issued on Friday, Chris Murphy, a Connecticut senator, called the offer “a total non-starter” that “preyed on the worst kind of prejudice”, using Dreamers “as a bargaining chip to build a wall and rip thousands of families apart”.
Trump, meanwhile, tweeted that Daca reform had “been made increasingly difficult by the fact that [Senate minority leader] Cryin’ Chuck Schumer took such a beating over the shutdown that he is unable to act on immigration!”
Dreamers say the fight is only beginning.
Matuz became a US citizen in 2016, a decade after she “came out of the shadows”. But she still identifies strongly with her fellow Dreamers.
“We still haven’t achieved what we set out to achieve,” she said.
’They’re speaking up’
The Dreamer movement came of age during the Obama administration. But legislation to build a path to citizenship was introduced to Congress in 2001.
Two senators – Dick Durbin, an Illinois Democrat, and Orrin Hatch, a Utah Republican – introduced the first Dream Act in August that year, a month before 9/11.
But after the attacks, as concerns over national security and terrorism dominated public life, the immigration debate shifted sharply. The bill stalled. It was reintroduced several times, without success.
Nonetheless, the Dreamers continued to galvanize public support. They escalated their tactics, staging sit ins and actions that risked arrest.
“There was a time when they used to be very quiet,” Durbin said recently at a rally. “Not any more. They’re speaking up and we’re proud that they are.”
The Dreamers’ fight for citizenship, Durbin has said, is the “civil rights issue of our time”.
In December 2010, the Dream Act was brought to the floor. It failed again. In 2012, months before the presidential election, Barack Obama established Daca.
Recipients had to have entered the US before their 16th birthday, which means the oldest beneficiaries are now 35.
The most common age of entry to the US was three while the median age was six, according to a report by the Center for American Progress, a left-leaning think tank in Washington.
Quick guide
What is Daca and who are the Dreamers?
Eight hundred thousand people qualified, the vast majority of them Latino, according to data from US Citizenship and Immigration Services. Nearly 80% were born in Mexico.
The largest numbers of recipients now live in California and other border states such as Texas and Arizona. They are more likely than their ineligible counterparts to hold a college degree and a higher-skilled job, according to an analysis by the Migration Policy Institute.
“What you’re seeing in the Dreamers is a reflection of the American ideals,” said Daniel Garza, president of the conservative Libre Institute, a free-market Latino advocacy group founded by the Koch brothers.
“When one breathes freedom it manifests itself. And now that these kids have a shot at directing their own future or setting a path toward their own future, let’s remove those barriers and allow them that opportunity.”
‘I’m not alone’
Over the last several months, Dreamers have been in Washington, walking the halls of Congress.
They wear light orange shirts with a comic book POW! bubble with the words: “Clean Dream Act Now.”
They sleep on church floors and friends’ couches; a few missed final exams to join protests in December, when there was a flicker of hope that legislation might receive a vote.
Greisa Martínez Rosas, 29, has been among them, leading members in song at rallies on the lawn in front of the capitol building, in between meetings with members of Congress.
She was eight when she and her father staked out a spot on the Rio Grande river and crossed from Mexico into Texas. She laid seashells to mark the place. The next day, her family swam into the United States.
Profile
Who are the Dreamers?
Martínez Rosas grew up in a Hispanic neighborhood of Dallas and attended Texas A&M University. But the life she was building begin to unravel when her father was deported. Her mother died in 2016.
Fighting for a Dream Act has given her purpose, she said, and she is now advocacy and policy director at United We Dream, a national organization that campaigns for migrant rights. She has three younger sisters, one of them also undocumented.
“I am really lucky to be doing this,” she said. “It gives meaning to a lot of the pain and helps me deal with a lot of the trauma growing up undocumented.
“The reality is that I’m not alone. My story isn’t special. That’s why it’s so important that we wage this fight.”
The Dreamers rejected Trump’s latest proposal, even though it would allow a pathway to citizenship for more than twice the number of Daca recipients.
“We are not willing to accept an immigration deal that takes our country 10 steps back no matter how badly we want reprieve,” Martínez Rosas said. “That’s how much we love this country.”
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The problem isn’t the Dreamers. It’s the 13% of so of White Nationalist citizens who have forgotten their own immigrant heritage and have abandoned human decency, compassion, and common sense in the process. Unfortunately, this minority has, and continues to wield, a disproportionate share of political power.
Tom Cotton’s lies make him a dangerous prospect to head the CIA.
By WILLIAM SALETAN
Tom Cotton, the Republican senator from Arkansas, is becoming President Trump’s right arm in the Senate. Or maybe it’s the other way around, and Cotton, a right-wing ideologue, is helping to steer the president. Either way, Trump’s behavior in the immigration debate—turning against a legislative compromise after Cotton was summoned to a White House meeting to oppose it—illustrates the young senator’s influence. In fact, Trump is said to be considering him as the next CIA director.
Cotton’s emergence is alarming. In part, that’s because what endears Cotton to Trump—and makes them particularly dangerous together—is Cotton’s unflinching willingness, in pursuit of an agenda, to say things that aren’t true.
Cotton is a veteran. He served with honor in Iraq and Afghanistan. But when he came home, he brought back the psychology of war. He treats liberals and moderates as the enemy. In 2015, he blocked one of President Obama’s ambassadorial nominees over an unrelated issue—she eventually died waiting for approval—because Cotton knew she was Obama’s friend. He depicts Obama as a traitor. Last month, Cotton said of the Iran nuclear agreement: “Barack Obama was willing to give away anything to get that deal.”
On immigration, Cotton takes a hard line, and he savages anyone who doesn’t. He calls senators who seek an immigration compromise “the Gang of Amnesty.” He labels their ideas “preposterous” and “utterly ridiculous.” Last week, he scoffed that fellow Republican Sen. Lindsey Graham, an immigration moderate, “didn’t even make it off the kiddie table in the debates” during the 2016 Republican presidential primaries. On Tuesday, after the government shutdown, Cotton crowed that Democrats had “capitulated entirely.”
Cotton is quick to charge others with lying. Two weeks ago, he accused colleagues of floating a “disingenuous” immigration compromise. He said Democrats had “misrepresent[ed]” immigration talks. On Friday, Cotton accused Graham of conspiring with Democratic Sen. Dick Durbin: “Lindsey Graham and Dick Durbin are not adversaries in negotiating. They are allies strategizing.” That line has been used exactly once before, by an anonymous member of Congress—presumably Cotton—who accused House Speaker Paul Ryan of treachery on the same issue. Tucker Carlson reported the accusation last fall:
As one of their colleagues told us just this morning, when Nancy Pelosi and Paul Ryan sit down to talk immigration, they aren’t opponents negotiating, they are allies strategizing … Earlier this year we had Speaker Ryan on this show and he assured us Congress would be working hard on funding the border wall. That was a lie.
In the war at home, Cotton fights for Trump. Each time he’s faced with a choice between Trump and the truth, Cotton protects Trump. Two months ago on Face the Nation, John Dickerson asked Cotton about unresolved sexual misconduct allegations against the president. Cotton brushed the allegations aside, arguing that “the American people had their say on that” when they elected Trump. Last month, when an AP reporter asked Cotton about collusion between Trump and Russia, Cotton dismissed the question, claiming that Democratic Sen. Dianne Feinstein had “said she’d seen no evidence of collusion.” Actually, what Feinstein had said was, “It’s an open question because there’s no proof yet that it’s happened, and I think that proof will likely come with [Special Counsel] Mueller’s investigation.”
Now Cotton is protecting Trump again. On Jan. 11, during an Oval Office meeting, Trump said he wanted fewer immigrants from “shithole” countries in Africa and Haiti and more from Norway and Asia. The president’s comments were leaked, and Durbin, who had witnessed the exchange, publicly recounted them the next day. Cotton, who had also attended the meeting, went on TV to defend Trump. He portrayed Durbin as a liar, saying Trump had never used the expletivereported by Durbin. Dickerson asked Cotton whether Trump, in the meeting, was in any way “grouping people based on the countries they came from.” Cotton denied it. He insisted that Trump had “reacted strongly against” such thinking and that “what the president said he supports is [to] treat people for who they are,” not “where they’re from.”
I’ve seen Cotton at least twice on “Meet the Press.” Each time I was impressed by the number of lies, distortions, misrepresentations, and evasions he could pack into a relatively short interview with Chuck Todd. You could tell that even the perennially affable Todd was having a hard time keeping a straight face at some of Cotton’s antics and facially absurd answers.
That this is what passes for “leadership” in today’s GOP should give us all pause.
“The head is missing, but the body is still alive.
The president killed off all attempts at compromise, then went dark after the government shut down, refusing to say what he would support on immigration or even to engage in negotiations. But in this leadership vacuum, something remarkable happened: Twenty-five senators, from both parties, rediscovered their role as lawmakers. They crafted a deal over the weekend that offers a possible path forward, and, in dramatic fashion on the Senate floor Monday, signaled the end of the shutdown with a lopsided 81-to-18 vote.
The agreement may not end in a long-sought immigration deal and a long-term spending plan. Trump could yet kill any deals they reach. And liberal interest groups are furious at what they see as a Democratic surrender. But Monday’s breakthrough shows there is at least the potential for lawmakers to take the wheel from an erratic and dangerous driver.
Senate Minority Leader Chuck Schumer (D-N.Y.), announcing his deal with Senate Majority Leader Mitch McConnell (R-Ky.) on the Senate floor Monday afternoon, said he hadn’t even heard from Trump since Friday, before the government closed. “The White House refused to engage in negotiations over the weekend. The great dealmaking president sat on the sidelines,” Schumer said, adding that he reached agreement with McConnell “despite and because of this frustration.”
Looking down from the gallery Monday afternoon, I saw the sort of scene rarely observed any longer in the Capitol: bipartisan camaraderie. Sens. Chris Coons (D-Del.) and Susan Collins (R-Maine), two architects of the compromise, were talking, when McConnell, with a chipper “Hey, Chris,” beckoned him for a talk with Sen. Lamar Alexander (R-Tenn.), who soon broke off for a word with Sen. Joe Manchin (D-W.Va.). Sen. Mike Rounds (R-S.D.) hobnobbed with Coons and Sen. Tim Kaine (D-Va.). Sen. Roy Blunt (R-Mo.) put an arm around Sen. Dick Durbin (D-Ill.) as he chatted with Sens. Debbie Stabenow (D-Mich.) and Jeanne Shaheen (D-N.H.). During the vote, Manchin sat on the Republican side with Sen. Shelley Moore Capito (R-W.Va.), and Sen. Sheldon Whitehouse (D-R.I.) sat with Sen. Lindsey Graham (R-S.C.).
Durbin marveled at the festival of bonhomie. “What I have seen here on the floor of the Senate in the last few days is something we have not seen for years,” he said.
Neither side particularly wanted this shutdown. It was the work of a disengaged president who contributed only mixed signals, confusion and sabotage. After provoking the shutdown by killing a bipartisan compromise to provide legal protection for the “dreamers” (undocumented immigrants who came as children), Trump’s political arm put up a TV ad exploiting the dreamers by saying “Democrats who stand in our way will be complicit in every murder committed by illegal immigrants.”
Trump’s anti-immigrant ad and his racist outburst in the White House last week will only increase Republicans’ long-term political problems, but, in the short term, Republicans succeeded in portraying Democrats as shutting down the government to protect illegal immigrants. And liberal interest groups took the bait. In a conference call just before news of the deal broke Monday morning, a broad array of progressive groups — Planned Parenthood, labor unions, the Human Rights Campaign, the ACLU, MoveOn and Indivisible — joined immigration activists in demanding Democrats refuse to allow the government to reopen without an immediate deal for the dreamers.”
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Read the rest of Milbank’s op-ed at the link.
I’ve said all along that there is potential for Congress to govern if McConnell, Ryan, and the rest of the GOP leadership would permit it. But, that means ditching the “Hastert Rule” (named, btw, for convicted “perv” and former GOP Speaker Denny Hastert) and thereby “PO’ing” both the “White Nationalist” and “Bakuninist Wings” of the GOP. That’s why it likely won’t happen. Because although they could govern in this manner, in coalition with many Dems, the modern GOP is beholden to both the White Nationalists and the Bakuninists to win elections and have a chance at being in the legislative majority.
In the end, if the Dems want to change the way America is governed for the better, they’re going to have to win some elections — lots of them. And, that’s not going to happen overnight. Although I can appreciate the Dreamers’ frustration, I think they would do better getting behind the Dems, and even the moderate GOP legislators who support them, rather than throwing “spitballs.”
Ironically, the disappearing breed of “GOP moderates” — who played a key role in restarting the Government — could be more effective and wield more power if they were in the minority, rather than being stuck in a majority catering to the extremest elements of a perhaps loud, but certainly a distinct minority, of Americans!
“Lost in the shitstorm over “shithole” was another equally damning example of President Donald Trump’s blatant racism and sexism. It was an outward display of a mindset that in many ways has paved the way for the government shutdown we’re facing now.
Last week, NBC News reported that last fall, the president of the United States asked a career intelligence analyst “Where are you from?” She responded, “New York,” and that should have ended the conversation. It didn’t.
He asked again, and she responded, “Manhattan.”
For those who have initiated a similar conversation, if you ask twice and you don’t get the answer you are fishing for ― just drop it. Take a hint. We don’t want to go there with you.
Trump, clearly oblivious to this social cue, follows up and asks where “your people” are from.
Finally relenting, the analyst answered that her parents are Korean. At this point, Trump, through his ignorance, has robbed this woman of all the hard work, intellect and skill she has invested into her profession by placing some artificial value on her (and her family’s) ethnicity.
Where she or her parents are from has zero bearing on her job or value. It’s one thing if someone volunteers information about their culture, background, family and upbringing. But until they do, it’s none of your business and should have no role in how you judge, evaluate and view them as professionals or human beings.
Taking it even further, Trump somehow manages to combine sexism with racism by asking why the “pretty Korean lady” wasn’t negotiating with North Korea. The insane thing about this statement is that I’m 100 percent certain that in Trump’s mind, he was paying her a compliment.
What he did was demean and insult a woman who was simply trying to do her job.
Trump owes this “pretty Korean lady” an apology for his ignorant, racist and sexist comments. I don’t think Trump realizes or cares about the consequences that his tone, tenor and words have had in the lives of people who don’t look like him.
Pretty much my entire life, I’ve been asked (primarily by white people) the question that I imagine every “Asian-looking” person cringes at inside: “Where are you from?”
In most cases, I’m certain that the person asking this is not consciously discriminatory, but rather is just completely ignorant of how annoying this question is to people who look like me. Like the career intelligence analyst attempted to do with Trump, I answered the question by saying “New York” or “California” ― where I had spent my childhood and formative years. Inevitably comes the dreaded follow-up: “No, I mean what is your background? Chinese or Japanese?
The puzzled looks I would receive when I responded: “German and Italian” were priceless but also revealing. I simply did not fit into their preordained stereotypical worldviews.
My name is Kurt (German) Bardella (Italian), and I am adopted.
For most of you out there who ask this question of people who look or sound “different,” you’re probably just genuinely curious and mean no harm. You’re just trying to start conversation.
But the case of Trump and the career intelligence professional reveals something much more offensive. It was a glimpse into the racially charged worldview that Trump subscribes to,a worldview that has infected the Republican Party and now led us to a government shutdown.
It’s the same worldview that led to his vulgarly demeaning the lives of would-be immigrants from Haiti, El Salvador and nations in Africa. It’s the same worldview that has him obsessed with building a border wall to keep “bad hombres” out of the United States. And it’s the same worldview that drove him to end DACA.
Trump and his Republican enablers are so fixated on enacting these outwardly racist policies that they are willing to preside over a government shutdown to get them.
The shutdown showdown unfolding right now is about much more than government funding. It is about two different portraits representing the American identity. The Trump-GOP viewpoint sees our country as one that is, first and foremost, Caucasian. The Democratic perspective sees a diverse nation of many cultures, backgrounds, languages and customs.
That’s what we are fighting about. It may be more politically expedient for Democrats to back down, but with our national identity hanging in the balance, this is the time to take a stand.
Kurt Bardella was born in Seoul, South Korea, and adopted by two Americans from Rochester, New York, when he was three months old. He currently lives in Arlington, Virginia.
This piece is part of HuffPost’s brand-new Opinion section. For more information on how to pitch us an idea, go here.
Kurt Bardella is a media strategist who previously worked as a spokesperson for Breitbart News, the Daily Caller, Rep. Darrell Issa, Rep. Brian Bilbray and Senator Olympia Snowe.”
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One had only to listen to Senator Tom Cotton on “Meet the Press” yesterday to see how true Bardella’s commentary is. Cotton lied, obfuscated, and generally avoided answering Moderator Chuck Todd’s questions.
Then, he let loose with his biggest fabrication: that somehow legalizing the Dreamers and eventually allowing their parents to legally immigrate would “do damage” to the U.S. which would have to be “offset” by harsher, more restrictive immigration laws! So, in allowing the Dreamers, who are here doing great things for America, and somewhere down the road their parents, some of whom are also here and are also doing great things for America, to become part of our society is a justification for more racially-motivated restrictions on future immigration. What a total crock!
Cotton said:
But it gives them legal status. That’s an amnesty, by adjusting their status from illegal to legal, no matter what you call it. It didn’t give money to build any new border barriers, only to repair past border barriers. It didn’t do anything to stop chain migration. Here’s what the president has been clear on. Here’s what I and so many Senate Republicans have been clear on: we’re willing to protect this population that is in the DACA program. If we do that, though, it’s going to have negative consequences: first, it’s going to lead to more illegal immigration with children. That’s why the security enforcement measures are so important. And second, it means that you’re going to create an entire new population, through chain migration, that can bring in more people into this country that’s not based on their skills and education and so forth. That’s why we have to address chain migration as well. That is a narrow and focused package that should have the support of both parties.
Meanwhile, on Meet the Press, GOP Latino leader Al Cardenas hit the nail on the head in charging Cotton and others in the GOP with a disturbing “lack of empathy” for Dreamers and other, particularly Hispanic, immigrants:
Cardenas said:
“Excuse me, that’s right. And you know, look, for the Republican Party the president had already tested DACA. The base seemed to be okay with it. Now that things have changed to the point where this bill passes, and it should, Democrats are going to take all the credit for DACA. And we’re taking none. Stupid politics. Number two, the second part that makes us stupid is the fact that no one in our party is saying, “Look, I’m not for this bill but I’ve got a lot of empathy for these million family.” Look, I can see why somebody would not be for this policy-wise. I don’t understand it. But I can respect it. But there’s no empathy. When I saw the secretary of homeland security in front of a Senate saying she’d never met a Dreamer. And yet she’s going to deport a million people, break up all these families. Where is the empathy in my party? People, you know the number one important thing in America when somebody’s asking for a presidential candidate’s support is, “Do you care…Does he care about me?” How do we tell 50 million people that we care about them when there’s not a single word of empathy about the fate of these million people.”
Here’s the complete transcript of “Meet the Press” from yesterday, which also included comments from Democratic Senator Dick Durbin and others. Check it out for yourself, if you didn’t see it.
Unlike Cotton and his restrictionist colleagues, I actually had “Dreamer-type” families come before me in Immigration Court. The kids eventually had obtained legal status, probably through marriage to a U.S. citizen, naturalized and petitioned for their parents.
Not only had the kids been successful, but the parents who were residing here were without exception good, hard-working, tax-paying “salt of the earth” folks. They had taken big-time risks to find a better life for their children, made big contributions to the U.S. by doing work that others were unavailable or unwilling to do, and asked little in return except to be allowed to live here in peace with their families.
Most will still working, even if they were beyond what we might call “retirement age.” They didn’t have fat pensions and big Social Security checks coming.
Many were providing essential services like child care, elder care, cleaning, cooking, fixing, or constructing. Just the type of folks our country really needs.
They weren’t “free loaders” as suggested by the likes of Cotton and his restrictionist buddies. Although I don’t remember that any were actually “rocket scientists,” they were doing the type of honest, important, basic work that America depends on for the overall success and prosperity of our society. Exactly the opposite of the “no-skill — no-good” picture painted by Cotton and the GOP restrictionists. I’d argue that our country probably has a need for more qualified health care and elder care workers than “rocket scientists” for which there is much more limited market! But, there is no reason se can’t have both with a sane immigration policy.
“Gang of Six senators furiously trying to nail down support for immigration bill
By: Tal Kopan, CNN
As votes for government funding look perilous in Congress, bipartisan senators behind an immigration deal are furiously working behind the scenes to build support for their bill, hoping it could be in play to avert a shutdown.
The group, an offshoot of the so-called Gang of Six, is “practically sprinting” to get the bill officially introduced, one congressional aide said, and are working to add as many Republican supporters as possible. When the bill was unveiled on Wednesday night, it had picked up four Republicans in addition to the three that worked to develop it.
If all 49 Democrats support the bill, only four more Republicans would be needed to clear the 60 votes required to advance legislation in the Senate.
Even though the bill has already been rejected by the President and Republican leadership, the calculus is that with a standoff on government funding, Republicans will be pressed on why they walked away from a bipartisan deal with votes to pass it when the shutdown blame game begins.
Illinois Democrat Sen. Dick Durbin, one of the lead authors of the bill, met on Thursday morning with the House Problem Solvers Caucus, a bipartisan group of lawmakers who have sought a centrist deal on DACA as well, his office said. Building House support could answer White House chief of staff John Kelly’s criticism that the bill didn’t have support from both sides of Capitol Hill when it was brought to the President last week.
Democrats’ negotiating position got stronger on Thursday when Republican South Dakota Sen. Mike Rounds, who has backed the bipartisan immigration bill, announced he would not vote for a weeks-long short-term funding extension, saying good governance requires a long-term solution instead of short-term fixes.
Rounds joined the bill’s other lead author, South Carolina Republican Sen. Lindsey Graham, in his opposition. With other Republican fiscal hawks traditionally opposed to short-term continuing resolutions, the pressure is lifted off vulnerable Democratic senators up for re-election to vote for a funding deal that even a handful of Republicans aren’t supporting.
The bill would offer a pathway to citizenship for eligible young undocumented immigrants who came to the US as children, allocate nearly $3 billion to a border wall and technology, limit sponsorship of family members by recipients of the program and reallocate diversity lottery visas to other immigration programs.
Advocates are optimistic that the tide has turned in Democrats’ favor in recent days. They argue that the President’s rejection of the bipartisan bill — just days after he was televised telling lawmakers to bring him a deal and he would sign it — combined with the news of Trump referring to certain countries in a disparaging way has only empowered Democrats to stand up.
“In the last 24 hours we’ve sensed a real shift from Republicans not believing Democrats are going to be resolute, to, ‘Oh my god, Democrats are resolute and Republicans are joining in and we won’t be able to pass the CR without negotiation,'” said Frank Sharry, a longtime immigration advocate with America’s Voice Education Fund.”
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I encourage everyone to go on over to CNN and check out Tal’s many other reports on the DACA process. Tal is so prolific, I just can’t keep up with her, sometimes! But, that doesn’t mean that you shouldn’t!
Notwithstanding Nolan’s skepticism about the “Gang of Six” effort, these Senators still think they can get something done and sell it to enough of their colleagues to make a difference! Time will tell! Stay tuned!
