9TH CIR: SCOFFLAWS OUTED, DREAMERS WIN AGAIN: Sessions Is Gone, But He & Trump Just Can’t Stop Losing On Their Stupid, Cruel, Wasteful, & Illegal Attack On Kids Who Are Our Future!

https://www.cnn.com/2018/11/08/politics/daca-9th-circuit/index.html

The rescission of DACA—based as it was solely on a misconceived view of the law—is reviewable, and plaintiffs are likely to succeed on their claim that it must be set aside under the APA. We therefore affirm the district court’s entry of a preliminary injunction.31 The district court also properly dismissed plaintiffs’ APA notice-and-comment claim, and their claim that the DACA rescission violates their substantive due process rights. The district court also properly denied the government’s motion to dismiss plaintiffs’ APA arbitrary-and-capricious claim, their claim that the new information-sharing policy violates their due process rights, and their claim that the DACA rescission violates their right to equal protection.
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The Executive wields awesome power in the enforcement of our nation’s immigration laws. Our decision today does not curb that power, but rather enables its exercise in a manner that is free from legal misconceptions and is democratically accountable to the public. Whether Dulce Garcia and the hundreds of thousands of other young dreamers like her may continue to live productively in the only country they have ever known is, ultimately, a choice for the political branches of our constitutional government. With the power to make that choice, however, must come accountability for the consequences.

Here’s a link  to the full decision by the 9th Circuit:

http://cdn.cnn.com/cnn/2018/images/11/08/18-15068.opinion.pdf

PWS

11-08-18

 

NATION OF CHILD ABUSERS: WHILE MANY RIGHT WING APOLOGISTS (ALONG WITH ALAN DERSHOWITZ) PAN NAZI COMPARISON, ACTUAL HOLOCAUST CHILD SURVIVOR YOKA VERDONER UNDERSTANDS THE PARALLELS! — Child Abuse Is Child Abuse —Evil Is Evil — Damage Is Irreparable!

https://www.theguardian.com/commentisfree/2018/jun/18/separation-children-parents-families-us-border-trump?CMP=Share_iOSApp_Other

Holocaust survivor Yoka Verdoner in The Guardian:

The events occurring now on our border with Mexico, where children are being removed from the arms of their mothers and fathers and sent to foster families or “shelters”, make me weep and gnash my teeth with sadness and rage. I know what they are going through. When we were children, my two siblings and I were also taken from our parents. And the problems we’ve experienced since then portend the terrible things that many of these children are bound to suffer.

My family was Jewish, living in 1942 in the Netherlands when the country was occupied by the Nazis. We children were sent into hiding, with foster families who risked arrest and death by taking us in. They protected us, they loved us, and we were extremely lucky to have survived the war and been well cared for.

Yet the lasting damage inflicted by that separation reverberates to this day, decades hence.

Have you heard the screams and seen the panic of a three-year-old when it has lost sight of its mother in a supermarket? That scream subsides when mother reappears around the end of the aisle.

This is my brother writing in recent years. He tries to deal with his lasting pain through memoir. It’s been 76 years, yet he revisits the separation obsessively. He still writes about it in the present tense:

In the first home I scream for six weeks. Then I am moved to another family, and I stop screaming. I give up. Nothing around me is known to me. All those around me are strangers. I have no past. I have no future. I have no identity. I am nowhere. I am frozen in fear. It is the only emotion I possess now. As a three-year-old child, I believe that I must have made some terrible mistake to have caused my known world to disappear. I spend the rest of my life trying desperately not to make another mistake.

My brother’s second foster family cared deeply about him and has kept in touch with him all these years. Even so, he is almost 80 years old now and is still trying to understand what made him the anxious and dysfunctional person he turned into as a child and has remained for the rest of his life: a man with charm and intelligence, yet who could never keep a job because of his inability to complete tasks. After all, if he persisted he might make a mistake again, and that would bring his world to another end.

My younger sister was separated from our parents at five. She had no understanding of what was going on and why she suddenly had to live with a strange set of adults. She suffered thereafter from lifelong, profound depression.

I was older: seven. I was more able than my siblings to understand what was happening and why. I spent most of the war with Dick and Ella Rijnders. Dick was mayor of a small, rural village, and he and Ella lived in a beautiful house next to a wide waterway. Ella had a warm smile and Dick referred to me as his “oldest daughter”. I was able to go to school normally, make friends, and became part of village life. I was extraordinarily lucky, but I was not with my own parents, sister, and brother. And, eventually, I also had to leave the Rijnders, my loving second “family”. I was returning to my own family, but this meant another separation.

In later life, I was never able to really settle down. I lived in different countries and was successful in work, but never able to form lasting relationships with partners. I never married. I almost forgot to mention my own anxiety and depression, and my many years in psychotherapy.

My grief and anger about today’s southern border come not just from my personal life. As a retired psychotherapist who has worked extensively with victims of childhood trauma, I know all too well what awaits many of the thousands of children, taken by our government at the border, who are now in “processing centers” and foster homes – no matter how decent and caring those places might be. We can expect thousands of lives to be damaged, for many years or for ever, by “zero tolerance”. We can expect old men and women, decades from now, still suffering, still remembering, still writing in the present tense.

What is happening in our own backyard today is as evil and criminal as what happened to me and my siblings as children in Nazi Europe. It needs to be stopped immediately.

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In fairness to Dershowitz he has asked President Trump to end the cruel and inhuman policy of child abusez/child separation. http://www.foxnews.com/opinion/2018/06/18/alan-dershowitz-mr-president-please-end-policy-separating-children-from-parents.html But, his “put down” of the parallels with Nazism is highly disingenuous for the following reasons:

  • This about race.  It is no accident that virtually all of the separated parents and kids are Hispanic and the few others affected are almost all “of color.”  We wouldn’t be having all this ruckus if the arrivals were White. Trump, Sessions, and Miller are White Nationalists in the “Bannon Mode.” Kelly and Nielsen have decided to come out of the closet and reveal their racist sympathies.
  • The harm is permanent. All experts say that the harm intentionally inflicted in these kids will be permanently disabling.  More blogging on that later.
  • We’re sending these families to concentration camps masquerading as countries. Make no mistake about it, most of these folks are refugees fleeing persecution and torture at the hands of gangs and cartels that basically are the government in much of the Northern  Triangle. Sessions & Trump have intentionally misconstrued the law, misrepresented facts, and violated Constitutional Due Process to artificially deny most of these individuals legal protections they deserve. Their return is likely to mean death, torture, a lifetime of abuse, extortion, rape, sexual enslavement, forced drug trafficking, or prostitution.  Others will be forcibly impressed into a life of serving the gangs because we have turned our collective backs on them. Inhumanity is inhumanity; it’s only a matter of degree. And, that the Nazis were even worse in no way makes any difference to those we are sentencing to death, torture, or a lifetime of abuse. Dead is dead. Tortured is tortured. Decapitated is functionally the same as shot or gassed.
  • Sessions keeps parroting that misdemeanor unlawful entry “isn’t a victimless crime.” Perhaps he’s right. The “victims” here are the migrants and their families seeking to exercise legal rights to apply for asylum. The “criminals” are Sessions, Trump, Nielsen, Miller, Kelly and other Administration hard liners who engage in child abuse rather than protection. And, they lie about what and why they are doing it.  Who will eventually bring the real criminals to justice?

PWS

06-19-18

 

 

 

STUPIDITY & CRUELTY BECOME TRADEMARKS OF TRUMP’S ICE – ONE FEDERAL JUDGE IN NY HAD ENOUGH – BLASTS POLICIES AS UNCONSTITUTIONAL!

https://slate.com/news-and-politics/2018/01/ice-is-out-of-control.html

From right, Rene Bermudez wipes away tears as he holds his 4-year-old daughter Danyca during a protest on behalf of his wife Liliana Cruz Mendez on May 23.
From right, Rene Bermudez wipes away tears as he holds his 4-year-old daughter Danyca during a protest on behalf of his wife Liliana Cruz Mendez on May 23.
Jim Watson/AFP/Getty Images

“Donald Trump hasn’t created the massive “deportation force” he promised as a candidate for president. But he has done the next best thing—boosting, bolstering, and unleashing the Immigration and Customs Enforcement agency, giving it broad authority to act at its own discretion. The result? An empowered and authoritarian agency that operates with impunity, whose chief attribute is unapologetic cruelty.

Under President Obama, who ramped up immigration enforcement even as he sought to protect large categories of unauthorized immigrants from deportation, ICE was a controversial agency whose practices came under heavy scrutiny from activists and some fellow Democrats. But in the year since Trump’s election, ICE has become something far more sinister: a draconian force for harassing and detaining people who pose no threat to the United States or its citizens.

And in keeping with one of President Trump’s first executive orders, which drastically expanded who the federal government considered a priority for deportation, the most striking aspect of ICE under this administration has been its refusal to distinguish between law-abiding immigrants, whose undocumented status obscures their integration into American life, and those with active criminal records—the “bad hombres” of the president’s rhetoric.

Erasing that distinction is how we get the arrest and detention of Lukasz Niec, a Polish immigrant and green card holder who was brought to the United States as a young child. Last week, ICE agents arrested Niec at his home in Michigan, citing two misdemeanor convictions for offenses that were committed when he was a teenager, according to the Washington Post. Although one of the convictions had been scrubbed from his record, it can still be used to remove him from the country. A practicing physician, Niec now sits in a county jail, awaiting possible deportation.

Niec’s standing as an affluent professional makes him an unusual case. More typical is the plight of Jorge Garcia, a 30-year resident of the United States who was recently deported to Mexico after his arrest by ICE. Married with two American-born children, Garcia was brought to the country as a child. He was working to secure legal status when, following Trump’s election, he was ordered to leave the country. In a statement to CBS News, ICE explained that anyone violating immigration laws “may be subject to immigration arrest, detention and … removal from the United States.” Despite its ability to exercise discretion, ICE has opted for an indiscriminate approach to immigration enforcement, arresting and detaining unauthorized residents regardless of whether they pose a threat to the public.

In its drive to remove as many undocumented residents as possible, ICE has begun deporting immigrants who make routine check-ins to their offices, even if those people are simply awaiting visas or green cards that would allow them to stay. Vice News recounts the story of Andre Browne, a Barbados native married to an American citizen. At a recent check-in with ICE agents, he was “arrested and forced to surrender all personal belongings.” He was jailed and now faces deportation. Similarly, in Virginia, a mother of two, Liliana Cruz Mendez, was detained following her regular check-in with immigration officials. Her offense? A traffic misdemeanor.

ICE’s tactics can have life-changing effects, even when its targets are spared deportation. The New Yorker tells of Alejandra Ruiz, brought to the United States as an infant. Last March, she was arrested by ICE agents citing a deportation order issued when she was a toddler. She was shackled and sent to an immigrant-detention facility operated by a private-prison firm. Ruiz was eventually released—she had filed a motion to reopen her childhood case for asylum—but it came at the cost of her livelihood: She lost her job as a senior care worker.

In addition to these activities, ICE is ramping up its mass raids in an effort to spread paranoia and uncertainty in cities with large undocumented populations. The agency is deliberately targeting these “sanctuary cities,” hoping to compel cooperation with their newly aggressive enforcement operations. This is all part of a larger strategy to create an atmosphere of fear and desperation for unauthorized immigrants. It’s behind President Trump’s decision to rescind Deferred Action for Childhood Arrivals and end deportation protections for immigrants from Haiti and El Salvador. Vox’s Dara Lind describes it as “a combination of policy and messaging to keep the threat of deportation hanging over immigrants’ heads” meant to make sure “they don’t get too comfortable here because they could be taken at any minute.”

Anti-immigration hard-liners describe these incidents in the bloodless language of “immigration enforcement,” but that obscures the violence and trauma of what’s happening on the ground: ICE is whisking people away to jails or private prisons and then exiling them from their homes and communities with little chance of recourse or recompense. And the pace is only increasing. While the overall number of “border removals”—those caught trying to cross the border—dropped last year, as a result of economic trends and Trump’s hard-line policies, the proportion of “interior removals” undertaken by ICE increased. Most deportations still involve immigrants from a handful of Latin American countries, but “[t]he number of deportees from other nations rose 24 percent in Trump’s first year,” reports NPR.

The administration is still hoping to increase those efforts. A proposal released by the White House last week asked Congress to grant additional funds to hire more ICE agents as part of an overall increase in “border security” that would be effectively traded for a path to citizenship for more than 1 million Dreamers.

It will be up to Democrats to block those additional funds and, perhaps, to build a broader case against ICE and its tactics. Some high-profile Democrats, like Sen. Kamala Harris of California, have already publicly condemned the agency. “ICE raids across the country have torn mothers apart from their children. The raids lack transparency, spread fear, and harm public safety,” she said last year in a Facebook post. More recently, following a report that ICE was planning raids in retaliation to a new California law limiting cooperation between local law enforcement and federal immigration authorities, Harris said that such raids would be “an abhorrent abuse of power.”

Given the extent to which Democrats have helped build the architecture for today’s ICE, Harris’ statements—as well as similar ones by House Minority Leader Nancy Pelosi—may mark the beginning of a new and needed skepticism toward the agency. And if so, then the logic of their critique doesn’t just point toward reform—it points toward a fundamental rethinking of immigration enforcement and a move away from the authoritarianism of ICE as it exists.

What the country needs, in other words, is an honest discussion about whether ICE can be effectively reformed or if it must be abolished and replaced by an agency that can carry out its mission in a more effective and humane way.”

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Meanwhile, over in the Southern District of New York, U.S. District Judge Katherine B. Forrest had enough of ICE’s “Gonzo” tactics following the mindless arrest of immigration activist Ravi Ragbir. She blasted ICE’s actions in ordering Ragbir’s release to say good-bye to his family and wind up his affairs. Judge Forrest characterized ICE’s actions in detaining Ragbir as “unnecessarily cruel.”

Here is a copy of Judge Forrest’s order in Ragbir v Sessions:

Ravi.Order

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Useless, counterproductive removals, waste of Government enforcement resources, irrationality, and unnecessary cruelty are, of course, at the heart of the Trump/Sessions/Miller immigration enforcement program. Certainly, the performance of ICE under Trump — not especially good at removing real criminals and threats or any other type of legitimate law enforcement — much better at busting minor offenders and law-abiding community members  and sowing terror in ethnic communities — provides a compelling argument that DHS does not need any additional enforcement agents.

Indeed, I have hypothesized that what Trump, Sessions, Miller, and the White Nationalists are really doing is building the DHS into an internal security police force that will be used against all of those the Administration fears or views as opponents of their “Totalitarian-Wannabe State.”

In the meantime, arbitrary use of force and calculated unnecessary cruelty are likely to remain staples of the DHS under Trump. That’s why ICE is fast becoming American’s most loathed, mistrusted, and unprofessional police force. Bouie might well be right. Assuming that America recovers from the Trump regime, unfortunately not necessarily a given, ICE might well need to be abolished and “replaced by an agency that can carry out its mission in a more effective and humane way.”

PWS

01-30-18