"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.
Gabe Ortiz Staff Writer The Daily Kos PHOTO: dailycos.com
Gabe Ortiz in the Daily Kos:
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Republicans will use Title 42’s rollback “to fearmonger in an election year, using nativist talking points based on falsehoods,” The Boston Globe columnist Marcela García writes. “An invasion is coming! Expect chaos at the border! Yet those sound bites ignore the fact that Title 42 utterly failed even as a border management mechanism: Data show that migrant encounters surged to a record high during the policy.”
Marcela Garcia Associate Editor and Columnist Boston Globe PICTURE: bostonglobe.com
“For Biden and the Democrats, the end of this disastrous policy should not be framed as a political headache, butas an opportunity to demonstrate that it is possible and suitable to process asylum applications in an orderly, legal, and humane way at the US-Mexico border,” she continued, noting new policy intended to speed up asylum processing, and a plan “that includes directing more resources and personnel to the southern border.”
What a mess. Everyone is now openly admitting Title 42 has nothing to do with public health and speaking of it purely in terms of an immigration deterrent—which it isn’t. Title 42 drove up apprehension numbers! There have been 750,000 repeat crossings thanks to Title 42.
Marianne LeVine
@marianne_levine
Tester:”Ending Title 42 is expected to cause a significant increase of migration to the United States and put more pressure on an already broken system. These problems do not only affect the southern border, but put more strain on those working to secure the northern border”
Aaron Reichlin-Melnick
@ReichlinMelnick
The amount of lies and misinformation about Title 42 is hitting a fever pitch. Title 42 has been an abject failure. It’s not about public health and it’s a terrible deterrent.
It’s shut down the asylum system at the ports of entry and forced desperate people into crossing.
García is right. For as long as we can successfully keep this policy from continued use, it should be framed as a huge step forward for U.S. asylum law and a victory for vulnerable people who have been blocked from their U.S. asylum rights for more than two years. Isn’t restoring asylum law, especially in light of Russia’s invasion of Ukraine, undoubtedly a good thing? And why shouldn’t it be a win for the president, too, comporting to his pledge for a more humane immigration system?
It’s past time for ALL Dem pols and EVERYONE in the Biden Administration to stop enabling racist false narratives about refugees and asylum seekers (and, for Garland to stop “defending the indefensible”)! And, that means that one way or another, the Biden Administration needs to get off their tails and put in place a system to “process asylum applications in an orderly, legal, and humane way at the US-Mexico border.”
It’s very possible! And, it’s no less than what Biden and other Dems promised when they ran in 2020 andsolicited the votes of the human/rights, racial justice communities!
In the early morning on Feb. 4, Jose boarded a packed airplane in Illinois filled with handcuffed immigrant detainees just like him. They were en route to another detention center in Oklahoma after theirs was ordered close. During the hour-and-35-minute flight, several people appeared ill, coughing and sniffling, but no one was able to socially distance. A few days later, Jose began experiencing the worst kind of sickness he had ever felt. He had contracted COVID-19. Jose joins the 1,126 other immigrants in Immigration and Customs Enforcement (ICE) detention who are currently being monitored and tested positive for the virus, representing a 395% surge in COVID-19 cases since January when there were only 285 reported cases.
“I was scared at one point. I’ve never been sick like that in my life,” Jose said. “I thought, ‘I’m going to die here.’”
Jose, who has asked to withhold his last name to protect his identity, is 25 years old and has lived in the U.S. since he came with his parents from Mexico at age seven; he has been in immigration detention for three months. He was originally detained in Illinois at McHenry County Jail, but when Illinois Gov. J.B. Pritzker signed the Illinois Way Forward Act, banning private and county-run immigration detention, Jose was one of 17 people from McHenry County Jail transferred to the Kay County Jail in Oklahoma.
“We really want to focus on getting releases and getting folks out of detention, instead of transfers to another facility,” said Gabriela Viera, advocacy manager at the Detention Watch Network. “We need to continue shutting down facilities until we are in a place where there are no more facilities for people to be transferred to.”
Another person in a different immigrant detention center, Jorge, was transferred from a facility in New York to Krome Detention Center in Homestead, Florida. According to advocates from the Queer Detainee Empowerment Project, he was exposed to COVID-19 and tested positive for the virus. Jorge has confirmed widespread reports that there is a complete disregard for the virus within the detention center, with no access to hand sanitizer or vaccines.
According to the National Immigrant Justice Center, both McHenry County Jail and the Jerome Combs Detention Center in Kankakee County experienced COVID-19 outbreaks among the ICE population at the time of these transfers. Advocates, public health experts, and members of Congress raised the alarm to Chicago Field Office Director Sylvie Renda in the days before the transfers about the risks of moving people to jails out of state under these circumstances, but ultimately, about 30 people were transferred from McHenry and Kankakee to Oklahoma, Indiana, and Texas.
“There was no distance between us,” Jose said. “When we got there, they just put us all in the dorm room.”
About four days after arriving in Oklahoma, Jose began feeling sick. His body ached, his sinuses were congested, and he had difficulty standing, especially during routine phone calls where there are no chairs provided. The extreme cold at night only worsened his symptoms, and he developed body shivers, chest pain, and a fever. He put in two requests to see the medic before he was finally tested for COVID-19 and confirmed that he had the virus.
“They’re not testing people regularly, and they’re not socially distancing, they’re not providing people with sufficient hygiene products,” said Diana Rashid, National Immigrant Justice Center’s managing attorney, who is representing Jose in his release request. “The spread is just going to continue.”
The medic gave him fever-reducing medication and vitamin D. He was returned to his 20-person pod and was told to remain in his bunk and try to self-isolate within his dorm room the size of a small basketball court.
“I thought they were going to move me to a cell alone,” Jose said. “But, they just left me in the room. I think I even got someone else sick.”
Jose is now recovering and feels better, but at least one other person has tested positive, with a total of nine positive cases in the detention center, according to ICE. But, Jose says that number may be even larger due to underreporting. When a person tests positive, they are put under quarantine for 10 days, meaning they cannot interact with other pods. Even worse, they are not taken out of their rooms for their court hearings, postponing an already delayed process and forcing them to stay in detention longer than necessary. According to Rashid, it would take about two to four weeks to get the first hearing in Chicago’s immigration court after a person is first detained.
“Everyone’s cases stalled for those who are in quarantine,” said Rashid.
Jose, who has been in quarantine for a majority of his detention, says that people are getting frustrated and desperate with the continued prolonging of their cases. Some are even considering signing the removal papers out of desperation.
“I just want to go ahead with my court proceedings and get out of here,” said Jose. “I want to make it to the light at the end of the tunnel.”
Immigration advocates hope more states will follow Illinois and close their detention centers. A total of 41 people were released from these jails during January in Illinois, but they believe that everyone, including Jose, should have been released on the current ICE enforcement memo guidelines. Advocates are also continuing to push for Congress to cut funding for immigration detention and enforcement and hope to invest in vital programs that uplift their communities instead, like health care, affordable housing, and education.
Prism is a BIPOC-led non-profit news outlet that centers the people, places, and issues currently underreported by national media. We’re committed to producing the kind of journalism that treats Black, Indigenous, and people of color, women, the LGBTQ+ community, and other invisibilized groups as the experts on our own lived experiences, our resilience, and our fights for justice. Sign up for our email list to get our stories in your inbox, and follow us on Twitter, Facebook, and Instagram.
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Assistant Attorney General, Civil Rights, Kristen Clarke looks for civil rights violations by state and local governments. Yet, she studiously ignores those being committed in broad daylight by her boss’s dysfunctional and biased Immigration Courts and the immigration detention empire he enables, supports, and defends.
As Alexandra’s report notes, one well-known result of prolonged detention in intentionally unsafe and substandard conditions is to “duress” individuals into giving up legal rights. Could there be a clearer violation of our Constitution going on right under Garland’s nose? I doubt it! But, no stand against these clear abuses. It’s as if “Gonzo” Sessions, “Billy the Bigot” Barr, and “Gauleiter” Stephen Miller were still calling the shots for Garland!
“The New American Gulag” (“NAG”) operates right under the noses of civil rights honcho Kristen Clarke and her boss AG Merrick Garland with their blessing. Indeed, they have “embedded courts” in the NAG! So much for the Biden Administration’s commitment to civil rights. GULAG PHOTO: Public Realm.
Almost from the “git go,” the Biden Administration has avoided dealing effectively and honestly with the “second (or third) class justice system” being inflicted by the DOJ, disproportionately targeting individuals of color and ethnic communities in America! It’s a rather glaring case of “do as I say, not as I do” that doesn’t appear to have escaped the notice of some Trump Article III judges. They turn the DOJ’s spineless “Dred Scottification” and “Miller Lite” actions and arguments back against them to undermine racial justice, fundamental fairness, and truth in all areas.
In a truly revolting🤮, yet highly revealing, interview with Savannah “Why Am I Giving Air Time To This Bad Dude” Guthrie on today’s Today Show, “Billy the Bigot” Barr made it clear that he considers corruption, lies, fascism, racism, and the final destruction of American democracy a “small price to pay” to fight the “real problem:” Progressive, humane, values-based governance in the common public interest.
But, somehow, Garland and others in the Biden Administration see no reasons to take a stand against this dangerous nonsense!
Remember folks, BTB is the overt racist who casually and glibly told Lester Holtthat “Black Lives Matter” is the “Big Lie!” He knows there will be no accountability for GOP enablers like him! Who’s the next “exclusive” for the NBC News crew, the Grand Dragon of the KKK? And, you can bet that if empowered again, the GOP will have no problem reviving the “White Nationalist Clown Show”🤡 @ DOJ.
That leaves the fight for the future of our nation to the NDPA and others who believe that America doesn’t necessarily have to spiral downhill into a “MAGAland” grave, ⚰️ but could actually become something better than we are today! It’s not a given that we can build a better nation and a better world, but it is a possibility.
Will the next generation stand up for a better future for everyone, or fulfill the nasty, backward-looking vision of lies, hate, and intolerance that BTB and the rest of the GOP right have mapped out for them?
So far, defending this guy and his cruel policies is about the only thing that Judge Garland has done well at a DOJ that continues to treat “justice” for migrants of color as a joke! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.comUnlike Miller, the “losers” under Garland’s unconscionable policies often aren’t in a position to complain — at least in this world! EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)
On Thursday, a federal appeals court allowed the continued use of the Title 42 policy, pushed initially through the previous administration by Stephen Miller, that’s used the novel coronavirus pandemic as an excuse to quickly deport asylum-seekers, including thousands of Haitians who have arrived at the southern border in search of help.
The Biden administration was set to be blocked from using the policy against families, following a federal judge’s order earlier this month. That lower court order was set to go into effect Thursday. But the policy was saved by the Biden administration, which had shockingly appealed the lower court’s decision. To be clear, the administration could have let the lower court decision stand. But it decided to protect this scientifically unsound order for continued use.
“It’s troubling to see the court grant the government’s motion to reinstate Title 42 just days after the district court ruled that its policy violates U.S. law,” Oxfam America global policy lead Noah Gottschalk told NBC News. The group is among the organizations that have led lawsuits against the policy. “We all saw the horrific images of the abuse faced by Haitian asylum-seekers subjected to Title 42, and we cannot allow people to face further harm because of this xenophobic policy.”
Department of Homeland Security Sec. Alejandro Mayorkas has claimed it is continuing Title 42 “out of a public health need.” Meanwhile, White House Press Sec. Jen Psaki has defended the policy as “a public health requirement.” That’s complete bullshit. “Vice President Mike Pence in March directed the nation’s top disease control agency to use its emergency powers to effectively seal the U.S. borders, overruling the agency’s scientists who said there was no evidence the action would slow the coronavirus,” The Associated Press (AP) reported last October.
The previous administration got its way by twisting arms. There was no science involved, only anti-immigrant and anti-asylum animus. “That was a Stephen Miller special. He was all over that,” a former Pence aide told the AP.
And, as vaccines have become readily available, the supposed rationale to keep Title 42 in place has only gotten more flimsy. If this is truly all about public health, why not rescind the policy and offer families the single-shot Johnson & Johnson vaccine? “Let me also remind the Biden administration that over 300,000 people cross the border from Mexico every day through ports of entry,” American Immigration Council Policy Counsel Aaron Reichlin-Melnick tweeted in July. “None are given COVID tests, unlike migrants who all get tested and nearly all get vaccinated.”
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“Miller Lite” – Garland’s Vision of “Justice @ Justice” for Communities of Color — Progressive human rights experts and migrants of color haven’t been welcome at Garland’s DOJ “Happy Hours” where Stephen Miller’s policies, his judicial appointments, and his dysfunctional “star chamber” immigration courts are celebrated, defended, and even “enhanced!”
Read more about this legal, moral, and political travesty perpetrated by the Biden Administration with Garland’s support at the link.
When it comes to things like defending ending the reprehensible “killer-program” known as “Remain in Mexico” or protecting the DACA program, Garland’s litigation team has fared poorly.
They also have drawn raised eyebrows, even if not yet any ethical complaints, from Article III Judges for their questionable representations and disingenuous defense of wrongfully issued BIA final orders of removal.
Perhaps, part the problem is that after four years of “anything goes” often misleading, sometimes downright dishonest, defense of the Trump/Miller White Nationalist xenophobic, often misogynistic, dehumanizing agenda, their hearts aren’t in it. The other glaring problem is the obvious lack of commitment to progressive humanitarian values, due process for all, and “cleaning house” at a broken and dysfunctional DOJ that has been shown by Garland.
Obviously, Garland’s DOJ lawyers are more at home and more successful when when arguing for intellectually dishonest and unconstitutional dehumanization (or “Dred Scottification”) of “the other,” primarily individuals of color who are the most vulnerable among us.
What a totally disgraceful legacy for a guy that was once just “one Moscow Mitch” away from the Supremes! On the other hand, it now appears that the GOP right wingers wouldn’t have had much to fear from a guy who won’t stand up for liberal American democratic values or even simple human decency! I doubt that he would have presented much threat to the far-right, anti-American agenda!
Hon. David Estudillo Washington State Judge Nominee for USDC WD WA PHOTO: YouTube
President Biden’s judicial nominees continue to maintain a truer representation of America. Judge David Estudillo, nominated for the Western District of Washington, would be only the second Latino judge to ever serve on that court. Confirming Judge Estudillo moves us toward a future where all people see themselves reflected on the federal bench. Can you help us urge the Senate to confirm Judge Estudillo?
Judge Estudillo has served as a state court judge on the Grant County Superior Court in Washington for six years. He previously operated his own law firm for 10 years where he represented people seeking asylum, DACA protections, work authorizations, temporary protected status, and citizenship.
His personal and professional experience would bring an important voice to a district that represents more than 1.1 million immigrants and nearly 1 million Latinx people. We must urge the Senate to confirm Judge Estudillo.
On July 15, the Senate Judiciary Committee voted to advance a number of Biden’s judicial nominees who will help restore integrity and fairness to the federal bench after Trump’s devastating conservative overhaul of our courts.
Judge David Estudillo is one of the nominees the committee advanced and one of three nominees currently pending on the Senate floor for the U.S. District Court for the Western District of Washington.
Judge Estudillo’s parents were farmworkers who immigrated to the U.S. from Mexico. If confirmed, he would be the second Latino judge ever to serve on this court. It is crucial that the more than 1.1 million immigrants and nearly 1 million Latinx people in Washington feel that they are represented on the courts by people who share their experiences and identities.
Even if you don’t live in Washington, we can all agree that confirming civil rights lawyers to our courts benefits every single person in the country. Confirming Judge Davis Estudillo moves us toward a future where all people see themselves reflected on the federal bench.
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As I always say: “Better Judges for a better America!” This a step forward, although we still have a long way to go to repair the extensive damage inflicted on the Federal Judiciary by Trump & McConnell.
Moreover, as I will discuss below, one of America’s most important (and readily “improvable”) judiciaries, one completely controlled by the Biden Administration, the U.S. Immigration Court, has actually taken steps backward in terms of progressive appointments under Garland. It’s like a new coach taking over in the 4th quarter of a game his team is losing 48-7 and saying “OK, let’s spot them another 17 points before we start playing to win!” Incredible, yet, sadly, true!
As the latest census shows an increasingly diverse America, the Article III Federal Judiciary remains an embarrassing backwater of “non-diversity.” This was intentionally aggravated by Trump & McConnell who, as noted above, elevated primarily White ultra right wing men, many with thin or questionable qualifications, to the Federal Bench!
As stated above:
It is crucial that the more than 1.1 million immigrants and nearly 1 million Latinx people in Washington feel that they are represented on the courts by people who share their experiences and identities.
Evidently, AG Merrick Garland and his team @ DOJ haven’t gotten that message. So far, Garland’s appointments to the Immigration Court, and the composition of his BIA, look more like Stephen Miller’s, Billy Barr’s, and Jeff “Gonzo Apocalypto” Sessions’s “skewed whitewashed vision” of America than they do the real America. That’s particularly true when you consider the American communities whose lives and futures are existentially affected (primarily adversely) by substandard and biased EOIR decisions that continue to be cranked out under Garland. This is despite a few moves by Garland to “kill off” the most horrible of the many bad precedents cranked out by the AG and the BIA during the Trump regime.
Judge Estrada sounds like just the type of individual that Garland should be appointing to theU.S. Immigration Court and the BIA. Compare Judge Estrada’s experience, qualifications, and “real life” background and human engagement with the lackluster profiles of Immigration Judges recently appointed by Garland and with many of those appointed to the Immigration Court and the BIA over the past two decades.
There are plenty of diverse, extraordinarily talented, courageous, practical experts out there in the NDPA to reform and improve the EOIR Judiciary at all levels! Many haven’t applied in the past (or have had their applicants rejected in favor of lesser-qualified candidates) because of the White Nationalist, xenophobic, nativist tone set by Sessions and Barr. Indeed, I spoke over the weekend to one of the leading progressive immigration/human rights experts in America who felt that way. Obviously, I encouraged that “NDPA superstar” to submit the applications — not just for EOIR but also for the Article III Judiciary which also needs to get its act together on human rights, immigration, and racial justice.
Garland & team need to reform and improve the selection criteria, involve outside expert input, and then actively recruit the “best and the brightest” from the NDPA to remake and elevate the Immigration Judiciary! As I have mentioned before, my colleagues in the Round Table and I have done more outreach, cajoling, inspiring, and recruiting among the progressive immigration and human rights community to apply for EOIR jobs than have those at DOJ and elsewhere in the Administration whose job it should be to do just that! It’s ridiculous, and it’s wrong!
No wonder things continue to be an ungodly mess at EOIR despite mountains of blueprints, action plans, and other readily achievable reform recommendations and proposed improvements produced by practical experts in the immigration/human rights/racial justice community! The Immigration Judiciary cries out for diverse, progressive, talented, practical scholar “role models” drawn from the NDPA!
Lucas Guttentag, are you listening somewhere out there? Don’t get co-opted by the DOJ bureaucracy that overall failed to stand up to Trump and his gang of insurrectionists! Don’t let the new leadership at DOJ “de-prioritize or back burner” essential, long overdue, achievable EOIR reforms! Expose “Obamathink revolution by evolution” as the ridiculous and dangerous nonsense that it is (and always was)! Fight for your ideals, speak out, and shake up this disastrously broken and unfair system with the progressive change we need! At this point in your distinguished career, what do you have to lose? Those who consciously chose “not to rock the boat” at EOIR in the past, when human lives, due process, and human dignity were at stake, now share in the responsibility for its sinking!
In The Atlantic, journalist Jonathan Karl gives us a short look at Trump attorney general William Barr’s last weeks in power according to William Barr himself, who was kind enough to grace Karl with a series of interviews out of the innate goodness of his heart. Oh, and because Barr is now seen by many as the most thoroughly partisan and corrupt attorney general in a generation, which is going to seriously cut down on future speaking fees if he can’t figure out how to massage the record back into something vaguely defensible.
The actual news out of it is Not Damn Much, but this is a good opportunity to revisit the First Rule Of News Consumption: Be aware of the source. From the nation’s top powerbrokers to man-on-the-street interviewees, anyone talking to a reporter about their own doings is going to tell that reporter the most flattering version of events they think they can get away with. Many of the most important details about what Trump and his core team did in their attempts to overturn a United States election remain murky because those most in the know, like ex-House Republican turned chief of staff Mark Meadows, are clamming up.
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Great, super. So again we have a situation in which everyone around Trump was pretty damn certain he had gone off the rails, jumped the trolley, sprung a brain-leak, and had become devoid of marbles but nobody in government, from Secret Service on down, was willing to toss him in a burlap sack, tie it shut, and declare that Mike Pence was taking charge because the sitting president had developed a serious case of bananapants.
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You an read the full story at the link.
The key takeaway for progressives is that Barr is the guy that AG Merrick Garland HONORED by appointing 17 of his flawed selections to an Immigration Judiciary already reeling from a one-sided infusion of judges with questionable qualifications into a system weaponized against individual asylum seekers, other migrants, and their lawyers.
So far zero (0) progressive judges from the community of experts and advocates who helped show Barr the exit and elect Biden and Harris have been tapped for these “life or death” quasi-judicial positions. Rumor has it that’s about to change. But, that will hardly restore scholarship, due process, and balance to a disastrously “out of wack” deportation railroad!
Nothing will stop him from discarding the dog whistle and grabbing a bullhorn in his racist tweets and shouts.
Whatever happens to Donald Trump, however long it takes before he’s out of office, there’s one area where it will be hard to stop the spread of his poisonous politics: his stoking of racial hatred.
Trump and Republicans keep trying to turn the murder of Iowa college student Mollie Tibbetts, allegedly done by an immigrant who may have been in the United States illegally, into a campaign issue, trying further to stir up anger and raise fears about immigrants among Trump’s base. But they conveniently ignore the murder of 18-year-old Nia Wilson on a BART train in Oakland, California, allegedly committed by a white supremacist.
It’s not hard to figure out their reasoning: Tibbetts was white, and her accused killer is Latino. Wilson was African-American, and her accused killer is white. Crimes by “others” are by definition bad and scary, to a racist’s way of thinking. Crimes by whites must be a sign of mental illness, right?
Multiple reports and analyses show that the number of hate crimes against minorities have risen since Trump became president, and that the number started rising the day after the election in 2016. “There were more reported hate crimes on Nov. 9 than any other day in 2016, and the daily number of such incidents exceeded the level on Election Day for the next 10 days,” says a report from The Washington Post.
Even the increase in hate crime numbers is no doubt understated, because hate crimes are always underreported. But they have been rising all over the country, in cities, in small towns, and on college campuses, ever since Trump’s election. Victims encompass all minorities: African-American, Latino, Muslim, LGBT, Asian-American, and immigrants of multiple nationalities. Except, of course, for immigrants from Western European countries like Norway. Immigrants from “shithole countries” are obviously still fair game.
Over the last decade, extremists committed 387 murders in the United States, according to a report by the Anti-Defamation League. Of those, 71 percent were done by white supremacists and other right-wing extremists. Islamic extremists were responsible for only 26 percent.
When do hate crimes occur? There’s no shortage of bigoted remarks and bombastic insults at his campaign rallies, often rousing his supporters into shouts against whatever minority group he currently has in his cross hairs, whether that’s the media, immigrants, Muslims, or whatever his outrage du jour.
But often, says one study, hate crimes occur right after a bigoted Trump tweet.
An online paper published on the Social Science Research Network found a pattern of an increase in anti-Muslim hate crimes after particularly virulent anti-Muslim tweets. From the paper’s abstract:
We show that the rise in anti-Muslim hate crimes since Donald Trump’s presidential campaign has been concentrated in counties with high Twitter usage. Consistent with a role for social media, Trump’s Tweets on Islam-related topics are highly correlated with anti-Muslim hate crime after, but not before the start of his presidential campaign.
A commentary on the study in Scientific American cautioned that the link between Trump tweets and anti-Muslim hate crimes is correlational and not necessarily causal. Still, the researchers “point out that their findings are consistent with the idea that Trump’s presidency has made it more socially acceptable for many people to express prejudicial or hateful views that they already possessed prior to his election.”
Making such prejudicial and hateful views “socially acceptable” is the crux of the problem. We all know that racism exists and always has existed. With Trump’s ascendancy, people with those racist views have ripped away the layer of social responsibility, giving them (in their own eyes) permission to express racism openly, with little fear of repercussion. The abundance of cell phone videos distributed on social media showing insults, harassment, arrests, attacks, and even some killings illustrates the fact that harassment toward people who are merely #LivingWhileBlack is an everyday occurrence.
Though Trump and Fox News fearmonger Tucker Carlson will always be able to find inflammatory cases of young white women killed by sinister brown men, studies overwhelmingly show that immigrants, including illegal immigrants, commit crime at far lower rates than do native-born citizens. As the percentage of foreign-born increased in the United States from 7 percent to 13 percent between 1990 and 2013, violent crime rates fell 48 percent.
Politically, though, what matters is the first statistic — the increase in foreign-born. […]
The always fraught challenge of incorporating this generation of immigrants — assimilating, learning from, being enriched by — will be that much harder and take that much longer. It will happen; most of those people are not going away, no matter how much Trump dreams of deportation, and the country’s adaptive genius will be stronger than the Trump poison.
But the poison will linger. And when history considers how the Mitch McConnells and Paul Ryans acquiesced to Trump’s many depredations, it will be their failure to stand up for respect and tolerance between one human being and another that will be judged most harshly.
Since he stepped on the political stage, Donald Trump has electrified the radical right. Through his words and actions, he continues to deliver for what he clearly sees as his core constituency. As a consequence, we’ve seen a rise in hate crimes, street violence and large public actions organized by white supremacist groups that have been further emboldened by the president’s statements about “shithole countries” and his policies targeting refugees and immigrants of color.
Nothing will stop Trump from exploiting the racial and ethnic fear and hatred he has espoused for decades and brought out into the open when he descended that escalator in Trump Tower in June 2015, spouting nonsense about Mexico sending rapists and drug dealers to the U.S. Nothing will stop his base from cheering about a nonsensical wall that will never be built (and Mexico certainly will never pay for). Nothing will stop him from discarding the dog whistle and grabbing a bullhorn in his racist tweets and shouts.
Ultimately, that will be Donald Trump’s legacy: MARA—Make America Racist Again
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White Nationalist racism is at the core of the Trump/Sessions/Miller immigration agenda. I don’t see how one can push that agenda while denying its underlying ugly intent.
“It, uh, doesn’t sound like the Trump-Sessions Justice Department is going to prevail in its argument to the U.S. Supreme Court that citizenship can be revoked over any misstatement or failure to disclose at all, however minor, that a person included (or didn’t include) on their citizenship application. Yes, Justices Sonia Sotomayor, Elena Kagan, and Ruth Bader Ginsburg were all vocally skeptical. But there was also this, from Chief Justice John Roberts:
“Some time ago, outside the statute of limitations, I drove 60 miles an hour in a 55-mile-an-hour zone,” the chief justice said, adding that he had not been caught.
The form that people seeking American citizenship must complete, he added, asks whether the applicant had ever committed a criminal offense, however minor, even if there was no arrest.
“If I answer that question no, 20 years after I was naturalized as a citizen, you can knock on my door and say, ‘Guess what, you’re not an American citizen after all’?” Chief Justice Roberts asked.
Robert A. Parker, a Justice Department lawyer, said the offense had to be disclosed. Chief Justice Roberts seemed shocked. “Oh, come on,” he said.
It sounds an awful lot like the Trump regime is looking for the right to revoke any naturalized person’s citizenship at any time, while creating an enormous new hoop for people seeking citizenship to jump through. Can you remember every single thing you’ve ever done?
Divna Maslenjak, the woman whose case prompted this exchange, could still face legal problems, since she had claimed that her husband had avoided military conscription in Bosnia when really he served in a unit that committed war crimes. But whatever the specific result for Maslenjak, it doesn’t seem likely that the Trump regime is going to get the far-ranging power it was effectively seeking:
Roberts added that it might not be a constitutional problem, but “it is certainly a problem of prosecutorial abuse.” Given the wide range of questions on the naturalization form, he observed, the government’s position would mean that government officials would have “the opportunity to denaturalize anyone they want, because everybody is going to have a situation where they didn’t put in something like that.” “And then the government can decide,” Roberts warned, “we are going to denaturalize you for reasons other than what might appear on your naturalization form, or we’re not.” For Roberts, giving that “extraordinary power, which essentially is unlimited power,” to the government would be “troublesome.”
Welcome to the Donald Trump presidency, Mr. Chief Justice.”
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For many years (at least as long as I’ve been in DC — since 1973) the DOJ, and in particular the Solicitor General’s Office, has occupied a position of unusual respect and credibility with the Supremes. Indeed, the Solicitor General is sometimes referred to as the “10th Justice” because the Supremes often defer to his or her judgment on whether a case merits certiorari.
But, with Jeff “Gonzo Apocalypto” Sessions at the helm, I wouldn’t be surprised to see the DOJ lose its vaunted reputation and be treated with the same degree of skepticism that other litigants face from the Supremes.
To be fair, however, the DOJ’s “boneheaded” position in Maslenjak originated in the Obama Administration which also, thanks in no small way to its tone deaf handling of many immigration cases (particularly those involving crimes) also “wore out its welcome,” so to speak, with the Supremes.
Perhaps, it’s just the general arrogance with which the Executive Branch and the DOJ have functioned over the last several Administrations of both parties. And, Congress, largely as a result of the GOP and its Tea Party wing, turning into “Bakuninists”– promoting anarchy and achieving almost nothing of value since the enactment of Obamacare, has not helped stem the tide of Executive overreach.
“We’re going to get paid for it one way or the other,” Attorney General Jeff Sessions said of President Trump’s proposed border wall while speaking with ABC’s George Stephanopoulos on Sunday. After raising the issue, Stephanopoulos asked if Sessions has any evidence Mexico will fund construction, as Trump repeatedly promised on the campaign trail.
Sessions conceded he does not expect the government of Mexico to “appropriate money,” but maintained the United States has other options to get money from Mexicans. We could “deal with our trade situation to create the revenue,” he suggested, or, “I know there’s $4 billion a year in excess payments,” Sessions continued, “tax credits that they shouldn’t get. Now, these are mostly Mexicans. And those kind of things add up — $4 billion a year for 10 years is $40 billion.”
Sessions appears to be referencing a 2011 audit report Trump also cited while campaigning. As Politifact explains, the report said that in 2011, $4.2 billion in child tax credits was paid to people filing income taxes using an Individual Taxpayer Identification Number (ITIN) instead of a Social Security number. Some of these filers are illegal immigrants, but many are legal foreign workers, and the audit did not say how many are Mexican.
“The vast majority of that $4.2 billion, the filer may be undocumented, but you have to have a child to receive it,” said Bob Greenstein of the Center on Budget and Policy Priorities. “And the children are overwhelmingly U.S. citizens.” Watch an excerpt of Sessions’ remarks below. Bonnie Kristian”
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Go to the above link to see the ABC clip that Kristian references at the end of her article.
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Reaction from Daily Kos wasn’t very subtile. Here’s Gabe Ortiz’s “headliner:”
Ortiz isn’t the only one to publicly “call out” Sessions’s motivation for his almost daily attacks on immigrants. Here’s what California State Senate leader Kevin de Leon (D-Los Angeles) had to say, as reported in the L.A. Times: “It has become abundantly clear that Atty. Gen. [Jeff] Sessions and the Trump administration are basing their law enforcement policies on principles of white supremacy — not American values. . . .”
Read the full L.A. Times article, including Republican reaction to de Leon’s remarks, here:
De Leon was not the only California public official to strike back at Sessions’s attack on so-called “Sanctuary cities” last week. As reported in the L.A. Times, in a “Battle of the AGs:”
“[California Attorney General Xavier] Becerra said on Friday that threats to withhold federal funds from states and cities that limit cooperation with federal immigration authorities are reckless and undermine public safety.
. . . .
Becerra said Sunday that California is ready to fight any attempt to withhold federal funds.
“Whoever wants to come at us, that’s hostility, we’ll be ready,” Becerra said. “We’re going to continue to abide by federal law and the U.S. Constitution. And we’re hoping the federal government will also abide by the U.S. Constitution, which gives my state the right to decide how to do public safety.”
The state attorney general was skeptical about comments by President Trump in recent days that so-called Dreamers —young immigrants brought to this country illegally by a parent — will not be targeted for immigration enforcement.
“It’s not clear what we can trust, what statement we can believe in, and that causes a great deal of not just anxiety, but confusion — not just for those immigrant families, but for our law enforcement personnel,” Becerra said.
He also denounced the Trump proposal to build a wall at the U.S.-Mexico border as a “medieval solution” to immigration issues, adding that neither U.S. taxpayers nor Mexico want to pay for the proposal.”
I reported some time ago that California was “lawyering up” by hiring none other than former U.S. Attorney General Eric Holder to advise on litigation strategies to resist the Fed’s efforts to punish “sanctuary jurisdictions.” Here’s a link to my earlier blog: http://wp.me/p8eeJm-4w.
Lots of Attorneys General and former Attorneys General could be involved in this one before it’s over! As I’ve said from the beginning, whatever he might do for U.S. workers, President Trump is a huge boon to the legal industry! If you doubt this, just go on over to TRAC Immigration and see how civil immigration litigation has increased dramatically under Trump. http://trac.syr.edu/immigration/reports/467/ . (Thanks to Nolan Rappaport for forwarding this to me!)
Instead of solving legal problems, it appears that A.G. Jeff “Gonzo-Apocalypto” Sessions is fixated on going to war with the “other America” that doesn’t share his and Trump’s negative views of immigrants. Stay tuned!
“When Christians think of the meaning of Easter Sunday, it symbolizes resurrection and hope. When I think of Easter Sunday in the black community, I think of all the ladies in their wonderful hats heading off to church. However, I don’t ever forget that Easter Sunday also marked one of the most horrible massacres of black citizens in U.S. history. It’s hard to erase the images in my mind of black bodies riddled with bullets, blown apart by cannon fire. They died at the hands of white supremacists who lost the Civil War but who won the years ahead, because they were able to destroy Reconstruction. I take a moment of silence and say a prayer for the dead, many of whose names we will never know.
This story from The Root on the Colfax Massacre, writtenby Dr. Henry Louis Gates Jr., gives the details. It’s worth reading in its entirety.
In Colfax, La., on Easter Sunday 1873, a mob of white insurgents, including ex-Confederate and Union soldiers, led an assault on the Grant Parish Courthouse, the center of civic life in the community, which was occupied and surrounded — and defended — by black citizens determined to safeguard the results of the state’s most recent election. They, too, were armed, but they did not have the ammunition to outlast their foes, who, outflanking them, proceeded to mow down dozens of the courthouse’s black defenders, even when they surrendered their weapons. The legal ramifications were as horrifying as the violence — and certainly more enduring; in an altogether different kind of massacre, United States v. Cruikshank (1876), the U.S. Supreme Court tossed prosecutors’ charges against the killers in favor of severely limiting the federal government’s role in protecting the emancipated from racial targeting, especially at the hands of the Ku Klux Klan.
Historians know this tragedy as the Colfax Massacre, though in the aftermath, even today, some whites refer to it as the Colfax Riot in order to lay blame at the feet of those who, lifeless, could not tell their tale. In his canonical history of the period, Reconstruction: America’s Unfinished Revolution, 1863-1877, Eric Foner has called the Colfax Massacre “[t]he bloodiest single instance of racial carnage in the Reconstruction era.”
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What kind of folks would still have a racist historical marker like this in their community? What kind of state would permit it?
Interesting questions, because we now have an Attorney General, Jeff Sessions, who wants to turn civil rights enforcement and local police monitoring back over to the very states and localities with appalling records of racism, exclusion, and brutality directed at African Americans and other minority communities. In other words, Sessions actively seeks a return to U.S. Government inaction in the face of white supremacy, discrimination, and violation of minority rights.
While planning to turn his back on the legitimate responsibilities of the Federal Government to protect its citizens rights from overreaching by states and localities, Sessions disingenuously plans to force those states and localities which are trying to protect the rights of those in their communities to assist in Federal immigration enforcement.
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