‼️⚖️🗽ATTENTION: NDPA PRACTICE ALERT: USCIS Announces FY 2025 Diversity Visa (“DV”) Window!

GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera

Submitted by Professor Alberto Benitez at GW Law Immigration Clinic: 

The entry submission period for the FY2025 Diversity Visa lottery is from 12:00 pm (ET) on October 4, 2023, to 12:00 pm (ET) on November 7, 2023. Please see the attached.

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Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

650 20th Street, NW

Washington, DC 20052

(202) 994-7463

(202) 994-4946 fax

abenitez@law.gwu.edu

THE WORLD IS YOURS…

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Thanks my friend!

The window opens,

Open Window
Open Window

And the window closes.

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🇺🇸Due Process Forever!

PWS

09-30-23

SATURDAY SATIRE: WE COULD ALL WISH: “Fauci Urges Non-Essential Worker to Go Home” 🤡

Andy Borowotz
Andy Borowitz
Political Satirist
The New Yorker

Fauci Urges Non-Essential Worker to Go Home

WASHINGTON (The Borowitz Report)—Dr. Anthony Fauci has urged a non-essential employee of the White House Coronavirus Task Force to go home immediately, Fauci confirmed on Friday.

Speaking to reporters, the esteemed virologist said that he made the decision to expel the worker for “the health and safety of others.”

“He said that he felt fine coming to work every day,” Fauci said. “I told him, ‘You may feel fine, but by coming into work you are endangering the lives of countless others.’ ”

Fauci said that his decision to send the non-essential worker home was based on the most recent scientific findings.

“What we’re learning is that breathing and talking can put lives in jeopardy, and this one worker did more breathing and talking than anyone else on the team,” he said.

The employee is expected to spend fourteen hours a day in isolation watching television, a two-hour increase from his normal routine.

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Somewhere, a carnival is missing its Top Clown!🤡

😎

PWS

04-04-20

TRUMP WILL SUBMIT D.O.A. ELITIST PROPOSAL TO REPLACE REFUGEES & FAMILY IMMIGRANTS WITH SO-CALLED “MERIT BASED” IMMIGRANTS — Likely To Please Neither Dems Nor GOP Nativists!

https://www.wsj.com/articles/trump-to-launch-fresh-immigration-overhaul-bid-11557956429?emailToken=e91bcce392c236a27eb93bec537f274d3Xya4bEDbDZFodGbWxJ/4u0NUXuEAvnPgbSb156wwi6WWZEFlWQFJx37NiRp5fBg1aDR4xXis2M/73eDEh0S7VsigposAuJSIWJu7s2zRoE%3D&reflink=article_email_share

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.

PWS

05-17-19

 

 

THE HILL: A Different Approach to DACA? Nolan Asks Whether Redefining DACA In Terms Of Special Immigrant Juvenile (“SIJ”) Provisions Could Save The Day?

http://thehill.com/opinion/immigration/380265-trump-dems-can-solve-the-daca-problem-by-redefining-it

 

Family Pictures

Nolan writes:

“. . . .

It might be more productive at this point to put negotiations about DACA and DREAM Acts aside and try a different approach. My suggestion is to work on creating a place in the Special Immigrant Juvenile (SIJ) program for the DACA participants.

This little-known humanitarian program makes lawful permanent resident (LPR) status available to undocumented alien children in the United States who have been abused, abandoned, or neglected by one or both parents and who should not be returned to their own countries.

. . . .

DACA

Undocumented aliens were considered for the DACA program if they:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the U.S. before reaching their 16th birthday;
  3. Have continuously resided in the U.S. since June 15, 2007;
  4. Were physically present in the U.S. on June 15, 2012, when they filed their DACA applications; and
  5. Had no lawful status on June 15, 2012.

The aliens in both programs came to the United States as children and humanitarian relief is warranted in both situations to prevent them from having to return to their own countries. The SIJ aliens would be returning to abuse, neglect, or abandonment; and the DACA aliens spent their childhoods here and know no home other than America.

The need for the new category would end when all of the DACA participants have been taken care of, but this should not be a problem. Section 1059 of the FY2006 National Defense Authorization Actestablished Special Immigrant status for Iraqi and Afghan nationals who had served as translators for the U.S. Armed Forces, and the need for that program will end when the translators are no longer needed.

Trump’s Framework

The first pillar of Trump’s framework is the legalization program.

Putting the DACA participants in the SIJ program would facilitate a compromise on Trump’s pillar requiring an end to chain migration.

The SIJ provisions take away a participant’s right to confer immigration benefits on his parents when he becomes an LPR.  INA §101(a)(27)(J)(iii)(II)states that, “no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act.”

This restriction continues even if they naturalize.

It might be necessary to amend this provision to include the rest of the family-based classifications that Trump wants to eliminate, but that would be a much smaller concession than terminating chain migration for everyone.

The other two pillars are the wall and ending the Diversity Visa Program(DVP).

Trump has made it very clear that he will reject any deal that does not include funding for his wall.

Lastly, terminating the DVP should not be a problem. The Democrats have shown a willingness to end that program. Section 2303 of Senator Charles Schumer’s (D-N.Y.) Gang of Eight bill would have repealed the DVP if it had been enacted.

In any case, the parties have nothing to lose from trying this approach.”

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Go on over to The Hill at the link to read Nolan’s complete article.

This seems like an interesting idea that could work if, and it’s a big “if,” the parties can get over their respective “all or nothing” approaches.

For the Dems, it gives the Dreamers closure, permanent status, and a path to eventual citizenship. A very big deal!

At the same time, the GOP and Trump basically get three of “Trump’s pillars” in some form or another.

Yes, the inclusion of the “parent bar” could be a sticking point for the Dems. But, it will be at least three to five years after the Dreamers get their “green cards” before any of them would be eligible to naturalize. By that time, both the thinking and the politics behind the issue of status for parents of naturalized U.S. citizens could well change. We would definitely have better data about the “real universe” in terms of numbers.

Even now, many Dreamers no longer have two living parents who would be able to or interested in immigrating. Estimates of “future impact” based on the assumption that each Dreamer would “immigrate” two parents always have appeared wildly exaggerated to me. A “special immigrant program” would provide better data.

Also, once Dreamers become Lawful Permanent Residents and U.S. citizens, they are likely to be in a position favorably to influence the dialogue about parental migration.

PWS

03-27-18

 

LIAR-IN-CHIEF GETS FOUR (4) PINOCCHIOS FOR TOTALLY BOGUS CLAIMS ABOUT THE “VISA LOTTERY!”🤥🤥🤥🤥

https://www.washingtonpost.com/news/fact-checker/wp/2018/02/26/president-trumps-consistent-misrepresentation-of-how-the-diversity-visa-lottery-works/?utm_term=.ef79ebd959db

Glenn Kessler for the Washington Post’s “Fact Checker:

“Think of the lottery. You have a country, they put names in. You think they’re giving us their good people? Not too many of you people are going to be in a lottery. So we pick out people, then they turn out to be horrendous and we don’t understand why. They’re not giving us their best people, folks. They’re not giving us — I mean, use your heads. They’re giving us — it’s a lottery. I don’t want people coming into this country with a lottery. I want people coming into this country based on merit, based on merit.”
— President Trump, in remarks at the Conservative Political Action Conference, Feb. 23, 2018

“We need something to do with chain migration and something to do with visa lottery. I mean we actually have lottery systems where you go to countries and they do lotteries for who comes into the United States. Now, you know they are not going to have their best people in the lottery, because they’re not going to put their best people in a lottery. They don’t want to have their good people to leave. . . . We want people based on merit. Not based on the fact they are thrown into a bin and many of those people are not the people you want in the country, believe me.”
— Trump, remarks during an interview with Jeanine Pirro of Fox News, Feb. 24 

We have repeatedly covered the president’s inaccurate description of the diversity visa lottery system as part of speech roundups and in our database of Trump’s false and misleading claims. At last count, he has made at least 16 inaccurate claims about the diversity visa lottery, though we are still trying to catch up with all of his remarks in February.

We often toss obviously false claims in the database, deeming them not worthy of a fact check, only to find ourselves months later writing a full fact check because the president continues to make his claim, unabashed by the number of times he has been declared wrong. One of our colleagues, rereading the president’s speech to CPAC, noted: “His absolute refusal to understand what the visa lottery is remains amazing.”

Then we saw Trump’s interview with Pirro. Oh my. So here’s the full story, written in the hope the president will read it and perhaps learn something.

The Facts

The Diversity Immigrant Visa Program, as the program is officially called, originally was designed to help the Irish.

In 1965, President Lyndon B. Johnson signed the Immigration and Nationality Act of 1965. It was aimed at reuniting families, so applicants who had immediate family living in the United States — children, spouses, siblings, parents — were given priority. This, however, had some unforeseen consequences.  Immigrants from Latin American and Asian countries had come to the United States more recently, and they often had immediate family overseas who were prioritized under the new program. Many Europeans, by contrast, had been in the country for decades, so they had fewer close relatives remaining overseas.

The change in immigration policy hit the Irish particularly hard.

Unlike other European countries, Ireland faced political instability and an economic crisis in the second half of the 20th century. Before 1965, it had been relatively simple for the Irish to immigrate. By the 1980s, as a result, tens of thousands of Irish immigrants came to the United States as tourists or students and overstayed their visas.

In 1990, lawmakers, led by then-Rep. Charles E. Schumer (D-N.Y.), pressed for passage of a bill that proposed making a set number of visas available each year to “diversity immigrants” from “low-admission” countries. Despite being couched as a “diversity” action, it was openly pitched as a way to aid the Irish. President George H.W. Bush signed it into law in 1990 as part of a broader immigration package.

Today, under the visa lottery system, a computer program managed by a State Department office in Williamsburg, Ky., randomly selects up to 50,000 immigrant visas a year — from nearly 15 million who applied in 2017 — from countries with low rates of immigration to the United States. Thus people from about 20 countries such as Brazil, Canada, China, the Dominican Republic, El Salvador, Haiti, India, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, the United Kingdom (except North Ireland) and Vietnam are out of luck because more than 50,000 people from these countries had been admitted during the last five years. The visas are apportioned among six geographic regions, with a maximum of 7 percent available to persons born in any single country.

So, essentially, the odds of being selected are under 1 percent — and what that gets you initially is an invitation to apply for a green card. (In 2017, the State Department notified nearly 116,000 that they could apply, but the program ends once 50,000 are accepted. Each person selected gets a number on the list, so people in the bottom half have increasingly less chance of winning a visa.)

Individuals who apply must have at least a high school diploma (or its equivalent) or two years’ work experience of a type specified by the State Department to be eligible for the program. The selected applicants undergo a background check, interview and medical tests before entering the country, and some applicants undergo an additional in-depth review if they are considered a possible security risk — after which, selected applicants can be deemed ineligible for a visa.

Now let’s look back at Trump’s recent remarks and see what he apparently fails to understand:

  • “You have a country, they put names in.” Nope, no country submits the names of people for the diversity visa lottery; people who apply are self-selected.
  • “We actually have lottery systems where you go to countries and they do lotteries for who comes into the United States.” Wrong again. The foreign countries do not run their own lottery systems. The United States randomly selects from the millions of people who apply. As noted, a State Department office located in Kentucky, with a workforce of 400 people, manages the process. The Kentucky office receives and processes lottery entries, selects winners, processes winners’ visa applications, and schedules applicant interviews at missions abroad.
  • “They’re not going to put their best people in a lottery. They don’t want to have their good people to leave.”Again, the selection of applicants is not done by other countries. Moreover, the odds of success are so low that even if another country decided who could apply, there would be a less than 1 percent chance of success in getting rid of such people.

Indeed, far from being losers, there is evidence that many of those who immigrate through the program are better educated than the minimum criteria would suggest. A study by the Migration Policy Institute, using Census Bureau data for 19 countries with high rates of diversity visas, found that among recent immigrants ages 25 and older, “50 percent had a bachelor’s degree or higher (compared to 32 percent of the overall U.S. population in 2016), 16 percent reported some college education, and 12 percent had less than a high school diploma.”

Asked for an explanation of the president’s comments, a White House official did not address the substance of the question but pointed to two reports.

  • In 2004, the State Department’s deputy inspector general warned that the visa lottery “contains significant threats to national security as hostile intelligence officers, criminals, and terrorists attempt to use it to enter the United States as permanent residents.” This refers to congressional testimony by Anne W. Patterson, who recommended that applications not be accepted from countries listed by State as sponsoring terrorism; that recommendation was not acted on. In the same testimony, Patterson lauded the Kentucky office managing the program and its efforts to root out fraud.
  • Also in 2004, the House Judiciary Committee noted that “there are few restrictions on the countries from which applicants may come. . . . Second, under the program, successful applicants are chosen at random. . . . Because diversity visa winners do not necessarily have such ties, the program could offer an opportunity for individuals or groups who want to harm the United States, its institutions, and its people to place terrorists in the United States.”

The official added that “the point is that they are not admitted on the basis of skill or merit. The educational requirements are virtually nonexistent — a high school education or two years of work experience that requires two years of training. That’s not admitting someone with any regard for skill or merit or their ability to contribute.”

2007 report from the Government Accountability Office did point to substantial fraud risks within the program and proposed using data to mitigate these risks. However, the State Department at the time disagreed with the report’s findings, saying it already had managed those risks. The same report noted that there could be ‘‘difficulty in verifying identities,” which could have “security-based implications because State’s security checks rely heavily on name-based databases,” something a 2011 report from the House Judiciary Committee suggests could be a national security weakness.

The Fact Checker obviously takes no position on the diversity visa program. In addition to possible national-security issues, fraud continues to be a problem, such as some visa winners selling part of their visa to someone who pretends to be their spouse for the purposes of immigrating to the United States.

The Pinocchio Test

The president clearly dislikes the diversity visa program. Perhaps it has outlived its original purpose. But that’s no excuse for him to consistently misrepresent how it works.

Contrary to his repeated claims, countries do not select the applicants and do not run the lottery. Instead, nearly 15 million people from countries with low immigration to the United States apply annually for the slim chance to win an invitation to apply for a green card.

A State Department office in Kentucky manages the lottery. It’s located in a pleasant part of the state, near Daniel Boone National Forest, in the heart of Trump country. Perhaps the president should visit it one day and find out how the program really operates.

Four Pinocchios

 

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In this shameless Administration, led by a congenital liar, truth, particularly about immigration issues, has ceased to have meaning. That’s why those of us who know and believe in truth must work overtime to set the record straight and, eventually, to remove these abusers of power, elected by a minority of American voters, from public office.
PWS
03-04-18

JAMES HOHMANN @ WASHPOST DAILY 202 — TRUMP, GOP DON’T APPEAR SERIOUS ABOUT PROTECTING DREAMERS OR IMMIGRATION REFORM — RATHER, SEEK WAYS TO ADVANCE INTENTIONALLY DIVISIVE, RACIALLY BIASED, “FACT-FREE” WHITE NATIONALIST AGENDA! — Plus, My Point By Point Analysis Of Why The Democrats Should “Hang Tough” On A Dreamer Deal!

Hohmann reports:

THE BIG IDEA: Democrats are so eager to shield young foreign-born “dreamers” from deportation that they’re now offering to make compromises that would have been hard to imagine a year ago. Republicans, who feel like they have them over the barrel, are demanding more.

Showing his pragmatic side, for instance, Bernie Sanders says he’s willing to pony up big for border security if that’s what it takes. “I would go much further than I think is right,” the Vermont senator said in an interview Tuesday afternoon. “Unwillingly. Unhappily. I think it’s a stupid thing to do. But we have to protect the dreamers. … I’m willing to make some painful concessions.”

Sanders said a wall is still a “totally absurd idea” and that there are better ways to secure the border with Mexico, but he also emphasized that there will be “a horrible moral stain” on the country if President Trump goes through with his order to end the Deferred Action for Childhood Arrivals (DACA) program next month.

— Anti-immigration hardliners are staking out a firm position because most of them are not actually concerned about the plight of the dreamers. They have never thought these young people, whose undocumented parents brought them to the United States as children, should be here anyway. They agitated for Trump to end the program.

This means they’ll be fine if no bill passes, and they know that gives them way more leverage to demand wholesale changes to the entire legal immigration system. “The president’s framework bill is not an opening bid for negotiations. It’s a best and final offer,” said Sen. Tom Cotton (R-Ark.), who has emerged as the leader of this group in the Senate. He made this comment yesterday on “Fox and Friends,” knowing the president watches. Sure enough, Trump echoed the same talking point on Twitter, calling this the “last chance” for action.

— Mitch McConnell wants to use this week’s immigration debate to force show votes that can be used to embarrass vulnerable Democratic senators from red states. For example, the majority leader introduced a measure yesterday that would penalize so-called sanctuary cities for not cooperating with federal immigration laws. This issue tests well in polls and focus groups in most of the 10 states Trump carried in 2016 where a Democrat is now up for reelection. GOP insiders on the Hill say that McConnell is mainly focused on doing whatever it takes to protect his majority now that 2018 has arrived, and he has a narrower majority after the loss in Alabama.

— Democrats stuck together to block the Senate from taking up the poison pill on sanctuary cities, but the fact that the debate has so quickly devolved into a fight over process offered another data point – if for some reason you needed one – of how dysfunctional the Senate has become.

Trump urges senators to back his immigration proposal

— “Most Republicans on Tuesday appeared to be rallying behind a proposal by Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa) and six other GOP senators that fulfills Trump’s calls to legalize 1.8 million dreamers, immediately authorizes spending at least $25 billion to bolster defenses along the U.S.-Mexico border, makes changes to family-based legal immigration programs and ends a diversity lottery system used by immigrants from smaller countries,” Ed O’Keefe reports. Senate Minority Leader Chuck “Schumer said the Grassley plan unfairly targets family-based immigration and that making such broad changes as part of a plan to legalize just a few million people ‘makes no sense.’

In a bid to soften Trump’s proposals and win over Democrats, Sen. Jeff Flake (R-Ariz.) unveiled a watered-down version of the GOP proposal — but had not won support from members of either party by late Tuesday. Sen. Lindsey O. Graham (R-S.C.), a longtime proponent of comprehensive immigration changes, said the Grassley proposal should be the focus of the Senate’s debate. … Schumer and other Democrats, meanwhile, voiced support for a plan by Sens. Christopher A. Coons (D-Del.) and John McCain (R-Ariz.) that would grant legal status to dreamers in the country since 2013 but would not immediately authorize money to build out southern border walls and fencing.”

— Democrats would like to pass a narrow bill that only protects DACA recipients, but they know that’s not possible with Republicans in control of Congress and the presidency. To get the 60 votes needed to break a filibuster, they’re conceding on at least some of Trump’s demands related to security. Sanders said there are between 55 to 57 votes for a compromise that would save the dreamers and fund border protections. “We are scrambling now for three to five more votes,” he said.

— The Senate will convene at 10 a.m. to continue debate, as negotiations behind the scenes continue. Somewhat counterintuitively, conservative hardliners believe that Latinos will be less likely to turn out this November if nothing passes in Congress because activists will blame Democrats for not delivering.

Bernie Sanders heads to a Democratic caucus meeting in the Capitol. (Oliver Contreras for The Washington Post)

Bernie Sanders heads to a Democratic caucus meeting in the Capitol. (Oliver Contreras for The Washington Post)

— Despite concerted efforts by Trump and McConnell to drive a wedge through the Democratic caucus, there remains a remarkable degree of unity. This highlights how much the terms of the immigration debate have shifted over the past decade. Every Democrat in Congress now wants to protect DACA recipients. It wasn’t always this way. The House passed a Dream Act in 2010 that would have allowed undocumented immigrants to apply for citizenship if they entered the United States as children, graduated from high school or got an equivalent degree, and had been in the United States for at least five years. Five moderate Democrats in the Senate voted no. If each of them had supported it, the bill would have become law, and DACA would have been unnecessary. Sen. Jon Tester (D-Mont.) is the only one of those five Democrats still left. (The others retired or lost.) Now Tester speaks out against the president’s decision to end DACA. (I explored this dynamic in-depth last September.)

Sanders marveled during our interview at how much the polling has shifted in recent years toward protecting dreamers, with some public surveys showing that as many 90 percent of Americans don’t think they should be deported. The share who think they should also have a pathway to become U.S. citizens has also risen. “If we talked a year or two ago, I’m not sure I would have thought that would be possible,” he said.

Hillary Clinton relentlessly attacked Bernie during the debates in 2016 for voting to kill comprehensive immigration reform in 2007. Sanders – working closely with some of the leading unions – expressed concern back then that the bill would drive down wages for native-born workers by flooding the labor market with cheap foreign workers. This position caused him problems with Hispanics during his presidential bid.

Sanders rejects the idea that his views have changed since 2007, and he still defends his 11-year-old vote. He noted that the League of United Latin American Citizens (LULAC) opposed that bill, as did the Southern Poverty Law Center, because it included a guest worker program that was “akin to slavery.” He said he remains just as concerned about guest worker programs as he was back then, but that he’s always favored a comprehensive solution that includes legal protections for the more than 11 million undocumented immigrants who live here. “You can say you support immigration reform, but obviously the devil is in the details on what that means,” the senator explained. “I stood with progressive organizations who said you don’t want to bring indentured servitude.”

Sanders criticized a guest worker program in his home state that allows resorts to hire ski instructors from Europe instead of native Vermonters. “Now do you not think we can find young people in Vermont who know how to ski and snowboard? But if you go to some of the resorts, that’s what you would find,” he said. “When I was a kid, we worked at summer jobs to help pay for college. … So I think we want to take a hard look at guest worker programs. Some of them remain very unfair.”

— After coming surprisingly close to toppling Clinton and winning the Democratic nomination two years ago, Sanders is at or near the top of the pack in every poll of potential 2020 primary match-ups. He’s going to Des Moines next Friday for a rally with congressional candidate Pete D’Alessandro, his first visit to Iowa this year. Sanders will also go to Wisconsin for Randy Bryce, who is running against Speaker Paul Ryan, and Illinois, where he’ll boost Chuy Garcia’s bid for retiring Rep. Luis Gutierrez’s open seat. A few weeks after that, he plans a tour of the Southwest. “I’m going to do everything I can to help people in 2018,” Sanders said.

Lobbying for their lives

— Republicans have gone the other direction. Before Trump came on the scene, the party was divided but GOP elites agreed that, for the long-term survival of the party, they needed to embrace more inclusive policies. Losses in 2012 prompted many Senate Republicans to endorse a comprehensive bill the next year (Sanders voted for it too), but the legislation was doomed in the House after Majority Leader Eric Cantor went down in a Virginia primary partly because of his perceived softness on the issue.

Elected Republicans used to insist adamantly that they were not anti-immigration but anti-illegal immigration. That’s changed. At the behest of Trump and Attorney General Jeff Sessions, Republicans are rallying around the idea of dramatic reductions in legal immigration. Two years ago, this was an extreme idea that most GOP senators would have quickly distanced themselves from. Now it’s considered mainstream and the centerpiece of the bill that McConnell has rallied his members behind.

To put it in perspective: By cutting the rate of legal immigration, Trump’s proposal – codified in Grassley’s bill — would delay the date that white Americans become a minority of the population by as many as five additional years, according to expert analysis.

“What’s very sad, but not unusual given the moment we’re living in, is that Republicans are more concerned about their right-wing, extremist, xenophobic base,” said Sanders. “You would think that, with 85 to 90 percent of people supporting protections for the dreamers, that it would not take a profile in courage to pass legislation to protect them.”

Kelly: ‘Dreamers’ who didn’t sign up for DACA were ‘too afraid’ or ‘too lazy’

— A dual-track fight over DACA is playing out in the courts. A federal judge in New York issued a preliminary injunction last night that keeps the program alive beyond Trump’s March 5 deadline so that legal challenges can play out. “A federal judge in California has issued a similar injunction, and the Supreme Court is expected this week to consider whether it will take up the fight over DACA,” Matt Zapotosky reports.

U.S. District Judge Nicholas Garaufis recognized that Trump “indisputably” has the authority to end the program put in place by Barack Obama, but he also called the administration’s arguments that DACA was unconstitutional and illegal under federal law flimsy. “Because that conclusion was erroneous, the decision to end the DACA program cannot stand,” he wrote.

— Happy Valentine’s Day. Don’t forget to get a gift.

— What I’m especially excited about this morning is baseball. Pitchers and catchers are reporting for spring tr

Listen to James’s quick summary of today’s Big Idea and the headlines you need to know to start your day:

 

 

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Contrary to most of the “chatter,” I think that the Dreamers and the Democrats have the upper hand in this one. I’ll tell you why below!

A “border security package,” could involve the Wall, technology and much needed management improvements at DHS (but certainly no additional detention money — stop the “New American Gulag” — or personnel for the Border Patrol until they full current vacancies and account for how they are currently are deploying agents).

Beyond that, the Dems probably could agree to a reallocation of diversity and some preference visas while maintaining current legal immigration levels. Cutting legal immigration levels, eliminating family immigration, or authorizing further denials of due process (the totally bogus and essentially evil claim that the current already inadequate protections for children and other vulnerable migrant’s are “loopholes”) should be “non-starters.”

If they can’t get the deal they want, the Dems can walk away and still win for the Dreamers in the long run. Here is why:

  • I doubt that Trump would actually veto a compromise bill passed by both Houses that protected Dreamers without his full “Four Pillars of White Nationalism” program.
    • If he does, any Democrat who can’t make Trump and the GOP pay for such a dumb move in the next election cycle doesn’t deserve to be a Democrat.
    • The “full Dreamer protection” trade for border security with no other changes should be a “no brainer.” If Trump or the GOP “tank” it over the restrictionist agenda, the Democrats should be able to make them pay at the polls.
  • Right now, the Administration is under two injunctions halting the repeal of the “core DACA” program.
    • If the Supremes don’t intervene, that issue could be tied up in the lower Federal Courts for years.
      • It’s very clear that the Administration’s current position is ultimately a loser before the lower Federal Courts.
      • If the Administration tries to “short-circuit” the process by going through APA to promulgate a regulation to terminate DACA, that process also is likely to be successfully challenged in the Federal Courts.
        • The so-called “legal rationale” that Sessions has invoked for ending DACA has literally been “laughed out of court.”
        • Trump himself has said that there is really no reason to remove Dreamers from the U.S.
        • So, on  the merits, an attempt to terminate DACA by regulation probably would be held “without any legal or rational basis” by the lower Federal Courts.
  • Even if the Supremes give the “green light” to terminate DACA, most “Dreamers” by now have plausible cases for other forms of relief.
    • Many DACA recipients have never been in removal proceedings. If they have been here for at least 10 years, have clean criminal backgrounds, and have spouses or children who are U.S. citizens they can apply for “cancellation of removal.”
    • “Former DACA” recipients appear to be a “particular social group” for asylum and withholding of removal purposes. They are “particularized,  the characteristic of having DACA revoked is “immutable,” and they are highly “socially distinct.”  Many of them come from countries with abysmal human rights records and ongoing, directed violence. They therefore would have plausible asylum or withholding claims, or claims under the Convention Against Torture (“CAT”).
    • If ICE tries to use information voluntarily given by the Dreamers during the application process to establish removability or for any other adverse reason, that is likely to provoke a challenge that will be successful in at least some lower Federal Courts.
  • Safety in numbers.
    • There is nothing that Trump, Sessions, and the DHS can actually do to remove 700,000+ Dreamers.
    • The U.S. Immigration Courts are backed up for years, with nearly 700,000 already pending cases! Sessions is doing everything he can to make the backlog even worse. Dreamers will go to the “end of the line.”
    • Sure Sessions would like to speed up the deportation “assembly line” (a/k/a “The Deportation Railway”).
      • But, his boneheaded and transparently unfair attempts to do that are highly likely to cause “big time” pushback from the Federal Courts and actually “tie up” the entire system — not just “Dreamers.”
      • The last time the DOJ tied to mindlessly accelerate the process, under AG John Ashcroft, the Courts of Appeals remanded defective deportation orders by the basket-load for various due process and legal violations — many with stinging published opinions.
        • Finally, even former Attorney General Alberto Gonzalez (“Gonzo I”), hardly a “Due Process Junkie” had enough and slowed down the train. It took years for the “haste makes waste” Circuit Court remands to work their way back through the system. Some might still be hanging around.
      • Because the GOP White Nationalists and Trump read off of “restrictionist cue cards” that don’t take account of the law, facts, or history, the Dems should have a huge advantage here if and when individual “Dreamer” removal cases get to the Federal Courts.
    • Each “Dreamer removal case” should present the Democrats with excellent example of the cruelty, stupidity, and total wastefulness of the Trump/Sessions/DHS enforcement policies. Wasting money to “Make America Worse.” Come on, man!
    • Bottom Line: Trump and Sessions have created a “false Dreamer emergency” that they can’t escape without some help from the Democrats. If the Democrats see an opportunity to make a “good deal” for the Dreamers, they should take it. But, they shouldn’t trade the Dreamers for the harmful White Nationalist restrictionist agenda! Eventually, the problem will be solved in a way that is favorable for most Dreamers, regardless of what the White Nationalists threaten right now. The Dreamers might just have to hang on longer until we get at least some degree of “regime change.”

PWS

02-13-18

SEE, HEAR, READ TAL’S ANALYSIS OF LATEST GOP IMMIGRATION PROPOSAL ON CNN!

https://www.cnn.com/2018/02/11/politics/republican-senators-white-house-framework/index.html

“GOP senators introduce version of White House immigration framework

By Tal Kopan, CNN
Updated 6:13 PM ET, Sun February 11, 2018
Trump proposes path to citizenship for 1.8M

Washington (CNN)A group of Republican senators on Sunday night released a version of President Donald Trump’s immigration proposal ahead of a floor debate on immigration this week.

The proposal is expected to be one of several amendments the Senate will consider this week as it debates immigration. Senate Majority Leader Mitch McConnell has used a bill unrelated to immigration as the starting point for the debate, which will allow senators to offer proposals that can compete for 60 votes to advance.
The bill from Republican Sens. Chuck Grassley, John Cornyn, James Lankford, Thom Tillis, David Perdue, Tom Cotton and Joni Ernst largely resembles what Trump has proposed.
At its base is still a resolution for the Deferred Action for Childhood Arrivals program, which has protected young undocumented immigrants brought to the US as children from deportation. Trump has decided to terminate the Obama-era program.
With DACA left out again, advocates figure out their next move
With DACA left out again, advocates figure out their next move
The White House proposal offered a pathway to citizenship for 1.8 million eligible immigrants, more than the 800,000 of whom registered for DACA in the five years of the program. In exchange, the White House sought upwards of $25 billion for border security and a wall, a number of changes to laws to make it easier to deport and detain immigrants, a substantial cut to legal immigration based on family relationships and an end to the diversity visa lottery.
The Grassley bill essentially makes those bullet points a reality, including the proposals that would toughen immigration enforcement and limiting family-based visas only to spouses and children under 18 years old — a vastly reduced number of eligible immigrants from the current system.
As proposed by the White House, the cuts to the family system and diversity lottery would be used to allow in the 4 million to 5 million immigrants already waiting years — and in some cases decades — in the backlog for visas. Cuts to yearly visas would only occur after that backlog is cleared, allowing Congress time to make reforms, the lawmakers said.
McConnell officially tees up immigration debate next week
McConnell officially tees up immigration debate next week
The bill is not expected to have 60 votes in support of it, the threshold required to advance legislation in the Senate. Democrats have uniformly objected to the cuts to family migration and have issues with the ending of the diversity visa without another way to support immigrants from countries that are otherwise underrepresented in immigration to the US. The so-called reforms to current immigration laws also face steep opposition.“

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Click the above link to see Tal on TV!

Unfortunately, “closing loopholes” is a euphemism for increasing unnecessary, expensive, and inhumane civil immigration detention (the “New American Gulag”).

It also involves denying due process to tens of thousands of “unaccompanied children” seeking protection for which many should qualify were they given a fair opportunity to obtain counsel, adequate time to document applications, and truly fair hearings in Immigration Court.

In plain terms, it’s a cowardly and disingenuous attack on the rights of the most vulnerable migrants. Hopefully there are enough legislators on both sides of the aisle committed to due process, human rights, and just plain human decency to expose and defeat these highly abusive and dishonest parts of the GOP proposal.

PWS

02-11-18

DREAMERS “LEFT OUT” AGAIN – CONTEMPLATE NEXT MOVE – News & Analysis From Tal @ CNN

https://www.cnn.com/2018/02/10/politics/daca-left-out-what-next/index.html

The “Amazing Tal” writes:

“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.”

Step 1: Senate vote next week

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!
PWS
02-10-18

DAN KOWALSKI @ LEXISNEXIS: EXPERTS “CALL OUT” TRUMP & GOP RESTRICTIONISTS’ BOGUS CLAIMS ABOUT THE ADVERSE EFFECTS OF FAMILY MIGRATION (Pejoratively Called “Chain Migration” By The Trumpsters)

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2018/02/08/experts-debunk-trump-39-s-false-39-chain-migration-39-claims.aspx?Redirected=true

Here’s what Dan posted on LexisNexis Immigration Community:

“Experts Debunk Trump’s False ‘Chain Migration’ Claims

Miriam Valverde, Politifact, Jan. 31, 2018 – “President Donald Trump in his State of the Union address called for tighter control of legal immigration and for an end to “chain migration.”  “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives,” Trump said Jan. 30. “Under our plan, we focus on the immediate family by limiting sponsorships to spouses and minor children.” … But there is a long queue for certain relatives seeking to come through family sponsorship. For brothers and sisters of U.S. citizens, the waiting period for a visa is over 13 years. … But there are limits on the number of visas issued per year per family category.  More than 3.9 million people were in line for a visa as of Nov. 1, 2017, according to the U.S. State Department. Brothers and sisters of adult U.S. citizens fall under a “fourth-preference” category, which had 2.3 million people waiting for a visa — the wait period is over 13 years for immigrants from most nations, but even longer for some countries with heavy demand, such as Mexico and the Philippines.  Siblings in the Philippines would have to wait at least 23 years for a visa, and Mexican siblings at least 20 years.  “As a practical matter, because of these long backlogs there is not as much chain migration as President Trump claims,” said Stephen W. Yale-Loehr, a professor of immigration law practice at Cornell Law School.  Trump said “a single immigrant can bring in unlimited numbers of distant relatives.” … Trump’s statement contains an element of truth but ignores critical facts that would give a different impression. We rate it Mostly False.”

Philip Bump, Washington Post, Feb. 6, 2018 – “As is so often the case with his discussion of immigrants, President Trump’s State of the Union description of “chain migration” — the process by which people in the United States can sponsor family members to join them — was long on fearmongering and short on accuracy.  “The fourth and final pillar protects the nuclear family by ending chain migration,” Trump said of his multipart immigration restructuring proposal. “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives. Under our plan, we focus on the immediate family by limiting sponsorships to spouses and minor children. This vital reform is necessary, not just for our economy, but for our security and our future.”  The idea that curtailing a process to bring in members of an immigrant’s nuclear family protects the nuclear family is one thing. But there is simply no way to defend the claim that “a single immigrant can bring in virtually unlimited numbers of distant relatives.” … Immigrants can’t come to the United States and sponsor 20 cousins who arrive four months later, the sort of ease-of-entry that Trump and the White House seem to imply. At best, an immigrant could bring in a spouse or child — after likely waiting an extended period for that application to be approved.  “You’re looking at years and years of waiting in this legal line,” [past president and past general counsel of the Washington, D.C.-based American Immigration Lawyers Association (AILA), David W.] Leopold said. “For anyone to say that the continuation of sponsorship based on family relationship is going to lead to an influx of people is either lying or doesn’t understand how the system works.” “

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Go on over to LexisNexis at the above link to get further links to the full articles. Many thinks to Dan for getting “the truth” assembled into one convenient blog.
PWS
02-09-18

THANK YOU DR. MARTIN! – FORMER EXECUTIVE DIRECTOR OF “JORDAN COMMISSION” SLAMS TRUMP/GOP RESTRICTIONISTS DISINGENUOUS CLAIMS TO BE CARRYING OUT JORDAN’S LEGACY — “The president’s policies are the opposite of Barbara Jordan’s view that a robust level of legal immigration is in the national interest. Even more critically, Jordan would have been the first person to speak up against the discriminatory intent and language in President Trump’s proposals. In her own words, ‘I believe the fact that America is a nation of immigrants should be a source of pride and not a reason to ignite virulent nationalism.’”

http://cmsny.org/publications/martin-barbara-jordan/

Professor Susan Forbes Martin writes in Center for Migration Studies:

“After years of talking about a broken immigration system, President Trump offered a framework for immigration reform in his State of the Union address. In the lead-up to the address, the White House issued a statement on January 17 honoring Barbara Jordan, the former Chair of the US Commission on Immigration Reform. The White House intimated that Barbara Jordan would have supported the proposals to be championed by the President. The statement is a gross misstatement of Representative Jordan’s views. The President’s position on immigration, and the language he has used, represent all that Jordan decried during her long career and, especially as Chair of the commission. The statement misconstrues the recommendations of the Jordan Commission as justification for deep cuts in immigration that would make it harder for family members, employees and refugees to enter the country. As the Executive Director of the commission, I can attest to the fundamental differences between the Trump policies and Jordan’s and the commission’s recommendations.

In its first report to Congress, the commission did indeed state, as the White House reported, that it is “a right and responsibility of a democratic society to manage immigration so that it serves the national interest.” However, the commission also concluded that “legal immigration has strengthened and can continue to strengthen this country.” Further, the commission “decrie[d] hostility and discrimination against immigrants as antithetical to the traditions and interests of the country.” Its recommendations sought to improve the admission process by ensuring the timely entry of immediate family members of US citizens and legal permanent residents (LPRs) as well as workers and refugees.

The commission’s approach on immigration and refugee policy was considerably at odds with Trump policies—those described in the State of the Union and those already taken through administrative action—in four major areas. First, the Trump administration supports deep cuts in the overall number of family visas, claiming it wants to eliminate “chain migration.” The Commission, on the other hand, viewed family migration as beneficial to the country. It was concerned, however, about the sustainability of the program because of the multiple categories with extremely long backlogs and waiting time. It recommended adding 150,000 visas per year to permit the more rapid admission of the spouses and minor children of LPRs, who faced waiting periods of as much as a decade. To accommodate these additional visas, the Commission recommended re-directing visa numbers currently allocated to adult children and siblings of US citizens and the diversity program after a transition period. The Commission did not see ‘chain migration’ as inherently problematic. Unlike the Trump position, the commission encouraged continued admission as LPRs of the parents of US citizens. As the Executive Director of the Commission, I  understood that it would have been the height of hypocrisy to denounce chain migration, as my own grandmother, like millions of other immigrants before and after, had arranged for the admission of her parents and their younger children after her arrival in the United States as a young woman.

Second, President Trump has made the most significant reduction in the admission of refugees since enactment of the Refugee Act of 1980. The ceiling on admissions was set at 45,000 for the current fiscal year and actual  admissions are not nearly on a pace to meet that low number. By contrast, the commission recommended a floor on admissions of 50,000, stating that foreign policy and humanitarian imperatives necessitated that the United States take a strong leadership role in assisting and protecting refugees worldwide. The commission saw resettlement of refugees as one of the core durable solutions to refugee crises and believed the United States should lead by example. It believed that consultations with Congress, as specified in the Refugee Act of 1980, would be an effective mechanism for increasing admissions beyond the 50,000 floor when necessary. Indeed, the commission recommended that the President have even greater authority to raise the ceiling on admissions in the type of refugee emergencies experienced worldwide today. Jordan and the commission were cognizant of the dire consequences of the inflexibility of US refugee policies in the 1930s when the government rejected thousands of Jewish and other refugees from Nazi Germany who subsequently died in the Holocaust. The Trump policies would bring back those dark days with a hard ceiling on refugee admissions even when crises require flexibility and American leadership. The need for American leadership on these issues seems altogether lost on the administration.

The Commission also supported effective protection of other migrants fleeing life-threatening situations. Jordan was personally active in ensuring protection of asylum seekers from Haiti, a country described by President Trump in highly derogatory terms. In 1994, she approached President Clinton directly to ask him to reverse the policies adopted in the Bush administration that returned Haitian boat people to Haiti without consideration of their claims for asylum. She specifically recommended that they be granted temporary protection, either in Guantánamo or in the United States, until conditions changed significantly inside Haiti or they met the criteria for asylum. She would have been among those denouncing the Trump administration’s abrupt lifting of Temporary Protected Status for Haitians as well as Salvadorans. She understood that TPS was not a perfect solution for those who were unable to return home because of the conditions in their countries and believed in the importance of finding durable solutions for them here or abroad. However, she would never have supported returning TPS recipients to the kinds of conditions that will confront them in Haiti or El Salvador.

Third, the Trump administration has argued that immigration should be based on ‘merit’ as measured by a point system that rewards education and English language skills. The president implied that Norwegians have greater merit than potential immigrants from Africa. Under Jordan’s leadership, the commission explicitly rejected a point system, explaining its decision as follows:

We believe that a system that relies on formulas and bureaucratic procedures for determining which immigrants meet the ability criteria for admission is not as effective in serving the national interest as one that relies on the judgement of American families and employers within a framework that protects US workers from unfair competition.

The Trump administration ignored one of the most important recommendations that the commission made on legal admissions. The commission believed strongly that admission numbers and priorities should not be set in stone as has been the case: the last major reform of the legal immigration system took place in 1990. Rather, it recommended that Congress should revisit admission numbers and categories every three to five years to ensure they still meet the nation’s interests. Proposals by other blue ribbon panels would do the same thing, including through a standing commission which would assess needs and increase or reduce admissions in accordance with current economic conditions. The Trump policies would trap the country with admission ceilings that may be completely inappropriate in the years ahead.

Fourth, the President has chosen to put most of his immigration enforcement eggs into two baskets—a border wall and irresponsible deportation initiatives. The commission, by contrast, called for a comprehensive enforcement strategy that set priorities for deterring unauthorized migration and, when necessary, removing those who were without status or committed particularly serious crimes. The commission was aware that even twenty years ago a large proportion of migrants illegally in the country had overstayed their visas. A border wall would do little to address that problem. Recognizing that most migrants entering without authorization or overstaying their visas did so for jobs, the commission recommended an electronic employment verification system and enhanced labor standards enforcement designed to sanction employers who knowingly hired and exploited undocumented workers. Today, with illegal crossings at the US-Mexico border at historically low levels, expending scarce resources on a border wall makes even less sense. The Trump deportation policies are also problematic. Rather than prioritize the deportation of those who commit serious crimes, as have prior administrations, the administration has chosen to deflect resources towards detaining and attempting to deport those that pose no threat to the security of the country, including people who have registered for such programs as Deferred Action for Childhood Arrivals (DACA) and TPS.

Under Jordan’s leadership, the commission also supported greater cooperation with other countries in managing migration and deterring illegal movements. As part of the comprehensive strategy, the commission recommended negotiation of trade agreements, such as the North American Trade Agreement (NAFTA), that could provide greater economic opportunities in countries of origin while protecting the rights of workers. The commission knew that opening up trade between the US and other countries was not a quick fix to illegal immigration but saw it as a necessary part of a long-term strategy to reduce the push factors causing people to move.

Whether Jordan would have supported DACA is unknowable as she did not address that issue directly. From her views on the importance of citizenship, I feel confident, however, that she would have been a strong supporter of a path to citizenship for the Dreamers. Always seeking bipartisan solutions, she would have applauded President Trump’s proposed pathway to citizenship for about 2.2 million Dreamers. She would have wanted that path to be as expeditious as possible—much shorter than the Trump administration’s proposed 10-year delay. Jordan proposed a new Americanization program that would facilitate naturalization by providing resources to help immigrants more rapidly learn the language and customs of their new home. She would have recognized that the Dreamers have already learned those lessons since they have spent the most formative period of their lives in the United States.

In conclusion, the Trump administration would weaken the United States by placing irresponsible constraints on family reunification, refugee admissions and employment-based admissions while doing little to address the real causes of illegal immigration. The president’s policies are the opposite of Barbara Jordan’s view that a robust level of legal immigration is in the national interest. Even more critically, Jordan would have been the first person to speak up against the discriminatory intent and language in President Trump’s proposals. In her own words, “I believe the fact that America is a nation of immigrants should be a source of pride and not a reason to ignite virulent nationalism.”

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Susan is a long-time friend, former client, and “academic superstar” who was my colleague at Georgetown. Indeed, Susan and our good friend Professor Andy Schoenholz were the “originators” of the “Refugee Law and Policy” course that I taught for several years as an Adjunct Professor at Georgetown Law. Small world!

Of course we need a “robust” legal immigration system not the irrational racially inspired cuts and trashing of “family based” immigration being pushed by Trump, Miller, Sessions, Cotton, and the rest of the White Nationalist xenophobic gang. 

We currently have an estimated 10-11 million so-called “undocumented” residents living in the United States. The vast, vast majority of them are productive, law-abiding individuals who provide services that are literally the “foundations” of our economy. Since we are essentially at “full-employment” the idea that these folks are “stealing jobs from Americans” is preposterous.

The problem is not that these folks are here without documents. Rather, it’s that our laws have been so poorly designed that we did not allow for enough legal immigration at the right levels (many more in the so-called “unskilled” and “service” jobs). Consequently, our economy and market forces basically created an “extralegal immigration system” to meet the legitimate needs of U.S. employers and would-be legal immigrants.

Logically, that calls for an expansion, not a contraction, of legal immigration. By allowing U.S. employers to use legal immigration to fill certain positions, we would virtually eliminate the so-called “jobs magnet” for illegal immigration. Moreover, we would insure that those coming have been properly screened, documented, and will pay taxes immediately. At that point there would be fewer individuals crossing the border illegally, and we could be better assured that those coming outside the system did not belong. The system would finally become rationally related to our national interests and the interests of the immigrants, instead of working against these natural market forces! And, we wouldn’t need “the Wall”,” a militarized border, the “New American Gulag,” tens of thousand of additional immigration agents, or thousands of additional U.S. Immigration Judges to make the system work. Imagine how much that might help the national deficit!

PWS

02-09-18

POLITICO: JULIA’S CONGRESS: “THE PRESTON GROUP” OF DIVERSE EXPERTS SOLVES THE “DREAMER ISSUE” WITHOUT A BATHROOM BREAK! — Perhaps They Need To Give Congress & The White House A Demo Of How They “Got To Yes!”

https://www.politico.com/magazine/story/2018/02/09/how-to-solve-immigration-experts-daca-216954

Julia writes:

. . . .

Members of the Model Congress: To simulate a real immigration negotiation, we tried to select participants from across the policy spectrum—advocates and operatives, defenders of more immigration and proponents of less. In the end, we ended up with a well-rounded expert group of four:

Theresa Cardinal Brown is director of immigration and cross-border policy at the Bipartisan Policy Center, a research group in Washington. She was an immigration policy adviser at the Department of Homeland Security under President George W. Bush from 2005 to 2008 and the agency’s attaché in Canada under Obama from 2008 to 2011. Before that, she served as director of immigration and border policy at the U.S. Chamber of Commerce.

Steven Camarota is director of research for the Center for Immigration Studies, a Washington think tank that seeks less immigration overall and has opposed past measures to legalize undocumented immigrants.

Leon Fresco, an immigration lawyer at Holland and Knight, was previously a staff member for Democratic Senator Chuck Schumer on the Senate Judiciary Committee, where he was one of the main drafters of the comprehensive immigration bill that passed the Senate in 2013.

Tom Jawetz is vice president for immigration at the Center for American Progress, a progressive policy group. As chief counsel to the immigration subcommittee of the House Judiciary Committee and adviser to Democrats, he helped negotiate an immigration reform bill in the House in 2014. It never went to a vote.

I acted as the moderator.

. . . .

The makings of a deal: So that’s where our negotiators ended up after two hours: A pathway to citizenship for Dreamers and a 50,000 reduction in visas across several categories that would last for some period of time.

. . . .

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Find out how they got there by going on over to Politico at the above link and reading Julia’s entire report. Most impressive! Julia’s certainly got my vote for President!

PWS

02-09-18

NY TIMES COGENTLY EXPLAINS WHY TRUMP GOP NATIVIST IMMIGRATION PROGRAM WOULD BE BAD FOR AMERICA!

https://www.nytimes.com/2018/02/07/opinion/trump-backward-immigration.html

“Congress now appears likely to reach a budget deal to keep the government functioning without treating as bargaining chips hundreds of thousands of young undocumented immigrants brought to the United States when they were children. It also appears, though, that President Trump will consider undoing his threat of deportation for these young “Dreamers” only if Congress considers the first deep cuts to legal immigration since the 1920s.
The changes the president is demanding stem from a nativist, zero-sum view that what’s good for immigrants is bad for America. That view runs counter not just to the best of American tradition and principles, but to evidence of what’s best for the country.
The programs targeted by Mr. Trump are designed to make legal immigration more diverse and humane. One is the lottery system that offers the chance for visas to people from countries that are underrepresented as sources of American immigrants; the other is family-based immigration, which offers visas to close relatives of citizens and legal residents.
Mr. Trump, who has regularly smeared immigrants as terrorists and criminals, has lately been focusing his fear-mongering on the diversity visa program. Last month, his Department of Homeland Security released a report that dishonestly claimed that those who entered the country via the lottery were more likely to be tied to terrorist attacks. The Cato Institute found that lottery visa holders actually killed only eight of 3,037 Americans murdered by foreign-born terrorists since 1975. The immigrants chosen in the lottery, moreover, are not chosen “without any regard for skill, merit or the safety of our people,” as Mr. Trump said in his State of the Union address. They must have at least a high school education or two years of experience in skilled work, and they must also undergo criminal, national security and medical checks. The 50,000 recipients of the visas are not guaranteed permanent residence, only a chance at getting through the rest of the immigration process.
Mr. Trump has said that the family reunification program — which he and other immigration opponents prefer to call “chain migration” — opens the floodgates to “virtually unlimited numbers of distant relatives.” In fact, relatives other than spouses, parents and minor children are subject to annual caps and country quotas, so that, today, the backlog is almost four million applicants, most of them facing many years of waiting to get a visa. Mr. Trump would allow no new applicants other than immediate family members, and even these would no longer include parents. Imposing these restrictions and ending the diversity visa lottery would cut in half the number of legal immigrants.
It is hard to gauge how much of what Mr. Trump says is meant as a scare tactic and how much he really will demand. The one notion that runs through all he says or tweets about immigration is that it is a door for criminals and terrorists to enter the United States. Yet data studied by the Cato Institute indicates that diversity-visa holders and illegal immigrants, the groups most maligned by Mr. Trump, are far less prone to crime than native-born Americans.
Politicians have wrestled for decades with how to deal with immigrants who are in the United States illegally — now around 11 million people. But immigration in itself has been widely regarded as good for America and for the American dream. The preponderance of evidence shows that immigrants help the economy grow. They are more likely to own businesses or to start businesses than the native-born; of the 87 privately held companies currently valued at more than $1 billion, 51 percent had immigrant founders.
There are questions worth examining and debating about whether the United States ought to admit more skilled immigrants and what criteria it uses to screen applicants. But such a debate can’t unfold in the shadow of Mr. Trump’s threat to imminently expel the Dreamers. So what is Mr. Trump really after?
A Gallup poll last June found 62 percent of Americans support maintaining current levels of immigration or even increasing them. And since the country is at nearly full employment, the timing of these anti-immigrant demands might seem odd. Yet it’s no more odd than the president’s tough-on-crime talk at a time when crime is lower than it’s ever been, or his obsession with Islamist terrorists, even though the Government Accountability Office found that right-wing extremists have committed far more domestic attacks against Americans since 2001. Mr. Trump’s approach seems intended less to rationalize the immigration system than to inflame his core supporters by demonizing nonwhite people, as he did when he disparaged immigrants from nations like Haiti and Mexico while praising Norwegians.
Members of Congress know better, and they are aware that there are sensible measures that would clear the immediate hurdle and produce a bipartisan deal. Senators John McCain, the Arizona Republican, and Chris Coons, Democrat of Delaware, have offered a stopgap bill that would end the threat to the Dreamers while strengthening border security. Nothing about diversity visas or family-based migration, nothing for the wasteful wall.
That makes sense. The way we deal with legal immigration should not be changed without a thorough, honest debate.
Follow The New York Times Opinion section on Facebook and Twitter (@NYTOpinion), and sign up for the Opinion Today newsletter.”

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When policies are driven by White Nationalism, racism, and the need to throw “red meat” to a base that has abandoned inclusiveness, humanity, and “enlightened self interest,” there isn’t much room for rationality, facts, or the common good. Unfortunately, that’s a description of the modern GOP.

PWS

02-08-18

 

TAL @ CNN: SENATE BUDGET DEAL FACES UNCERTAIN PROSPECTS IN HOUSE – But, “Dreamers” Appear Likely To Be “Left Behind,” At Least For Now!

 

http://www.cnn.com/2018/02/07/politics/house-democrats-daca-budget-deal/index.html

“House Democrats face choice over budget deal

By Tal Kopan, CNN

As lawmakers announced a budget deal that would address many of the issues stymieing Washington — with the key exception of immigration — House Democrats on Wednesday were feeling the heat.

Minority Leader Nancy Pelosi took to the House floor Wednesday to warn she would not support the burgeoning deal without a commitment from House Speaker Paul Ryan that the Republican-controlled House would hold a debate and vote on immigration legislation as his Senate counterpart Mitch McConnell has pledged, setting up a potential standoff.

The two-year deal that leadership announced on the Senate floor would set domestic and defense spending levels, push back the debt limit and resolve some outstanding issues Democrats have pushed for like support for community health centers and disaster relief money.

But left out of the deal would be a resolution for the Deferred Action for Childhood Arrivals policy that Trump is ending — and House Democrats have long been steadfast they would not support government funding without it.

The Senate is close, nevertheless, to sending the deal to the House with a continuing resolution that would fund the government into March, squeezing Democrats to risk rejecting a budget compromise over DACA alone, a position they have actively sought to avoid. Democratic votes in the House haven’t been necessary to pass continuing resolutions this year, but a number of House conservatives are expected to oppose the budget deal because of the domestic spending levels. That will force Democrats’ hand.

“The budget caps agreement includes many Democratic priorities,” Pelosi said in a statement. “This morning, we took a measure of our caucus because the package does nothing to advance bipartisan legislation to protect Dreamers in the House. Without a commitment from Speaker Ryan comparable to the commitment from Leader McConnell, this package does not have my support.”

Some Democrats were already backing up Pelosi as the deal was announced Wednesday afternoon.

California Rep. Eric Swallwell said while he supports a DACA fix, his concern was more about the size of the deal.

“I still have a real problem dramatically increasing the caps, adding to the deficit, when we just added $2 trillion for the tax plan. So if (Republicans) want to roll back their tax cuts so that we don’t have such a deep, deep deficit, I would be more receptive to that,” Swallwell said.

Congressional Hispanic Caucus member and California Democratic Rep. Nanette Diaz Barragán said Democrats should not accept a funding deal without what they’ve asked for.

“No, I think that we aren’t using all the leverage we have and that’s a disappointment and I won’t support it,” she said. “We as a caucus have talked about making this one of our leverage points and using this as a leverage point. I hope that we continue to do that.”

But the objection wasn’t universal, and the mood in a House Democrat caucus meeting this morning that convinced Pelosi to speak on the floor was split, according to a Democrat in the meeting. Some were “understandably upset” about not including DACA recipients and there was “generally a lot of frustration.”

But others raised questions, asking, “What is our plan? What is our message? How are we going to win this?” After the last shutdown members are still unclear on the path forward and expect the Senate to pass this, leaving them little room. The source said there is a lot in the deal that many Democrats support, including the increase in domestic programs.

This source told CNN “a lot of people are going to vote for it. It’s not a situation where we can hold all our members.”

It’s unclear if Democratic leadership will whip against the bill. Asked Wednesday if leadership is instructing its members any particular way, House Democratic Caucus Chairman Joe Crowley demurred.

“People in our caucus will do what they think is in the best interests of their constituents and for the country,” Crowley said.

And Crowley didn’t commit to supporting or rejecting the deal.

“There is more to this deal than the issue of immigration,” he said, referencing the disaster relief money, in particular. “It is very complex. This There? is much more to this than simply one-off issues. And we’ll have to look at that in totality.”

Unlike recent past government funding deadlines, House Democrats have been holding their fire in pressuring their Senate colleagues to reject a deal that doesn’t address DACA. That has largely been because of McConnell’s promise to turn to a “fair” process on immigration after February 8, when the deadline comes.

“It’s hard, because we want them to be clear that this is reckless by the Republicans, but we are also clear that they want to keep the Senate and Congress moving so they have an opportunity, not just at getting a full year (funding) — stop doing (continuing resolutions) — but also to deal with other issues including DACA, by getting a vote on something,” said on Tuesday.

The Congressional Hispanic Caucus has been one of the loudest voices for rejecting funding without an immigration deal, even marching from the House side to Senate Minority Leader Chuck Schumer’s office in December to urge him to hold the line. That pressure isn’t there this time.

“I don’t sense any,” said Arizona Democratic Rep. Raul Grijalva, a member of the caucus. But, he added, there’s “some trepidation” about the Senate process because of what could be added to a neutral bill — both in the Senate and the House.

“This has been the black hole for immigration, the House of Representatives, since I’ve been here, 15 years, and nothing comes out of here, and whatever goes to conference, if the House leadership has any say, it will get uglier,” Grijalva said.

But while Democrats were keeping their powder dry on a continuing resolution, as talk of the caps deal being near circulated, one Democratic House member said on condition of anonymity to discuss dynamics, that began to change. Tuesday night and Wednesday morning brought a flurry of communications between members, the lawmaker said.

“There is more support than yesterday on holding the line,” the member said Wednesday. “We shouldn’t negotiate the caps away without a DACA fix.” 

CNN’s Phil Mattingly, Deirdre Walsh and Sunlen Serfaty contributed to this report.”

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I can’t see any “Bipartisan Dreamer Bill” along the lines being discussed in the Senate that will be able to pass the House as long as the GOP is in charge and Paul Ryan is the Speaker.

I also don’t see a “House Dreamer Bill” passing. The “Goodlatte Bill” — favored by many in the GOP –is so miserly in its Dreamer protections and has so much of the Administration’s White Nationalist restrictionist agenda attached that all or almost all Democrats and probably a “good-sized chunk” of “moderate” Republicans are likely to be able to defeat it.

But, while the Democrats and the GOP moderates in the House might be able to come up with a more reasonable proposal that actually could pass, like the Hurd-Aguilar Bill, under the “Hastert Rule,” Speaker Ryan won’t bring it to the floor for a vote because the bill would rely on a majority of Democrats for passage.

Given the foregoing scenarios, I don’t see where forcing another shutdown gets the Democrats. With the GOP and the White House opposed to including a narrower “Dreamers-Border Security Only” (only two of Trump’s “four pillars”) in a Budget Agreement, there isn’t a feasible “end game” for the House Democrats. They could force a shutdown, but I don’t think they will be able to force the GOP to include Dreamer protection in a Budget deal. So, ultimately, they will have to “fold,” as has happened in the past.

So, what’s the best result I could see for the “Dreamers” right now: 1) eventually getting a “temporary extension” of DACA from Congress, or  2) an “indefinite hold” on DACA recision from the Federal Courts (which wouldn’t preclude the Administration from going through a “Notice and Comment” regulatory process to repeal DACA). Either of those would only help those who qualify for the current DACA program — not the “expanded DACA” group. Either way, permanent relief for the Dreamers is likely to require “regime change” at least at some level.

PWS

02-07-18

TAL @ CNN: GRAHAM “PESSIMISTIC” ON LONG-TERM IMMIGRATION DEAL!

Tal reports:

“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.”

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Read the rest of Tal’s report at the above link.

PWS

02-06-18

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

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FIGHTING HATE // TEACHING TOLERANCE // SEEKING JUSTICE

FEBRUARY 3, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But thanks to Stephen Miller, they have exactly that.

The Editors

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

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

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

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

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

View this email in your browser.”

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

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

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

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

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

PWS

02-03-18