WASHPOST: “Trump attacks protections for immigrants from ‘shithole’ countries in Oval Office meeting”

https://www.washingtonpost.com/politics/trump-attacks-protections-for-immigrants-from-shithole-countries-in-oval-office-meeting/2018/01/11/bfc0725c-f711-11e7-91af-31ac729add94_story.html

Josh Dawsey reports for the Washington Post:

“President Trump grew frustrated with lawmakers Thursday in the Oval Office when they floated restoring protections for immigrants from Haiti, El Salvador and African countries as part of a bipartisan immigration deal, according to two people briefed on the meeting.

“Why are we having all these people from shithole countries come here?” Trump said, according to these people, referring to African countries and Haiti. He then suggested that the United States should instead bring more people from countries like Norway, whose prime minister he met Wednesday.

The comments left lawmakers taken aback, according to people familiar with their reactions. Sens. Lindsey O. Graham (R-S.C.) and Richard J. Durbin (D-Ill.) proposed cutting the visa lottery program by 50 percent and prioritizing countries already in the system, a White House official said.

A White House spokesman declined to offer an immediate comment on Trump’s remarks.

. . . .

Graham and Durbin thought they would be meeting with Trump alone and were surprised to find immigration hard-liners such as Rep. Bob Goodlatte (R-Va.) and Sen. Tom Cotton (R-Ark.) at the meeting. The meeting was impromptu and came after phone calls Thursday morning, Capitol Hill aides said.”

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Read The complete article at the link,

So much for the concept of a “Stable Genius” in the White House.

Also, so much for the claim that we don’t have a racist in the White House. Actually, Haitian and African immigrants have contributed far more to the success of America than Trump and his family ever will!

 

PWS

01-11-18

 

 

 

NEWS FROM THE NEW DUE PROCESS ARMY (“NDPA”) – MICHELLE MENDEZ AT CLINIC REPORTS HIRING OF THREE NEW LITIGATORS!

My friend and NDPA stalwart Michelle Mendez over at CLINIC reports thei hiring of three new immigration litigators to assist in the battle to keep the Trump Administration from trampling the Due Process rights of immigrants (and others):

“We are thrilled to announce the addition of three outstanding advocates to our Defending Vulnerable Populations team within CLINIC’s Training and Legal Support Program:

 

Georges Francis, Senior Attorney

Rachel Naggar, Remote Legal Teams Project Attorney

Vickie Neilson, Senior Attorney

 

Georges Francis obtained his J.D. from Florida International University where he previously obtained a B.A. in business administration. He was compelled to attend law school after volunteering at the Krome Detention Center where he witnessed the disparate treatment of Haitians in removal proceedings and the hardships all ICE detainees and their families endured while trying to navigate the complicated immigration court process. Since graduating from law school and prior to CLINIC, Georges served as managing attorney for Catholic Charities Legal Services of the Archdiocese of Miami from 2006 to 2017. There, he gained over 11 years of experience litigating and managing detained and non-detained removal cases. Georges is fluent in Creole, proficient in French, and speaks basic Spanish. He is a member of the New Jersey bar and will be working remotely initially from Coral Gables, Florida and then from Charlotte, North Carolina where he will represent CLINIC in the Center of Excellence collaboration.  

 

Rachel Naggar holds a B.S. in Family Studies from the University of Maryland, College Park and a J.D. from Boston College Law School. During law school, Rachel was a summer clinical fellow at the Harvard Legal Aid Bureau. Rachel then worked as a staff attorney at the Florence Immigrant and Refugee Rights Project in Arizona from September 2009 to May 2011 before transitioning to the Neighborhood Defender Service of Harlem in the Immigration Defense Practice from June 2011 to June 2015. Thereafter, Rachel was an associate attorney Glickman Turley LLP handling immigration and criminal matters, including federal criminal appeals, and then a staff attorney at Project Citizenship. She is a member of the Maryland and Massachusetts bars. Rachel will represent CLINIC in a new pilot project in collaboration with AILA and American Immigration Council’s Immigration Justice Campaign. She works remotely from Brookline, Massachusetts.

Vickie Neilson has worked as the Legal Director of Immigrant Justice Corps, an immigration legal fellowship program that seeks to expand the quality and quantity of immigration legal services, since 2014.  Vickie has also worked in the Office of Chief Counsel of USCIS Refugee and Asylum Division, as the legal director of Immigration Equality, and as the legal director of the HIV Law Project.  She has taught as an adjunct professor at CUNY School of Law and New York University School of Law.  Vickie is the Chair of the Immigration Committee of the New York City Bar Association and is a member of the American Immigration Lawyers Association where she is co-chair of the AILA New York Ethics Committee and a member of the National Asylum Committee.  She is the editor and co-author of Immigration Law and the Transgender Client, and is a contributing author to AILA’s Guide to U.S. Citizenship & Naturalization Law.  She is a graduate of CUNY School of Law and Harvard University.  She is admitted to the New York Bar. Starting February 26th, she will work remotely from Pleasantville, New York.

 

And, if you know anyone who may be interested in joining our team as the E-Learning Program Developer, send that person our way! Thank you!

 

Gratefully,

 

Michelle N. Mendez

Training and Legal Support Senior Attorney

Defending Vulnerable Populations Project Manager

Catholic Legal Immigration Network, Inc. (CLINIC)

Mailing Address: 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910

Physical Address: OPD, 217 E. Redwood Street, Suite 1020, Baltimore, MD 21202

Cellular Phone: 540.907.1761

Fax Number: 301.565.4824

Email: mmendez@cliniclegal.org

Website: www.cliniclegal.org

 

Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs.”

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Congrats to all! And thanks for joining the (unfortunately) never ending battle to force the U.S. Government and this Administration to live up to the Due Process Clause of the U.S. Constitution! What if we had a Government that actually believed in and followed the Constitution for vulnerable migrants and everyone else in the United States? Now, THAT would be a “Great America!”

PWS

01-11-17

 

DANA MILBANK @ WASHPOST: “DREAMERS” NEED TO “COOL IT” AND STOP ATTACKING THEIR ALLIES!

https://www.washingtonpost.com/opinions/dreamers-need-to-get-out-of-their-own-way/2018/01/09/85a999a4-f58b-11e7-beb6-c8d48830c54d_story.html?utm_term=.4494c7762a33

Milbank writes:

“Once again, the left is eating its own.

Democrats are in a good position as they negotiate with President Trump and the congressional majority over their legislative priorities for the next couple of months: children’s health care, nondefense spending, disaster relief and legalization of the “dreamers,” that group of immigrants brought here illegally as children. They also are within reach of retaking both chambers of Congress in November.

But the dreamers have decided to give the Democrats a rude awakening.

When lawmakers reached a short-term, bipartisan deal last month to keep the government funded, United We Dream, the organization leading the campaign to legalize the dreamers, launched an all-out attack on Democrats for failing to insist that Deferred Action for Childhood Arrivals legislation be included in the spending bill.

The group declared the 17 Senate Democrats who voted for the bill the “Deportation Caucus” and, in a social-media barrage, said they “voted to deport young immigrants.”

United We Dream also fired off a tweet praising conservative Sen. Mike Lee (R-Utah) “for voting NO on a spending bill that did not include a Dream Act. We see your commitment and we need you to continue fighting with young immigrants!”

This is bonkers.

Democrats — in and out of the supposed “Deportation Caucus” — support legalizing the dreamers. And Lee? His opposition to the spending bill had nothing to do with dreamers. He had called DACA “an illegal abuse of executive power.” Meanwhile, Trump, who created the artificial crisis by announcing he would end DACA, gets away with barely a scratch.

United We Dream deleted the pro-Lee tweet but continues to attack Democrats. There have been sit-ins and sometimes arrests at the offices of Democratic senators.”

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Read Milbank’s complete op-ed at the link.

I think he makes a good point. Yes, “Dreamers” have been disappointed by the Dems on many prior occasions. I get that.

But, legislation, particularly in an area as complex and controversial as immigration, takes time and some give and take. In many ways, “timing is everything.” I previously noted that right before the Christmas recess would have been a particularly inopportune time from the Dems to “draw a line in the sand,” particularly if there is still some chance of a bipartisan bill that the President will sign.

The Dreamers are surely deserving, but also in many ways fortunate that the Dems (and some GOP legislators) have now put their future as perhaps the number one “must do” on their agenda. They should be careful not to “blow it” by making life difficult for those committed to helping them.

PWS

01-10-18

 

WASHPOST EDITORIAL: TERMINATION OF SALVADORAN TPS IS GRATUITOUS CRUELTY ON PART OF ADMINISTRATION – All Pain, No Gain (In Fact, A Net Loss For Everyone)!

https://www.washingtonpost.com/opinions/a-new-self-inflicted-wound-from-the-trump-administration/2018/01/09/19db1190-f585-11e7-beb6-c8d48830c54d_story.html?utm_term=.bfcbf9ae8f07

January 9 at 7:46 PM

STRIKING A blow for making America small again — plus petty, callous and self-defeating — the Trump administration on Monday stripped about 200,000 Salvadorans of their work authorizations and protection from deportation, effective 20 months from now.

The move will create tens of thousands of new undocumented immigrants in the United States; aggravate labor shortages in some American cities; saddle one of the hemisphere’s most beleaguered countries with problems it is ill-equipped to manage; and embitter tens of thousands of U.S.-born citizens whose parents are suddenly thrust into a life in the shadows or forced to return to a country where they have no future.

At this point, it’s naive to wonder what has become of America’s humanitarian impulse; in the Age of Trump, it’s null and void. Before the decision Monday by Homeland Security Secretary Kirstjen Nielsen to send packing Salvadorans who have lived in this country since a pair of earthquakes crippled their homeland in 2001, the administration took identical action last year against citizens of the hemisphere’s two poorest countries, Haiti and Nicaragua, who have also lived in this country since natural disasters ravaged their own, and announced its intention to end protections for young undocumented immigrants known as “dreamers” effective beginning in March.

As with the dreamers, the administration has seized on a narrow, legalistic interpretation as a pretext for turning against immigrants who have lived in the United States for years. In the case of the Salvadorans, officials insisted that the humanitarian program that shielded them, known as Temporary Protected Status, should lapse because their country had surmounted the original calamity that triggered TPS in the first place. The argument was the same last year for ending TPS for immigrants from Haiti, knocked senseless by a 2010 earthquake, and those from Nicaragua, leveled by a hurricane in 1998.

The administration insists it is giving meaning to the “temporary” in Temporary Protected Status. That’s fine as theory; as a policy, it fails by ignoring reality. Both the George W. Bush and Obama administrations grasped that it was unwise, not to mention cruel, to impose additional burdens on already desperate neighbors. El Salvador — wracked by brutal gang warfare, one of the world’s highest murder rates and an anemic economy — has gross domestic product per capita one-seventh that of the United States. Deporting tens of thousands of Salvadorans, and, in the process, depriving their country of the remittances they send home, will only deepen that country’s unfolding disaster. How is that in the United States’ interest?

The fact is that the Salvadorans have nearly 200,000 children who are U.S. citizens, born in this country, with no knowledge of their parents’ homeland. Nearly a quarter of those who will lose their status have mortgages, many have businesses, and a large majority have been gainfully employed for many years, paying taxes and contributing to communities.

The costs of the administration’s policy are clear. But what has been gained?”

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In the end, “Gonzo” enforcement and policy making will cost the United States dearly in many, many ways. But, that’s what happens when folks elect an Administration made up of “unqualifieds” and a Congress controlled by a minority Party that doesn’t take seriously its responsibility to legislate or goven in the overall public interest.

The only real solution here is likely to be a longer term one at the ballot box.

PWS

01-10-18

CHRISTIE THOMPSON @ THE MARSHALL PROJECT: SESSIONS’S APPARENT ATTACK ON “ADMINISTRATIVE CLOSING” IN U.S. IMMIGRATION COURT COULD FURTHER SCREW UP ALREADY FAILING SYSTEM — It Wasn’t A Problem, But Is Likely To Become One By The Time He’s Finished By Stripping Judges Of Last Vestiges Of Independent Authority Over Their Mushrooming Dockets! – I’m Quoted In This Article!

https://www.themarshallproject.org/2018/01/09/the-doj-decision-that-could-mean-thousands-more-deportations

Christie writes

“Sessions considers tying the hands of immigration judges.

Administrative closure sounds like one of the driest bureaucratic terms imaginable, but it has huge implications for immigrants and their families. Now, U.S. Attorney General Jeff Sessions, who oversees immigration judges, is considering limiting that power.

Sessions wrote in a recent brief that he would review judges’ authority to administratively close immigration cases, the latest in a series of Department of Justice memos and policies that could reshape immigration courts and make it even harder for people to remain in the U.S.

Administrative closure has been used frequently by judges to drop cases against people who aren’t a priority for deportation or who have other pending legal issues. Judges under the Obama administration used this option far more than previous judges, administratively closing 180,000 cases in four years. Critics say it operates as a kind of backdoor amnesty, particularly for people who don’t qualify for other kinds of relief under immigration law.

Closed cases are in a sort of limbo: the immigrant isn’t legally in the U. S., but the government isn’t pursuing deportation. Authorities can change their mind at any time. Under Obama, this usually happened only if the immigrant went on to commit a crime or if there was a development in his or her legal status. But the Trump Administration has already begun re-openingthousands of administratively closed cases. Immigration judges under Trump have also stopped closing cases for people who didn’t used to be an enforcement priority — such as parents of U.S. citizen children who had been in the country for a long time and had no criminal record.

Judges, attorneys and advocates say that ending administrative closure entirely could have a significant impact on individual cases and the immigration court system overall. Sessions could decide to reopen as many as 350,000 closed cases, which could flood a backlogged system that has 650,000 pending cases.

“If he brings them all back into court at once, that’s going to cripple the courts even further,” said Paul Wickham Schmidt, a former immigration judge and former head of the Board of Immigration Appeals. “They can’t do the cases they have now — why is he out there looking for more?”

There are groups of immigrants for whom administrative closure is particularly important. Someone being deported for a crime but still fighting the conviction may have his or her case closed while an appeal is pending. Judges may also stop removal proceedings for immigrants with serious mental health issues or intellectual disabilities if they are found to be incompetent to go through court hearings.

Many undocumented children also ask for administrative closure while they’re applying for juvenile protected status, a legal status that can take years to wind its way through state family court and U.S. Citizenship and Immigration Services. Without administrative closure, “those children could be deported while their application for a green card is pending with another immigration agency,” said Nicholas Phillips, an immigration attorney with Prisoners Legal Services of New York.

If administrative closure isn’t an option, judges have another option of issuing a continuance, which postpones the decision. However, that practice also recently came under fire from the attorney general. Sessions’ office recently criticized the increased use of continuances by immigration judges, saying they delayed the courts.

The Justice Department has made several decisions and proposals recently that would change how immigration judges do their job.

This fall, the department proposed setting case completion quotas for judges to try to speed up decision-making. It released a memo in December that reminding judges to act “impartially” when looking at cases involving children, despite their commonly sympathetic stories. DOJ also said judges should give asylum applications more careful scrutiny and be more reluctant to postpone a case.

Sessions’ announcement of the review came when he intervened in the immigration case of a minor who arrived from Guatemala in 2014. He has asked the Department of Homeland Security and other interested groups to submit briefs on the issue of administrative closure by a February deadline.”

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There are an estimated 350,000 pending cases currently in “administratively closed” (“AC”) status! In my extensive experience at all levels of our immigration system, there are sound reasons supporting almost all of these ACs.

If Sessions, as expected by most advocates, reaches the rather absurd conclusion that notwithstanding over three decades of use by Administrations and Attorneys General of both parties, AC is somehow “illegal” or should be “withdrawn,” these cases likely would mindlessly be thrown back into the already overwhelmed U.S. Immigration Courts on top of the 660,000 already pending cases. Over a million pending cases! That has the potential to “implode” or “explode” or “sink” (choose your favorite verb) the Immigration Court system on the spot.

In reality, AC has been nothing but a godsend for overworked, over-stressed U.S. Immigration Judges and the immigration Court system. Rather than being forced to “docket babysit” cases that can better be resolved elsewhere in the system than in Immigration Court, or that under a proper use of resources and prosecutorial discretion by the DHS never should have been placed in Immigration Court in the first place, the Immigration Judges can “clear some of the deadwood” from their dockets and concentrate on the cases that actually need their limited time and attention. No, AC by itself can’t solve the chronic backlog and due process problems currently festering in the U.S. Immigration Courts. But, reducing the active docket by a whopping one-third without treading on anyone’s due process rights was certainly a step in the right direction! 

The current backlog has been aggravated, if not actually largely created, by the practice of “Aimless Docket Reshuffling” (“ADR”) by politicos in the DOJ and the White House going back decades. As Administrations and AG’s change, and DHS Enforcement priorities change with them, cases that were once “priorities” are shuffled off to the end of the docket to make way for the new “enforcement priority of the moment.” Other times, Immigration Judges are shuffled or detailed to the new “priority dockets” and their now “non-priority regular cases” are arbitrarily reassigned to other judges (who already are carrying full dockets themselves). Many times, this means taking cases that are “ready for trial” and replacing them with cases that aren’t ready for trial because the respondent needs to find a lawyer, file applications, and prepare the case. Other times, when dockets are shifted around largely without meaningful participation by the Immigration Judges, the DHS files or EOIR “record files” are not available, thus causing further delays.

In that manner, cases are not completed on any regular, predictable schedule, “Individual Hearing” dates become “jokes,” and U.S. Immigration Judges lose both credibility and the last vestiges of independent control over their court dockets as politicos and bureaucrats who neither fully understand nor are properly part of the Immigration Court System screw things up time after time.

Sessions appears anxious to add to and further aggravate these problems, rather than addressing them ion a reasonable and systematic manner with participation of all parties who use and rely on the U.S. Immigration Courts for due process and justice. Shame on him and on our Congress for allowing this to happen!

As I’ve said over and over: It’s past time for Congress to create an independent U.S. Immigration Court system that would be free of these types of highly politicized and totally wasteful shenanigans!

Only an independent U.S. Immigration Court will provide the “level playing field” and truly impartial administration and adjudication necessary to bring these potentially “life or death” cases to conclusion in a manner that is both efficient and in full compliance with fundamental fairness and due process (and, consequently, will find a high degree of acceptance in the U.S. Courts of Appeals, rather than generating too many “returns for redos” as happens in the current “haste makes waste” environment at EOIR.)

PWS

01-10-18

BLOCKED: FEDERAL JUDGE SAYS TRUMP ADMINISTRATION VIOLATED LAW IN RESCINDING DACA –- ISSUES NATIONWIDE INJUNCTION — EXPECT APPEAL!

http://www.cnn.com/2018/01/09/politics/california-judge-daca-applications/index.html

Ariane de Vogue, Dan Berman and Madison Park report for CNN:

“(CNN)A federal judge in California late Tuesday temporarily blocked the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals program.

Judge William Alsup also said the administration must resume receiving DACA renewal applications.
But the ruling is limited — the administration does not need to process applications for those who have never before received DACA protections, he said.
The Trump administration announced the move to draw down the program last September with a planned end for early March. DACA protected young undocumented immigrants who came to the US as children from deportation.
close dialog
The fate of DACA and the roughly 700,000 “Dreamers” is the subject of heated negotiations in Washington, where President Donald Trump, Republicans and Democrats are searching for a way to allow Dreamers to stay while also addressing border security concerns. It is not clear how the order will impact those talks.
The ruling came in a challenge to the Department of Homeland Security brought by the University of California and others.
In his 49-page ruling, Alsup said “plaintiffs have shown that they are likely to succeed on the merits of their claim that the rescission was arbitrary and capricious” and must be set aside under the federal Administrative Procedures Act.
The judge said a nationwide injunction was “appropriate” because “our country has a strong interest in the uniform application of immigration law and policy.”
“Plaintiffs have established injury that reaches beyond the geographical bounds of the Northern District of California. The problem affects every state and territory of the United States,” he wrote.
In response to the ruling, the Department of Justice questioned the legality of DACA, calling it “an unlawful circumvention of Congress.” DOJ spokesman Devin O’Malley said that DHS “acted within its lawful authority in deciding to wind down DACA in an orderly manner” and implied that the legal battles aren’t over yet.
“The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation,” O’Malley said.

‘A huge step in the right direction’

California’s Attorney General Xavier Becerra hailed the ruling as a “a huge step in the right direction” in a statement. A coalition of attorneys general, including Becerra had also filed suit against the federal government over ending DACA, maintaining that it would cause “irreparable harm to DACA recipients.”
In contrast, Mark Kirkorian, the executive director of Center for Immigration Studies, a think tank that advocates for lower immigration, described the ruling as “our lawless judiciary” in a tweet.
The plaintiff, the University of California said in a statement it was “pleased and encouraged” by the judge’s ruling, which would allow DACA recipients to stay in the US as the lawsuits make their way through the courts.
“Unfortunately, even with this decision, fear and uncertainty persist for DACA recipients,” said Janet Napolitano, president of the UC school system and was the Secretary of Homeland Security in 2012 who established DACA.
While the ruling that orders DACA renewals is “a sigh of relief,” it’s a fleeting one, said Karen Tumlin, legal director of the National Immigration Law Center, which advocates for rights of immigrants.
“It is important to remember, however, this is temporary relief by a single federal district court judge, it should not take the pressure off of Congress to do the right thing and enact a permanent solution for these young people.”
Lawmakers are racing toward a January 19 deadline for government funding and a host of issues, including DACA are tied to the negotiations.
“Dreamers deserve permanence they can count on, not legal thrillers. Congress needs to bring that home,” tweeted Tumlin.

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We now essentially have a conflict with a much earlier ruling from USDJ Hanen in Texas who found that a different, but related, Obama-era program called “DAPA” was illegal. That case was affirmed by the Fifth Circuit in a split opinion and went to the Supreme Court where an equally divided Court let the ruling below stand. So, unless new Justice Neil Gorsuch sides with the plaintiffs in this case, its likely to eventually be a loser (and a winner for the Administration) before the Supremes. Hopefully, Congress will resolve this in a way that ultimately makes further litigation unnecessary.

PWS

01-10-18

 

TRUMP’S MEETING WITH LEGISLATORS ON IMMIGRATION – LOTS OF TALK, MANY SOUND BITES, NO CLEAR “BOTTOM LINE!” — Including Reports From WashPost’s David Nakamura and CNN’s Tal Kopan!

https://www.washingtonpost.com/news/post-politics/wp/2018/01/09/trump-urges-congress-to-pass-bill-of-love-to-protect-dreamers-but-reiterates-demand-for-border-wall/?hpid=hp_rhp-top-table-main_trump-dreamers-2pm%3Ahomepage%2Fstory&utm_term=.873d6df1082a

David Nakamura reports for the Washington Post:

“President Trump met with a bipartisan group of Congress members at the White House on Tuesday in an effort to revive stalled talks over immigration, urging lawmakers to pass a “bill of love” to protect some undocumented immigrants from deportation.

Trump expressed confidence that a deal over the fate of the “dreamers” — immigrants who arrived in the country illegally as children — was within reach ahead of a March 5 deadline he set before work permits issued under an Obama-era program to nearly 700,000 begin to expire in mass. The president reiterated his demands for border wall funding and curbs to some legal immigration programs, but he said he would defer to lawmakers to hammer out the details and sign whatever bill they put in front of him.

“I really do believe Democrat and Republican, the people sitting in this room, really want to get something done,” Trump said.

“My position is going to be what the people in this room come up with,” he added. “I have a lot of respect for people on both sides. What I approve will be very much reliant on what people in this room come to me with. If they come to me with things I’m not in love with I’m going to do it.”

Lawmakers in both parties have said they are waiting for the Trump White House to specify its demands before the negotiations can move forward. Democrats and some moderate Republicans have resisted funding a border wall at a time when illegal immigration over the Mexico border is at record lows.

In an unusual meeting, Trump allowed reporters to remain in the Cabinet Room for more than 50 minutes as he and the Congress members laid out their bargaining positions. Trump challenged the group to “put country before party” to get a deal done.

“Lives are hanging in the balance. We’ve got the time to do it,” said Sen. Richard J. Durbin (D-Ill.), an original sponsor of legislation to legalize dreamers.

During the meeting, Trump also addressed other news, saying he believed a presidential run by media mogul Oprah Winfrey would be fun, but predicting she would ultimately chose to forgo a White House bid despite some enthusiasm among Democrats after she gave a rousing speech at the Golden Globe awards this week.

“I don’t think she’s gonna run,” Trump said, responding to a question from a reporter. “I know her very well.”

Trump announced in September his plans to terminate the Deferred Action for Childhood Arrivals (DACA) program, but he gave lawmakers a six-month window to pass a legislative deal before the temporary work permits begin to expire at a rate of nearly 1,000 per day. (About 122 immigrants a day already are losing their work permits after failing to renew their applications last fall.)

But negotiators have been at an impasse over how to proceed. Democrats and some moderate Republicans are eying a Jan. 19 deadline for a must-pass government spending deal as leverage to get a deal done on DACA. But the talks are deadlocked over Trump’s demands for the wall and cuts to legal immigration, including ending a diversity visa lottery and ending what the president calls “chain migration,” the practice of Americans sponsoring extended family members for green cards.

Democrats have balked at accepting major new border security provisions, saying the administration’s call for $18 billion in funding for hundreds of miles of a border wall is costly and unnecessary at a time when illegal immigration levels have plummeted.

Lawmakers from both said expressed confidence that the meeting had been productive and said the group had succeeded in narrowing the framework for discussions — yet both sides defined that framework in different terms. Democrats suggested they were open to some border security enhancements, but they emphasized that they agreed with Trump that broader talks over additional changes to the immigration system must be done after a deal over the dreamers is completed.

But Republicans said they expect Democrats to address four areas — border security, the fate of the dreamers, the diversity visa lottery and curbs to “chain migration.”

During the talks in the Cabinet Room, Trump appeared at one point to agree with Sen. Dianne Feinstein, who said Democrats are seeking a “clean” DACA bill without additional border security provisions. House Majority Leaders Kevin McCarthy (R-Calif.) then interjected to insist that Republicans want security included.

“Mr. President, you need to be clear, though,” McCarthy said. When we talk about just DACA, we don’t want to be back here two years later. We have to have security.”

Trump responded: “I think that’s what she’s saying.”

Further confusing matters, Trump also said he hoped to pursue a “comprehensive” immigration bill after lawmakers strike a deal on the dreamers. Comprehensive bills, which would deal with work visas and other elements of the immigration system, failed on Capitol Hill during the tenures of both Barack Obama and George W. Bush.

Republican leaders of the House Judiciary and Homeland Security committees said they will introduce a bill Wednesday that will represent a purely Republican solution to the DACA dilemma, offering legal status to immigrants who had participated in the DACA program alongside a suite of measures that go well beyond the parameters of the bipartisan negotiations. Two Republicans familiar with the bill say it is expected to include several measures Democrats have roundly rejected, such as sanctions for “sanctuary cities” that do not cooperate with federal immigration enforcement agencies.

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) said the bill would be a “good foundation” for the bipartisan talks and that more would have to be done after the initial deal is struck,

Trump indicated during the meeting that he would accept a border wall that includes elements of fencing and surveillance tools, such as aerial drones, in the place of a steel or concrete structure. Democrats said they were supportive of additional border security but declined to say whether they were open to supporting funding for a wall.

“That’s all part of the negotiations,” McCarthy said. “What today was about was bringing the narrowing of solving this problem and finding common ground.”

He said negotiators for both parties were scheduled to meet Wednesday to continue the talks.

Mike DeBonis contributed to this report.”

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And, here are the latest reports from Tal Kopan and her colleagues at CNN, who are on top of the DACA story.

Trump contradicts self repeatedly in immigration meeting

By Tal Kopan, CNN

President Donald Trump appeared to contradict himself multiple times in a meeting on immigration with a bipartisan group of lawmakers Tuesday — a reflection of growing frustration from Capitol Hill about the lack of direction from the White House on the issue.

The President at times suggested he would be looking to sign everything from a stand-alone fix for the Deferred Action for Childhood Arrivals program — set to expire in March — to comprehensive immigration reform, often appearing to being guided by lawmakers in the room to modify his positions.

The comments came during a nearly hour-long conversation between the roughly two dozen lawmakers, the President and White House staff that the press was allowed to record — a window into the difficult negotiations that still surround the issue of replacing DACA, which protected young undocumented immigrants who came to the US as children from deportation, and border security.

At the end of the session, Trump suggested that ultimately, he would sign whatever he was presented with.

More: http://www.cnn.com/2018/01/09/politics/donald-trump-immigration-contradictions/index.html

House conservatives prep own DACA bill

By Tal Kopan, CNN

A group of House conservatives are set to introduce their own proposal on immigration this week — a move that could seek to pull ongoing bipartisan negotiations to the right.

Reps. Bob Goodlatte and Raul Labrador said the bill was expected Wednesday — with Goodlatte telling President Donald Trump about the effort in a White House meeting with bipartisan lawmakers Tuesday and Labrador speaking with reporters earlier in the day.

The meeting with Trump was largely focused on resolving the Deferred Action for Childhood Arrivals policy, which Trump has opted to end but says he wants preserved legislatively in exchange for border security and immigration reforms.

According to a source familiar with the effort, the bill was discussed in Republican conference on Tuesday and will include virtually the entire wish-list of conservatives.

The bill comes from a handful of conservative Republican members from Speaker Paul Ryan’s immigration working group — though not some key moderate members of that group. The team had a meeting at the White House the Tuesday before Christmas, which included Reps. Mike McCaul, the House Homeland Security Committee chairman; Goodlatte, the House Judiciary Committee chairman; Labrador, the chairman of the immigration subcommittee on Judiciary; Martha McSally, the chairwoman of the border subcommittee on Homeland; and Mark Meadows, the conservative House Freedom Caucus chairman.

More: http://www.cnn.com/2018/01/09/politics/conservative-house-daca-bill-goodlatte-mccaul-labrador/index.html

And more on the overall meeting in our main piece:

http://www.cnn.com/2018/01/09/politics/white-house-congress-lawmakers-immigration-daca/index.html

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Got it? It’s all “clear as mud” to me!

Lots of talk; whether it results in action, TBD. Immigration does seem to be on the “front burner” these days.

 

PWS

01-09-18

CNN: CURRENT STATE OF DACA NEGOTIATIONS: “A MESS!”

 

http://www.cnn.com/2018/01/08/politics/daca-immigration-negotiations-latest/index.html

 

 

Lauren Fox, Phil Mattingly, & Tal Kopan report for CNN:

“(CNN)Republicans and Democrats will sit down with President Donald Trump in a bipartisan meeting Tuesday aimed at moving closer to protecting hundreds of thousands of immigrants from deportation, but a long-entrenched partisan divide over immigration policy and a looming budget deadline are threatening progress.

Republican and Democrats involved in negotiations over the must-pass January spending deal say that DACA — the Deferred Action for Childhood Arrivals program — has become the key to unlocking any funding agreement and some are frustrated with how negotiations are unfolding. Republicans charge that Democrats have all but halted talks on spending caps until there is a resolution on DACA, which gives undocumented immigrants who came to the country as children a chance to stay, work or study in the US without fear of deportation.
“Seems to me that Democrats are holding that deal hostage for a DACA negotiation and we are meeting at the White House tomorrow on a bipartisan basis with the President to see what that might look like,” said the Senate’s No. 2, Texas Republican John Cornyn. “But I think that’s going to make the January 19 date pretty hard to hit.”
“It’s a mess,” said one person directly involved in the negotiations.
A separate GOP aide said the broader environment for both parties simply “isn’t in a good place right now.”
Democrats argue the White House hasn’t been fully engaged to the degree it needs to be and say that a long and broad policy wish list released last week just further irritated Democrats working closely on the immigration compromise. One Democratic aide argued the White House’s list was “out of the realm of reality.”

Republicans can’t avoid Trump’s wall promises in DACA talks
“No wall,” said Democratic Sen. Kamala Harris of California. “Listen, I believe in border security. I think it’s very important that we have a secure border, but spending billions and billions of dollars on this wall because of a political promise and a campaign promise is ridiculous.”
What Tuesday’s meeting means
The meeting at the White House on Tuesday was expected to — at the very least — symbolize that Trump was growing more serious about finding a bipartisan resolution. But adding more tension to the anticipated meeting for Democrats is the fact the White House invited GOP lawmakers Democrats view as openly hostile to finding a consensus deal on DACA.
In the background, details are still being worked out on what a plan to help recipients of DACA would look like, and a bipartisan group of Senate lawmakers led by Democrat Dick Durbin of Illinois and Republican Lindsey Graham of South Carolina continues to negotiate.
However, the tensions that existed in December but had been overcome with a holiday deadline are playing out in real time now between the two parties.
“I think this is going to be the flexion point where we get some things done or we don’t,” Rep. Adam Kinzinger, a Republican from Illinois, said Monday afternoon on CNN.
On Capitol Hill, bipartisan talks have been ongoing for months and the group of senators led by Durbin and Graham acknowledge they need Trump to lay out clear priorities to move forward.
The thinking is that Trump — who secured the Republican Party’s nomination by promising mass deportations and a border wall — can offer political cover for Republicans who may be fearful of backing any immigration bill that is viewed as amnesty among their base. With Trump’s blessing, Republicans believe they can find a way to move ahead on DACA. Without it, the votes are compromised.
The bipartisan meeting at the White House on Tuesday comes after Trump met with Republicans last week at the White House and Sen. Jeff Flake of Arizona refused to attend, citing the lack of bipartisanship.
White House chief of staff John Kelly, formerly the secretary of homeland security, will also be in the bipartisan meeting Tuesday and has been leading outreach to lawmakers on Capitol Hill on the ongoing talks.
Also on the list Tuesday are a host of lawmakers who would be expected, including Durbin and Democratic Sen. Bob Menendez of New Jersey, a 2013 immigration reform veteran. But the list also includes red state Democrats like Sens. Heidi Heitkamp of North Dakota and Jon Tester of Montana, as well as Democratic Rep. Henry Cuellar of Texas, who frequently votes with Republicans on immigration and border issues — a sign that the White House is looking to pick off as many Democrats as it can even if it can’t work with the party’s key negotiators.

The key for some negotiators attending the meeting is to convince Trump to keep any deal on DACA narrow. The agreement that is taking shape in Durbin and Graham’s group would offer a path to citizenship to DACA eligible immigrants, would include money for border security, would address the “chain migration” — or family-based sponsorship options — of the covered population and would end the diversity lottery in favor of reallocating those visas somewhere else, possibly to include a fix for Temporary Protected Status.
Flake told CNN he’s prepared to tell Trump on Tuesday that this DACA deal cannot include a whole host of immigration policy changes but instead has to be narrowly focused if Republicans want to succeed.
“This is not a comprehensive reform bill,” Flake said. “We can’t do one before March.”
More than one group pushing immigration plans
In addition to the bipartisan working group, conservatives including Cornyn and Senate Judiciary Chairman Chuck Grassley of Iowa are having their own conversations, and Republican Sens. Thom Tillis of North Carolina and James Lankford of Oklahoma are also going to be at the White House on Tuesday.
In the House, multiple efforts are underway as well, many led by rank-and-file members. Republican Rep. Will Hurd of Texas and Democratic Rep. Pete Aguilar of California have released their own bipartisan framework for a deal after weeks of negotiations. Aguilar is the whip for the Congressional Hispanic Caucus. That deal focuses on DACA and border security, but the lawmakers hope additional measures could be added if necessary to finalize a deal.
The bipartisan Problem Solvers Caucus — including Republican Rep. Carlos Curbelo of Florida, a longtime DACA advocate — had also been working to reach a compromise that before the break was similar in concept to what the Senate group was working on.
And, as in the Senate, a group of more conservative Republican lawmakers are working on their own proposal, including House Homeland Security Chairman Mike McCaul of Texas and House Judiciary Chairman Bob Goodlatte of Virginia, which would be strongly to the right of most of the bipartisan compromises. Both men will also be at the White House on Tuesday.
CNN’s Ted Barrett and Dana Bash contributed to this report.“

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Stay tuned!

PWS

01-09-17

 

EXCLUSIVE FROM TAL @ CNN: “Pair of lawmakers unveil bipartisan DACA plan!”

http://www.cnn.com/2018/01/08/politics/bipartisan-daca-compromise-plan-unveiled/index.html

The always amazing Tal Kopan at CNN files this exclusive report on a possible “Dreamer Breakthrough:”

“Exclusive: Pair of lawmakers unveil bipartisan DACA plan

By Tal Kopan, CNN

A bipartisan pair of House members have reached a compromise on Deferred Action for Childhood Arrivals and border security — a plan the two unlikely allies hope could provide a “foundation” for a deal President Donald Trump could sign into law.

Reps. Will Hurd, a Texas Republican, and Pete Aguilar, a California Democrat and whip for the Congressional Hispanic Caucus, have been quietly working for weeks to develop their legislation, which the two sophomore lawmakers are releasing as a discussion draft as talks heat up on DACA ahead of a government funding deadline January 19 being used as leverage in Congress. The hope is, they say, that putting out a bipartisan proposal could speed up talks about resolving the issue.

The plan aims to be “as narrow as possible,” Hurd told CNN in an exclusive joint interview with Aguilar on Sunday night about the proposal.

The legislation draws heavily from other proposed legislation, a conscious decision by the two congressmen to lean on language that has already been vetted by committees and lawmakers, they say.

At the core of the deal would be a legislative way to enact DACA, an Obama administration program that protected young undocumented immigrants who came to the US as children from deportation that Trump has decided to end.

The bill would offer qualifying individuals the ability to get in line for a green card and eventual citizenship after years of conditional residency, provided they meet certain requirements, including a background check and work, education or military service requirements. The bill doesn’t make explicit reference to sponsoring relatives, but the bill summary notes that existing law would prohibit parents of these individuals who came to the US illegally to return to their home country for at least 10 years before applying for a visa to come back, and the bill does nothing to erase that requirement. That addresses “chain migration,” or family-based migration, that Trump says he wants to cut.

Other provisions include increasing the number of immigration judges and attorneys, as the Justice Department has sought, to reduce the lengthy backlog of cases in immigration courts that cause people to stay in the US in limbo for years. The bill also coordinates efforts to improve conditions in Central America, to address factors that send undocumented immigrants to the US.

For the border, the bill draws heavily from Hurd’s “smart wall” bill that would direct the Department of Homeland Security to gain “operational control” of the border by the end of 2020 through “technology, physical barriers, levees, tools and other devices,” according to a bill summary shared with CNN.

Both lawmakers said they hope the deal can provide a basis for Congress to resolve the DACA issue, which Trump has said he wants replaced but only if paired with his border wall and some other immigration fixes.

Leadership has not officially blessed Hurd and Aguilar’s work, but party leaders on both sides, including the White House, have been looped in on its development, the lawmakers said.

“This is a DACA and border security fix,” Hurd said. “And if there’s other elements that have to be included in a broader deal to get signed into law, this is a foundation for that conversation.”

Aguilar said he has been whipping “in the weeds” on the issue, and Hurd has been working on his side of the aisle. Neither gave numbers of supporters, though Hurd estimated “dozens of Republicans” could back it.

“This is the building block that would have bipartisan support if it was on the floor tomorrow,” Aguilar added. “I feel confident about that. I feel the same as Will, if there are other pieces that have to come to get a signature, we’ll take a look.”

 

Unlikely allies

 

Both lawmakers were elected in 2014, both defeating incumbent congressmen of the opposite party, and both defended their seats in rematch challenges in 2016.

The partnership evolved out of Congressional Hispanic Caucus efforts to engage Republicans and see what they could support, Aguilar said. He even checked with his colleague Democrat Beto O’Rourke, whose district neighbors Hurd’s and who did a 24-hour livestreamed road trip with him to DC. O’Rourke affirmed that Hurd could be trusted, Aguilar said.

Both noted that they were not in Congress for previous immigration reform battles, unlike some of their counterparts in the Senate and broader House negotiations, something they see as an advantage.

“I think it grew out of two folks that, we don’t have all the wounds from all the other in-fights over these topics,” Hurd said.

“We’re having really substantive discussions in a way that some of our colleagues can’t because they’re trying to fight the battles from 10 and 15 and 20 years ago, or because this isn’t something that they work with or see a lot,” Aguilar added.

Aguilar represents the whip operation of the Hispanic caucus, which has been one of the leading voices on the left and closely listened to by Democratic leadership in negotiating a deal.

Hurd’s district in Texas contains the most border of any lawmaker in Congress, from the outer ring of El Paso on the western edge of Texas to the region due south of San Antonio in the middle of the state. It includes more than 800 miles of border with Mexico, which is more than one-third of the entire US-Mexico border. It’s also a district Hillary Clinton won in the last election and has a heavy Hispanic population.

That combination of knowledge, the duo says, was key.

“From my perspective, he has the most knowledge of issues that are going on in a border district than any member I’ve worked with or talked to, period, irrespective of party affiliation,” Aguilar said.

“This is about solving the problem, and the only way you solve the problem is to do it with people that have the respect of their colleagues and knowledge of the problem, and that is Pete Aguilar,” Hurd said.”

**********************************************

Sounds like a plausible deal that “finesses” some of the longer term immigration policy questions. Thanks to Tal for passing this on.

PWS

01-08-18

 

THE HILL: NOLAN SAYS THAT ANY DREAMER LEGISLATION MUST BE “FULLY VETTED!”

http://thehill.com/opinion/immigration/367744-democrats-out-of-order-on-dream-act?rnd=1515255525

 

Family Pictures

Nolan writes (in part):

“. . . .

If the DREAM Act is passed without going through the checks and balances that are provided by regular order, it will represent little more than the partisan views of those who wrote it.

. . . .

It seems somewhat hypocritical for Schumer and Pelosi to be urging the passage of a DREAM Act without going through the regular order: They have expressed outrage in the past when the Republicans have resorted to such tactics.

For instance, when Republicans tried to rush the Graham-Cassidy healthcare bill through the Senate to repeal the Affordable Care Actwithout going through the regular order, Schumer made the following statement on the floor of the Senate:

There is no regular order here. There are no bipartisan, public hearings on the Graham-Cassidy bill. … [I]t’s the same backroom, one-party sham of a legislative process that ultimately brought the other bill down. A contrived, 11th hour hearing on block grants in the Homeland Security Committee — a committee with such limited jurisdiction over healthcare matters — does not even come close to suggesting regular order.

And when House Speaker Paul Ryan (R-Wis.) abandoned the pledge he had made to return to regular order, Pelosi responded with an angry press statement claiming that, “It has long been clear that regular order is not as important to republicans as protecting their special interest agenda.”

The nonpartisan Congressional Budget Officeestimates the DREAM Act would make legal status available to 3.4 million undocumented aliens and would increase national budget deficits by $25.9 billion over the 2018-2027 period.

The Immigration Reform and Control Act of 1986 established the largest legalization program we have ever had, and it only legalized 2.7 million aliens.

The extreme generosity of the DREAM Act of 2017 is unfair to the American citizens and Lawful Permanent Residents who have unconscionably long waits to be reunited with alien family members. As of November 2017, there were 4 million aliens with approved family-based visa petitions on the visa waiting list.

. . . .

Congress needs to pass a bill to help alien children who were brought here illegally by their parents, but it should be a bill that has gone through the checks and balances of the legislative process.”

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Go on over to The Hill at the link to get the full detail about Nolan’s objections to the current draft of the “Dream Act.”

The parallel between “Graham-Cassidy,” which was in fact a GOP backroom effort that totally excluded Dems from the process, and the Dream Act appears strained. Nonpartisan Dream Act negotiations are currently going on and have been for some time. Indeed, since the Dems are in the minority in both Houses, they will need some bipartisan GOP support to pass Dreamer relief. Moreover, unlike Graham-Cassidy, various versions of the Dream Act have been around and debated for years. Indeed, various bills at one time had majority support in both Houses, but GOP restrictionist maneuvering blocked them from becoming law.

The Dems had to face down some “rebellions’ from their base for going back on their word and voting to temporarily fund the USG over the Holidays. I don’t see how they can “kick the can” on the Dreamers down the road any more without some serious backlash from their own base. That’s particularly true now that the unnecessary and unwise termination of TPS for El Salvador has sowed yet more fear and unease in the immigrant and Hispanic communities.

As I’ve pointed out before, because of the “Bakuninist Wing” of the GOP, Trump isn’t going to get any type of budget without some Democratic support. Once he gets a budget, that need for “bipartisanship” might well disappear overnight. So, now is the time for the Dems to use their “leverage.”

As other commentators have noted, at one time additional border fencing was basically a “nonpartisan no-brainer.” But, by turning “The Wall” into a White Nationalist racist anti-Hispanic symbol, Trump basically has “poisoned the well” for the Democrats. Nevertheless, there might be room for some additional fencing that the Dems could characterize as “less than The Wall” while Trump could claim victory to his base. The Dems also could give on border equipment and technology as well as more administrative and legal personnel for DHS. Beyond that, the pickings are slim.

But, the GOP leaders and Trump don’t have lots of options either. They will be hard pressed to come up with a budget that satisfies Trump while still gaining sufficient support from the Bakuninists. Then, there is the problem that the budget apparently will require 60 votes in the Senate. That means that the GOP has to do at least something akin to a bipartisan deal. I’ve certainly been wrong before, but I don’t see Nolan’s idea as something the Dems can buy at this time.

I have no problem with also giving relief to family members waiting in line to immigrate. It’s not a “zero sum game” as the restrictions try to portray it. We could clearly take in more legal immigrants now and in the future; clearly we should have been doing so in the past, in which case we wouldn’t have approximately 10 million productive residents living here without legal status. But, that probably will have to await some type of overall Immigration Reform that’s unlikely to be accomplished as long as guys like Jeff Sessions, Steven Miller, and Sen. Tom Cotton are “driving the train” for the GOP on immigration.

So, stay tuned, we’ll see how this all plays out.

 

PWS 01-08-18

 

 

 

ELISE FOLEY @ HUFFPOST: TRUMP’S WHITE NATIONALIST AGENDA APPEARS ON TRACK TO SINK DREAMER AGREEMENT, PERHAPS RESULTING IN USG SHUTDOWN! – Sen. Durbin, Dems “Just Say No” To Restrictionist Measures!

https://www.huffingtonpost.com/entry/trump-daca-dreamers-dick-durbin_us_5a4fff0ce4b01e1a4b151ad1

Elise writes in HuffPost:

“WASHINGTON  ― President Donald Trump sent senators a lengthy set of demands on Friday that could tank a deal to help Dreamers ― young undocumented immigrants who came to the U.S. as children ― and might risk a government funding agreement in the process.

The document is essentially an immigration restrictionist wish list. It calls for a border wall, more immigration enforcement agents, punishment for so-called “sanctuary cities,” restrictions on citizens and legal residents sponsoring family members’ visas, and policies to make it easier to detain and deport undocumented immigrants. No dollar amounts were included in the list of demands, but The Wall Street Journal reported earlier Friday that Trump is seeking nearly $18 billion to pay for a border wall.

Democrats and immigrant rights activists have said they won’t accept the White House’s demands in a deal to grant legal status to Dreamers, hundreds of thousands of whom are at risk of losing deportation protections because Trump ended the Deferred Action for Childhood Arrivals or DACA program.

The list could be enough to trigger a Democratic revolt on a government funding bill that needs to pass later this month, Senate Minority Whip Dick Durbin (D-Ill.), whose office shared the White House’s list with reporters, said in a statement.

“President Trump has said he may need a good government shutdown to get his wall,” Durbin said. “With this demand, he seems to be heading in that direction. … It’s outrageous that the White House would undercut months of bipartisan efforts by again trying to put its entire wish-list of hardline anti-immigrant bills—plus an additional $18 billion in wall funding—on the backs of these young people.”

Trump ended DACA in September and said Congress should act to give more permanent protections to recipients of the two-year work permits and deportation relief. DACA recipients will begin to lose permits in greater numbers in March, although activists estimate they’re already losing them at a rate of about 122 per day.

In the months since Trump ended the program, the White House has put out long lists of immigration priorities, and Trump has made broad pronouncements in public comments and tweets, largely focused around building a wall, ending the diversity visa lottery and eliminating so-called “chain migration,” immigration restrictionists’ preferred term for family reunification visas.

The list of demands was initially created in October, with Stephen Miller, a Trump policy adviser, listed as the author of the document, according to the properties on the PDF file. But senators didn’t get a copy until Friday.

The White House did not immediately respond to a request for comment on the document.

Democrats have said they are willing to give Trump some of what he wants on border security, such as more infrastructure, technology and funds, in exchange for legal status for Dreamers. But they, and Dreamers themselves, have argued any deal must be proportional — not everything Republicans want in exchange for legal status for one subset of the undocumented population. During comprehensive immigration reform efforts in 2013, for example, Democrats agreed to an overhaul of the legal immigration system, border security measures and enforcement as part of a package that would have also granted a path to legal status and eventual citizenship for much of the undocumented immigrant population.

Democrats, activists and even some Republicans have warned that piling on more immigration issues has the potential to sink a deal — it happened during past reform efforts and could again now.

The document the White House sent to senators on Friday could indicate the administration either thinks it can get Democrats to settle because of their desire to help Dreamers, or that it doesn’t really want a deal at all.

I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it. Greisa Martinez Rosas, advocacy director for United We Dream

The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.

The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.

The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.

The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.

The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.

The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.”

********************************************
Read the rest of Elise’s report at the link.
I think that “Dreamers” are a good place for the Dems to take a stand. And, given the “Bakuninist Wing” of the GOP (who share Trump’s desire to destroy Government, but are dissatisfied with the pace of the destruction), it’s going to be very difficult for Trump to get any type of budget passed without Democratic support.
The DHS needs an additional 10,000 agents like we all need holes in our heads. They don’t have enough legitimate law enforcement functions to perform with the staff they have; that’s why they have time for chasing after kids and stuffing their generally law-abiding parents into an already overwhelmed Immigration Court system for hearings that probably won’t take place until long after this Administration is history. (And, that’s even without Gonzo’s current “plan” which appears to be intentionally “jacking up” the Immigration Court backlog to more than 1,000,000 cases overnight by “recycling” all of the currently “administratively closed” cases!)
The words of Greisa Martinez Rosas, advocacy director for United We Dream,  are worth repeating and keeping in mind:
“I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it.”
PWS
01-06-17

GONZO’S WORLD: SESSIONS APPEARS READY TO ELIMINATE OR SEVERELY RESTRICT AUTHORITY OF EOIR JUDGES TO “ADMINISTRATIVELY CLOSE” CASES!

For some time now, immigrant advocates have been fearing/expecting Attorney General Jeff Sessions to use his authority to “certify” BIA cases to himself as a means to undo or restrict BIA administrative precedents that might be helpful or favorable to migrants.

For those new to the practice, the U.S. immigration Court, including both the trial courts and the Appellate Division (“BIA”), is a “wholly owed subsidiary” of the Attorney General and the U.S. Department of Justice. The Attorney General gets to select U.S. Immigration Judges and BIA Appellate Judges, and they basically serve in their judicial positions at his pleasure (although, for the most part, they can’t be removed from their positions as DOJ Attorneys without cause — in other words, they can  be reassigned to non-judicial duties at the same pay and grade largely “at will”).

Additionally, the Attorney General has the authority to promulgate regulations governing the jurisdiction and authority of the Immigration Courts and the BIA. Beyond that, he can actually change the result in individual cases with which he disagrees by a regulatory device known as “certifying” cases to himself for final decision. This process, of course, also applies to BIA precedents, which otherwise are binding on U.S. Immigration Judges nationwide.

The process of certification has now begun. Today, Sessions “certified” a BIA case to himself for the apparent purpose of stripping or limiting the authority of the BIA and Immigration Judges to “administratively close” cases. “Administrative closure” is a method of removing the case from the court’s active docket (significantly, it then no longer counts toward the “backlog” of pending cases).

It is normally used for cases that are pending for adjudication somewhere within the USCIS. It had also been widely used, particularly during the Obama Administration, as a means of implementing decisions by the ICE Chief Counsel to exercise “prosecutorial discretion” or “PD” in particular humanitarian situations, as well as a way for removing so-called “DACA” grants from the courts’ active dockets.

The particular case certified is Matter of Castro-Tum, 27 I&N Dec. 87 (A.G. 2018). The BIA’s decision is unpublished (“non-precedcential”). However, Session’s real target appears to be the BIA’s precedents Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017), which gave Immigration Judges at least some independent authority to administratively close cases over the objection of a party (although, importantly, not the authority to close a case for “PD” without ICE Counsel’s consent). While Matter of Castro-Tum asks for briefing on a number of questions, it seems highly unlikely that Sessions went to the trouble of certifying the case to reaffirm, continue, or expand the use of “administrative closing.”

“Administrative closing” was initiated by the first EOIR Chief immigration Judge, the late William R. Robie, as a way of clearing court dockets of cases that were not actually under active consideration before the Immigration Court. It has been an effective way or reducing and prioritizing immigration Court dockets that has presented few problems in administration. Its elimination or restriction could lead to more “Aimless Docket Reshuffling” (“ADR”) or bigger backlogs.

Some advocates have even suggested that Sessions actually intends to maximize the Immigration Court’s already huge 660,000 case backlog to support a request for 1) a dramatic immediate increase in immigration Judge funding, or 2) a dramatic expansion of the number of individuals subject to so-called “Administrative (or “Expedited”) Removal” by DHS Enforcement officers without recourse to the immigration Court, or both.

Stay tuned to see which BIA precedents might be next on Session’s “chopping block.”

Here’s a copy of Matter of Castro-Tum:

https://www.justice.gov/eoir/page/file/1022366/download

Cite as 27 I&N Dec. 187 (A.G. 2018) Interim Decision #3911

Matter of Reynaldo CASTRO-TUM, Respondent

Decided by Attorney General January 4, 2018

U.S. Department of Justice Office of the Attorney General

The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to the authority to administratively close immigration proceedings, ordering that the case be stayed during the pendency of his review.

BEFORE THE ATTORNEY GENERAL

Pursuant to 8 C.F.R. § 1003.l(h)(l)(i) (2017), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me in my review, I invite the parties to these proceedings and interested amici to submit briefs on points relevant to the disposition of this case, including:

1. Do Immigration Judges and the Board have the authority, under any statute, regulation, or delegation of authority from the Attorney General, to order administrative closure in a case? If so, do the Board’s decisions in Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017), articulate the appropriate standard for administrative closure?

2. If I determine that Immigration Judges and the Board currently lack the authority to order administrative closure, should I delegate such authority? Alternatively, if I determine that Immigration Judges and the Board currently possess the authority to order administrative closure, should I withdraw that authority?

3. The regulations governing removal proceedings were promulgated for “the expeditious, fair, and proper resolution of matters coming before Immigration Judges.” 8 C.F.R. § 1003.12 (2017). Are there any circumstances where a docket management device other than administrative closure—including a continuance for good cause shown (8 C.F.R. § 1003.29 (2017)), dismissal without prejudice (8 C.F.R. § 1239.2(c) (2017)), or termination without prejudice (8 C.F.R. § 1239.2(f))—would be inadequate to promote that objective? Should there be different legal consequences, such as eligibility to apply for a provisional waiver of certain grounds of inadmissibility under the immigration laws or for benefits under federal or state programs, where a case has been administratively closed rather than continued?

4. If I determine that Immigration Judges and the Board do not have the authority to order administrative closure, and that such a power is unwarranted or unavailable, what actions should be taken regarding cases that are already administratively closed?

187

Cite as 27 I&N Dec. 187 (A.G. 2018) Interim Decision #3911

The parties’ briefs shall not exceed 15,000 words and shall be filed on or before February 2, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before February 9, 2018. The parties may submit reply briefs not exceeding 6,000 words on or before February 20, 2018. All filings shall be accompanied by proof of service and shall be submitted electronically to AGCertification@usdoj.gov, and in triplicate to:

United States Department of Justice Office of the Attorney General, Room 5114 950 Pennsylvania Avenue, NW Washington, DC 20530

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

188

If you want a copy of the BIA’s unpublished decision in Castro-Tum, go on over to LexisNexis Immigration Community at this link:

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2018/01/05/a-g-sessions-refers-administrative-closure-question-to-himself-matter-of-castro-tum-27-i-amp-n-dec-187-a-g-2018.aspx?Redirected=true

PWS

01-05-18

INSIDE THE LATEST DACA NEGOTIATIONS WITH TAL @ CNN—PLUS LAUREN FOX ON WHY SOME IN GOP FEAR THE “RUBIO EXAMPLE” ON IMMIGRATION!

http://www.cnn.com/2018/01/05/politics/daca-trump-congress-next-steps/index.html

“By Tal Kopan, CNN

The outline of an immigration deal is starting to take shape in Washington after months of negotiations. Yet even as lawmakers draw close to a resolution, filling in the blanks could prove insurmountable.

Key Republican senators left a White House meeting Thursday optimistic about reaching a deal to make permanent the Deferred Action for Childhood Arrivals program — which protected young undocumented immigrants who came to the US as children from deportation — along with some border security and immigration reforms.

But the meeting was boycotted by one Republican who is actively negotiating with Democrats, Sen. Jeff Flake of Arizona, for not being bipartisan, and even the GOP lawmakers in the room did not all agree on how to hammer out remaining sticking points.

President Donald Trump called for a bipartisan meeting next week to follow, lawmakers said afterward, and Vice President Mike Pence personally called to invite Flake, who accepted.

Democrats, meanwhile, are keeping their options open — doubling down on bipartisan negotiations and declining opportunities to draw red lines around some of the proposals.

The shape of a deal

Republicans who were in the meeting, including Sens. John Cornyn of Texas, Thom Tillis of North Carolina and James Lankford of Oklahoma, all described a similar set of ingredients. A deal should include a resolution for DACA — which currently would be a path to citizenship for qualifying young undocumented immigrants, negotiators say — along with beefed up border security that would include physical barriers, some limits to family-based visa categories and the end of the diversity visa lottery.

But there was disagreement over what all that consists of specifically.

South Carolina Sen. Lindsey Graham, who was at the White House meeting, and Flake — who have been negotiating intensely with Democratic Whip Dick Durbin of Illinois and Colorado Sens. Michael Bennet, a Democrat, and Cory Gardner, a Republican — both said Thursday that the “chain migration,” or family-based migration, piece would be limited.

“We’re not going to fix it all,” Graham told radio host Hugh Hewitt on Thursday. “But the first round, there will be a down payment on breaking chain migration.”

Flake told reporters that the negotiations were settling on limiting the issue of “chain migration” to the DACA-eligible immigrants protected in the eventual deal.

But Lankford flatly rejected that approach.

“No,” he said when asked about Graham’s characterization of talks. “This has to be broader than that, because if you’re going to deal with chain migration, you deal with chain migration. … I can’t count on the fact that we’re going to do another (bill) in six months to resolve the rest of it.”

Lawmakers are discussing ending the diversity visa lottery but not erasing the 50,000 visas for legal permanent residency distributed through it annually. Graham said the deal would “use them more rationally” and Flake said it would be part of a trade for resolving a type of immigration protection for nationals of countries who suffer major disasters, which the Trump administration has moved to curtail.

And the border security piece still remained elusive, even as Trump continues to demand his wall. Lankford and Tillis made efforts to tell reporters that the “wall” piece does not mean a solid structure all the way across the entire southern border.

“That’s not what he means. That’s not what he’s tried to say — I think that’s what people are portraying it as,” Lankford said. But neither could describe what Republicans actually want out of a border deal, and they said they were still waiting for the White House to provide clarity on what it could and could not live with.

“What we did today that I thought was truly (a) breakthrough … we saw the President assume leadership on this issue beyond what he already has in terms of the message to the American people,” Tillis said. “Now it’s about the mechanics.”

Lankford said he anticipated something on “paper” from the White House by Tuesday, though lawmakers have been asking for such guidance for weeks.

Democrats hedge

Democrats, for their part, wave off Republican accusations that they are not being serious on a border security compromise as noise, pressing on in the Durbin-hosted negotiations.

“Anybody who thinks that isn’t paying attention or has their own agenda,” said a Democratic Senate aide.

Senate Minority Leader Chuck Schumer at a news conference Thursday dodged an opportunity to attack Republicans’ demands on “chain migration” and the visa lottery.

“I’m not going to negotiate in front of everyone here,” the New York Democrat said. “We’ve always said we need strong and real border security, not things that sound good but don’t do the job. And we need to help the (DACA recipients). That’s what we believe, and we will sit down with our Republican colleagues and try to negotiate.”

As a January 19 government funding deadline rapidly approaches, Democrats are still insisting a DACA deal must be had but are also continuing to hope negotiations bear fruit, alarming some progressives.

“It’s concerning that Schumer and Pelosi are not positioning and framing on this,” tweeted Center for American Progress’ Topher Spiro, speaking of House Minority Leader Nancy Pelosi, a California Democrat. “They’re not setting themselves up to win public opinion and the blame game.”

In December, when Democrats helped Republicans punt the issue to January, a Senate Democratic leadership aide noted that it made no sense to force the issue when negotiations were still productive.

“I can’t imagine Sen. Schumer or Ms. Pelosi wanting to shut down the government over this issue when there is a bipartisan commitment to work on it in good faith,” Cornyn said Thursday, reiterating that Senate Majority Leader Mitch McConnell had promised Flake he would call a bill for a vote by the end of January if a compromise were reached.

Until then, 60 is the magic number — the number of votes required in the 51-49-split Senate to advance legislation.

“We got to get to 60, we’ve got to be reasonable and we’ve got to get it done,” Tillis said Wednesday.”

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Meanwhile, Tal’s CNN colleague Lauren Fox tells us why some (but not all) in the GOP are “gun-shy” of involvement in immigration legislation.

http://www.cnn.com/2018/01/05/politics/republicans-immigration-daca-fight-2013/index.html

“(CNN)A group of Republican senators is working alongside Democrats to try to protect hundreds of thousands of young immigrants from being deported in upcoming months, but the harsh lessons of a failed immigration reform push in 2013 loom large for a party barreling toward a midterm election.

For the last several months, familiar players in the immigration debate — South Carolina’s Sen. Lindsey Graham and Arizona’s Sen. Jeff Flake — have re-emerged, committed to finding a narrower legislative solution for the Deferred Action for Childhood Arrivals policy, a program that shielded young immigrants who came to the US illegally as children from deportation. But new faces have also joined in. Sen. James Lankford, a Republican from Oklahoma, a state with a relatively small immigrant population, is involved, as is Sen. Cory Gardner of Colorado, the leader of the Senate’s campaign arm, and Sen. Thom Tillis of North Carolina, who worked as speaker of the House back in his state to pass immigration bills.
But in a climate where President Donald Trump swept the 2016 Republican primary with promises to build a wall at the southern border and applause lines to deport “bad hombres,” the politics for GOP senators involved in the negotiations are precarious. Still hanging in the backs of many members’ minds is the stark reality of what happened to a rising star in the Republican Party who stuck his neck out to fight to overhaul the country’s immigration system.
Notably absent in this debate is Sen. Marco Rubio of Florida — who spent most of his 2016 presidential campaign trying to answer for the Gang of Eight’s 2013 immigration bill. From debates to campaign ads, it was Rubio who endured the brunt of the right’s consternation.
close dialog

“I frankly think Sen. Rubio would have been better off embracing and not apologizing for what we did. The Gang of Eight bill was a good bill. I think that Republicans can survive more than we think we can survive on immigration,” said Flake, who will retire at the end of his term after facing a serious primary threat. “But on this, on DACA, look at this issue. This is a 70 to 80% issue across the board. People think kids shouldn’t be punished for the actions of their parents.”
One Democratic aide suggested the lesson from 2013 wasn’t to avoid immigration reform. After all, Graham was able to run for re-election successfully in a primary in South Carolina after backing the 2013 bill. Instead, the Democratic aide said, the lesson was “if you are going to get involved in immigration, do it all the way.”
Republicans working now say the politics of immigration reform have changed drastically for the party. Many have compared Trump’s opportunity on immigration to that of former President Richard Nixon’s détente with China, and Republican lawmakers hope that if they can convince the President to endorse a bipartisan immigration bill, it will offer political cover in the midterms from a mobilized base that has long opposed anything that gives immigrants who entered the country illegally a shot at legal status.
“At the end of the day, the base needs to recognize we would do nothing the President doesn’t support and the President has strong support from the base,” Tillis said when asked why he’d ever engage in talks on immigration after watching what happens to Republicans who got involved in the Gang of Eight negotiations in 2013.
On one hand, Republicans argue that Trump gives them the flexibility to pursue protections for immigrants eligible for DACA they never could have touched when President Barack Obama was in office. If the argument during the Obama administration was the base couldn’t trust Obama to enforce immigration laws or secure the border, Republicans believe the base will follow Trump wherever he leads them on immigration.
“We all agree that this president is the first president in my adult life time who really is in a position to to deliver on the promise that every other president has made and failed to produce,” Tillis said.
Even with Trump, however, there is still a liability in jumping headfirst into immigration reform. After the President attended a dinner with House Democratic leader Nancy Pelosi of California and Senate Minority Leader Chuck Schumer, D-New York, in the fall and Democrats suggested Trump had agreed to support the DREAM Act, conservative news site Breitbart declared Trump was “Amnesty Don.”
GOP Rep. Steve King of Iowa, a hard-liner on immigration, blasted Trump on Twitter: “@RealDonaldTrump Unbelievable! Amnesty is a pardon for immigration law breakers coupled with the reward of the objective of their crime.”
Other conservatives suggested the President had violated his promise on the campaign trail.
For now, the bipartisan effort to protect DACA recipients is far narrower than anything the Gang of Eight attempted — and the Republicans who are new to the talks insist on keeping it that way. In exchange for a potential path to citizenship for young immigrants, Republicans would get additional border security that included barriers, more personnel and technology. And anything agreed to, again, would have to have the blessing of the White House.
“I think it will be hard for Breitbart to attack Republicans who support Donald Trump’s immigration plan,” said GOP consultant and former Rubio spokesman Alex Conant.
Some also argue that DACA recipients themselves are easier to defend on the campaign trail, no matter how conservative your district is.
“I think it’s much harder to arouse hostility against the DREAMers,” former House Speaker Newt Gingrich told CNN. “But I also think the President is making real progress in controlling the border and dealing with illegals and going after MS-13.”
Rep. Mario Diaz-Balart, a Florida Republican who has worked for years on immigration reform in the House and has seen the politics evolve, said he’s been “encouraged” by how many Republicans still want to be involved despite the risks.
“The safe thing to do is just stay away from the issue, but I have been very encouraged by the number of Republicans who want to get involved,” Diaz-Balart said.

***********************************

No deal yet, and not clear there will be.

At some point, the GOP is going to have to start governing in the overall public interest, not just the interests of the 20-30% of  voters who make up the dreaded “Trump Base.” Yeah, I understand that without the support of the “Trump Base” the GOP might revert to its proper place as a minority party.  But, eventually, even the “Base,” plus gerrymandering, plus voter suppression won’t be able to save the GOP. Leaving the retrogressive policies of “the Base” behind would make the GOP more competitive with the rest of the electorate. It would also make America better and stronger, both domestically and internationally. And, assuredly, the “Trump Base” represents a “dying breed” in American politics. It’s just a question  of how nasty and for how long its “death throes” will last.

PWS

01-05-17

THE HILL: NOLAN SAYS THIS MIGHT BE THE DREAMERS’ BEST, AND ONLY, DEAL!

http://thehill.com/opinion/immigration/367009-without-a-trump-democrat-trade-the-dream-act-is-just-a-dream

 

Family Pictures

Nolan writes:

“A Proposal.

Trump supports the congressional establishment of a temporary DACA program for current DACA participants in return for funding to complete the border fencing that was mandated by the Secure Fence Act of 2006, which was passed in the Senate by a vote of 80 to 19. The yeas included current Senate party leaders Mitch McConnell (R-Ky.) and Schumer and former Senators Barack Obama (D-Ill.) and Hillary Clinton (D-N.Y.).

DHS only completed 653 miles of the 700-mile mandate, which leaves 47 miles for Trump. This would give him a chance to show that he can erect a “beautiful wall” for a reasonable price — the question is if Democrats will accept that cost.”

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Go on over to The Hill to read Nolan’s complete article, which contains much more information on the Dream Act proposal.

I’ve said for some time now that I think 47 miles of additional border wall/fencing for a path to permanent status for the current “Dreamers” would be a good trade off for both parties.

PWS

01-04-18

SO-CALLED “SANCTUARY CITY” NEW YORK SEES AMAZING DROP IN CRIME! — Maybe Gonzo Should Stop Lobbing Anti-Immigrant Grenades & Study What Actually Works!

https://www.nytimes.com/2017/12/27/nyregion/new-york-city-crime-2017.html?_r=0

Ashley Southall reports for the NYT:

“It would have seemed unbelievable in 1990, when there were 2,245 killings in New York City, but as of Wednesday there have been just 286 in the city this year — the lowest since reliable records have been kept.

In fact, crime has fallen in New York City in each of the major felony categories — murder and manslaughter, rape, assault, robbery, burglary, grand larceny, and car thefts — to a total of 94,806 as of Sunday, well below the previous record low of 101,716 set last year.

If the trend holds just a few more days, this year’s homicide total will be under the city’s previous low of 333 in 2014, and crime will have declined for 27 straight years, to levels that police officials have said are the lowest since the 1950s. The numbers, when taken together, portray a city of 8.5 million people growing safer even as the police, under Mayor Bill de Blasio, use less deadly force, make fewer arrests and scale back controversial practices like stopping and frisking thousands of people on the streets.

“There is no denying that the arc is truly exceptional in the unbroken streak of declining crime,” said William J. Bratton, who retired from his second stint as police commissioner last year.

But officials see one area of concern: an uptick in reports of rapes toward the end of the year. The increase, which officials said included a higher-than-normal number of attacks that occurred more than one year ago, coincided with the publication of accusations against powerful men like Harvey Weinstein, which gave rise to the #MeToo movementencouraging victims to come forward. City police officials have said they believed news coverage played a role in the spike in reports, though they also credited their own efforts combating domestic violence with encouraging victims to speak up.

And while rapes were down from last year by one, to 1,417, misdemeanor sex crimes — a catchall for various types of misconduct that includes groping — ticked up 9.3 percent to 3,585 so far.

The lower homicide numbers are still preliminary — and include one announced on Wednesday night — but they jibe with large drops in killings in major cities like Chicago and Detroit, while contrasting with sizable increases in killings in smaller cities like Charlotte and Baltimore.

The city today is a far cry from what it was when Mr. Bratton arrived in 1990 to become the head of the then-separate Transit Police. Not only were there 2,245 killings that year, but there were more than 527,000 major felony crimes and more than 5,000 people shot. Shootings have plunged to 774 so far this year, well below last year’s record low of 998. And for the first time, fewer than 1,000 people have been hurt by gunfire: 917 as of Sunday.

The continued declines are a boon to Mr. de Blasio, a Democrat elected on promises of police reform — promises that prompted warnings of mayhem to come by his opponents in 2013. But the opposite has happened, putting him on stronger footing as he pivots to a second term with a Police Department transformed to exercise greater restraint as it focuses on building trust in the city’s neighborhoods.

Franklin E. Zimring, a professor at University of California, Berkeley, School of Law, said the downturn was an “astounding achievement,” but it raised another question: How long and low will crime fall?

“We don’t know when we’ve exhausted the possibilities of urban crime decline, and we won’t know unless and until New York scrapes bottom,” said Mr. Zimring, who analyzed the first 20 years of New York’s historic crime reduction and expounded on it in a book.

Mr. de Blasio and the police commissioner, James P. O’Neill, credit recent drops in crime to the Police Department’s emphasis on going after the relatively small groups of people — mostly gangs and repeat offenders — believed to be responsible for most crime, while also building relationships in communities where trust has been strained.

Mr. Bratton applauded political support for the police from the mayor, who provided funding for investments in officer hiring, training, equipment and overdose-reversal drugs.

One of the results is that police officers are using deadly force less often. As of Dec. 20, police officers intentionally fired their service guns in 23 encounters, a record low, down from 37 in 2016. The Police Department said officers were relying more on stun guns, which were used 491 times through November, compared with 474 times during the same period in 2016. More than 15,000 officers have been trained how to use them.

But criminologists differ about the cause of the continued declines. Mr. Zimring said that while better policing accounted for much of the decline in crime since 1990, it was no longer a primary driver. New York is “tiptoeing” toward a 90 percent crime decline for reasons that remain “utterly mysterious,” he said.

More broadly, research suggests that crime trends are closely tied to economic conditions. Interest rates, inflation and unemployment are among the macro-level factors influencing crime, according to James Austin, the president of the JFA Institute, a criminal justice policy nonprofit.

“What the Fed does will have more of an impact than any sentencing or police reforms,” Mr. Austin said.

The reductions in New York are a part of what the Brennan Center for Justice expects will be a 2.7-percent decline in crime rates and 5.6-percent drop in murder rates across the country’s largest cities. After record-high bloodshed last year, killings in Chicago have declined 15 percent.

Through August, rape was down in New York City 7 percent compared with last year, but a small increase in September was followed by spikes in October and November. The New York Times first published accusations against Mr. Weinstein on Oct. 5.

Reports of rapes that had occurred in a previous year, meanwhile, were up almost 12 percent through November. In response, the Police Department is adding investigators to its Special Victims Unit and hasmodernized the techniques detectives use to investigate claims.

“We can’t answer definitively” what is driving the rise, Commissioner O’Neill told reporters at a crime briefing this month. “At least I can’t. But we’re seeing people coming forward and having faith in the N.Y.P.D. And that’s what we want to happen.”

Whatever the reason for New York’s crime reductions, the statistics do not capture the complete picture of public safety. Some crimes are not represented fully or at all: acts of domestic violence, sexual assaults, identity thefts, hate crimes, and shootings that don’t result in injuries or damage.

In some cases, the data annotates horrible crimes: an ISIS-inspired truck rampage on a Manhattan bike lane on Halloween that left eight people dead; the ambush killing of a police officer, Miosotis Familia, 48, who was shot in the head on July 4 while sitting in her R.V.-style command post in the Bronx; the death of Timothy Caughman, 66, a black man, at the hands of a sword-wielding white supremacist on March 20.

Increasingly, officers are receiving calls to help people in emotional crises. The police responded to 157,000 such calls in 2016. But only 7,000 officers have received crisis intervention training for handling those situations.

While most police encounters are resolved without officers resorting to deadly force, fatal police shootings of people in emotional distress — including Dwayne Jeune on July 31 in Brooklyn and Miguel Richards on Sept. 6 in the Bronx — have drawn scrutiny. A police sergeant, Hugh Barry, was indicted on murder charges in May for the fatal on-duty shooting of a mentally ill woman, Deborah Danner, in October 2016. His trial is scheduled to begin in January.”

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AG Jeff “Gonzo Apocalypto” Sessions’s White Nationalist inspired anti-immigrant, anti-Sanctuary Cities, “turn a blind eye to police brutality” campaign actually impedes the type of community-trust based policing that appears to work in reducing crime. As I have noted before, Gonzo’s policies show little respect for the Constitution, the rule of law, or state and local rights, but lots of anti-immigrant bias.

PWS

01-01-18