ALWAYS A PRETTY SAFE BET: “Jeff Sessions is wrong,” Says Sen. Lindsey Graham (R-SC) — (Actually, Sessions Lied And Smeared Some All-American Young People In The Process, But Why Split Hairs?)

http://www.politico.com/story/2017/09/06/daca-dreamers-reaction-lindsey-graham-242370?cid=apn

Louis Nelson reports in Politico:

“Attorney General Jeff Sessions’ assertion Tuesday that so-called Dreamers have taken jobs away from American citizens is “wrong,” Sen. Lindsey Graham declared Wednesday morning, pushing back against his former Senate colleague and calling for compassion from Congress.

“Jeff Sessions is wrong. These kids are not taking jobs from American citizens, they’re part of our country,” Graham (R-S.C.) told NBC’s “Today” show, rebutting Sessions’ assertion from the previous day. “They’re fully employed for the most part, they’re in school, they will add great value. The president is right to want to have a heart for these kids.”

 

The attorney general’s comment about Dreamers, undocumented immigrants who were brought to the U.S. as children, came during his announcement that the Trump administration will rescind DACA, a program that offers work permits to Dreamers and protects them from deportation. Sessions, known as a hawk on immigration issues during his Senate tenure, blamed the program for hurting American job-seekers and for creating a “humanitarian crisis” on the U.S.-Mexico border.”

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Read the complete article at the link.

Sessions lacks credibility even with his own former colleagues from his own party.

PWS

09-06-17

COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!

Three articles from today show the “clear and present danger” to American democracy, our national security, and our fundamental values stemming from Jeff “Gonzo Apocalypto” Sessions and his radical right — some would say fascist is more accurate — cabal.

While Trump increasingly appears to be a looney incompetent functioning primarily in the early morning “tweetosphere,” Sessions & Co. know a thing or two about how to take over and sabotage government of the people, by the people, and for the people. (Ironically, the “Party of Lincoln” has morphed into  the “anti-Lincoln,” opposed to equality, generosity, democracy, and inclusion.)

First, Dana Milbank in the Washington Post describes “Gonzo the Clown’s” ludicrous attempts to use and abuse criminal law to suppress free public expression of opinions:

“Did you hear the one about Jeff Sessions?

I’d like to tell you, but I can’t. You see, it’s illegal to laugh at the attorney general, the man who on Tuesday morning announced that the 800,000 “dreamers” — immigrants brought here illegally as children — could soon be deported. If you were to find my Sessions jest funny, I would be an accessory to mirth.

This is no joke, because liberal activist Desiree Fairooz is now being put on trial a second time by the Justice Department — Jeff Sessions’s Justice Department — because she laughed at Sessions during his confirmation hearing. Specifically, she laughed at a line about Sessions “treating all Americans equally under the law” (which is, objectively, kind of funny).”

Yeah, I guess what Sessions, a well-established liar, probably a perjurer, really meant was “all Americans except Blacks, Hispanics, Asian Americans, immigrants, migrants, Dreamers, gays, lesbians, transgendered, bisexual, criminal defendants, Democrats, non-Christians, protestors, non-GOP women, and the poor.” Read the rest of Dana’s article here:

https://www.washingtonpost.com/opinions/apparently-its-illegal-to-laugh-at-jeff-sessions/2017/09/05/86b6e48a-9278-11e7-aace-04b862b2b3f3_story.html?hpid=hp_no-name_opinion-card-b%3Ahomepage%2Fstory&utm_term=.c6b057add449

But, the following list of hostile actions that Sessions has already taken at Justice, compiled by CNN’s Gregory Krieg, are no laughing matter:

“*Directed federal prosecutors to pursue the stiffest possible charge in every single criminal case — potentially triggering draconian mandatory minimum sentences the Obama administration tried to avoid on fairness grounds for non-violent offenders.

*Withdrawn an Obama administration directive offering protections for transgender students who wanted to use bathrooms corresponding to their gender identity.

*Reversed an Obama DOJ order that the federal Bureau of Prisons back off new deals with private facilities. “I direct the Bureau to return to its previous approach,” Sessions said in a memo citing concerns that the “future needs of the federal correctional system” would be “impaired.”

*Launched a broad-based effort to reduce federal oversight of local police departments, like those put under increased scrutiny following investigations into alleged abuses. The deputy attorney general and associate attorney general were ordered to review lots of things, including all “contemplated consent decrees.”

*In a move criticized by voting rights advocates, asked state election officials in June to lay out their processes for purging voter rolls of individuals who have become ineligible due to, among other reasons, “death or change of residence.”

*Put in place a policy that could pave the way for an increase in a certain kind of civil asset forfeiture, a controversial practice — in this case a joint federal, state and local version that some departments were accused of using to get around state law — that allows police to seize money or property from suspects who haven’t been convicted of a crime. (The DOJ says it has put new safeguards in place to prevent abuse.)

And more.
Consider Trump’s plan to end DACA. When it came down to it, the President steered clear of the spotlight and let Sessions be the public face of a decision officials from both parties have described as unfair or even cruel.
It’s not the first time Trump has been happy enough — or detached enough, depending on your assessment of the his mindset on these issues — to defer to Sessions or, in cases where executive action is required, follow his lead. Where Trump is primarily focused on how he’s covered in the press and how his actions play with “the base,” officials like Sessions and EPA Administrator Scott Pruitt have shown themselves to be laser-focused on very specific policy points.

. . . .

By his side? None other than a once anonymous aide turned top Trump White House official: Stephen Miller.”

Read Gregory’s complete article here:

http://www.cnn.com/2017/09/06/politics/jeff-sessions-donald-trump-daca-policy/index.html

And, in the Washington Post,  Sarah Posner puts it all in scary context by describing the Bannon-led White Nationalist’s larger program to turn America into a White Theo-Fascist State:

“Now that he is out of the White House, Bannon’s ambitions, if anything, appear to seek an even more enduring footprint on Republican politics. His grand plan is to remake American conservatism, by shifting it away from its long-standing “three-legged stool” coalition of tax-cutters, defense hawks and the religious right. His strategy is to peel away Christian conservatives from that coalition, and to build a new coalition with anti-immigrant, anti-Muslim, far-right nationalists, in order to make the Trump revolution permanent, even after Trump has left the White House.
Consider the headline on a prominently placed “exclusive” published on the site late last night, which heaps the most coveted of Breitbartian praise on Moore: “Judge Roy Moore Embodies Jeff Sessions.” In an interview with Breitbart, Moore says he shares Sessions’s views on immigration and trade, and that he, too, is a “very strict constructionist of the Constitution.” He says he favors impeaching federal judges, even Supreme Court justices, and singles out Obergefell v. Hodges , the landmark 2015 case legalizing same-sex marriage, as warranting impeachment.
Bannon hinted at some of his designs in an interview with me last year. He said that, without the religious right, his base alone lacks the numbers to “to ever compete against the progressive left.”
In Moore, Bannon has found an unabashed proponent of “biblical law.” Bannon doesn’t appear to care much about “biblical law,” but Moore’s overheated depiction of the overreach of the federal government dovetails with the Bannon goal of “the deconstruction of the administrative state.”
Indeed, the Breitbart-Moore alliance is the most vivid example to date of the anti-government, white-nationalist Breitbart forces teaming up with a candidate with shared views on issues such as immigration and the role of the federal government, but which are driven by outwardly theocratic aspirations. Bannon is not seen as an overtly religious figure, but he has actively sought the religious right’s imprimatur for purely political purposes.
As Politico reports, Bannon himself is now using Breitbart to help “orchestrate the push” for Moore’s candidacy in high-level meetings with influential conservative groups.
There is a good deal of overlap between Bannon’s depiction of Trumpism as a revolt against global elites and Moore’s own rhetoric. Moore has long railed at elitists and “tyrannical” government overreach, albeit from a theocratic point of view. He first became a national hero to the religious right over a decade ago, after he was stripped of his post as chief justice of the Alabama Supreme Court for defying a federal court order to remove a 2.6-ton Ten Commandments monument from the state courthouse, because it violated the separation of church and state.
Undeterred, Moore ran unsuccessfully for governor and then again for his state’s top judicial post, regaining his seat in 2012. After a federal court struck down the state’s ban on same-sex marriage in early 2015, Moore pointedly told Alabama’s governor that complying with the federal court order could violate God’s law.
Although Breitbart hardly teems with religious language, Moore shares its conspiratorially dark vision of America, and particularly America’s perceived enemies. When I saw him speak in 2011, when Barack Obama was still president, Moore maintained: “Our government is infiltrated with communists, we’ve got Muslims coming in and taking over where we should be having the say about our principles.” On immigration, he said the government was failing “to protect against invasions” and was “letting anybody come in!”
Ultimately, the Breitbart-Moore alliance offers a hint at where the Trump base is headed. If Bannon has his way, it will evolve into a kind of coalition of anti-immigrant, anti-Muslim white nationalists seeking to disrupt the GOP from within by joining forces with the Christian right, long an essential component of the GOP base. Whether or not Moore wins, if Bannon can keep pushing the Trumpist base in that direction by continuing to solidify that coalition, we can only guess at the consequences that will have for the GOP over the long term.”

Consequences for the GOP, Sarah? What about the consequences for the world and humanity of turning America into a White Fascist State incorporating the worst parts of Christian mythology, while leaving the kind, merciful, inclusive, and forgiving message of Jesus Christ in the dust?

In the first place, fortunately, only a minority of Americans share the Bannon-Sessions White Nationalist dream. So, making it come to fruition has to involve suppressing and overcoming by unlawful or unconstitutional means the will and rights of those of us in the majority.

That’s an old Bolshevik trick. And, indeed, Bannon is a self-proclaimed “Leninist revolutionary” — Sessions is his Trotsky. (Can’t really picture Stephen Miller as Stalin —  but his ability to concoct lies at a moment’s notice and his cold lack of humanity or any discernible decency or human values, along with his disdain for representative government and love of the dictatorial model certainly fits “Papa Joe” to a tee. You could definitely imagine Miller as leader of a Trump “personality cult” in a fascist regime.)

Read Sarah’s complete article here:

https://www.washingtonpost.com/blogs/plum-line/wp/2017/09/05/steve-bannons-grand-disruptive-designs-are-only-getting-started/?utm_term=.80ddcfa9f294

But, that’s not all folks! Intentionally cruel, racist, and gonzo as Sessions’s grand plan of “ethnic cleansing” of Dreamers might be, it would actually cost the US economy an astounding  $215 billion, and that’s a conservative estimate that doesn’t even factor in the billions that would be wasted by DHS and EOIR in arresting and deporting America’s future stars (basically, because they aren’t White. As I’ve said before, no sane person thinks we’d be having this orchestrated “immigration debate” if the migrant population were predominantly white, English as a first language, Christians)!

According to Vanessa Wang in Buzzfeed:

“Reversing the Deferred Action for Childhood Arrivals program could cost the economy $215 billion in lost GDP and cost the federal government $60 billion in lost revenue over ten years, according to the libertarian think tank the Cato Institute.
Ike Brannon, a visiting fellow at Cato, wrote in a recent blog post: “It is important to note that these estimates are conservative, as DACA recipients will likely end up being more productive than their current salaries indicate, as they complete their degrees and gain experience in the workplace. Nor does this analysis factor in the enforcement cost of physically deporting recipients should the program be eliminated, which we believe would be significant.”
California, New York and Florida would bear the greatest costs, according to the Cato Institute’s analysis.
The New American Economy — a coalition of business leaders and mayors “who support immigration reforms that will help create jobs for Americans today” — estimated that the DACA-eligible population earns almost $19.9 billion in total income annually, contributes more than $1.4 billion to federal taxes, more than $1.6 billion to state and local taxes and represent almost $16.8 billion in spending power.
“Despite the rhetoric claiming undocumented youths are a drain on the U.S. economy, 90% of the DACA-eligible population who are at least 16 years old are employed” and contribute meaningfully to the economy, the coalition wrote in a brief.
“Ending DACA will disrupt hundreds of thousands of promising careers and cost the US economy dearly,” said John Feinblatt, President of New American Economy in a statement on Tuesday.
On Tuesday, the Department of Homeland Security said it would shut down DACA in six months, potentially giving Congress some time for a legislative solution. House Speaker Paul Ryan has said there are DREAMers “who know no other country, who were brought here by their parents and don’t know another home. And so I really do believe there that there needs to be a legislative solution.”
“Now it’s imperative for Congress to do what’s right and economically smart – protect the young achievers who know no home but America,” said Feinblatt.”

That’s right folks! The Bannon-Sessions White Nationalists would be willing to damage our economy to the the tune of probably a quarter of a trillion dollars for the sheer joy of ruining human lives and entrenching their White Power structure. In most other contexts, there would be a name for such conduct: “domestic terrorism!”

Here’s a link to Vanessa’s article:

https://www.buzzfeed.com/venessawong/scrapping-daca-could-cost-the-economy-as-much-as-215-billion?utm_term=.xdw9nKYOa#.liAZ2w8Y5

Finally, a number folks have noted that DACA is a DHS/USCIS program. So, why was the Attorney General, who pointedly was stripped of his immigration deportation functions and responsibilities by the Act creating DHS, out there acting like he is the deporter-in-chief and administrator of the DHS (which, by statute, he no longer is.)

 

Well, not suprisingly, I’m not in the Trump Administration’s “inner circle.” So, who knows for sure.

But, to me two things were evident. First, Donald Trump is a coward who didn’t have the guts to be the front man for his own inhumane policy — particularly since Sessions contradicted Trump’s public assurances that he “loved Dreamers,” understood their plight, and that they had “nothing to fear” from him and his Administration because he was going to come up with a”great solution” to their situation.

Second, Sessions has never accepted his secondary statutory and Constitutional role in immigration enforcement. With the weak Gen. Kelly in charge of DHS, Sessions simply pretended like the AG was back at the helm of immigration enforcement. After all, Sessions has spent a lifetime attempting to turn back the clock. This is just the first time that he has gotten away with it without any real opposition.

Kelly was a “bobblehead,” meekly agreeing with Sessions’s most outrageous, unlawful, and inhumane statements. He even lent his name to an infamous Sessions-Miller contrived “letter” asking the President for Travel Ban 2.0 and citing facially bogus statistics and disingenuous arguments attempting to tie individuals from Muslim countries to unrelated terrorist threats. In other words, on immigration enforcement, Kelly’s “substance” was about 1/16″ deep, and I’m being generous.

Obviously, killing the Dreamers’ future while heaping scorn on them was Session’s version of “Super Bowl Sunday:” a chance to publicly reclaim the role of deporter-in-chief, while inflicting gratuitous harm on a gallant but vulnerable (largely non-White) group of young people, and tossing in some gratuitous racist insults and nativist lies in the process. For a guy who has spent a lifetime heretofore unsuccessfully trying to “get back to Jim Crow” (where not coincentally, bogus “rule of law” arguments and “state’s rights” were used by Sessions’s Alabama antecedents to deny Black Americans not only their constitutional rights but in many cases their very lives in the process) this had to be “hog heaven.” Let’s not forget that Sessions has endorsed the blatantly racist and anti-semitic “Immigration Act of 1924” as a model for White Nationalist restrictionist policies. See, e.g.http://www.slate.com/blogs/the_slatest/2017/09/05/jeff_sessions_praise_of_1924_eugenics_immigration_law_remains_insane.html

I’m sure Gonzo pines for the “good old days” of the Chinese Exclusion Laws when America knew how to use the “rule of law”  and just how to treat the folks who built the trans-continental railroad, most of California, lots of New York, and points in between. Declare them to be an “inferior race” — a threat to our cultural integrity —  and throw them out before they can displace the White Americans who exploited their ingenuity and hard labor.

Also, make no mistake about it, if Sessions were able to carry out his gonzo plans to deport Dreamers to foreign lands that most of them have hardly lived in, some will actually die in the process. But, hey, the lives of non-Whites are just “collateral damage” in the Bannon-Sessions world vision.

Sessions is part of our nation’s racist, White Supremacist past that we will need to get beyond to continue to prosper as a country and to lead the free world. The Dreamers can help us do that! The only question for the rest of us is what legal channels are available to move Sessions and his cohorts out of the way so that the Dreamers, along with other immigrants and minorities, can help lead us to a brighter future as a proudly diverse, humane, and powerful nation.

Liz Warren was right! America is better than Jeff Sessions! It’s time we showed it!  

PWS

09-05-17

 

 

NYT EDITORIAL ON DACA: Trump Is A Coward & Sessions Is A Liar

“President Trump didn’t even have the guts to do the job himself. Instead, he hid in the shadows and sent his attorney general, Jeff Sessions, to do the dirty work of telling the country that the administration would no longer shield from deportation 800,000 young undocumented immigrants brought to this country as children.

Mr. Sessions, a longtime anti-immigrant hard-liner, was more than up to the task. In a short, disingenuous speech, he said a program set up by President Barack Obama in 2012 — known as DACA, for Deferred Action for Childhood Arrivals — was a lawless policy that “yielded terrible humanitarian consequences” and denied jobs to hundreds of thousands of American citizens. (Mr. Trump echoed these claims in a statement released by the White House.) Mr. Sessions called DACA “an unconstitutional exercise of authority” and said “failure to enforce the laws in the past has put our nation at risk of crime, violence and terrorism.”

False, false, false and false.

DACA recipients are not threats to public safety or national security; to the contrary, they must have a nearly spotless record to be eligible in the first place. They do not receive legal status in this country, only a two-year, renewable deferral of deportation along with a work permit and eligibility for other government benefits down the road. And they are not taking jobs from native-born Americans, whose declining levels of employment can be chalked up to other factors.

As for the policy’s legality, there’s no question that the president has the authority to set immigration-enforcement priorities. Presidents of both parties have done that for decades, and President Obama did it by focusing on people with criminal records and not on those brought to this country as children. For most of this latter group, the United States is the only home they’ve ever known. About 9 in 10 are working taxpayers, and deporting them could reduce the gross domestic product by over $400 billion over the next decade.

In short, DACA is morally right, legally sound and fiscally smart policy. It was also the only humane choice Mr. Obama had in the face of Congress’s failure to pass any meaningful immigration reform in the last two decades.

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If all that weren’t enough, DACA remains overwhelmingly popular among Americans of all political stripes. Polls put its approval rating at roughly double that of President Trump himself. Even the Chamber of Commerce, usually a reliable backer of the Republican legislative agenda, called the decision to end DACA “contrary to fundamental American principles.”

The only bad thing that could be said about DACA is that, because it was a presidential memorandum, it was always vulnerable to being undone by a shortsighted administration playing to its base.

Now that that has happened, 800,000 people — all of whom gave their personal information and immigration status to the government, believing it would not be used against them — face the prospect of being shipped back to a country they may have no connection to or even remember.

This wouldn’t be a concern if Congress had done its job and passed the Dream Act, which would provide a pathway to citizenship for people brought to this country as children, and which has kicked around Capitol Hill for 16 years. Even though it has been stymied mainly by Republican opposition at every turn, it’s still theoretically on the table. But there’s little sign the dwindling Republican moderates in Congress have the stomach to confront their party’s nativist core. Mr. Trump called on Congress to act, but didn’t have the courage to tell it what he wanted it to do.

Contrast that with President Obama’s willingness to defend a policy that has always had detractors. “Ultimately, this is about basic decency,” Mr. Obama wrote on Facebook on Tuesday. “This is about whether we are a people who kick hopeful young strivers out of America, or whether we treat them the way we’d want our own kids to be treated.”

Mr. Trump has no good rejoinder. That’s partly because there isn’t one and partly because, as is so often the case, he doesn’t fully understand the scope of what he’s done. One would hope that the widespread outrage at Tuesday’s announcement, and the impending suffering of hundreds of thousands of people who’ve done nothing but try to become contributing members of society, might impress it upon him.”

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Amen!

 

PWS

09-05-17

KOPAN & ACOSTA ON CNN: Administration Memo Advises America’s Dreamers To Prepare To Leave!

http://www.cnn.com/2017/09/05/politics/white-house-memo-daca-recipients-leave/index.html

“Washington (CNN)White House talking points on Tuesday urged DACA recipients to prepare for a “departure from the United States,” a much starker possible future than Trump administration officials used in public when announcing an end to the program.

The statement was contained in a background document that was sent by the White House to offices on Capitol Hill, obtained by CNN from multiple sources.
In the “DACA talking points” memo, the White House laid out a number of bullet points for supporters on Tuesday’s announcement outlining the administration’s action. One bullet point suggests DACA participants should prepare to leave the country.
“The Department of Homeland Security urges DACA recipients to use the time remaining on their work authorizations to prepare for and arrange their departure from the United States — including proactively seeking travel documentation — or to apply for other immigration benefits for which they may be eligible,” the memo says.
Neither the White House or Department of Homeland Security disputed the contents of the document to CNN.”

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Read the rest of the article, summarizing the Administration’s lies and bureaucratic doublespeak, at the link.

For this Administration, known for its dishonesty, lack of truthfulness, and contempt for our Constitution and laws (they don’t seem applicable to Trump, his family, or his racist criminal cronies like “Sheriff Joe”) to invoke the “rule of law” against Dreamers is truly revolting.

PWS

09-05-17

BUZZFEED NEWS: Gonzo’s Bogus Attempt To Link Dreamers With Terrorism & His Racial Slurs Directed Against Some Of America’s Finest Young People Continue To Draw Fire!

https://www.buzzfeed.com/dominicholden/jeff-sessions-terrorism-in-daca-speech?utm_term=.wwqMWLRLKn#.wwqMWLRLKn

Dominic Holden reports:

“When US Attorney General Jeff Sessions announced the end of the Deferred Action for Childhood Arrivals program on Tuesday, he didn’t merely argue that former President Obama’s immigration policy was legally flawed.

Sessions, among a menu of reasons, claimed failing to crack down on undocumented immigrants increases the risk of crime and terrorism.

Critics quickly scorched Sessions for linking undocumented immigrants with bomb-plotting terrorists in the same speech, saying that data don’t support his claim, and that Sessions’ reasoning reveals ill motives behind cancelling a program that protected some young immigrants brought to the US as children from deportation.

“There is nothing compassionate about the failure to enforce immigration laws,” Sessions said from behind a lectern at the Department of Justice. “Enforcing the law saves lives, protects communities and taxpayers, and prevents human suffering. Failure to enforce the laws in the past has put our nation at risk of crime, violence, and even terrorism.”

But Frank Sharry, executive director of immigration reform group America’s Voice, shot back on a press call that Sessions’ comments were “a distortion and a lie that is regularly spewed by talk radio.”

“That was right out of the nativist playbook,” he said.
Twitter users also jumped aboard, saying the claims amounted to a baseless, racist smear of so-called DREAMers who came to the country as kids.”

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Read the rest of the story, including more Sessions whoppers and attempts by DOJ to cover up by citing inapplicable data at the link.

Dreamers are the real great Americans and our future. Sessions is a person who has contributed little, if anything, of lasting value to America over a lenthy career on the public dole. He has consistently worked against immigrants, deepened divisions, and seeks to return us to the Jim Crow era of which he is a product.

Liz was right.

PWS

09-05-17

 

 

VOX NEWS: Four Lies (And A Misleading Statement) About DACA From General Gonzo —

https://www.vox.com/policy-and-politics/2017/9/5/16255436/lies-jeff-sessions-daca

VOX reports:

 

“On Tuesday, Attorney General Jeff Sessions officially announced the Trump administration will rescind the Deferred Action for Childhood Arrivals program, which shields nearly 800,000 young, unauthorized immigrants from deportation. Explaining why the Trump administration is ending the program, Sessions made several dubious claims about DACA, including how it has impacted immigration and the American economy. We fact-checked some of those claims.

DACA recipients are mostly “adult illegal aliens”
“The DACA program was implemented in 2012 and essentially provided a legal status for recipients for a renewable two-year term, worker authorization and other benefits, including participation in the Social Security program, to 800,000 mostly adult illegal aliens.”

The majority of DACA recipients are adults now, but the whole reason they were given DACA status in the first place is because they were brought to the United States as children — on average, arriving at the age of 6. The whole point of DACA and the Development, Relief, and Education for Alien Minors Act (also known as the DREAM Act, which has been introduced several times in Congress but never passed) was that it was a way for immigrant children who were brought to the US by their parents to have a pathway to school and work. DACA was offered to those immigrants precisely because they were young and had the potential to pursue education, get jobs, and become productive members of American society.

When the Obama administration first implemented DACA in 2012, it set a specific age range. In order to apply, immigrants had to arrive in the US before 2007. They needed to have been 15 or younger when they arrived and younger than 31 when DACA was created in June 2012. While DREAMers are often referred to as “kids,” most of them are currently in their 20s, and some are as old as 35. Some now have kids of their own, who are American citizens.

DACA contributed to a “surge of minors” streaming across the border
“The effect of this unilateral executive amnesty, among other things contributed to a surge of minors at the southern border with humanitarian consequences.”

 

While it’s true there has been a surge of unaccompanied minors crossing the border in recent years, there’s a lot of disagreement on whether it has anything to do with DACA. The program was implemented in 2012, while the border surge started a year earlier, in 2011. One study by San Diego State University researchers in 2015 found the surge had much more to do with increasing violence and worsening economic conditions in Central American countries, which were forcing people to flee.

The United Nations High Commissioner for Refugees and San Diego State conducted separate surveys of children crossing the border around this time and found that a very small percentage knew anything about DACA or how it could benefit them. Only one out of 400 refugee children surveyed by the UN had ever heard of it. About 15 children out of the 400 surveyed by San Diego State believed they would be treated differently by US border patrol agents, but they didn’t know the specifics of the DACA program. If children were unable to tell border patrol agents that they would be in danger if they were sent back, they were still vulnerable for deportation.

DACA granted unauthorized immigrants the same benefits as Americans, including Social Security
“… and other benefits, including participation in the Social Security program …”

This statement is true, but it could easily be misinterpreted: No DACA immigrant is yet eligible to draw Social Security benefits.

By saying “other benefits,” Sessions seems to imply that immigrants with DACA protection are getting the same public benefits as ordinary American families. That’s not true. DACA workers are not eligible for Obamacare subsidies, Medicaid, food stamps, or cash assistance. The statement also makes it sound like DACA workers are depleting Social Security funds, when in fact the opposite is happening.

Since the program went into effect in 2012, DACA workers and their employers have contributed billions of dollars to the Social Security system through payroll taxes. That means that ending DACA could cost the federal government $19.9 billion in Social Security revenue over ten years, according to the Immigrant Legal Resource Center. Meanwhile, DACA recipients can’t currently collect Social Security benefits. For one, they have to work (legally) at least 10 years to be eligible for them, and DACA has only been around for five years. Second, all DACA recipients are under 36, so they are nowhere near retirement age. For now, then, DACA workers are giving a needed boost to the Social Security system and helping fund the retirements of millions of Americans.

DREAMers took jobs from “hundreds of thousands of Americans”
“It denied jobs to hundreds of thousands of Americans by allowing those same illegal aliens to take those jobs.”

This is almost certainly false. The economic evidence is very clear that immigration is a huge boon for Americans as a whole. In part that’s because of complementarity: Immigrants don’t take jobs from Americans; they let Americans take higher-skill jobs (ones requiring English language fluency, for instance) and complement their labor. America’s past experience confirms this. When the US ended a guest worker program that let Mexican laborers work on US farms in the early 1960s, wages for US farm workers didn’t rise at all, nor did more Americans get jobs. Companies simply bought more machines to make up for the lost workers.

Ending DACA will be good for immigrants
Ending DACA “will enable our country to more effectively teach new immigrants about our system of government and to assimilate them.”

This assertion has the virtue of being impossible to officially prove wrong. It’s rooted in the theory that anything the government does to regularize unauthorized immigrants, ever, will send a message to all would-be future immigrants (now and forever) that they don’t need to follow the law — so the only way to protect the rule of law is to send the message that the rule of law is respected.

Sessions and other immigration hardliners use the idea of “sending a message” to link the government’s policy at the border to its policies toward unauthorized immigrants who are currently in the US. It’s a clever move politically: the majority of Americans want DACA recipients to stay in the US, but they also want the border secure. If they think that doing the former puts the latter in jeopardy, they’re less likely to push for it.

But this theory isn’t just wrong in the particulars (see Sessions’s earlier claims about the link between DACA and the Central American border crisis of 2014). It’s a total misunderstanding of who, exactly, is in the US and would need to be “assimilated.”

The 11 million unauthorized immigrants currently in the US are, for the most part, a settled population. The average unauthorized immigrant has been in the US for over 10 years; the average DACA recipient has been in the US for 20 (having come at an average age of 6, and being on average 26 years old now).

Ironically, those immigrants settled in the US in large part because the US/Mexico border became more tightly patrolled over the 1990s and 2000s. And because they aren’t able to leave the country and return safely, they are less likely to have gone back to their home countries than legal immigrants are.

The result is that unauthorized immigrants are actually much more settled and rooted in the US than their legal-immigrant counterparts.

Ending DACA doesn’t necessarily change that. Immigrants haven’t yet “self-deported” in any large numbers. But ending DACA does make it harder for the immigrants who are settled here — and their US-born children — to fully integrate. Sessions is using the assimilation of hypothetical future immigrants to deny “assimilation” to the immigrants who are here now.

ress but never passed) was that it was a way for immigrant children who were brought to the US by their parents to have a pathway to school and work. DACA was offered to those immigrants precisely because they were young and had the potential to pursue education, get jobs, and become productive members of American society.

When the Obama administration first implemented DACA in 2012, it set a specific age range. In order to apply, immigrants had to arrive in the US before 2007. They needed to have been 15 or younger when they arrived and younger than 31 when DACA was created in June 2012. While DREAMers are often referred to as “kids,” most of them are currently in their 20s, and some are as old as 35. Some now have kids of their own, who are American citizens.

DACA contributed to a “surge of minors” streaming across the border
“The effect of this unilateral executive amnesty, among other things contributed to a surge of minors at the southern border with humanitarian consequences.”

 

While it’s true there has been a surge of unaccompanied minors crossing the border in recent years, there’s a lot of disagreement on whether it has anything to do with DACA. The program was implemented in 2012, while the border surge started a year earlier, in 2011. One study by San Diego State University researchers in 2015 found the surge had much more to do with increasing violence and worsening economic conditions in Central American countries, which were forcing people to flee.

The United Nations High Commissioner for Refugees and San Diego State conducted separate surveys of children crossing the border around this time and found that a very small percentage knew anything about DACA or how it could benefit them. Only one out of 400 refugee children surveyed by the UN had ever heard of it. About 15 children out of the 400 surveyed by San Diego State believed they would be treated differently by US border patrol agents, but they didn’t know the specifics of the DACA program. If children were unable to tell border patrol agents that they would be in danger if they were sent back, they were still vulnerable for deportation.

DACA granted unauthorized immigrants the same benefits as Americans, including Social Security
“… and other benefits, including participation in the Social Security program …”

This statement is true, but it could easily be misinterpreted: No DACA immigrant is yet eligible to draw Social Security benefits.

By saying “other benefits,” Sessions seems to imply that immigrants with DACA protection are getting the same public benefits as ordinary American families. That’s not true. DACA workers are not eligible for Obamacare subsidies, Medicaid, food stamps, or cash assistance. The statement also makes it sound like DACA workers are depleting Social Security funds, when in fact the opposite is happening.

Since the program went into effect in 2012, DACA workers and their employers have contributed billions of dollars to the Social Security system through payroll taxes. That means that ending DACA could cost the federal government $19.9 billion in Social Security revenue over ten years, according to the Immigrant Legal Resource Center. Meanwhile, DACA recipients can’t currently collect Social Security benefits. For one, they have to work (legally) at least 10 years to be eligible for them, and DACA has only been around for five years. Second, all DACA recipients are under 36, so they are nowhere near retirement age. For now, then, DACA workers are giving a needed boost to the Social Security system and helping fund the retirements of millions of Americans.

DREAMers took jobs from “hundreds of thousands of Americans”
“It denied jobs to hundreds of thousands of Americans by allowing those same illegal aliens to take those jobs.”

This is almost certainly false. The economic evidence is very clear that immigration is a huge boon for Americans as a whole. In part that’s because of complementarity: Immigrants don’t take jobs from Americans; they let Americans take higher-skill jobs (ones requiring English language fluency, for instance) and complement their labor. America’s past experience confirms this. When the US ended a guest worker program that let Mexican laborers work on US farms in the early 1960s, wages for US farm workers didn’t rise at all, nor did more Americans get jobs. Companies simply bought more machines to make up for the lost workers.

Ending DACA will be good for immigrants
Ending DACA “will enable our country to more effectively teach new immigrants about our system of government and to assimilate them.”

This assertion has the virtue of being impossible to officially prove wrong. It’s rooted in the theory that anything the government does to regularize unauthorized immigrants, ever, will send a message to all would-be future immigrants (now and forever) that they don’t need to follow the law — so the only way to protect the rule of law is to send the message that the rule of law is respected.

Sessions and other immigration hardliners use the idea of “sending a message” to link the government’s policy at the border to its policies toward unauthorized immigrants who are currently in the US. It’s a clever move politically: the majority of Americans want DACA recipients to stay in the US, but they also want the border secure. If they think that doing the former puts the latter in jeopardy, they’re less likely to push for it.

But this theory isn’t just wrong in the particulars (see Sessions’s earlier claims about the link between DACA and the Central American border crisis of 2014). It’s a total misunderstanding of who, exactly, is in the US and would need to be “assimilated.”

The 11 million unauthorized immigrants currently in the US are, for the most part, a settled population. The average unauthorized immigrant has been in the US for over 10 years; the average DACA recipient has been in the US for 20 (having come at an average age of 6, and being on average 26 years old now).

Ironically, those immigrants settled in the US in large part because the US/Mexico border became more tightly patrolled over the 1990s and 2000s. And because they aren’t able to leave the country and return safely, they are less likely to have gone back to their home countries than legal immigrants are.

The result is that unauthorized immigrants are actually much more settled and rooted in the US than their legal-immigrant counterparts.

Ending DACA doesn’t necessarily change that. Immigrants haven’t yet “self-deported” in any large numbers. But ending DACA does make it harder for the immigrants who are settled here — and their US-born children — to fully integrate. Sessions is using the assimilation of hypothetical future immigrants to deny “assimilation” to the immigrants who are here now.”

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

America’s leading xenophobe racist continues to roll out the false White Nationalist narrative.

PWS

09-05-17

OUR BETTER ANGELS: The Gibson Report For 09-05-17 & “A Message For Dreamers”

“We are here for you.

We are inspired by you.

We know you belong here.

We share your dream.

We will fight alongside you.”

—- From The Gibson Report

The Gibson Report 09-05-17

Here are this week’s headlines:

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

 

Effective immediately, the Department:

  • Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of the date of this memorandum.
  • Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.
  • Will adjudicate—on an individual, case by case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted by the Department as of the date of this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018 that have been accepted by the Department as of October 5, 2017.
  • Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.
  • Will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in this memorandum for the remaining duration of their validity periods.
  • Will not approve any new Form I-131 applications for advance parole under standards associated with the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole. Notwithstanding the continued validity of advance parole approvals previously granted, CBP will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole. Further, USCIS will—of course—retain the authority to revoke or terminate an advance parole document at any time.
  • Will administratively close all pending Form I-131 applications for advance parole filed under standards associated with the DACA program, and will refund all associated fees.
  • Will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.

 

Trump administration announces end of immigration protection program for ‘dreamers’

WaPo: “The Trump administration announced Tuesday it would begin to unwind an Obama-era program that allows younger undocumented immigrants to live in the country without fear of deportation, calling the program unconstitutional but offering a partial delay to give Congress a chance to address the issue…The Department of Homeland Security said it would no longer accept new applications for Deferred Action for Childhood Arrivals, which has provided renewable, two-year work permits to nearly 800,000 dreamers. The agency said those currently enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018, will be permitted to apply for two-year renewals as long as they do so by Oct. 5.”

 

From NYIC:

  • The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates. The NYIC will also email updates and put them on our social media.
  • Immigrant ARC is working with MOIA for a large scale event. More details coming soon.
  • If you are an Immigrant ARC member and develop materials etc. that can be shared, please send them my way and I will upload them into the databank.
  • We will be uploading flyers for events, etc onto the nyic calendar (link on our front page).

 

TOP UPDATES

 

Article: Immigration Agency May Be Expanding Anti-Fraud Program

Posted 8/31/2017

Bloomberg reports that immigration attorneys are seeing what could be an expansion of a USCIS effort to root out fraud in the immigration system. It’s “clear” the agency is looking for fraud across all visa categories, AILA Treasurer Allen Orr said.

AILA Doc. No. 17083138

 

Article: Federal Judge Blocks Texas Ban on Sanctuary Cities in Blow for Trump

Posted 8/31/2017

The Guardian reports that a federal judge has issued a preliminary injunction that blocks key parts of Texas’s ban on sanctuary cities, two days before the law was scheduled to go into effect. AILA moved its 2018 conference out of the Dallas area in protest at SB 4.

AILA Doc. No. 17083140

 

CALLS TO ACTION

 

DACA Rally – The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates.

 

NYIC SIJS Request: As a follow up to ongoing conversations that have come out of our liaison meetings and other conversations with the local USCIS office, they have asked me to put together a list of A numbers of over 18 year old SIJS cases that have been pending with no movement or decision so that they can get more information from the NBC. If you have cases like that could you let me know. I would love to get this to them in mid-September so that they have the information by our next liaison meeting.

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

In times like these, all of us on the “right side of history” —  who have reflected on things like the causes of World War I and World War II, the horrors of Communism, Jim Crow Laws, the failure of the American Legal System to stand up to racism during most of the century following the Civil War, and the costs of “science deniers” —  need to stick together and work as a team to resist and ultimately defeat the forces of darkness and evil that have taken over our Government, our country, and are now threatening the future and safety of our world. They can’t be allowed to prevail with their ignorant, yet disturbingly arrogant, messages and actions of hate, disdain, racism, and selfishness.

Time for the “good hombres” to stand up and be counted in opposition to the “bad hombres!”

PWS

09-05-17

 

SLATE: “Jeff Sessions Spews Nativist Lies While Explaining Why Trump Is Killing DACA!”

http://www.slate.com/blogs/the_slatest/2017/09/05/sessions_daca_speech_was_full_of_nativist_lies.html

Mark Joseph Stern writes:

“Many Republicans have made clear in recent weeks that they favor the basic policy DACA enshrined, and merely oppose its executive implementation. Sessions, who helped persuade Trump to kill the program, is not one of those Republicans. In his remarks, he directly denounced the very idea of granting any kind of amnesty to undocumented individuals brought to the U.S. as children through no fault of their own. At the heart of his speech were two lies, straight from Breitbart, explaining why DACA must end:

The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.

Let’s examine these falsehoods in turn.

First: Sessions claimed that DACA “contributed to a surge of unaccompanied minors on the southern border.” This allegation, often touted by far-right xenophobes, is false. A study published in International Migration, a peer-reviewed academic journal, found that the surge in unaccompanied minors actually began in 2008. (DACA was announced in 2012.) The authors pointed to a host of factors contributing to this phenomenon, including escalating gang violence in Central America, as well as drug cartels’ willingness to target and recruit children in Mexico. But the study found that DACA was not one of these factors. Its authors concluded that “the claim that DACA is responsible for the increase in the flow of unaccompanied alien children is not supported by the data.”

Even without the study, it should be obvious that DACA played no role in this surge of unaccompanied minors because the theory itself makes no sense. Undocumented children who arrived in the United States following DACA’s implementation would not qualify for the program. Only those individuals who “have continuously resided in the United States since June 15, 2007” and “were physically present in the United States on June 15, 2012” could receive DACA status. Why would parents send their children to the U.S. to participate in a program in which they are not legally permitted to participate?

Second: Sessions alleged that DACA has “denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” This line is obviously drawn from the false narrative that immigrants steal jobs from American citizens. There is no actual evidence that DACA recipients have taken jobs from any Americans, let alone “hundreds of thousands.” There is, however, strong evidence that killing DACA will significantly damage the economy—a fact that Sessions conveniently omitted from his speech.

Once DACA is fully rescinded, its former recipients will lose their work permits (and thus their jobs) and face possible deportation. According to the left-leaning Center for American Progress, about 30,000 people will lose their jobs each month as their DACA status expires. The loss of these workers could reduce the national GDP by $280 billion to $433 billion over the next decade. According to estimates by the libertarian Cato Institute, DACA’s demise will cost employers $2 billion and the federal government $60 billion. Trump’s decision to end DACA isn’t a job-saver; it’s a job-killer.

Toward the end of his speech, Sessions praised the RAISE Act, a Republican-backed bill that would tightly curtail immigration into the U.S. Sessions claimed the act would “produce enormous benefits for our country.” In reality, the measure marks an effort to return America to an older immigration regime that locked out racial and ethnic minorities. Sessions has praised the 1924 law that created this regime—a law whose chief author declared that his act was meant to end “indiscriminate acceptance of all races.” On Tuesday, Sessions revived this principle in slightly more polite language.

The attorney general’s utterly gratuitous defamation of young Latino immigrants tells you everything you need to know about the decision to kill DACA. Before Tuesday, the Trump administration seemed eager to frame its DACA decision as respect for constitutional separation of powers: Congress, it insisted, not the president, must set immigration policy. But after Sessions’ speech, it is difficult to view this move as anything other than an attempt to implement the white nationalism that Trump and Sessions campaigned on.”

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

Read the full report at the link.

It shouldn’t be news by now that “Gonzo Apocalypto” is a lifelong racist and White Nationalist totally unfit to serve as Attorney General. That’s what Liz Warren and others said during the confirmation process when Sessions’s GOP “fellow travelers” were so eager to brush over his un-American record and his anti-American views.

Latinos, Asians, Blacks, Jews and other American minorities need to unite with those of us who don’t want a return to the “Jim Crow” American South of the earlier 20th Century (which spawned the likes of Sessions and where the white GOP population is still racially and culturally tone deaf) behind some good candidates, get out the vote, and throw the White Nationalists and their GOP enablers and apologists (guys like Mitch McConnell, Paul Ryan, and most of the rest of the today’s GOP legislators who take responsibility for nothing while encouraging the Trump Administration’s outrageous conduct by refusing to join with Congressional Democrats to “just say no'”) out of office at the ballot box.  Otherwise, there won’t be an America in the future. We’ve got to stop letting “the “30%” who either never knew or have forgotten what it means to be a real American run roughshod over our country and particularly our kids. It’s going to be a long four years. Feels like it already.

PWS

09-05-17

THE ECONOMY: TRUMP’S “GONZO” ENFORCEMENT POLICIES LIKELY TO HINDER HOUSTON REBUILDING — “The truth is, there are not a lot of people jumping up and down to do civil construction work in Texas. It’s hot, and these jobs are pouring concrete or, worse, hot asphalt.”

https://www.washingtonpost.com/national/if-they-deport-all-of-us-who-will-rebuild-day-laborers-seen-as-key-to-texas-recovery/2017/09/04/53a22acc-914d-11e7-89fa-bb822a46da5b_story.html?hpid=hp_rhp-top-table-main_harveylaborers-815pm-display%3Ahomepage%2Fstory&utm_term=.e2695f062e16

Arelis R. Hernandez and Aaron C. Davis report for the Washington Post:

. . . .

“More than 200,000 homes sustained damage in the storm, including more than 13,500 that were destroyed, according to early local estimates that don’t provide solid numbers for some of the hardest-hit areas. Leaders in the construction industry have begun sounding alarms that there will not be enough American-born workers to rebuild as quickly as needed.

“If they would relax the rules, honestly, that would be great, we could use it,” said Jeffrey Nielsen, executive vice president of the Houston Contractors Association, whose members include the city’s largest firms that build roads, bridges and other public works.

 

Nielsen said that even before Harvey hit, almost every member of the association was grappling with a shortage of workers. With a crushing list of jobs now growing by the day, thousands need to be hired — and fast.

Nielsen said he and other construction industry officials were told at a weekend briefing that roughly 30 percent of all roads in and around Houston will remain impassable without some construction work.

“The truth is, there are not a lot of people jumping up and down to do civil construction work in Texas. It’s hot, and these jobs are pouring concrete or, worse, hot asphalt,” Nielsen said. “That’s the reality of it, and we need more people than ever.”

There are plenty in and around Houston who might consider taking on the work, which can pay $20 an hour or more, if ID requirements were relaxed, construction industry officials say.

Federal contractors are required to ensure their employees have the proper immigration status to work. (John Taggart/For The Washington Post)
The Houston metropolitan area has the third-largest illegal immigrant population in the country, about 575,000 people, according to a Pew Research Center report this year. Those workers already make up roughly a quarter of all construction laborers citywide, according to the study. Some estimate it could be closer to half.

.  .  .  .

The couple and a crew of local church volunteers are doing some initial work, but soon they will need more specialized help for wiring, reassembling walls and putting in new floors. Would they hire day laborers to help?

“Oh yeah. They need the help too. The government helps us, we help them, and all of us help the economy,” Dave Bushnell said, pointing to a crew of three men pulling up a tree stump at an adjacent home. “You see how hard they work. They’ve probably lost everything too, but they can’t sit and wait for a handout. They’ve got to work.”

.  .  . .

“We are undoubtedly going to need immigrant workers to rebuild Houston,” said Kevin Appleby, director of policy for the nonprofit Center for Migration Studies of New York. “It is clear that immigrants, including those without status, helped to rebuild New Orleans.”

Stan Marek, chief executive of Marek Construction in Houston, sees the damage left by Harvey as big enough to hopefully reset the national debate over illegal immigration.

He and other contractors want a permanent solution that will absorb the existing workforce and train them for the kinds of jobs that Houston and other parts of Texas will need. The storm, Marek said, provides an opportunity to solve an immigration problem in the state while advancing social justice.

“With some supervision and some training, we could kick-start this whole thing to basically integrate these people into society,” Marek said. “Let’s take them out of the shadows and give them the protection of our laws.”

Roberto Benavidez, 45, a Nicaraguan, has been thinking the same thing as he paces in front of a Home Depot in West Houston looking for odd jobs.

“For the country to rebuild Houston, it will need amnesty for immigrants,” Benavidez said. “I get it. It seems like we are busting in the door of your house and asking to stay, but in reality, we are knocking on the door and offering a service.”

For a larger fix, advocates say Bush’s decision after New Orleans can’t be looked at as a model. In September of 2005, the Department of Homeland Security waived worker identification requirements for “victims” of Katrina for 45 days. Critics said it was impossible to determine who was a victim, and it let illegal immigrants from across the country descend on New Orleans and be hired as subcontractors.

Appleby said he sees three likely scenarios under Trump: “Either he does not waive and continues to be strict, or he does not waive but also does not enforce, or he does relax regulations,” he said.

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

The thing about ideological White Nationalist policies is that they never take reality, practicality, humanity, decency, or the best needs of the country into account. And, you can bet that lots of GOP restrictionists down in the Lone Star State will exploit immigrant labor for all it’s worth to rebuild their privileged lifestyle before voting to kick the Latinos out. Want to bet on how many of Lamar Smith’s gerrymandered GOP constituents rely on some form of undocumented workers to maintain their lifestyles?

PWS

09-05-17

 

 

 

 

 

 

 

CNN: TAL KOPAN’S CONGRESSIONAL FORECAST FOR DACA — STORMY — No Quick & Easy Path To Compromise On The Horizon — Will Parties Precipitate National Disaster To Please Respective Bases?

http://www.cnn.com/2017/09/04/politics/daca-congress-trump-decision/index.html

Tal writes:

“Washington (CNN)President Donald Trump’s expected decision to end DACA, but leave some time to save it, punts the popular program that protects young undocumented immigrants to Congress — but passage of a legislative solution remains a steep uphill climb.

Trump is expected to announce Tuesday that he will end the Obama-era Deferred Action for Childhood Arrivals program, but will offer a six-month delay to give Congress time to come up with a fix, according to sources familiar. Those sources have cautioned that this was the President’s thinking as of Sunday night and could shift ahead of his scheduled Tuesday announcement.
Such a plan would put the issue on Congress’ shoulders amid a busy fall, squeezing Republican and Democratic leadership to decide what their bases could swallow to find a compromise that would keep the nearly 800,000 people who benefit from the program from having their lives upended.

. . . . But the devil is in the details — and it remains unclear to insiders of the debate whether both sides can swallow enough of a compromise to reach a solution.
They have been adamant that they will not accept any deal to fund even small amounts of a border wall or increased immigration enforcement, and cuts to legal immigration would be unacceptable.
“Already you’ve seen the fracturing with people saying you need to pass this as part of border security, or other people saying you need to pass this with cuts in legal immigration, and another group saying you need to pass this on its own, and already that lack of consensus makes this unfeasible in Congress,” said Leon Fresco, an immigration attorney, former Obama administration immigration official and former aide to Senate Minority Leader Chuck Schumer.
Fresco also pointed to advocacy groups on the left as key to Democrats’ decision-making. As long as those groups insist, as they do, that they won’t accept a DACA fix in exchange for more enforcement, Democrats are stuck.
“The politicians are being bolstered by the groups, and the groups themselves are saying don’t trade any enforcement for DACA,” Fresco said. “If that were to change, then the fundamental dynamics of the issue would change, but at the moment that’s not where the advocacy community is — they want a fight on DACA to show that the President is on the wrong side of these issues.”

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

Wall funding in return for a DACA with a path to green cards and eventually citizenship seems like a deal that  would allow Trump to throw some “red meat” to his base by delivering on a key campaign promise while minimizing the human damage to our country, our ecomomy, and our future.

“TRUMP” CARDS:

Dems:

Trump can’t legally remove 800,000 Dreamers during his Administration.

See:

BREAKING: Trump Punts DACA To Congress — Will End Program In 6 Mo. Unless Congress Acts!

GOP RESTRICTIONISTS:

Trump will be able to inflict lots of pain and suffering on Dreamers while deporting thousands, forcing others to leave, and making the rest to live in fear or go underground. Dreamers won’t get a chance to vote the GOP out of office (although their kids and grandkids eventually will).

PWS

09-05-17

 

JENNIFER RUBIN IN WASHPOST: “Trump’s Most Evil Act” — “an act of uncommon cowardice.”

https://www.washingtonpost.com/blogs/right-turn/wp/2017/09/04/trump-ending-daca-would-be-cruelty-wrapped-in-a-web-of-lies/?hpid=hp_no-name_opinion-card-e%3Ahomepage%2Fstory&utm_term=.340f3e8f292a

Rubin writes in her “Right Turn” column:

“First, let’s not think Trump — who invites cops to abuse suspects, who thinks ex-sheriff Joe Arpaio was “doing his job” when denying others their constitutional rights and who issued the Muslim ban — cares about the Constitution (any of the “twelve” articles). Trump says, “We love the dreamers. … We think the dreamers are terrific.” But in fact he loves the applause he derives from his cultist followers more than anything. Otherwise he’d go to the mat to defend the dreamers and secure their legal status.

. . . .

No, if Trump cancels DACA, it will be one more attempt to endear himself to his shrinking base with the only thing that truly energizes the dead-enders: vengeance fueled by white grievance. And it will also be an act of uncommon cowardice. (“Should Trump move forward with this decision, he would effectively be buying time and punting responsibility to Congress to determine the fate of the Dreamers,” writes The Post.) Dumping it into the lap of the hapless Congress, he can try evading responsibility for the deportation of nearly 800,000 young people who were brought here as children, 91 percent of whom are working. (And if by chance Congress should save DACA, it will be Trump who is the villain and they the saviors, an odd political choice for a president who cares not one wit about the party.)

As for Congress, House Speaker Paul Ryan, who talks about sparing the dreamers, will be sorely tested to overcome the objections of the hard-line anti-immigrant voices in his conference. Does he have the nerve to bring to the floor a bill that lacks majority support among Republicans? Tie it to a must-pass bill (e.g., Harvey funding, the debt ceiling, funding for the government)? In the Senate, will opportunistic right-wingers such as Sen. Tom Cotton (R-Ark.) grandstand, perhaps filibustering a measure into order to out-Trump Trump?

However this turns out, the GOP under Trump has defined itself as the white grievance party — bluntly, a party fueled by concocted white resentment aimed at minorities. Of all the actions Trump has taken, none has been as cruel, thoughtless or divisive as deporting hundreds of thousands of young people who’ve done nothing but go to school, work hard and present themselves to the government.

The party of Lincoln has become the party of Charlottesville, Arpaio, DACA repeal and the Muslim ban. Embodying the very worst sentiments and driven by irrational anger, it deserves not defense but extinction.”

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

“Cowardice” is the hallmark of an Administration that glories in picking on and bullying the poor, the most vulnerable, minorities of all types, and even our foreign allies whose help and support we need. And, the GOP has firmly established itself as the party of cowards.

Trump’s glaring character flaws, naked prejudices, and obvious unsuitability for office, by nature of lack of knowledge, lack of experience, and lack of Presidential temperament, have been out there on display for all to see since the day he announced his candidacy. Yet, notwithstanding some “tisk-tisking” by a few “old timers,” the GOP again and again has in the end united behind Trump and his divisive agenda, preferring to flounder around attempting to govern within its own unruly caucus rather than reaching across the aisle to the Democrats (who, after all, did get the majority of the Presidential votes cast) to form a “union of the middle” to govern the country in a responsible, bi-partisan manner in the absence of Executive competence.

Yes, that would mean sacrificing large parts of the rightist “GOP agenda” in favor of saving the country from Trump’s excesses. But, it’s pretty clear by now that the “GOP agenda” is not going to be enacted into law any time soon anyway. So, why not just do something decent for a change and see how it plays out?

PWS

09-04-17

 

BREAKING: Trump Punts DACA To Congress — Will End Program In 6 Mo. Unless Congress Acts!

http://www.politico.com/story/2017/09/03/trump-dreamers-immigration-daca-immigrants-242301

Eliana Johnson reports for Politico:

President Donald Trump has decided to end the Obama-era program that grants work permits to undocumented immigrants who arrived in the country as children, according to two sources familiar with his thinking. Senior White House aides huddled Sunday afternoon to discuss the rollout of a decision likely to ignite a political firestorm — and fulfill one of the president’s core campaign promises.

Trump has wrestled for months with whether to do away with the Deferred Action for Childhood Arrivals, known as DACA. He has faced strong warnings from members of his own party not to scrap the program and struggled with his own misgivings about targeting minors for deportation.

 

Conversations with Attorney General Jeff Sessions, who argued that Congress — rather than the executive branch — is responsible for writing immigration law, helped persuade the president to terminate the program, the two sources said, though White House aides caution that — as with everything in the Trump White House — nothing is set in stone until an official announcement has been made.

In a nod to reservations held by many lawmakers, the White House plans to delay the enforcement of the president’s decision for six months, giving Congress a window to act, according to one White House official. But a senior White House aide said that chief of staff John Kelly, who has been running the West Wing policy process on the issue, “thinks Congress should’ve gotten its act together a lot longer ago.”

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Read the complete article at the link.

This could be one of Trump’s shrewder political moves. He doesn’t really have to do anything right now, while getting the issue off his desk and putting pressure on the Dems and those more responsible Republicans who have urged him to retain the program to get their collective act together and legislate.

Now it depends on whether Trump can disengage without the usual barrage of xenophobic White Nationalist race baiting truth-challenged rhetoric that tends to accompany all of his immigration moves. That might be hard for Trump, given his normal need to pander to the basist biases of his base.

There is also the problem of what happens if Congress fails. There is no practical way of removing 800,000 American young people. It’s simply beyond the capacity of the system, not to mention that it would destroy our economy and rip apart our society.

REALITY CHECK: Many U.S. Immigration Courts are already setting “new” non-detained cases out to Individual Hearing dates in 2020 & 2021. As Judge Burman’s remarks in the preceding post suggest, those courts that claim not to be out as far might well be using ADR (“Aimless Docket Reshuffling”) techniques to mask the true extent of the backlog and docketing problem.

A few Dreamers got DACA after the entry of a final order of removal. But, the vast majority either 1) applied before being placed in Removal Proceedings; or 2) had their Removal Proceedings “Administratively Closed” (thereby removed from the Immigration  Court’s “active docket”) after DACA was granted. All of these cases would have to be initially docketed or re-docketed upon DHS motion.

The US Immigration Courts’ docket already extends beyond the end of Trump’s current term in 2021. By the time “Dreamer” cases get to Individual Hearings the next Presidential term likely will have expired. After all, even without Dreamers on the docket, and with additional US Immigration Judges on the bench, backlogs have continued to rise as a result of the Administration’s “gonzo” approach to immigration enforcement.

So far, the Administration has addressed the impracticality of unlimited enforcement of a broken immigration system with a pattern of “random acts of cruelty” intended to spread fear, create unease, and keep ethnic and migrant communities on edge.

Let’s hope Congress can get its act together and solve the problem in a bipartisan manner.  If not, more disruption, dislocation, disorder, and just plain downright arbitrary meanness are likely to follow.

“Bad things will happen” to a country that allows a xenophobic, racist, White Nationalist minority (two-thirds of Americans favor some type of relief for Dreamers) to overrule the majority and attack our country’s most precious asset: the young people who are America’s (and the world’s) future. It’s time for those of us in the majority who aren’t part of the “Trump base” to stand up and be heard in opposition to those who would destroy our country’s future and trash the lives of fine American young people in the process! And, politicians who oppose relief for Dreamers need to be removed from office through the electoral process.

PWS

09-03-17

U.S. IMMIGRATION COURTS: Judge Lawrence O. “Burmanator” Burman (SOLELY In His NAIJ Officer Capacity) Gives Rare Peek Inside U.S. Immigration Courts’ Disaster Zone From A Sitting Trial Judge Who “Tells It Like It Is!”

Judge Burman appeared at a panel discussion at the Center for Immigration Studies (“CIS”). CIS Executive Director Mark Krikorian; Hon. Andrew Arthur, former U.S. Immigration Judge and CIS Resident Fellow; and former DOJ Civil Rights Division Official Hans von Spakovsky, currently Senior Legal Fellow at the Heritage Foundation were also on the panel entitled “Immigration Court Backlog Causes and Solutions” held at the National Press Club on Aug. 24, 2017.  Here’s a complete transcript furnished by CIS (with thanks to Nolan Rappaport who forwarded it to me).

Here’s the “meat” of Judge Burman’s remarks:

“First, the disclaimer, which is important so I don’t get fired. I’m speaking for the National Association of Immigration Judges, of which I am an elected officer. My opinions expressed will be my own opinions, informed by many discussions with our members in all parts of the country. I am not speaking on behalf of the Department of Justice, the Executive Office for Immigration Review, the chief judge, or anybody else in the government. That’s important.

What is the NAIJ, the National Association of Immigration Judges? We’re a strictly nonpartisan organization whose focus is fairness, due process, transparency for the public, and judicial independence. We’re opposed to interference by parties of both administrations with the proper and efficient administration of justice. We’ve had just as much trouble with Republican administrations as Democratic administrations.

It’s been my experience that the people at the top really don’t understand what we do, and consequently the decisions they make are not helpful. For example, the – well, let me backtrack a little bit and talk about our organization.

Immigration judges are the – are the basic trial judges that hear the cases. Above us is the Board of Immigration Appeals, who function as if they were an appellate court. We, since 1996, have been clearly designated as judges by Congress. We are in the statute. We have prescribed jurisdiction and powers. Congress even gave us contempt authority to be able to enforce our decisions. Unfortunately, no administration has seen fit to actually give us the contempt authority. They’ve never done the regulations. But it’s in the statute.

The Board of Immigration Appeals is not in the statute. It has no legal existence, really. It’s essentially an emanation of the attorney general’s limitless discretion over immigration law. The members of the Board of – Board of Immigration Appeals are – in some cases they’ve got some experience. Generally, they don’t have very much. They’re a combination of people who are well-respected in other parts of the Department of Justice and deserve a well-paid position. Very often they’re staff attorneys who have basically moved up to become board members, skipping the immigration judge process. Very few immigration judges have ever been made board members, and none of them were made board members because they had been immigration judges. If they were, it was largely a coincidence.

The administration of the Executive Office for Immigration Review in which we and the BIA are housed is basically an administrative agency. We are judges, but we don’t have a court. We operate in an administrative agency that’s a lot closer to the Department of Motor Vehicles than it is to a district court or even a bankruptcy court, an Article I type court.

Our supervisors – I’m not sure why judges need supervisors, but our supervisors are called assistant chief immigration judges. Some of them have some experience. Some of them have no experience not only as judges, but really as attorneys. They were staff attorneys working in the bowels of EOIR, and gradually became temporary board members, and then permanent board members.

Interestingly, when a Court of Appeals panel is short a judge, they bring up a district judge. EOIR used to do that, by bringing up an immigration judge to fill out a panel at the board. They don’t do that anymore. They appoint their staff attorneys as temporary board members, a fact that is very shocking when we tell it to federal judges. They can’t imagine that a panel would be one member short and they’d put their law clerk on the panel, but that’s what goes on.

The top three judges until recently – the chief judge and the two primary deputies – had no courtroom experience that I’m aware of. Two of them have gone on. Unfortunately, one of them has gone on to be a BIA member. The other retired.

Our direct supervisors are the assistant chief immigration judges. Some are in headquarters, and they generally have very little experience. Others are in the field, and they do have some experience – although, for example, the last two ACIJs – assistant chief immigration judges – who were appointed became judges in 2016. So they don’t have vast experience. Well, they may be fine people with other forms of experience, but this agency is not run by experienced judges, and I think it’s important to understand that.

There’s a severe misallocation of resources within EOIR. I think Congress probably has given us plenty of money, but we misuse it. In the past administration, the number of senior executive service – SES – officials has doubled. Maybe they needed some more administrative depth, although I doubt it. The assistant chief immigration judges are proliferating. I think there’s 22 of them now. These are people who may do some cases. Some of them do no cases. They generally don’t really move the ball when it comes to adjudicating cases. Somehow, the federal courts are able to function without all of these intermediaries and supervisory judges, and I think that we would function better without them as well.

To give you a few examples – I could give you thousands of examples, and if you want to stick around I’ll be happy to talk about it. Art was talking about the juvenile surge. I think it was approximately 50,000 juveniles came across the border. To appear to be tough, I guess, they were prioritized. The official line is, you know, we’re going to give them their asylum hearings immediately. I’m not sure what kind of asylum case that a 6-year-old might have, but we would hear the case and do it quickly, and then discourage people from coming to our country. But, in fact, what’s actually happened is the juvenile docket is basically a meet-and-greet. The judges are not – first of all, I’m not allowed to be a juvenile judge. The juvenile judges are carefully selected for people who get along well with children, I guess. (Laughter.) Really, what they do is they just – they see the kids periodically, and in the meantime the children are filing their asylum cases with the asylum office, where they’re applying for special immigrant juvenile status, various things. But judge time is being wasted on that.

Another example is the current surge. I have a really busy docket. Art was talking about cases being scheduled in 2021. The backlog for me is infinite. I cannot give you a merits hearing on my docket unless I take another case off. My docket is full through 2020, and I was instructed by my assistant chief immigration judge not to set any cases past 2020. So they’re just piling up in the ether somewhere.

As busy as I am, they send me to the border, but these border details are politically oriented. First of all, we probably could be doing them by tele-video. But assuming that they want to do them in person, you would think that they would only send the number of judges that are really needed. But, in fact, on my last detail of 10 business days, two-week detail, two days I had no cases scheduled at all. And back home having two cases off the docket, which almost never happens – or two days off the docket, which almost never happens, would be useful because I could work on motions and decisions. But when I’m in Jena, Louisiana, I can’t really work on my regular stuff. So I’m just reading email and hanging out there.

The reason for that is because there’s been no attempt to comply with the attorney general’s request that we rush judges to the border with, at the same time, making sure that there’s enough work or not to send more judges than is really necessary to do the work. I assume the people that run our agency just want to make the attorney general happy, and they send as many judges to the border as possible.

One particularly bizarre example was in San Antonio. The San Antonio judges were doing a detail to one of the outlying detention facilities by tele-video. But they wanted to rush judges to the border, so they assigned a bunch of judges in the country that had their own dockets to take over that docket by tele-video on one week’s notice. Well, one week’s notice meant that the judges in San Antonio couldn’t reset cases. You’ve got to give at least 10 days’ notice of a hearing by regulation. So we had judges taken away from their regular dockets to do that; judges who normally would have done that who already were on the border – San Antonio is pretty closer to the border – didn’t have anything to do.

Now, those may be extreme cases, but this happens all too much, and it’s because of political interference. And like I say, it’s got nothing to do with party. We’ve had the same problem with Democratic and Republican administrations. It comes from political decisions animating the process and people who don’t really understand what they’re managing, just attempting to placate the guy on the top. So that’s basically what’s been happening.

Am I over my 10 minutes here?

MR. KRIKORIAN: Yeah. Well, I mean, you’re right at it. If you’ve got a couple more minutes, that’s fine.

JUDGE BURMAN: Well, let me just go over some possible suggestions.

Let judges be judges – immigration judges that control their own courts and their own dockets. We should be able to supervise our own law clerks and our own legal assistants, which currently we don’t. And the contempt authority we were given in 1996 should eventually – should finally get some regulations to implement it.

EOIR’s overhead needs to be reduced. There’s too many positions at headquarters and too few positions in the field. When EOIR was originally set up, the idea was that each judge would need three legal assistants to docket the cases and find the files and make copies and all that. At one point last year we were down to less than one legal assistant per judge in Arlington, where I am, and in Los Angeles it was even worse. When you do that, the judge is looking for files, the judge is making copies, the judge doesn’t have the evidence that’s been filed. There’s nothing more annoying than to start a hearing and to find that evidence was filed that I don’t have. The case has to be continued. I have to have a chance to find the evidence and review it.

It would be nice if our management were more experienced than they are, or at least have some more courtroom experience.

We need an electronic filing system like all the other courts have. Fortunately, that’s one thing that Acting Director McHenry has said is his top priority, and I think that he will take care of that.

The BIA is a problem. The BIA doesn’t have the kind of expertise that the federal courts would defer to. Consequently, I think a lot of the bad appellate law that Art was referring to is caused by the fact that the BIA really doesn’t have any respect in the federal court system. They’re not immigration experts. They want their Chevron deference, but they are not getting it. They’re not getting it from the Court of Appeals. They’re not getting it from the Supreme Court, either.

The BIA also remands way too many cases. When we make a decision, we send it up to the BIA. We don’t really care what they do. They could affirm us. They could reverse us. We don’t want to see it back. We’ve got too much stuff to see them back. And this happens all the time. If they remand the case, they don’t ever have to take credit for the decision that they make. I assume that’s why they’re doing it, to try to make us do it.

We need a proper judicial disciplinary system. Starting in 2006, which is where the backlog problem began, the attorney general first of all subjected us to annual appraisals, evaluations, which previously OPM had waived due to our judicial function. So that’s a waste of time. Judges were punished for the – for things that are not punishment. Judges were punished because a Court of Appeals would say that you made a mistake or he was rude or – it’s just crazy. Judges were punished or could be punished for granting – for not granting continuances. No judge was ever punished for granting a continuance. So it’s no surprise that, as I pointed out, continuances have been granted at a much greater level – in fact, too great a level. But when in doubt, we continue now because if we don’t do that we’re subject to punishment, and nobody really wants that.

And finally, the ultimate solution, I think, is an Article I court like the bankruptcy court – a specialized court, could be in the judicial branch, could be in the executive branch – to give us independence, to ensure that we have judges and appellate judges who are appointed in a transparent way, being vetted by the private bar, the government, and anybody else.

And I’m way over my 10 minutes, so I’ll be – I’ll be sure to babble on later if you want me to. Thank you.”

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Judge Arthur’s kind opening words about the late Juan Osuna were a nice touch. One of Juan’s great strengths as person, executive, judge, and teacher was his ability to maintain good friendships with and respect from folks with an assortment of ideas on immigration.

Judge Burman’s “no BS” insights are as timely as they are unusual. That’s because U.S. Immigration Judges are not encouraged to speak publicly and forthrightly about their jobs.

The Supervisory Judge and the EOIR Ethics Office must approve all public appearances by U.S. Immigration Judges including teaching and pro bono training. A precondition for receiving permission is that the judge adhere to the DOJ/EOIR “party line” and not say anything critical about the agency or colleagues. In other words, telling the truth is discouraged.

As a result, most Immigration Judges don’t bother to interact with the public except in their courtrooms. A small percentage of sitting judges do almost all of the outreach and public education for the Immigration Courts.

While EOIR Senior Executives and Supervisors often appear at “high profile events” or will agree to limited press interviews, they all too often have little if any grasp of what happens at the “retail level” in the Immigration Courts. Even when they do, they often appear to feel that their job security depends on making things sound much better than they really are or that progress is being made where actually regression is taking place.

In reality, the system functioned better in the 1990s than it does two decades later. Due Process protection for individuals — the sole mission of EOIR — has actually regressed in recent years as quality and fairness have taken a back seat to churning numbers, carrying out political priorities, not rocking the boat, and going along to get along. Such things are typical within government agency bureaucracies, but atypical among well-functioning court systems.

I once appeared on a panel with a U.S. District Judge. After hearing my elaborate, global disclaimer, he chuckled. Then he pointedly told the audience words to the effect of  “I’m here as a judge because you asked me, and I wanted to come. I didn’t tell the Chief Judge I was coming, and I wouldn’t dream of asking his or anyone else’s permission to speak my mind.”

I hope that everyone picked up Judge Burman’s point that “Aimless Docket Reshuffling” or “ADR” is still in full swing at EOIR. Cases are shuffled, moved around, taken off docket, and then restored to the docket to conceal that the backlog in Arlington goes out beyond the artificial “2020 limit” that Judge Burman has been instructed to use for “public consumption.” But there are other cases out there aimlessly “floating around the ether.” And, based on my experience, I’m relatively certain that many courts are worse than Arlington.

Judge Burman also makes another great  “inside baseball” point — too many unnecessary remands from the BIA. Up until the very ill-advised “Ashcroft Reforms” the BIA exercised de novo factfinding authority. This meant that when the BIA disagreed with the Immigration Judge’s disposition, on any ground, they could simply decide the case and enter a final administrative order for the winning party.

After Ashcroft stripped the BIA of factfinding  authority, nearly every case where the BIA disagrees with the lower court decision must be returned to the Immigration Court for further proceedings. Given the overloaded docket and lack of e-filing capability within EOIR, such routine remands can often take many months or even years. Sometimes, the file gets lost in the shuffle until one or both parties inquire about it.

The Immigration Courts are also burdened with useless administrative remands to check fingerprints in open court following BIA review. This function should be performed solely by DHS, whose Counsel can notify the Immigration Court in rare cases where the prints disclose previously unknown facts. In 13 years as an Immigration Judge, I had about 3 or 4 cases (out of thousands) where such “post hoc” prints checks revealed previously unknown material information. I would would have reopened any such case. So, the existing procedures are unnecessary and incredibly wasteful of limited judicial docket time.

I agree completely with Judge Burman that the deterioration of the Immigration Courts spans Administrations of both parties. Not surprisingly, I also agree with him that the only real solution to the Courts’ woes is an independent Article I Court. Sooner, rather than later!

PWS

09-03-17

 

 

 

 

 

 

BRET STEPHENS IN THE NYT: DREAMERS & MIGRANTS (DOCUMENTED OR NOT) MAKE AMERICA GREAT!

https://www.nytimes.com/2017/09/01/opinion/daca-trump-dreamers-immigration.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left-region%C2%AEion=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region

Stephens writes:

“A common American conceit is that we attract brilliant foreigners because we have brilliant things: great universities, vast financial resources, a dynamic economy, high-tech. That gets things mostly backward. It’s because we have brilliant foreigners that we have those things in the first place. Google. Comcast. eBay. Kraft. Pfizer. AT&T. They all had immigrants as founders.

Overall, a 2016 study by the Partnership for the New American Economy found that 40 percent of all Fortune 500 companies were founded or co-founded by immigrants or the children of immigrants. Taken together they employed 19 million people and had revenues of $4.8 trillion.

Opponents of a liberal immigration policy often insist they welcome legal immigrants and only object to illegal ones. Rubbish. The immigration reform bill introduced in Congress this year by Republicans Tom Cotton and David Perdue and endorsed by Donald Trump aims to cut legal immigration by half.

Restrictionists also argue that we need to favor newcomers with “skills” and educational credentials. More rubbish. Jan Koum arrived in the U.S. from Ukraine in 1992 as a 16-year-old boy with his mother, living off food stamps. She worked as a babysitter. He later dropped out of college. In 2009 he came up with an idea for a mobile messaging app. Five years later Facebook purchased WhatsApp for $22 billion.

Should it make any difference to WhatsApp’s billion-plus users that Koum arrived in the United States legally? And if it turned out that he hadn’t, should he be required to leave the country, presumably so he can pay income tax — and create jobs — in his native Ukraine?

That would be self-defeating. But it’s the fate that may soon await 800,000 or so young people who were brought without visas to the United States as children, grew up in the country, in some cases only speak English, and now face deportation because the Trump administration seems poised to terminate the Deferred Action for Childhood Arrivals, a program that allowed them to stay in school or their jobs.

The nativist wing of the right thinks DACA is unconstitutional. That’s not clear, though it would be on firmer legal ground if Congress turned DACA into law by passing Senators Lindsey Graham and Dick Durbin’s Dream Act. In the meantime, allowing these young dreamers to stay is ordinary humanity and enlightened policy. If just 10 of those 800,000 turn into future Jan Koums, the program will have more than paid for itself.

 

It isn’t the whole truth to say that immigrants come to our shores because of our wealth. They also come in hope of being welcomed by a country whose astounding faith in human possibility includes a faith in them, however poor, unkempt — or even undocumented — they may sometimes be.

Lose that faith, and lose what’s best about America, too.”

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Read the complete op-ed at the link.

Stephens doesn’t know squat about climate change. But, he does understand the overriding value of immigration, whether documented or not, to America and our future as a great nation. He also exposes the bogus rationales employed by supporters of the RAISE Act to “dress up” their White Nationalist agenda.

PWS

09-02-17

TAL KOPAN & JIM ACOSTA ON CNN: Speaker Ryan Says Trump Should Delay DACA Decision While Congress Works On Extension! — Also, Top Seattle Execs Urge Trump To Keep DACA

http://www.cnn.com/2017/09/01/politics/paul-ryan-daca-trump-immigration/index.html

Tal & Jim write:

“(CNN)House Speaker Paul Ryan on Friday gave a major boost to legislative efforts to preserve protections for young undocumented immigrants — and urged President Donald Trump to not tear up the program.

Trump told reporters Friday he was still mulling the decision.
Responding to a question about Deferred Action for Childhood Arrivals, or DACA, on his hometown radio station WCLO in Janesville, Wisconsin, Ryan said Congress was working on a legislative fix to preserve the program.
“I actually don’t think he should do that,” Ryan said of Trump’s consideration of terminating the program. “I believe that this is something that Congress has to fix.”
'Dreamers' anxious as Trump DACA decision looms
‘Dreamers’ anxious as Trump DACA decision looms
Ryan’s statement offers the most public support by anyone in the Republican congressional leadership for some sort of legislation to protect the “Dreamers” under DACA.
The popular Obama administration program — which gives protections from deportation to undocumented immigrants that were brought to the US as children to work or study — has long been targeted by Republicans as an overreach of executive authority.
Nevertheless, a number of moderate Republicans alongside Democrats support the program and have offered legislation that would make the protections permanent.

. . . .

The popular Obama administration program — which gives protections from deportation to undocumented immigrants that were brought to the US as children to work or study — has long been targeted by Republicans as an overreach of executive authority.
Nevertheless, a number of moderate Republicans alongside Democrats support the program and have offered legislation that would make the protections permanent.
Ryan, who worked on comprehensive immigration reform before he became part of House leadership, endorsed that approach in the interview.
“President (Barack) Obama does not have the authority to do what he did … we’ve made that very clear,” Ryan said in the radio interview. “Having said all of that, there are people who are in limbo. These are kids who know no other country, who were brought here by their parents and don’t know another home. And so I really do believe there that there needs to be a legislative solution.”
Trump’s decision
Asked whether he’s made a decision on DACA, Trump said: “Sometime today, maybe over the weekend.”
“We love the Dreamers,” he said.
The Trump administration has been discussing for weeks what to do about DACA, responding to the deadline on an ultimatum issued by 10 state attorneys general, led by Texas. The threat: Sunset DACA by September 5 or the states will try to end it in court.
Discussions have heated up this week as officials have met to chart a path forward. While a decision had been possible Friday, and one source familiar had believed a decision was pending Friday morning, by midday, sources familiar with the deliberations did not expect a decision before the weekend.
Parts of the Department of Homeland Security, which administers DACA, have been told to prepare for a decision but have not been given any potential details of what a decision may be.
White House discussing whether DACA deadline can be moved
White House discussing whether DACA deadline can be moved
Sources inside and outside the administration said the White House continues to explore buying itself time and is also considering allowing the attorneys general to proceed with their threat.
That course of action could potentially remove pressure from the White House, where the President has promised to act with “heart” on the matter and give Congress time to pass a legislative fix, and one source said it was under consideration.
Any action by the President to sunset DACA would put immediate pressure on Congress to act, something the White House and a senior congressional source recognize would be a challenge with many other pressing priorities at the moment, from Harvey relief to the debt ceiling to government spending. A go-slow approach on DACA is preferred, the congressional source added.
Big congressional boost
Ryan has long been sympathetic to the plight of Dreamers. At a CNN town hall at the beginning of the year, Ryan was asked by a young woman protected under DACA whether he wanted her deported. He said he was working with the Trump administration and seeking a “humane solution.”
“What we have to do is find a way to ensure that you can get right with the law,” the speaker told the young woman.
But until now, leadership has not helped the push by moderate Republicans to advance legislation to do so. Four different options have been introduced in Congress, including two bipartisan solutions led by Sens. Lindsey Graham, a South Carolina Republican, and Dick Durbin, an Illinois Democrat. Another proposal from Florida Republican Rep. Carlos Curbelo has entirely Republican support and is expected to be introduced in a similar form in the Senate by North Carolina Republican Thom Tillis.
In addition to Ryan’s endorsement, another conservative boost on Friday came from Utah Sen. Orrin Hatch, a staunch conservative who has in the past supported immigration reform.
“I’ve urged the President not to rescind DACA, an action that would further complicate a system in serious need of a permanent, legislative solution,” Hatch said in a statement. “Like the President, I’ve long advocated for tougher enforcement of our existing immigration laws. But we also need a workable, permanent solution for individuals who entered our country unlawfully as children through no fault of their own and who have built their lives here. And that solution must come from Congress.”
Colorado Rep. Mike Coffman, a moderate Republican, announced on Thursday he would try to force a vote on one of the bipartisan bills when Congress returns next week through what’s known as a discharge petition, which would require a majority of House members to sign on to work. The speaker’s office had no comment on that effort.”

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Additionally, as reported in the Seattle Times, the CEOs of Microsoft, Amazon, and Starbucks have added their voices of support for Dreamers:

“The leaders of Amazon, Microsoft and Starbucks joined other corporate executives in asking President Donald Trump to keep in place a program that shields from deportation young people who came to the U.S. illegally as children.

The Deferred Action for Childhood Arrivals (DACA) program, which protects about 800,000 “Dreamers,” is said to be a target for repeal as Republican attorneys general threaten to sue to push the Trump administration to carry out the president’s hard-line pledges on immigration.

 

Supporters of the program, including Washington Gov. Jay Inslee, came to its defense this week, urging the White House to keep DACA intact. Those ranks swelled with hundreds of corporate executives, lawyers and other organizations who made largely economic arguments in a separate open letter.

“Dreamers are vital to the future of our companies and our economy,” the letter said. Signatories include Amazon.com chief executive Jeff Bezos, Microsoft CEO Satya Nadella, and Starbucks boss Kevin Johnson.”

http://www.seattletimes.com/business/microsoft-amazon-starbucks-leaders-voice-support-for-dreamers/?utm_source=referral&utm_medium=mobile-app&utm_campaign=ios

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Read Tal’s complete article at the link.

A legislative solution seems to be in everyone’s best interests here!  Let’s hope it will happen.

PWS

O9-01-17