PAUL WALDMAN @ WASHPOST: Why True Bipartisan Immigration Reform In Our National Interest Will Require “Regime Change:” “[I]t’s highly unlikely that we’ll achieve such reform, even reform most Republicans could live with, without both houses of Congress and the White House in Democratic hands. But that will happen sooner or later. Then we’ll see if we can get closer to a solution that everyone can live with over the long run.”

https://www.washingtonpost.com/opinions/2019/01/31/never-mind-wall-theres-more-important-question-we-need-answer/

Waldman writes:

As immigration policy hangs over the ongoing conflict over whether the government is going to remain open, there’s something missing from this discussion, something so fundamental that it’s quite remarkable that we all seem to have forgotten to even ask about it. The president is demanding his border wall, Democrats are fighting against him, and occasionally we bring up issues like the fate of the Dreamers and those here under Temporary Protected Status.

But what nobody asks is this: What kind of immigration system do we actually want?

Not what might happen in the next negotiation or what each side would be willing to give up, but what does each side see as the ultimate goal they’re working toward? If they could look forward ten or twenty years and say “This is where we should get to,” what would that look like?

It’s a vital question, because whatever we’re doing at the moment should be guided by our long-term goals. Once we understand what those goals are, we can think more clearly about where we should go after we get this whole shutdown ridiculousness behind us. And we all ought to be able to agree that there is some future we’re trying to arrive at, a point at which we have a system that works to our satisfaction and immigration isn’t something we’re constantly at each other’s throats about.

That may not be possible, but I’ll start with what liberals would like to see. There are certainly disagreements not just on the left generally but among immigration advocates as well, but there is a basic vision one can identify.

The first thing they want, of course, is to take the 11 million or so undocumented immigrants who are in the country now and give them a path to citizenship. That’s something even some Republicans agree with, and if you put requirements like learning English and paying back taxes on it, support becomes nearly universal.

Second, liberals would like to see an expansion of the legal immigration system, which is a consistent source of frustration and a driver of illegal immigration. When it can take decades to get approved to move to the United States, of course many people are going to opt for the illegal route, even if it can be dangerous and uncertain. If the legal immigration works, people will go through it and not around it.

And if you have a well-functioning legal system, you can make illegal immigration less attractive, with things like an E-Verify process that makes it harder to find work if you’re undocumented. There may always be some kind of black market for workers, but if you’re simultaneously offering people a legal path — both toward permanent residency and with temporary work visas for people who are looking only to make some money and then return to their home countries — it will be much smaller problem.

So in the liberal vision, we might end up with about the same number of immigrants coming into the country as we have now, it’s just that the overwhelming majority would be coming legally. We’d have security at the border, but we wouldn’t need ICE breaking down doors and tearing parents from their children’s arms. We’d have a robust system to evaluate asylum claims so we wouldn’t have to be throwing people in cages. We certainly wouldn’t pretend that one day there will be no more demand in the labor market for immigrant workers.

There are many Republicans who could be okay with that future, even if it wasn’t exactly what they wanted. But the conservative vision is complicated. For years, we heard Republican politicians say, “I’m for legal immigration. I’m against illegal immigration.” They may not usually have been advocating significant increases in legal immigration, but it’s important to remember that the current venomous hostility toward immigrants was not always the standard Republican position. Ronald Reagan and George W. Bush were both far friendlier toward immigrants than Donald Trump is.

Conservatives might disagree with this characterization, but as I see it, their ultimate goal is a system in which coming into the country illegally is utterly impossible, but levels of legal immigration don’t change much. In other words, we still have immigration, but the flow slows to a trickle. And the Trump administration is making attempts to drastically reduce legal immigration. With the president’s enthusiastic support, domestic policy adviser Stephen Miller is driving a nationalist agenda that seeks to drastically reduce the inflow of immigrants to the country and even looks for every possible means to deport both legal and undocumented immigrants, even if they’ve been living here for years or decades.

That’s a somewhat extreme position even within the Republican Party, but it does reflect a discomfort with immigration that is common on the right. It’s the cultural problem, the fact that many people just don’t like having contact with people who don’t look like them or don’t speak the same language they do or eat the same foods they do. Trump very skillfully played to that discomfort by essentially telling voters he could wind back the clock to the time when they were young, before all this disconcerting change happened. His targets were the people who say “I don’t recognize my country anymore,” and when he said he would make America great again, “great again” meant “like things were when you were young.”

That’s a demand that can never be satisfied, even if it’s only a portion of the Republican electorate that really dreams of an America where there are almost no new immigrants and most of those who are already here just disappear. Unfortunately, that portion currently not only controls the White House but exercises a veto over any attempt at comprehensive immigration reform, because the rest of the GOP is so terrified of them.

Which is why it’s highly unlikely that we’ll achieve such reform, even reform most Republicans could live with, without both houses of Congress and the White House in Democratic hands. But that will happen sooner or later. Then we’ll see if we can get closer to a solution that everyone can live with over the long run.

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

Right on, Paul!  You “nailed” it!  Pretty much what I’ve been saying on “Courtside” all along!

However, the unlikelihood of achieving “comprehensive immigration reform” in the “Age of Trump” shouldn’t prevent the parties from working together in a bipartisan manner on “smaller fixes” such as that relating to child marriage suggested by Nolan Rappaport, posted earlier this week. See https://wp.me/p8eeJm-3Hu

Progress is progress, even by “small steps.”

PWS

02-01-19

TRUMP’S IMMIGRATION POLICY: “MALICIOUS INCOMPETENCE!” — Also, ICE Intentionally Falsifies Court Hearing Dates — Where Is The Accountability?

https://www.truthdig.com/articles/incompetence-plus-malice-add-up-to-trumps-losing-formula-on-immigration/

Bill Boyarsky writes for Truthdig:

From the beginning of Donald Trump’s presidential campaign, the immigration issue has defined his political profile. More than anything else, it has opened a window on his authoritarian mind, his disdain for the truth and for democratic institutions. Such contempt has revealed the dangers of Trumpism to much of a nation governed, often imperfectly, by the law. The way immigrants are locked up in detention centers without trial warns us of the possibility of a police state.

Last week, the president’s braggadocio crumbled in the face of facts and the strategic opposition of House Speaker Nancy Pelosi. She clearly saw beyond the façade as she took the measure of her opponent.

Trump’s signature combination of untruthfulness, ignorance and arrogance became evident to the country on Friday when maps appeared on cable television showing planes stacking up at airports, sending passengers into a state of exasperation that transcends partisan politics. Those deficiencies were further exposed when he, while putting an end to the protracted government shutdown, used his concession speech in the White House Rose Garden on Friday to rehash his lying attacks on immigrants.

Trump repeated his call for a wall, arguing that only a wall would stop the drug dealers and other criminals from coming across the southern border. But he pulled back from the “Build the Wall” promises that stirred nationalistic crowds at his rallies. “We do not need 2,000 miles of concrete wall from sea to shiny [sic] sea—we never did,” he said, insisting that he had never proposed one.

On the contrary, as Linda Qiu and Michael Tackett wrote in The New York Times:

Dozens of times during the 2016 campaign, Mr. Trump promised to build a wall along the southwestern border, usually saying it would be 1,000 miles at varying heights and costs. At times the building materials changed. He mentioned concrete, steel and, at one point, even a wall that would have solar panels. But a wall and the unsupported pledge that Mexico would pay for it were foundational elements of his campaign, and Mr. Trump has continued to make similar assertions throughout his presidency.

Except on Friday. Qiu and Tackett also picked up that detail:   … notable was something Mr. Trump did not say, namely that Mexico would pay for the wall. …”

As he had from the beginning of his presidential campaign, Trump trafficked in falsehoods Friday in the Rose Garden when he described the immigrants trying to cross the border into the United States as dangerous criminals.

Figures from Syracuse University’s Transactional Records Clearinghouse(TRAC), a respected compiler of immigration statistics, refute his claim.

As of June 30, 2018, Immigration and Customs Enforcement had 44,435 immigrants in custody. Of these, four out of five had no criminal record or had committed only a minor offense, such as a traffic violation. Of the remainder, only 16 percent had committed crimes considered serious, which includes selling marijuana, now legal in many states. Of those eventually convicted of a crime, most were for illegal entry into the United States, a misdemeanor.

Another factor to consider is the incompetence of the way Trump administers his anti-immigrant policy. His former Attorney General Jeff Sessions drastically reduced the grounds for immigrants seeking asylum in the United States. Under his plan, dangers posed to immigrants by criminal gangs or domestic violence were no longer accepted as reasons for granting asylum—a devastating legislative blow to those fleeing gang-ridden Central American countries.

Other restrictions on asylum were also imposed. When immigrants present themselves to border officers and ask for sanctuary, they are arrested for illegal entry. They are then placed in detention, awaiting a hearing in immigration court, or are deported, although courts have ordered some released.

Sessions also ordered judges in immigration courts to speed up their hearings and decision-making protocols. He claimed this directive was aimed at reducing the backlog of cases awaiting hearing in immigration court that involve immigrants either in detention or freed through the legal intervention of immigrant advocates.

The backlog, TRAC said, totals 1,098,468—more than double the waiting list in January 2017 when Trump took office. It would take immigration courts more than five years to work their way through the backlog. This explains why so many immigrants are held in detention for years without a trial in onerous conditions, and why those freed from detention are in legal limbo, subject to being stopped, questioned and improperly arrested.

When Trump shut down the government, most immigration hearings were cancelled. That gave the president a lesson in the law of unintended consequences. Rather than carry out his intent—hustling the immigrants out of the country—he has done the opposite and has increased the logjam.

In short, incompetence plus evil intentions have brought the country to this point.

Trump has been able to paper over his incompetence with bluster. The mass media has served as an accomplice. Too many stories focus on his performance. Sometimes, even his critics offer grudging admiration.

The shutdown ripped away the mask. Immigration was the central issue behind Trump’s closure of the federal government. His lies about immigration were exposed, as was his bungling execution of a cruel policy.

Bill Boyarsky
Political Correspondent
Bill Boyarsky is a political correspondent for Truthdig. He is a former lecturer in journalism at the Annenberg School for Communication of the University of Southern California. Boyarsky was city editor of….
*****************************************
Meanwhile, over at CBS News, Kate Smith continues her great coverage of the illegal and unethical behavior that has become the norm at DHS and which is enable and tolerated by an enfeebled politically dominated EOIR.

ICE agents told hundreds of immigrants to show up to court on Thursday or risk being deported. But lawyers say many of those hearings won’t happen because the dates ICE provided are fake.

Immigration attorneys in Chicago, Miami, Texas, and Virginia told CBS News their clients or their colleagues’ clients were issued a Notice to Appear (NTA) for hearings scheduled Jan. 31. The attorneys learned the dates weren’t real when they called the courts to confirm. ICE is required to include court dates with court notices, per a Supreme Court decision last summer, but most don’t actually reflect scheduled hearings.

The American Immigration Lawyers Association issued a “practice alert” on Tuesday evening, warning members “the next upcoming date on NTAs that appears to be fake is this Thursday.”

On Wednesday evening, the Executive Office of Immigration Review, the body that oversees all the immigration courts, instructed all attorneys with a January 31 NTA “to confirm the time and date of any hearing.”

“There will be another episode of mass confusion in the immigration courts [Thursday] as a result of the DHS’s decision to issue Notice to Appear with fake immigration court dates,” Brian Casson, a Virginia-based immigration attorney, said in an email to CBS News.

In a statement Thursday morning, an ICE spokesperson said the agency was working with the Department of Justice “regarding the proper issuance of Notices to Appear.” The spokesperson said the government shutdown “delayed” that process, “resulting in an expected overflow of individuals appearing for immigration proceedings today/January 31.”

The fake notices stem from a Supreme Court ruling last summer. Prior to the decision, ICE officials used to send immigrants NTAs with date listed as “TBD” – or “to be determined.” The immigration court would issue the migrant an official hearing notice later, said Casson.

One effect of this: The NTAs could block an immigrant’s eligibility for “cancellation of removal,” a legal residency status granted to some undocumented immigrants after 10 uninterrupted years of living in the U.S. A NTA, even without a hearing date, would interrupt the 10-year “clock,” said Jeremy McKinney, a Charlotte, North Carolina-based immigration attorney, in a telephone interview with CBS News.

A Supreme Court ruling last summer — Pereira v. Sessions — banned the practice, requiring all appearance notices to use actual dates.

However, systems weren’t in place for ICE to see the court’s schedule, so ICE issued fake dates instead. Immigrants were instructed to appear on weekends, midnight, and dates that just didn’t exist, like Sept. 31, multiple attorneys told CBS News.

On October 31, hundreds of immigrants received phony NTAs. They showed up to court for non-existent hearings to find “extraordinarily long lines,” according the recent alert from the immigration lawyers’ organization.

“It was complete dysfunction and confusion,” said McKinney.

The problem became so pervasive that on Dec. 21, the Executive Office of Immigration Review issued a rare policy memo telling ICE agents and DHS that courts would “reject any NTA in which the date or time of the scheduled hearing is facially incorrect.”

Matthew Kriezelman, a Chicago-based immigration attorney, has four clients with hearings scheduled for tomorrow. After checking with the court earlier this week, he found out that two of those appearances weren’t real: administrators had no record of the hearings and told Kriezelman his clients would have to wait until the court itself sent them a hearing date.

Kriezelman’s clients are among the lucky ones; experts estimate less than half of immigrants have legal representation. That means hundreds won’t realize their Jan. 31 hearing date was phony and will show up anyway, said Kriezelman.

The court in Chicago handles all the immigration cases in Wisconsin, Illinois and Indiana, meaning many immigrants could be traveling for hours on Thursday morning for a hearing that doesn’t actually exist, Kriezelman said.

When they show up, nobody will be able to assist — because of the extreme cold weather, the Chicago immigration court is scheduled to be closed on Thursday, Kriezelman said.

Failure to show up to an immigration hearing can result in immediate removal proceeding, making immigrant especially wary when they hear they don’t need to come into court after all, said Kriezelman.

“They feel like someone is screwing with them or playing a terrible joke,” Kriezelman said. “It’s really confusing for a lot of people, especially ones that are unrepresented.”

Read more CBS News immigration coverage: The country’s busiest border crossing will allow 20 people to claim asylum a day. They used to take up to 100

These Central Americans have a second chance at asylum after being “unlawfully” deported. First ICE needs to bring them back

Every congressperson along southern border opposes border wall funding

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

Bill and Kate must be “reading my mind.” Keep on exposing the truth about this cruel, dishonest, and incompetent Administration and all of the “ethics-free minions” who carry out often illegal orders! What goes around, comes around, folks.

 

 

Anybody and I mean anybody, could need a fair, impartial, and honest justice system at some point in life. Why are so many folks standing by and letting Trump and his toadies destroy it? Piece by piece, the most important foundations of our democracy are being destroyed right in plain daylight!

 

 

Also congrats to my good friend and long-time fellow member of the Beverley Hills Community United Methodist Church family Mike Tackett of the NY Times and his colleague Linda Qiu  for their continuing outstanding coverage of the truth about Trump’s disingenuous, wasteful, and cruel immigration policies. You’re making a difference, Mike and Linda!  Keep at it!

 

 

There was a time when dishonesty and falsely filling out official government documents (known as fraud or willful misrepresentation in some criminal law circles) would get a Government employee fired, prosecuted, or disciplined. Not any more. With our country headed by a grifter “Liar-in-Chief” “anything goes” unless you are a migrant, a minority, or a member of the LGBTQ community. In that case, expect “no mercy.”

 

 

Also remember that White Nationalist former AG Jeff “Gonzo Apocalypto” Sessions disingenuously pontificated about “the rule of law,” called DHS “a partner of EOIR,” and referred to immigration attorneys as “dirty lawyers.” He tried to cover up his gross mismanagement and political manipulation of the Immigration Courts by falsely blaming migrants, their attorneys, and the Immigration Judges themselves for the mess he himself, and also to a large extent DHS, caused.

 

 

He also spread false narratives about “widespread asylum fraud” and made the demonstrably false claim that asylum applicants were somehow a “major cause” of 11 million (mostly hard-working and law-abiding) “illegals” as he liked to contemptuously call them in his racist lingo. I doubt that there have even been 11 million asylum applicants total since the enactment of the Refugee Act of 1980.

 

 

Certainly, the causes for our “extra-legal” immigration system go far beyond alleged asylum fraud (which, in fact, does exist on a much smaller scale and in my experience is generally effectively uncovered, investigated, and aggressively prosecuted by DHS). They are a direct result of outdated and misguided policies that failed to recognize legitimate market forces in creating legal immigration categories and a failure to fully carry out in a good faith manner our humanitarian obligations under the refugee laws and international conventions.

 

 

Fact is, even if restrictionists like Sessions won’t admit it, the vast majority of the 11 million undocumented individuals should have been screened and admitted under our legal immigration system. The U.S. Government created the problem; so far, they have lacked the honesty, leadership, and courage to fix it in a fair and humane way that will benefit both our country and the migrants, current and future. Immigrants are America. And, except for our Native American brothers and sisters, we are all immigrants!

 

That’s why we have the “New Due Process Army!” Enlist today, and help fight the forces of  “malicious incompetence” everywhere and for as long as it takes to win the battle and vindicate the Constitutional right of everyone in American to enjoy the benefits of Due Process of law.

 

PWS

01-31-19

 

 

 

 

 

 

INCONVENIENT TRUTH: HALEY SWEETLAND EDWARDS @ TIME TELLS WHAT TRUMP, MILLER, COTTON, SESSIONS, & THEIR WHITE NATIONALIST GANG DON’T WANT YOU TO KNOW: Human Migration Is A Powerful Force As Old As Human History; It’s A Plus For Receiving Nations; It Won’t Be Stopped By Walls, Jails, Racist Laws, Or Any Other Restrictionist Nonsense; But, It Can Be Intelligently Controlled, Channeled, Harnessed, & Used For The Benefit Of The U.S. & The Good Of The Migrants! — “But to maximize that future good, governments must act rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.”

http://time.com/longform/migrants/

Haley Sweetland Edwards writes in Time Magazine:

But they were willing to do whatever it took. Going back to Guatemala was simply not an option, they said. Monterroso explained that in October, their family was forced to flee after a gang threatened to murder the children if they didn’t pay an exorbitant bribe, five months’ worth of profits from their tiny juice stall. The family hid for a day and a half in their house and then sneaked away before dawn. “There is nobody that can protect us there,” Monterroso said. “We have seen in the other cases, they kill the people and kill their children.” Her voice caught. “The first thing is to have security for them,” she said of her kids, “that nothing bad happens to them.”

All told, more than 159,000 migrants filed for asylum in the U.S. in fiscal year 2018, a 274% increase over 2008. Meanwhile, the total number of apprehensions along the southern border has decreased substantially—nearly 70% since fiscal year 2000. President Donald Trump has labeled the southern border a national crisis. He refused to sign any bill funding the federal government that did not include money for construction of a wall along the frontier, triggering the longest shutdown in American history, and when Democrats refused to budge, he threatened to formally invoke emergency powers. The President says the barrier, which was the centerpiece of his election campaign, is needed to thwart a dangerous “invasion” of undocumented foreigners.

But the situation on the southern border, however the political battle in Washington plays out, will continue to frustrate this U.S. President, and likely his successors too, and not just because of continuing caravans making their way to the desert southwest. Months of reporting by TIME correspondents around the world reveal a stubborn reality: we are living today in a global society increasingly roiled by challenges that can be neither defined nor contained by physical barriers. That goes for climate change, terrorism, pandemics, nascent technologies and cyber-attacks. It also applies to one of the most significant global developments of the past quarter-century: the unprecedented explosion of global migration.

. . . .

They abandoned their homes for different reasons: tens of millions went in search of better jobs or better education or medical care, and tens of millions more had no choice. More than 5.6 million fled the war in Syria, and a million more were Rohingya, chased from their villages in Myanmar. Hundreds of thousands fled their neighborhoods in Central America and villages in sub-Saharan Africa, driven by poverty and violence. Others were displaced by catastrophic weather linked to climate change.

Taken one at a time, each is an individual, a mixture of strengths and weaknesses, hope and despair. But collectively, they represent something greater than the sum of their parts. The forces that pushed them from their homes have combined with a series of global factors that pulled them abroad: the long peace that followed the Cold War in the developed world, the accompanying expansion of international travel, liberalized policies for refugees and the relative wealth of developed countries, especially in Europe and the U.S., the No. 1 destination for migrants. The force is tidal and has not been reversed by walls, by separating children from their parents or by deploying troops. Were the world’s total population of international migrants in 2018 gathered from the places where they have sought new lives and placed under one flag, they would be its fifth largest country.

The mass movement of people has changed the world both for better and for worse. Migrants tend to be productive. Though worldwide they make up about 3% of the population, in 2015 they generated about 9% of global GDP, according to the U.N. Much of that money is wired home—$480 billion in 2017, also according to the U.N.—where the cash has immense impact. Some will pay for the passage of the next migrant, and the smartphone he or she will keep close at hand. The technology not only makes the journey more efficient and safer—smugglers identify their clients by photos on instant-messaging—but, upon arrival, allows those who left to keep in constant contact with those who remain behind, across oceans and time zones.

Yet attention of late is mostly focused on the impact on host countries. There, national leaders have grappled with a powerful irony: the ways in which they react to new migrants—tactically, politically, culturally—shape them as much as the migrants themselves do. In some countries, migrants have been welcomed by crowds at train stations. In others, images of migrants moving in miles-long caravans through Central America or spilling out of boats on Mediterranean shores were wielded to persuade native-born citizens to lock down borders, narrow social safety nets and jettison long-standing humanitarian commitments to those in need.

. . . .

The U.S., though founded by Europeans fleeing persecution, now largely reflects the will of its Chief Executive: subverting decades of asylum law and imposing a policy that separated migrant toddlers from their parents and placed children behind cyclone fencing. Trump floated the possibility of revoking birthright citizenship, characterized migrants as “stone cold criminals” and ordered 5,800 active-duty U.S. troops to reinforce the southern border. Italy refused to allow ships carrying rescued migrants to dock at its ports. Hungary passed laws to criminalize the act of helping undocumented people. Anti-immigrant leaders saw their political power grow in the Czech Republic, Slovenia, Sweden, Germany, Finland, Italy and Hungary, and migration continued to be a factor in the Brexit debate in the U.K.

These political reactions fail to grapple with a hard truth: in the long run, new migration is nearly always a boon to host countries. In acting as entrepreneurs and innovators, and by providing inexpensive labor, immigrants overwhelmingly repay in long-term economic contributions what they use in short-term social services, studies show. But to maximize that future good, governments must act -rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.

. . . .

But protocols and treaties can, at best, hope to respond to the human emotions and hard realities that drive migration. No wall, sheriff or headscarf law would have prevented Monterroso and Calderón, or Yaquelin and Albertina Contreras, or Sami Baladi and Mirey Darwich from leaving their homes. Migrants will continue to flee bombs, look for better-paying jobs and accept extraordinary risks as the price of providing a better life for their children.

The question now is whether the world can come to define the enormous population of international migrants as an opportunity. No matter when that happens, Eman Albadawi, a teacher from Syria who arrived in Anröchte, Germany, in 2015, will continue to make a habit of reading German-language children’s books to her three Syrian-born kids at night. Their German is better than hers, and they make fun of her pronunciation, but she doesn’t mind. She is proud of them. At a time when anti-immigrant rhetoric is on the rise, she tells them, “We must be brave, but we must also be successful and strong.” —With reporting by Aryn Baker/Anröchte, Germany; Melissa Chan, Julia Lull, Gina Martinez, Thea Traff/New York; Ioan Grillo/Tijuana; Abby Vesoulis/Murfreesboro, Tenn.; and Vivienne Walt/Paris •

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

I strongly encourage everyone to read Haley’s outstanding article at the link.  It is one of the best and most easily understandable explanations of a complex phenomenon that I have seen recently. As I always say, “lots of moving parts.” But Haley and her colleagues have distilled the fundamental truths concealed by this complexity. Congrats and appreciation to Haley and everyone who worked on this masterpiece!

Haley debunks and eviscerates the restrictionist, racist “fear and loathing” baloney that Trump and his White Nationalist gang peddle. The simple truth always has been and continues to be that America needs more immigration.

The only real question is whether we are going to be smart and funnel it into expanded legal and humanitarian channels or dumb like Trump and push the inevitable migration into an extra-legal system. The latter best serves neither our country nor the humans pushed into an underground existence where they can be exploited and are artificially prevented from achieving their full potential for themselves and for us. Right now, we have a mix skewed toward forcing far, far too many good folks to use the extra-legal system.

We’ll only be able to improve the situation by pushing the mix toward the legal and the humanitarian, rather than the extra-legal. That’s why it’s virtually impossible to have a rational immigration debate with folks like Trump who start with the racist-inspired fiction that migrants are a “threat” who can be deterred, punished, and diminished.

Contrary to Trump and the White Nationalists, the real immigration problems facing America are 1) how can we best integrate the millions of law-abiding and productive undocumented individuals already residing here into our society, and 2) how can we most fairly and efficiently insure that in the future individuals like them can be properly screened and come to our country through expanded humanitarian and legal channels. Until we resolve these, American will continue to founder with immigration and fail to maximize its many benefits. That’s bad for us, for migrants, and for the future of our nation.

As a reminder, in the context of Congressional negotiations on border security, I recently put together a list of “practical fixes” to the immigration system which would address border security, humanitarian relief, and improved compliance with Constitutional Due process without major legislative changes — mostly “tweaks” and other common sense amendments that would make outsized improvements and certainly would be an improvement on squandering $5.7 billion and getting nothing but a largely symbolic “instant white elephant” border wall in return.  So, here it is again in all its hypothetical glory:  “THE SMARTS ACT OF 2019:

https://wp.me/p8eeJm-3E3

SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019

  • Federal Employees
    • Restart the Government
    • Retroactive pay raise

 

  • Enhanced Border Security
    • Fund half of “Trump’s Wall”
    • Triple the number of USCIS Asylum Officers
    • Double the number of U.S. Immigration Judges and Court Staff
    • Additional Port of Entry (“POE”) Inspectors
    • Improvements in POE infrastructure, technology, and technology between POEs
    • Additional Intelligence, Anti-Smuggling, and Undercover Agents for DHS
    • Anything else that both parties agree upon

 

  • Humanitarian Assistance
    • Road to citizenship for a Dreamers & TPSers
    • Prohibit family separation
    • Funding for alternatives to detention
    • Grants to NGOs for assisting arriving asylum applicants with temporary housing and resettlement issues
    • Require re-establishment of U.S. Refugee Program in the Northern Triangle

 

  • Asylum Process
    • Require Asylum Offices to consider in the first instance all asylum applications including those generated by the “credible fear” process as well as all so-called “defensive applications”

 

  • Immigration Court Improvements
    • Grants and requirements that DHS & EOIR work with NGOs and the private bar with a goal of achieving 100% representation of asylum applicants
    • Money to expand and encourage the training and certification of more non-attorneys as “accredited representatives” to represent asylum seekers pro bono before the Asylum Offices and the Immigration Courts on behalf of approved NGOs
    • Vacate Matter of A-B-and reinstate Matter of A-R-C-G-as the rule for domestic violence asylum applications
    • Vacate Matter of Castro-Tum and reinstate Matter of Avetisyan to allow Immigration Judges to control dockets by administratively closing certain “low priority” cases
    • Eliminate Attorney General’s authority to interfere in Immigration Court proceedings through “certification”
    • Re-establish weighing of interests of both parties consistent with Due Process as the standard for Immigration Court continuances
    • Bar AG & EOIR Director from promulgating substantive or procedural rules for Immigration Courts — grant authority to BIA to promulgate procedural rules for Immigration Courts
    • Authorize Immigration Courts to consider all Constitutional issues in proceedings
    • Authorize DHS to appeal rulings of the BIA to Circuit Courts of Appeal
    • Require EOIR to implement the statutory contempt authority of Immigration Judges, applicable equally to all parties before the courts, within 180 days
    • Bar “performance quotas” and “performance work plans” for Immigration Judges and BIA Members
    • Authorize the Immigration Court to set bonds in all cases coming within their jurisdiction
    • Fund and require EOIR to implement a nationwide electronic filing system within one year
    • Eliminate the annual 4,000 numerical cap on grants of “cancellation of removal” based on “exceptional and extremely unusual hardship”
    • Require the Asylum Office to adjudicate cancellation of removal applications with renewal in Immigration Court for those denied
    • Require EOIR to establish a credible, transparent judicial discipline and continued tenure system within one year that must include: opportunity for participation by the complainant (whether Government or private) and the Immigration Judge; representation permitted for both parties; peer input; public input; DHS input; referral to an impartial decision maker for final decision; a transparent and consistent system of sanctions incorporating principles of rehabilitation and progressive discipline; appeal rights to the MSPB

 

  • International Cooperation
    • Fund and require efforts to work with the UNHCR, Mexico, and other countries in the Hemisphere to improve asylum systems and encourage asylum seekers to exercise options besides the U.S.
    • Fund efforts to improve conditions and the rule of law in the Northern Triangle

 

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

No, it wouldn’t solve all problems overnight. But, everything beyond “Trump’s Wall” would make a substantial improvement over our current situation that would benefit enforcement, border security, human rights, Due Process, humanitarian assistance, and America. Not a bad “deal” in my view!

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

PWS

01-27-19

 

 

HERE’S KATE DAVIDSON @ WSJ WITH OUR “DUH” ARTICLE OF DA DAY! – Destroying Is Easy, Fixing Is Hard — It’s Better NOT To Have An Incompetent Chief Executive

https://apple.news/APEHFZXOmRMuBB-MpjpX1Ag

Kate writes for the WSJ:

Federal employees will soon be called back to work, government buildings will reopen and services will resume—at least for the next three weeks—after President Trump and lawmakers struck a deal Friday to end the partial government shutdown.

But the logistics of getting the government and approximately 380,000 furloughed federal workers fully up and running again won’t be so simple.

The Office of Management and Budget director is expected to issue an official memo to all agencies telling them to take the appropriate steps to reopen the government. It’s unclear how long that process will take, after more than a month of disruptions to services across nine different federal agencies.

The Office of Personnel Management has asked workers to watch the news and report to work on the next scheduled working day as soon as they see that new funding legislation is enacted.

Many of those workers have been away from office computers and work phones for more than a month, and will return to expired passwords and a backlog of work.

. . . .

*******************************************s

Read Kate’s complete article at the link.

When you work for a large corporation with a malicious moron for a CEO and a “Board of Directors” (a/k/a GOP) composed mainly of sycophants and grifters, “bad things will happen.”

For destroying American Government for no reason at all, Trump, his GOP “fellow travelers,” along with his “tone-deaf” grifter cronies like Commerce Sec. Wilbur Ross get the “Courtside Five Clown Award.” 🤡🤡🤡🤡🤡

PWS😎

01-26-19

 

TRUMP SIGNS CEASE-FIRE IN HIS WAR ON AMERICA!

TRUMP SIGNS CEASE-FIRE IN HIS WAR ON AMERICA!

TAKEAWAYS

  • Trump is an idiot

  • A very dangerous one

  • Who couldn’t negotiate his way out of a paper bag

  • The GOP has nothing but contempt for our country, our Government, our workers, and the collective intelligence of our people

  • Together, Trump and the GOP are the biggest threat to our nation since the Civil War

  • We’re not ”back to ground zero;” Trump has inflicted perhaps irreparable damage on America

  • America’s greatness is based heavily on the basic honesty, professionalism, dedication, and competence of its civil servants; Trump has broken, perhaps irrevocably, the bond of trust and respect with civil servants

  • Our survival as a nation over the next two years will largely depend on Speaker Nancy Pelosi’s political skills in limiting the damage Trump and the GOP can inflict on our country

PWS

01-26-19

🤡CLOWN-OCRACY: Trump & GOP Shut Down Our Government — With America Failing, Gov. Workers In Soup Lines, & The Possibility Of Starting A Worldwide Recession, They Have No “Exit Strategy!”

https://www.wsj.com/articles/senate-to-weigh-trumps-proposal-to-end-shutdown-with-passage-unlikely-11548095329

Rebecca Ballhaus and Kristina Peterson report for the WSJ:

WASHINGTON—The Senate this week is expected to vote on a border-security proposal put forward by President Trump that is unlikely to garner enough support to cross procedural hurdles, leaving no clear path forward as the partial government shutdown stretches into its fifth week.

The White House and Republican congressional leaders don’t appear to have crafted any contingency strategy if the president’s proposal fails a Senate vote.

“No idea,” one White House official said, asked about backup plans to end the shutdown. The White House didn’t respond to a request for comment.

Mr. Trump, in a Saturday address from the White House, called for $5.7 billion to pay for steel barriers on the U.S. border with Mexico, as well as funding for other border-security enhancements, in exchange for three years’ protection from deportation for some undocumented immigrants.

Trump Offers DACA Protections in Exchange for Wall Funding

In an address to the nation, President Trump laid out a proposal in which he offered a three-year protection to some undocumented immigrants in exchange for $5.7 billion in wall funding. Photo: Associated Press

Democrats rejected the proposal, with House Speaker Nancy Pelosi calling it a “nonstarter” and saying that it lacked a permanent solution for young immigrants who were brought to the U.S. illegally as children. Those people are now protected by the Obama-era Deferred Action for Childhood Arrivals program, known as DACA.

“Nothing has changed with the latest Republican offer; President Trump and Senate Republicans are still saying: ‘support my plan or the government stays shut.’ That isn’t a compromise or a negotiation—it’s simply more hostage-taking,” Justin Goodman, a spokesman for Senate Minority Leader Chuck Schumer (D., N.Y.), said Monday in a statement.

. . . .

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

Read the complete article in the WSJ at the above link.

Every day must be a “Field Day” for KGB Officer turned Russian President Vladimir Putin. After all, nobody is shutting down his government, and his puppet Trump and his GOP “fellow travelers” are leading the assault on the U.S. Government, once his greatest enemy now reduced to the status of a third world “clown republic.” (For those of you who haven’t done asylum cases, rampant executive corruption, favoritism, and attacks by autocrats on their own governments and own citizens for various nefarious reasons are fairly common in the banana republics and third world dictatorships from which refugees flee.)

Who would have thought that one of the richest countries in the world would force its government workers to stand in food lines and seek dog walking jobs to survive? And the best thing for Vladi: a clueless minority of 4 in 10 “Americans” still support his scheme to turn the U.S. into a Russian “client state” (the 21st Century version of the “Soviet Satellite.”) Somewhere out there in the after world, Stalin, Khrushchev, and other departed Soviet leaders must be scratching their collective heads and asking “What did we do wrong? Was it really that simple? Where was Trump when we needed him?”

Don’t be fooled by any of the BS about this being a “joint failure” with the Dems. Trump said he’d shut down our country for his stupid “Wall.” With the help of McConnell and an enabling GOP he’s destroying America — just like he said he would. And, just as Putin wishes him to do!

For wittingly or unwittingly doing the bidding of Vladimir Putin and aiding America’s enemies by destroying American Government and diminishing America domestically and internationally, Trump, McConnell, and their band of GOP enablers get today’s Courtside “Five Clown Award.”

🤡🤡🤡🤡🤡

PWS

01-22-19

 

 

COURTSIDE EDUCATION: INSIDE TODAY’S PUBLIC TEACHING PROFESSION WITH ANNA PATCHIN SCHMIDT — “The morale of teachers is a pretty good gauge for the future of our nation. No one will escape the ramifications of deprioritizing public education.”

Anna writes on Facebook:

I have a question for you. If you learned that the attached quote was functioning as someone’s daily mantra or motivation, what job or endeavor would you imagine that person to be connected to? Perhaps an investigative journalist exposing some hard truths. Maybe a civil rights lawyer. Maybe someone speaking up about an abusive relationship. Perhaps, even, someone gearing up for battle. With that in mind, what does it mean that on a Wednesday morning last week, I came into my classroom and saw this quote on my daily feminism calendar and connected with it so deeply that I had to tape it next to my desk? I am a teacher, people. I work with children. What does that say to you about the conditions that public school teachers are working under? I came in this morning to a quiet classroom, empty of students for the weekend, and only then did I have the rare clarity of mind to see the quote taped there and recognize something: it isn’t right that I need this here; it isn’t normal and it most certainly is not acceptable. Sometimes I feel like I AM gearing up for battle. There are days, weeks, or even months in this profession that are so hard that I question whether I’m going to make it another 25 years. I think I can. I know I want to. But sometimes when I think about my emotional and physical well-being, I wonder if I should keep going. I don’t blame my administrators: they are just finding temporary loopholes in a broken system. I don’t blame parents: teachers are an easy scapegoat when life is hard and unfair. I don’t even blame the students: we raised them, after all. The morale of teachers is a pretty good gauge for the future of our nation. No one will escape the ramifications of deprioritizing public education. And yet, I AM still here. I AM sticking around. Silence from me is only an indication that I have thoughts brewing.

(Disclaimer: It’s sad that I feel a need to point this out alongside every post I make about education, but please do not file this post as reason number 472 why you aren’t going to send your kid to public school. You might have come to that decision for different reasons that I hope have nothing to do with me. I don’t think it’s right to sugarcoat or hide the hard truths about public education just because I’m scared someone will read them and bolt. At the end of the day, I don’t just send my kids to the public school around the corner and teach in another because I think I should- I actually feel fortunate to do so.)

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

I’m sure there are many U.S. Immigration Judges, Immigration Court Clerks, pro bono lawyers, and other dedicated and talented government employees who feel the same way. Public institutions are essential to a great future. Once destroyed, they won’t easily, if ever, be rebuilt.

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

Anna Patchin Schmidt is a Middle School English teacher in the Public Schools of Beloit, Wisconsin, where she lives with her husband, Professor Daniel Barolsky, and their three children Oscar, Eve, and Atticus.  Oscar and Atticus attend a bilingual program at Todd Elementary School, a Beloit Public School, where Eve will go next year. Anna holds a B.A. and a B.Mus., both with honors, from Lawrence University in Appleton, Wisconsin where she was also a member of Phi Beta Kappa. She received her M.A. in Education from the University of Wisconsin-Oshkosh. She is also certified to teach English Language Learning and did so in the Menasha and Walworth, Wisconsin Public School Systems before joining the Beloit System. She and Daniel are dedicated members of the “Beloit Proud” Movement, and she is also a qualified Doula who has assisted in the delivery of several babies. Anna grew up in Alexandria, Virginia, where she attended Alexandria City Public Schools (as did her brothers, Wick & Will) and graduated from T.C. Williams High School (“Remember the Titans”) with honors, earning 12 varsity letters, rowing on several championship crew teams, and playing oboe in the T.C. Williams Band. She is our daughter.

PWS

01-21-19

TAL @ SF CHRON: Dreamer Deal To End Shutdown Seems Unlikely — PLUS BONUS COVERAGE: My Essay “Let’s Govern!”

https://www.sfchronicle.com/politics/article/Why-a-DACA-deal-to-end-the-shutdown-is-unlikely-13517915.php?t=e29fabd761

Tal reports:

WASHINGTON — A perennial trial balloon is once more floating on the horizon: Could protecting young undocumented immigrants from deportation in exchange for border security money get Washington out of a lengthy government shutdown?

The idea is already rapidly falling back to Earth.

President Trump and House Speaker Nancy Pelosi, D-San Francisco, have both brushed aside suggestions that passing protections like the Deferred Action for Childhood Arrivals program could be a way out of the shutdown, which is nearing the end of its third week with no hint of a resolution.

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DACA temporarily protects many undocumented immigrants who arrived in the U.S. under the age of 16 from being deported. Trump, whose attempt to end DACA is tied up in the courts, said Sunday that he would “rather have the Supreme Court rule and then work with the Democrats” on extending protections for program recipients.

“They’re two different subjects,” Pelosi said last month when asked about trading DACA for Trump’s southern border wall — $5.7 billion for which he is demanding before he will sign any government funding bills for the agencies that have been shut down.

Democrats are not universally against the idea. San Mateo Rep. Jackie Speier told MSNBC last week that she “personally would support it” and “there is a willingness to look” at a DACA-for-wall money deal in the caucus. DACA protections for nearly 700,000 immigrants nationwide, 200,000 of whom are in California, are in limbo, and hundreds of thousands more would be eligible for the program.

But numerous other Democrats — including several on the influential Hispanic, Asian Pacific and black caucuses that have leadership’s ear on immigration — said a DACA deal involving wall money is a nonstarter in shutdown negotiations without serious and uncharacteristic overtures from Trump.

Here’s why it’s unlikely:

Trump thinks time, and the Supreme Court, are on his side. The White House believes the court will ultimately invalidate the Obama-era DACA program or side with Trump’s attempt to end it, which has been blocked by lower courts. When that happens, the administration believes, Trump will have more leverage to cut a better deal with Democrats desperate to keep sympathetic young DACA recipients from being deported, and Congress will be forced to deal with a dilemma it has long avoided.

Democrats don’t trust Trump, who has walked away from a number of DACA proposals in the past year. “Donald Trump is not a deal-maker, he’s a deal-breaker,” said Rep. Ruben Gallego, D-Ariz. “We’ve seen this happen numerous times, and we’re not going to come approach him with a deal that he’s only going to take and then reject and then come back and move the goalposts on.”

Pelosi is in touch with her base, and her base isn’t eager to broach that deal. “People don’t want to trade a wall for something that isn’t even real,” said Rep. Pramila Jayapal, D-Wash., co-chair of the Congressional Progressive Caucus. “People don’t want a wall, period, and I think there’s no trust that there’s any credible negotiation around something positive on immigration, given (Trump’s) history.”

Trump wants much more on immigration than just physical border security, where there are some areas of potential compromise. A presentation that Homeland Security Secretary Kirstjen Nielsen prepared for congressional leaders last week included calls not just for the wall, but the rollback of a bipartisan bill designed to protect human trafficking victims and a court-ordered settlement intended to safeguard immigrant children. Both of those are nonstarters with Democrats, who say the protections are needed and getting rid of them does not promote border security.

Republicans question whether Democrats are as motivated as they say they are to resolve the DACA issue. They’re skeptical Democrats want to take the political leverage off the table. Rep. Mario Diaz-Balart of Florida, a moderate Republican who has long worked on immigration reform, called the potential to get a deal out of the shutdown fight the “opportunity of a lifetime.”

“It requires the Democratic leadership to actually do something that they have not done in the past,” Diaz-Balart said, “which is match their rhetoric on DACA with actual action.”

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. Email: tal.kopan@sfchronicle.com Twitter: @talkopan

 

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

HERE’S YOUR “BONUS COVERAGE” ESSAY FROM “COURTSIDE:”

LET’S GOVERN!

By

Paul Wickham Schmidt

United States Immigration Judge (Retired)

I still think the best deal for America would be some form of “Wall for Dreamers” compromise. To me, the huge downside of “The Wall” would be more than offset by getting 800,000 great American young people — literally the future of our country – out of the shadows and contributing their maximum skills, talents, and creativity to making America really great (not the hollow mockery of “greatness’ peddled by Trump and his base).

But, Tal’s usually got her head “closer to the ground” than I do these days from my retirement perch in Alexandria. So, I’ll assume for the purposes of this piece that Tal is correct and that the “great compromise” isn’t in the cards – at least at this time.

So, where does we go from here? This is crystal clear: Trump can neither govern in America’s best interest nor can he cut any reasonable deal. So, it seems like the only alternative for America is for the Democrats in Congress to get together with the GOP and develop a plan for governing in the absence of a competent Executive. That means passage of “veto-proof” legislation that also places some specific limits and directions on Executive actions.

What could a “veto proof” compromise to reopen Government look like.  Well, of course, to start it must fund the affected Government agencies through the end of the fiscal year.

But, it also could include a robust $5.9 Million “Border Security” package.  Here’s what could be included:

  • Additional Asylum Officers;
  • Additional port of entry inspectors;
  • Additional Immigration Judges and court staff;
  • Additional funding for Office of Refugee Resettlement for health and safety of children;
  • Required e-filing and other management improvements at EOIR (including elimination of counterproductive “quotas” on judges, and providing at least one judicial law clerk for each judge);
  • Additional Assistant Chief Counsel for ICE;
  • Funding for counsel for asylum applicants and resettlement agencies;
  • Additional Anti-Smuggling, Intelligence, and Undercover Agents for DHS;
  • Smart Technology for and between ports of entry at the border and the interior;
  • Required improvements in management planning, hiring, and supervision within DHS;
  • Limitations on wasteful immigration detention (including a prohibition on long-term detention of children except in limited circumstances) and reprogramming of detention funds to alternatives to detention;
  • Funding for additional border fencing or fencing repairs in specific areas with an express prohibition on additional physical barriers without a specific appropriation from Congress.
  • Assistance to Mexico, the UNHCR, and other countries in the hemisphere to improve refugee processing and address problems in the Northern Triangle;

Sure, Trump could, and maybe would, veto it – although he’d be wise not to. And, I suppose, that veto, which would be overridden, could be the “red meat” for his base that he apparently favors over the “art of governing.”

But, in the meantime, Congress would fulfill its important role of governing in a bipartisan manner that will keep America moving forward even in the times of a weak and incompetent Executive. And, unlike the bogus “Wall,” the foregoing measures would actually contribute to our country’s security and welfare without wasting taxpayers’ money or trampling on individual rights and legal obligations. In other words, “smart governance.” That seems like a fair and worthy objective for both parties in Congress.

PWS

01-09-19

 

 

 

ELIZABETH BRUENIG @ WASHPOST: Advice For Dems in 2020: Don’t Count Out The Possibility Of Standing Up For Values As Part Of A Winning Strategy!

https://www.washingtonpost.com/opinions/my-advice-to-progressives-dont-back-down/2018/12/14/b6e0bacc-ffbf-11e8-862a-b6a6f3ce8199_story.html?utm_term=.5aa9cb81d603

Elizabeth writes:

A reductive, but not incorrect view of the Democratic debacle in the 2016 elections holds that when President Trump took office, centrists lost the present and leftists lost the future. In 2020, Democrats will have a new opportunity to either reach backward for the Obama era, or to lay the foundation for a bolder, progressive future. Deciding which goal to pursue will likely become the chief party fault line as the 2020 primaries approach. My advice to progressives: Don’t back down.

For the party’s center-leaning establishment, a return to the Obama era makes sense. Centrists were happy then — thrilled to witness the passage of health-care reform that did something but not too much (so long, public option !), comfortable with what one might gently label a muscular foreign policy , pleased with the recovery from the 2008 financial crisis, though it came at the expense of homeowners in foreclosure while coddling Wall Street . All in all, things seemed stable and sustainable. Only tweaks and patches lay ahead.

But then, history — presumed dead by those who believed, with socialism extinguished, the future held nothing but increasing gains for liberal democracy — happened again. The 2016 election witnessed a swell of populist disenchantment with the status quo and concluded with the election of Trump. With Trump came a queasy uncertainty that still characterizes politics to this day,leaving old norms dissolved and common sense unequal to its task.

So much of centrist-Democrat fantasizing about 2020 already seems aimed at repeating a golden past. Consider the groundswell of interest in Beto O’Rourke, the Texas congressman who narrowly lost his recent Senate race against Sen. Ted Cruz. For Democrats excited about O’Rourke, his primary draw is his similarity to Barack Obama — both in form and content. O’Rourke has held conversations with the former president about a possible run, to build on a belief that O’Rourke, as my colleague Matt Viser described it, is “capable of the same kind of inspirational campaign that caught fire in the 2008 presidential election.”

O’Rourke’s politics also fall into the same ambiguously centrist zone as Obama’s. “Like Mr. Obama as he entered the 2008 campaign, Mr. O’Rourke can be difficult to place on an ideological spectrum, allowing supporters to project their own politics onto a messaging palette of national unity and common ground,” a recent New York Times report observed . Meanwhile, other candidates straight from Obama’s orbit — such as former vice president Joe Biden and former housing secretary Julián Castro — are also eyeing the nomination, with appeals to unity and centrist perspectives.

When not absorbed in hopes of re-creating the Obama era, Democrats mainly seem intent on beating Trump, with little comment or insight, at least so far, on what they will do with power once they have it. (After I questioned in my last column whether O’Rourke has demonstrated serious commitment to progressive values, some readers responded by arguing they’re glad he hasn’t — that Democrats need to run an Obama-style centrist to win back conservatives who might otherwise favor Trump. “A too-progressive Democratic nominee in 2020,” one reader wrote, “would be a gift to President Trump.”) Likewise, at a recent event in New York, former FBI director James B. Comey implored Democrats to put aside their political projects in favor of an all-consuming focus on simply beating Trump . “I understand the Democrats have important debates now over who their candidate should be,” Comey said, “but they have to win. They have to win.”

Presidential elections provide an opportunity for parties to identify and rally around their principles — and even to radically reshape them. If all the Democrats can manage is to hark back to the past and focus on winning for its own sake, they’re missing an opportunity to lay out a blueprint for the future. I don’t think that putting forth progressive priorities is incompatible with beating Trump; in fact, I think that having a clear and persuasive vision of what a better America can look like is likely to be more attractive to voters than promising them something vaguely like the past. One of the political lessons of recent years is that history is never over. The future is waiting, if we want to build it.

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

Certainly the Obama Administration was “golden” by comparison with the current corrupt, White Nationalist regime that has made overt racism and hate front and center. However, despite some good things like DACA, stateside processing, and a late stab at wider use of prosecutorial discretion (“PD”), Obama was fairly disappointing from an immigration standpoint.

Under Obama, there was lots of ambiguity and misdirected enforcement, substantial overuse of detention (particularly substandard private detention), and the forerunner of the Trump Administration’s failed “border deterrence” strategy. Obama folks didn’t seek and glory in the cruelty and dehumanization the way that this Administration does. But, in human terms, the results often were similar for the individuals concerned: split families, indefinite detention, kids in jails, a failing U.S. Immigration Court system, and only a smattering of real “immigration pros” in key positions where they too often were not ” driving the train” or being taken seriously.

Can an immigration system based on the reality that immigration is good and necessary for our country, a professionally run independent U.S. Immigration Court dedicated to Due Process with efficiency, a more robust acceptance of refugees, a secure border, cooperation with the international community in solving problems, and treating those who can’t be accepted fairly, humanely, and respectfully be part of winning political strategy?

PWS

12-17-18

CATHERINE RAMPELL @ WASHPOST: Trump’s Immigration Restrictionism Is Destroying America, One Dumb White Nationalist Scheme At A Time! – How Racist Stupidity Is Sending “The Best & Brightest” Students Elsewhere, To Our National Detriment! — A WINNER OF THIS WEEK’S “FIVE CLOWNS” AWARD!

https://www.washingtonpost.com/opinions/one-of-americas-most-successful-exports-is-in-trouble/2018/12/13/f7234e8c-ff1b-11e8-83c0-b06139e540e5_story.html?utm_term=.9b66721395b9

Catherine writes:

One of America’s most successful exports is in trouble.

For decades, the U.S. higher-education system has been the envy of the world. We “sell” much more education to other countries than we “buy” from them; nearly three times as many foreign students are currently studying here as we have abroad.

In trade terms, this means we run a massive surplus in education — about $34 billion in 2017, according to Commerce Department data. Our educational exports are about as big as our total exports of soybeans, coal and natural gas combined.

But all that may be at risk.

A recent report from the from the Institute of International Education and the State Department found that new international student enrollments fell by 6.6 percent in the 2017-2018 school year, the second consecutive year of declines. A separate, more limited IIE survey of schools suggests that the declines continued this fall, too.

To be sure, some of the forces behind these decreases are beyond our (or President Trump’s) control. Some foreign governments, such as Brazil and Saudi Arabia, have reduced the scholarships that previously sent significant numbers of students to the United States, according to Peggy Blumenthal, senior counselor to the president at IIE.

China, whose students represent about a third of U.S. international student enrollment, has been investing in improving its own domestic university system, too.

But according to the schools that are now watching the trend, the biggest forces deterring international students are U.S. policy and U.S. culture.

“They see the headlines and they think that they’re no longer wanted in the United States,” said Lawrence Schovanec, president of Texas Tech University, whose foreign student enrollment declined by 2 percent this year. Sixty percent of schools with declining international enrollment, in fact, said that the U.S. social and political environment was a contributing factor, according to the IIE survey.

The most frequently cited issue, however, was “visa application process or visa issues/delays.” In the fall 2018 survey, 83 percent of schools named this as an issue, compared with 34 percent in fall 2016.

Problems began — but didn’t end — with Trump’s Muslim ban. Schools have seen students trapped abroad and have since advised some students not to go home before graduation lest they get stuck trying to come back. Said Bennington College President Mariko Silver, “We’ve seen individual students who have contacted us with the desire to come and have pulled out of the process.”

Boo-hoo, Trump supporters might say. What’s the big deal if some foreigners stay home?

Forget the feel-good explanations about how international students enrich the campus environment (which I don’t dispute). The students who come here also spend cold, hard cash: on tuition, travel, books, food, housing.

A lot of jobs depend on those students. American colleges and universities alone employed 3 million people in 2017. For context, that dwarfs the entire agriculture, forestry, fishing and hunting sector.

And contrary to perceptions that foreign students take spots that belong to Americans, at many schools they’re enabling more American students to get a degree.

In the years after the financial crisis, as states slashed budgets for higher education, schools helped make up the shortfall by enrolling more out-of-state and international students. These students generally pay full tuition, and their higher fees are used to cross-subsidize lower, in-state tuition rates (and scholarships) of American classmates.

No wonder that the University of Illinois at Urbana-Champaign recently paid $424,000 to insure itself against a significant drop in tuition revenue from Chinese students.

More significantly, a continued drop-off in international students could cause serious pain beyond academia.

Foreign students come here in part because they’re interested in staying after graduation and working here. They disproportionately study fields that U.S. employers demand, and that U.S. students avoid. Foreign students now represent a majority of computer science and engineering graduate programs at U.S. universities, for instance.

That talent pipeline may be drying up.

Foreigners are experiencing more visa issues not only when they apply to study but also when they apply to stay and work. That might be one reason more than half of the decline in total enrollment last year was due to fewer students from India in computer science and engineering grad programs.

Our loss has become other countries’ gain. We’re still the top destination for foreign students, but Australia and Canada have each seen their international enrollments rise by double-digit percentages in the past year. They’re enticing students in word and in deed, with messages of welcome and expedited visas.

Trump likes to say that our allies are taking advantage of us on trade. In this case, would you really blame them?

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

Yup. “Bad things happen” when countries allow themselves to be ruled by bad leaders whose policies are driven by irrational fear, racism, and nationalist jingoism.  They lose out to countries whose policies are governed by “enlightened self-interest” and a sense of belonging to a larger community.

Great job by Catherine of picking up on a “below the radar” way in which Trump is destroying America.

For its toxic mix of stupidity, xenophobia, racism, and incompetence in its policies toward nonimmigrant students, the Trump Administration earns this week’s coveted “Five Clowns Award!”

🤡🤡🤡🤡🤡

PWS

12-14-18

THE HILL: Nolan Says Visa Waiver Overstays & Wage & Hour Laws Should Be Enforcement Priorities

https://thehill.com/opinion/immigration/421140-trump-is-not-a-skunk-but-we-need-more-than-just-a-wall

Family Pictures

Nolan writes:

. . . .

Trump’s border security funding request therefore should include measures to locate and remove overstays. He could start with the overstays who used the Visa Waiver Program (VWP) to come here.

This program allows eligible visitors from 38 countries to enter the United States for 90 days as nonimmigrant visitors for business or pleasure without obtaining a visa from an American consulate office.

VWP overstays totaled 379,734 from fiscal 2015 through fiscal 2017. No one knows how many overstayed in the 27-year period between the inception of the program in 1988, and when DHS began recording entry/exit data for fiscal 2015.

They can be removed without adding to the immigration court backlog crisis. If a VWP alien does not leave at the end of his admission period, he can be sent home on the order of a district director without a hearing before an immigration judge, unless he applies for asylum or withholding of removal.

Perhaps Trump should request legislation to remove aliens from the program who may not be bona fide visitors, such as young men who are unemployed. Restrictions are already in place to remove aliens from the program for security reasons.

Nationals of VWP countries who have been in Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011, are not allowed to use the program. They may still be able to come here, but they will have to go through the visa application screening process.

Trump also should request funding to address the incentives that encourage illegal border crossings, such as the “job magnet.”

The Immigration Reform and Control Act of 1986 (IRCA) added section 274A to the Immigration and Nationality Act to provide sanctions for employers who hire aliens who are not authorized to work in the United States. But the program has never been fully implemented.

The Trump administration has increased worksite enforcement efforts. In fiscal 2018, the Homeland Security Investigations office opened 6,848 worksite investigations, compared to 1,691 in fiscal 2017. But there are more than 30.2 million businesses in the United States.

A new approach is needed.

DOL enforces federal labor laws that were enacted to curb such abuses, such as the Fair Labor Standards Act which established a minimum wage, overtime pay, and other employment standards. With additional funding, DOL could mount a large-scale, nationwide campaign to stop the exploitation of employees in industries known to hire large numbers of undocumented immigrants.

. . . .

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

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

These seem like reasonable enforcement strategies that could garner bipartisan support. Wonder why the Administration hasn’t made them priorities to date?

PWS

12-13-18

 

THE LEVIN REPORT: Yes, We’re Being Governed By An Idiot! – As His Policies Help Destroy Ohio Jobs, “The Don” Threatens To Kneecap GM’s Mary Barra (For The Kind Of “Business Decision” To Screw Workers That He Made On A Frequent Basis)

NY TIMES: David J. Bier @ CATO Tells How Trump is Skirting Congress & The Law To Destroy Legal Immigration & Darken The Future Of America!

https://www.nytimes.com/2018/11/15/opinion/trump-legal-immigrants-reject.html

David J. Bier writes in the NY Times:

At his postelection news conference, President Trump said of immigrants traveling to the United States, “I want them to come into the country, but they need to come in legally.” Yet newly released government data show that so far in 2018, the Trump administration is denying applications submitted to the United States Citizenship and Immigration Services at a rate 37 percent higher than the Obama administration did in 2016.

This makes no sense: Depriving immigrants of legal immigration options works against the president’s stated goal of increasing economic growth.

A new analysis for the Cato Institute has found that the Department of Homeland Security rejected 11.3 percent of requests to the immigration agency, which include those for work permits, travel documents and status applications, based on family reunification, employment and other grounds, in the first nine months of 2018. This is the highest rate of denial on record and means that by the end of the year, the United States government will have rejected around 620,000 people — about 155,000 more than in 2016.

This increase in denials cannot be credited to an overall rise in applications. In fact, the total number of applications so far this year is 2 percent lower than in 2016. It could be that the higher denial rate is also discouraging some people from applying at all.

In 2018, the D.H.S. turned away 10 percent of applicants for employment authorization documents compared with 6 percent in 2016, and it rejected applications for advanced parole — which gives temporary residents the authorization to travel internationally and return — at a clip of 18 percent, more than doubling the rate in 2016. Even skilled workers are being rejected at higher rates. The denial rate for petitions for temporary foreign workers shot to 23 percent from 17 percent. The application for permanent workers saw denials rise to 9 percent from 6 percent.

The largest increase in the denial rate for family-sponsored applications, for petitions for fiancés, rose to 21 percent from 14 percent.

Greg Siskind, a Memphis-based immigration attorney with three decades of experience, told me that these numbers back up the anecdotes that he has been hearing from colleagues across the country. The increase in denials, he said, is “significant enough to make one think that Congress must have passed legislation changing the requirements. But we know they have not.”

So what is going on?

Last year, the Trump administration increased the length of immigration applications by double, triple or even more, making them more time-consuming and complicated than ever. This made mistakes far more likely. This year, it also made it easier to deny applicants outright without giving them an opportunity to submit clarifying information. The agency has also made moves to police caseworkers who may be, in its view, too lenient.

Mr. Trump’s political appointees to the D.H.S. have also seized on his rhetorical attacks on immigrants, as well as executive orders like the “Buy American and Hire American” order and another mandating extensive vetting of foreigners, as a justification for a crackdown on legal immigration.

As a result of all this, total immigration to the United States has declined under President Trump, and fewer foreign travelers have been entering the country. These trends are surprising, because the economies of the United States and almost all other countries are growing, which usually generates more travel and immigration. The best explanation for this discrepancy is that the president’s policies are having their intended effect: reducing legal immigration to this country.

This is happening at a time when there are more job openings than job seekers in the United States. This month, Federal Reserve Chairman Jay Powell stated that fewer immigrants and foreign workers would slow economic growth by limiting the ability of businesses to expand.

On some level, President Trump appears to understand this reality, but his policies are making the situation worse.

David J. Bier is a policy analyst at the Cato Institute.

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The answer is actually pretty simple, David. Trump lies, particularly when he repeats the racist restrictionist disingenuous claim that he “just wants legal immigrants.” I call BS! His pejorative use of the term “chain migration” and his bogus proposals for a fake “merit based” (read “no”) immigration system clearly belies any such claim.

In addition to being a congenital liar and proudly ignorant in an intellectual sense, Trump is a White Nationalist racist who hates all immigrants except, perhaps, his current wife and a few White Christian guys from Europe with PhDs. (Although, he really doesn’t like Europeans, Canadians, or any other type of “foreigner” who isn’t a human rights violating despot, leading to the conclusion that he truly despises human rights of any kind.)

His policies are driven by a toxic combination of intentional ignorance, hatred, White Nationalism, and political opportunism. You don’t have to be a rocket scientist to know that policies driven by such evil and irrational motives are going to produce irrational and highly counterproductive results.

Welcome to the Age of Trump & His GOP, David! Where’ve you been? What have you and your colleagues at CATO been doing to insure that Trump and the GOP are sent packing and replaced with leaders (e.g., Democrats, at least at present) who both understand and are willing to stand up for the national interest?

CATO is supported to a large extent by the Koch Bros. While I actually agree with some of their ideas, respect that they actually employ folks producing useful goods and apparently treat them reasonably well, and I occasionally attend CATO seminars, the “Bros” generally have been supporters and enablers of Trump, Pence, and the current GOP kakistocracy.

They helped prop up the truly reprehensible Scott Walker who wasted money, divided Wisconsin, demeaned education, tanked the infrastructure, screwed the environment, and diminished the state in almost every way. It turned what had been a fairly progressive, “midwest friendly,” and cooperative state into a leader in the “race to the bottom.” And, their support for the ugly and unprincipled opposition to Senator Tammy Baldwin was beyond despicable!

I think you and your CATO colleagues largely see where history is going. But, until you get out there and actively work for the Constitutional removal of Trump (and his toady Mike Pence), the defeat of the “Trump GOP,” and the return of “government for all the people” you will remain on the “wrong side of history.” Your dream of an economically prosperous and powerful America continuing to lead the world into the future will be just that — a dream that will never be fulfilled as long as racism and White Nationalism overrule reason!

America needs a two party system (or more). And, I believe there’s plenty of room and a need for a fiscally conservative, pro business, labor friendly, non-racist, non-White-Nationalist, non-homophobic party that challenges the idea that we can solve all problems by just throwing money at them. Not saying I’d join it, but I can see the need for it. But, the current GOP is nothing of the sort — talk about disingenuous rhetoric and total fiscal irresponsibility!

PWS

11-16-18

 

TRUMP LACKS EMPATHY, HONESTY, VALUES, & FUNDAMENTAL DECENCY: Bess Levin @ Vanity Fair On The Latest Escapades Of America’s Most Notorious Sociopath!

https://www.vanityfair.com/news/2018/11/donald-trump-puerto-rico-funding?mbid=nl_CH_5be9ce24cac6392da6572bd6&CNDID=48297443&utm_source=nl&utm_medium=email&utm_brand=vf&utm_mailing=vyf_vanityfair_news_newdb_active_20181112%20(1)&bxid=MjMzNDQ1MzU1ODE2S0&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&spMailingID=14604914&spUserID=MjMzNDQ1MzU1ODE2S0&spJobID=1520941540&spReportId=MTUyMDk0MTU0MAS2

Bess writes:

Donald Trump has never had a particularly good track record when it comes to Puerto Rico. After Hurricane Maria ravaged the island in September 2017, the president took nearly a week to even mention the catastrophe, and when he did, it was to scold the U.S. territory for owing Wall Street money. A short time later, he deemed it appropriate to publicly trashthe mayor of San Juan, for the crime of requesting more relief funds. When he finally saw fit to visit the disaster zone, he told the locals that their hurricane wasn’t “a real catastrophe like Katrina.” In September, to commemorate Maria’s one-year anniversary, he smeared 3,000 dead Puerto Ricans by claiming that the death count was a hoax cooked up by Democrats to make him look bad. And now, he’s reportedly decided to really cement his legacy in the territory by trying to end relief funding, despite the fact that the situation remains dire.

Axios reports that Trump told senior White House officials last month that he wants to “claw back” some of the federal money Congress has set aside for Puerto Rico’s recovery, claiming that the local government has been “mismanaging” it. The basis for such a claim? Apparently Baby Huey read an article in The Wall Street Journal noting that “Puerto Rico bond prices soared . . . after the federal oversight board that runs the U.S. territory’s finances released a revised fiscal plan that raises expectations for disaster funding and economic growth,” and got it in his head, sans any evidence, that Puerto Rico has been using disaster funds to pay down its debt. That naturally lead to an utterly baseless tweet about “inept politicians . . . trying to use the massive and ridiculously high amounts of hurricane/disaster funding to pay off other obligations,” and a threat to cut off funding. Shortly thereafter, the perennial bankruptcy artist reportedly let it be known that he didn’t want to include any additional money for Puerto Rico in future spending bills and wanted to try and take back funding that had already been allocated by Congress.

Luckily, despite Trump’s wishes, he can’t actually take away disaster funds that have already been approved by Congress. But he could refuse to sign future spending bills that include more money for Puerto Rico’s recovery. To put that possibility into perspective, the federal government has thus far spent more than $6 billion on relief funding for Puerto Rico, which is a drop in the bucket compared to relief for the post-Katrina Gulf Coast, which received $10 billion four days after the hurricane hit, another $50 billion six days later, and, more than a decade later, is still receiving monetary assistance. But in Trump’s mind, Puerto Rico has already received too much money. Cutting off funding to—what is, as a reminder!—a U.S. territory now would be a slap in the face regardless, but particularly so given that it’s based on our not-very-bright commander in chief’s poor reading comprehension. As Axios points out, not only is there zero evidence of Puerto Rico’s officials funneling disaster funds toward debt repayment, but Congress put steps in place “to keep disaster relief funds from being used to pay down the island’s debt.” As Bloomberg reported in 2017, “neither the island’s leaders—nor the board installed by the U.S. to oversee its budget—are proposing using disaster recovery aid to directly pay off bondholders or other lenders.” But Trump has “always been pissed off by Puerto Rico,” so here we are.

And now California—where 31 people are dead, 228 are missing, 6,453 homes have been destroyed, and only 25 percent of the fire has been contained thus far—is getting a taste of the fun, too:

[Tweet Omitted]

Of course, out here in reality, the compelling evidence is that a little thing called climate change contributed to bothdisasters, but that’s something Trump would rather not discuss.

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Bess really has Trump “pegged.” His stunning lack of humanity, knowledge, compassion, and any qualifications for the position he holds continue to amaze!

There are natural disasters and then there are man-made disasters like the Trump kakistocracy.

Trump’s vile and ignorant attack on American victims of natural disaster earns him a “Five Clowns.”

🤡🤡🤡🤡🤡

PWS

11-13-18

SUNDAY SATIRE FROM ANDY BOROWITZ @ THE NEW YORKER: Would You Offer This Guy A Job? — “Unskilled Wisconsin Man Unable to Keep Job”

https://www.newyorker.com/humor/borowitz-report/unskilled-wisconsin-man-unable-to-keep-job

Unskilled Wisconsin Man Unable to Keep Job

MADISON, WISCONSIN (The Borowitz Report)—A Wisconsin man with no marketable skills was unable to keep his job on Tuesday night, sources close to the man have confirmed.

The man, Scott Walker, had been an employee of Koch Industries since 2010 until he was unceremoniously dismissed.

“No one likes to lose his job, but, really, Scott has nothing to complain about,” one source said. “When you have no useful skills whatsoever but you manage to hang onto a job for eight years, that’s a pretty good run.”

Although Walker faces a job market that will be daunting for a man with only rudimentary literacy and scant understanding of math, a spokesperson for Wisconsin’s teachers said that they stand “ready and willing” to give him the education he so sorely needs.

“As teachers, we see it as our duty to educate all of Wisconsin’s students, even super challenging ones like Scott Walker,” the spokesperson said.

  • Andy Borowitz is the New York Times best-selling author of “The 50 Funniest American Writers,” and a comedian who has written for The New Yorker since 1998. He writes the Borowitz Report, a satirical column on the news, for newyorker.com.

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Yeah, it is pretty hard to see any “real world” job for which Scott Walker would actually be qualified.  He’s too boring and un-charismatic to be any good on Fox. He’s too undereducated, inarticulate, and un-intellectual to be a right-wing columnist. Perhaps he could go into an entry level training program at Koch industries.

PWS

11-11-18