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

BREAKING: “GONZO APOCALYPTO” IS POLITICAL POINT MAN FOR ENDING DACA — TRUMP HIDES DURING ANNOUNCEMENT — AG Doesn’t Know Enough Law To Defend African American Voters Or American Kids — Other AGs Able To Do Both — Time For A “Competency Check?”

https://www.washingtonpost.com/news/post-politics/wp/2017/09/05/trump-administration-announces-end-of-immigration-protection-program-for-dreamers/?hpid=hp_rhp-top-table-main_daca-1110a-duplicate%3Ahomepage%2Fstory&utm_term=.7cbb30e0641e

David Nakamura reports for the Washington Post:

“In announcing the decision at the Justice Department, Attorney General Sessions said that former president Barack Obama, who started the program in 2012 through executive action, “sought to achieve specifically what the legislative branch refused to do.”

He called it an “open-ended circumvention of immigration law through unconstitutional authority by the executive branch,” and said the program was unlikely to withstand court scrutiny.

 

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.

New applications and renewal requests already received by DHS before Tuesday will be reviewed and validated on a case-by-case basis, even those for permits that expire after March 5, officials said.

Trump administration officials cast the decision as a humane way to unwind the program and called on lawmakers to provide a legislative solution to address the immigration status of the dreamers. Senior DHS officials emphasized that if Congress fails to act and work permits begin to expire, dreamers will not be high priorities for deportations — but they would be issued notices to appear at immigration court if they are encountered by federal immigration officers.

. . . .

Sessions wrote a memo Monday calling DACA unconstitutional, leading acting Homeland Security Secretary Elaine Duke to issue a memo Tuesday to phase out the program. The decision came on the day set by Texas and several other states to pursue a lawsuit against the Trump administration if it did not terminate DACA.

It is unclear whether the states will still move forward with legal action.

“As a result of recent litigation,” Duke said in a statement, “we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately. We chose the least disruptive option.”

. . . .

The fight now could shift to Congress to act on a bill to grant permanent legal status to the dreamers. A bill called the Dream Act that would have offered them a path to citizenship failed in the Senate in 2010. Several new proposals have been put forward, including the Bridge Act, a bipartisan bill with 25 co-sponsors that would allow extend DACA protections for three years to give Congress time to enact permanent legislation.

But the White House and conservative Republicans could hold out for additional provisions to boost border security, such as funding for Trump’s proposed border wall or new measures to restrict legal immigration.

If DACA is shuttered next year, more than 1,000 immigrants stand to lose their work permits each day once the program is rescinded, according to a recent study by the Center for American Progress, a liberal think tank. Business leaders from major companies, including Apple, Facebook and Google, had lobbied the White House not to terminate the program, citing the economic consequences.”

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

Gee, advance concern that a Federal Court might shut down a program is a new one for Gonzo and the Trumpsters. Didn’t seem to inhibit him from arguing some pretty off the wall positions in defense of the Travel Ban, Sanctuary Cities, or why the Voting Rights Act doesn’t protect voting rights.

And we all know how statements like “they aren’t an enforcement priority” work out in practice. The majority of this Administration’s removals are folks who aren’t “priorities.”

And, notably, neither Kelly nor Duke at DHS had the courage and backbone to rein in arbitrary, wasteful enforcement by immigration agents. So, in the end, it makes no difference what the DHS “fake priorities” are; the line agents will bust anybody the feel like busting — because they can. And, after all, busting law abiding members of the community, often when they show up at DHS to check in or seek relief, is easier than tracking down real criminals. Makes the numbers look good, particularly when you obscure the fact that behind each number is a human face that belongs to a real person. Mostly ordinary people, just like the rest of us.

Also, sticking them on the already overwhelmed Immigration Court dockets without some realistic court reform aimed at restoring due process and wise use of “prosecutorial discretion” to keep cases exactly like the Dreamers off the court dockets? It’s “gonzo!” Big time!

There was a time when the Attorney General and the U.S. Department of Justice stood up for justice for all Americans, including the most vulnerable. But, that was then, this is now. Liz was “right on.”

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.”

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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.”

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“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

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.”

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

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

CALLING ALL U.S. IMMIGRATION JUDGES, CURRENT & RETIRED — OPPORTUNITY KNOCKS — GREECE IN NOVEMBER — ATTEND THE WORLD CONFERENCE OF THE INTERNATIONAL ASSOCIATION OF RFUGEE LAW JUDGES (“IARLJ”) IN ATHENS, NOV. 27 – DEC. 1, 2017

By Judge (Retired) Paul Wickham Schmidt

It is very important for the U.S. immigration Court to be represented at the IARLJ World Conference in Athens at the end of November. With all the focus on U.S. immigration issues in the news, it is more important than ever that we communicate with and share perspectives with our “brethren” throughout the world. The IARLJ Conference is always a first-class event with fantastic educational programs and many opportunities to meet administrative and constitutional judges engaged in various phases of refugee claim adjudication throughout the world.

The IARLJ is a great organization. Then Chief Immigration Judge Michael J. Creepy (now an Appellate Immigration Judge & BIA Member) and I were among the founding members of the IARLJ in the late 1990s. I am currently a Vice President, Americas. However, because of previous commitments, I unfortunately will be unable to attend the Athens Conference.

I encourage all U.S. Immigration Judges, current and former, to attend. You do not have to be a member of the IARLJ to attend, although I also encourage everyone to join (whether or not you attend the Conference). The IARLJ is like a “worldwide NAIJ” working to further justice and to protect the independence of the judicial process globally. Our friend and colleague the late great Hon. Juan P. Osuna was active in the IARLJ and his untimely death was mourned by many of our colleagues worldwide.

Please let me know at jennings12@aol.com if you might be interested in attending or want additional information. I can put you directly in touch with Judge Katelijne Declerck, President of the IARLJ.

Best wishes,
Paul

HISTORY: CONFEDERATE MONUMENTS HAVE LITTLE TO DO WITH THE REAL HISTORY OF THE CIVIL WAR (IN FACT, THEY WERE EXPRESSLY INTENDED TO DISTORT HISTORY) BUT LOTS TO DO WITH PROMOTING WHITE SUPREMACY!

Two very powerful stories in today’s Washington Post Outlook Section make that point.

In the first, Karen Finney, journalist and bi-racial descendent of General Lee:

“I always fiercely disagreed with my grandmother’s take. I loved her, but recognized that she simply couldn’t face the truth — the dramatically different, and all too real stories of brutal tyranny, courageously endured, during Reconstruction and the Jim Crow South that I learned from my father, his family and my own experience.

No telling of Lee’s story, however complicated, can be separated from the leading role he played in a grievous chapter of American history. That part — and the decisions by Charlottesville’s city council, New Orleans’s mayor, Baltimore’s mayor and Lexington, Kentucky’s mayor to remove Confederate statues from public spaces — isn’t complicated. The general was as cruel a slave owner as any other and fought to defend a society based on the brutal enslavement of black people that, had it persisted until today, would have included me. His cause wasn’t righteous, then or now. He’s my ancestor, but as far as I’m concerned, his statues can’t come down soon enough.

The revisionist version of his story attached to the hundreds of Confederate monuments around the country (not just in the South) is part of the most effective rebranding campaign ever implemented. Like the Lee statue at the center of the tragic, deadly violence in Charlottesville on Saturday, many, if not most, of these monuments were built — not in the immediate aftermath of the Civil War — but decades later, in the 20th century. They were erected to advance a dishonest history that claimed the war was about states’ rights and the preservation of a way of life, and to obscure the real cause at the root of the conflict: the perpetuation of white supremacy and economic hegemony through the enslavement and violent suppression of African Americans. It’s propaganda that has exploited fear, and sown division and hate, in a conscious effort to obscure our shared humanity for more than 150 years.”

Read the complete article here:

https://www.washingtonpost.com/news/posteverything/wp/2017/08/15/im-black-robert-e-lee-is-my-ancestor-his-statues-cant-come-down-soon-enough/?utm_term=.56193efb1814

In the second, Professor Karen L. Cox of UNC-Charlotte points out that: “White supremacy is the whole point of confederate statutes:”

“While Confederate monuments honor their white heroes, they do not always rely on the true history of what took place between 1861 and 1865. Nor was that their intent. Rather, they served to rehabilitate white men — not as the losers of a war but, as a monument in Charlotte states, preservers of “the Anglo-Saxon civilization of the South.”

Today’s defenders of Confederate monuments are either unaware of the historical context or do not care. Like generations of whites before them, they are more invested in the mythology that has attached itself to these sentinels of white supremacy, because it serves their cause.”

Read that complete article here:

https://www.washingtonpost.com/news/posteverything/wp/2017/08/16/the-whole-point-of-confederate-monuments-is-to-celebrate-white-supremacy/?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.a44dddf18bfe

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Trump’s lack of knowledge of history is breathtaking. Indeed, based on performance and utterances (including tweets) he would be unable to pass the basic American history and civics exam required for naturalization. Fortunatly for him, like many other things in his life, he got his citizenship purely by good fortune, not merit.

PWS

08-20-17

IMMIGRATIONPROF BLOG: PROFESSOR BILL ONG HING LAYS BARE THE WHITE NATIONALIST INTENT BEHIND THE RAISE ACT — “Asian, Latino, and African Exclusion Act of 2017” — And, It’s Bad For Our Economy To Boot!

http://lawprofessors.typepad.com/immigration/2017/08/trumps-asian-latino-and-african-exclusion-act-of-2017.html

Professor Ong Hing writes:

“From the Los Angeles and San Francisco Daily Journal:

President Trump’s recent call for overhauling the legal immigration system suffers from serious racial implications and violations of basic family values. Earlier this month he endorsed the Reforming American Immigration for a Strong Economy (RAISE) Act, which would eliminate all family reunification categories beyond spouses and minor children of U.S. citizens and lawful permanent residents (reducing the age limit for minor children from 21 to 18), and would lower capped family categories from 226,000 green cards presently to 88,000. The prime relatives targeted for elimination are siblings of U.S. citizens and adult children of citizens and lawful residents. The diversity immigration lottery program, which grants 50,000 green cards to immigrants from low-admission countries, also would be terminated. The RAISE Act is essentially the Asian, Latino, and African Exclusion Act of 2017. Why? Because the biggest users of family immigration categories are Asians and Latinos, and the biggest beneficiaries of the diversity lottery are Africans.

The RAISE Act is an elitist point system that favors those with post-secondary STEM degrees (science, technology, engineering, or mathematics), extraordinary achievement (Nobel laureates and Olympic medalists), $1.35 to $1.8 million to invest, and high English proficiency. However, it fails to connect prospective immigrants with job openings and makes incorrect assumptions about family immigrants.

Promoting family reunification has been a major feature of immigration policy for decades. Prior to 1965, permitting spouses of U.S. citizens, relatives of lawful permanent residents, and even siblings of U.S. citizens to immigrate were important aspects of the immigration selection system. Since the 1965 reforms, family reunification has been the major cornerstone of the immigration admission system. Those reforms, extended in 1976, allowed twenty thousand immigrant visas for every country. Of the worldwide numerical limits, about 80 percent were specified for “preference” relatives of citizens and lawful permanent residents, and an unlimited number was available to immediate relatives of U.S. citizens. The unlimited immediate relative category included spouses, parents of adult citizens, and minor, unmarried children of citizens. The family preference categories were established for adult, unmarried sons and daughters of citizens, spouses and unmarried children of lawful permanent resident aliens, married children of citizens, and siblings of citizens. Two other preferences (expanded in 1990) were established for employment-based immigration.

Asian and Latino immigration came to dominate these immigration categories. The nations with large numbers of descendants in the United States in 1965, i.e., western Europe, were expected to benefit the most from a kinship-based system. But gradually, by using the family categories and the labor employment route, Asians built a family base from which to use the kinship categories more and more. By the late 1980s, virtually 90 percent of all immigration to the United States – including Asian immigration – was through the kinship categories. And by the 1990s, the vast majority of these immigrants were from Asia and Latin America. The top countries of origin of authorized immigrants to the United States today include Mexico, China, India, the Philippines, the Dominican Republic, Vietnam, and El Salvador.

As Asian and Latin immigrants began to dominate the family-based immigration system in the 1970s and 1980s, somehow the preference for family reunification made less sense to some policymakers. Since the early 1980s, attacking kinship categories – especially the sibling category – has become a political sport played every few years. Often the complaint is based on arguments such as we should be bringing in skilled immigrants, a point system would be better, and in the case of the sibling category, brothers and sisters are not part of the “nuclear” family. Proposals to eliminate or reduce family immigration were led by Senator Alan Simpson throughout the 1980s, Congressman Bruce Morrison in 1990, and Senator Simpson and Congressman Lamar Smith in 1996. As prelude to the RAISE Act, the Senate actually passed S.744 in 2013 that would have eliminated family categories and installed a point system in exchange for a legalization program for undocumented immigrants.

Pitting so-called “merit-based” visas in opposition to family visas implies that family immigration represents the soft side of immigration while point-based immigration is more about being tough and strategic. The wrongheadedness of that suggestion is that family immigration has served our country well even from a purely economic perspective. The country needs workers with all levels of skill, and family immigration provides many of the needed workers.

A concern that the current system raises for some policymakers is based on their belief that the vast majority of immigrants who enter in kinship categories are working class or low-skilled. They wonder whether this is good for the country. Interestingly enough, many immigrants who enter in the sibling category actually are highly skilled. The vast majority of family immigrants are working age, who arrive anxious to work and ready to put their time and sweat into the job. But beyond that oversight by the complainants, what we know about the country and its general need for workers in the short and long terms is instructive.

The Wharton School of Business projects that the RAISE Act would actually lead to less economic growth and fewer jobs. Job losses would emerge because domestic workers will not fill all the jobs that current types of immigrant workers would have filled. In the long run, per capita GDP would dip. Furthermore, in the Bureau of Labor Statistics’s forecast of large-growth occupations, most jobs require only short- or moderate-term on-the-job training, suggesting lower skilled immigrants could contribute to meeting the demand for these types of jobs.

The economic data on today’s kinship immigrants are favorable for the country. The entry of low-skilled as well as high-skilled immigrants leads to faster economic growth by increasing the size of the market, thereby boosting productivity, investment, and technological practice. Technological advances are made by many immigrants who are neither well-educated nor well-paid. Moreover, many kinship-based immigrants open new businesses that employ natives as well as other immigrants; this is important because small businesses are now the most important source of new jobs in the United States. The current family-centered system results in designers, business leaders, investors, and Silicon Valley–type engineers. And much of the flexibility available to American entrepreneurs in experimenting with risky labor-intensive business ventures is afforded by the presence of low-wage immigrant workers. In short, kinship immigrants contribute greatly to this country’s vitality and growth, beyond the psychological benefits to family members who are able to reunite.

The preamble to the Universal Declaration of Human Rights highlights the unity of the family as the “foundation of freedom, justice and peace in the world” for good reason. Our families make us whole. Our families define us as human beings. Our families are at the center of our most treasured values. Our families make the nation strong.

Bill Ong Hing is the Founder and General Counsel of the Immigrant Legal Resource Center, and Professor of Law and Migration Studies, University of San Francisco”

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Unhappily, America has a sad history of using bogus arguments about the economy and protecting American labor to justify racist immigration acts.  Among other things, the Chinese Exclusion Act was supposed to protect the U.S. against the adverse effects of “coolie labor.”

I find it remarkable that those pushing the RASE Act are so ready to damage American families, the fabric of our society, and our economy in a futile attempt to achieve their White Nationalist vision.

PWS

08-18-17

BREAKING: IN MEMORIAM: HON. JUAN P. OSUNA, LEGENDARY IMMIGRATION FIGURE, DIES SUDDENLY — Was Chairman of BIA, Director of EOIR, High-Ranking DOJ Executive, Editor, Professor — Will Be Remembered As Kind, Gentle, Scholarly, Dedicated!

I have just learned that my friend and former colleague Juan P. Osuna tragically died suddenly of a heart attack last night. Until May of this year, Juan was the Director of EOIR. But, he was much more than that to those of us in the immigration world.

I first met Juan when he was an Editor for Interpreter Releases, the leading weekly immigration newsletter, working with one of my mentors, the late legendary Maurice A. Roberts. Juan later succeeded Maury as Editor-In-Chief and rose to a major editorial position within the West Publishing legal empire. He was serving in that position when I recommended him for a position as an Appellate Immigration Judge/Board Member of the Board of Immigration Appeals during my tenure as BIA Chair. Juan was appointed to that position by Attorney General Janet Reno in 2000.

While serving together on the BIA, Juan and I often joined forces in seeking full due process and legal protections for migrants. Sometimes, our voices were heard together in dissent. In one of those cases, Matter of J-E-, 23 I&N Dec. 291 (BIA 2002) we joined in finding that our colleagues in the majority were interpreting the Convention Against Torture (“CAT”) in an overly restrictive way. In another, Matter of Andazola, 23 I&N Dec. 219 (BIA 2003), we joined in finding that our colleagues in the majority had significantly undervalued the Immigration Judge’s careful findings of “exceptional and extremely unusual hardship” to U.S. citizen children.

Following my reassignment from the BIA to the Arlington Immigration Court, Juan became the Vice Chair and eventually the Chair of the BIA after the departure of Lori Scialabba. But, Juan’s meteoric rise through the DOJ hierarchy was by no means over. In 2009, Attorney General Eric Holder appointed Juan to the position of Deputy Assistant Attorney General for the Civil Division with responsibility for the Office of Immigration Litigation. Later, he was promoted to Associate Deputy Attorney General with responsibility for the Department’s entire “immigration portfolio.”

Not surprisingly, following the departure of EOIR Director Kevin Ohlson, Attorney General Eric Holder named Juan Director of EOIR. In that position, Juan shepherded the U.S. Immigration Courts through some of the most difficult times in EOIR history, involving astronomically increasing caseloads and resource shortages. Throughout all of it, Juan remained calm, cool, and collected.

He was a frequent public speaker and testified before Congress on a number of occasions. He was known for his honesty and “straight answers.” Indeed, in one memorable television interview, Juan confessed that the Immigration Court system was “broken.”

One of my most vivid recollections of Juan’s sensitivity and humanity was when he occasionally stopped by the Arlington Immigration Court to “find out what’s happening at the grass roots.” After lunching with or meeting the judges, Juan invariably went to the desk of each and every staff member to ask them how their jobs were going and to thank them for their dedicated service. He understood that “the ship goes nowhere without a good crew.”

Shortly before I retired, Juan called me up and said he wanted to come over for lunch. We shared some of our “old times” at the BIA, including the day I called to tell him that he was Attorney General Janet Reno’s choice for a Board Member. We also batted around some ideas for Immigration Court reform and enhancing due process.

Back in my chambers, I thought somewhat wistfully that it was too bad that we hadn’t had an opportunity to talk more since my departure from the BIA. Little did I suspect that would be the last time I saw Juan. At the time of his death, he was an Adjunct Professor at Georgetown Law, where I am also on the adjunct faculty. Ironically, Juan took over the “Refugee Law and Policy” course that I taught from 2012-14.

Juan will always be remembered as a gentleman, a scholar, and an executive who appreciated the role that “ordinary folks” — be they migrants, staff, interpreters, or guards, — play in building and sustaining a successful justice system. He will be missed as a friend and a leader in the immigration world.

My thoughts and prayers go out to Juan’s wife, Wendy Young, President of Kids In Need of Defense (“KIND”), and the rest of Juan’s family and many friends. Rest in peace, my friend, colleague, and champion of due process for all!

PWS

08-16-17