🇺🇸⚖️🏅A LIFE DEVOTED TO JUSTICE: JOSEPH GERALD “GERRY” HEBERT (1949-2023): Voting Rights Icon, Teacher, Community Activist, Inspiration To Upcoming Generations!

Gerry Hebert
Joseph Gerald (Gerry) Hebert (1949-2023)
Civil Rights Lawyer, Community Activist

https://www.legacy.com/us/obituaries/washingtonpost/name/joseph-hebert-obituary?id=53065154

Joseph Hebert Obituary

Hebert

Joseph Gerald Hebert

Joseph Gerald Hebert (Gerry), Voting Rights Attorney of Alexandria, Virginia passed away at the age of 74 on September 7, 2023.

Gerry was born in Worcester, Massachusetts to Joseph Gerald Laurie Hebert and Adeline Agnes Whitehead Hebert on February 13, 1949. A graduate of St. John’s High School in Shrewsbury, Gerry went on to earn his bachelor’s degree from Stonehill College and Juris Doctor from Suffolk University Law School.

A respected Civil Rights and Voting Rights attorney, Gerry worked in the U.S. Department of Justice’s Civil Rights Division from 1973 to 1994. While at the DOJ, he won acclaim for his work in school desegregation cases and served as the lead attorney in voting rights and redistricting lawsuits, including several cases decided by the U. S. Supreme Court. Post-DOJ, Gerry spent time in private practice specializing in election law and the Voting Rights Act. His expertise led him to the Campaign Legal Center in 2004, serving as Executive Director until 2018, before retiring from the organization in 2021. During this time, Gerry was also an adjunct professor at Georgetown University Law Center and developed a thriving intern program for CLC. He also taught at University of Virginia, American University, and New York Law School. He was awarded the Wasserstein Fellowship at Harvard Law School and Mentor in Residence at Yale Law School. In 2015, Gerry spearheaded the CLC effort to establish the Voting Rights Institute (VRI), a partnership with the American Constitution Society and Georgetown Law, which created opportunities for law students and graduates to learn how to litigate voting rights cases.

Gerry’s advocacy extended beyond his professional career. He served as PTA president at George Mason Elementary School, where he was a fixture in the hallways for years, his voice on the loudspeaker delivering the morning announcements. He worked particularly hard to ensure that families of color were involved in their children’s education, and that the needs of George Mason Elementary were made known to the School Board.

As ASA soccer coach to many of Alexandria’s youth, Gerry shared his own athletic skills, always ending a weekly practice – at the request of the team – punting the ball straight up in the air, multiple stories high.

A man of strong faith and an enthusiastic choir member, Gerry served the Fairlington United Methodist Church community in many capacities including lay leader.

Gerry worked tirelessly to help Alexandrians in need, volunteering with ALIVE! Inc. since 1986. He dedicated his time and talents, serving as ALIVE’s president, director of development, chair of the furniture program, and Last Saturday food distribution coordinator. Earlier this year, Gerry was awarded Volunteer Alexandria’s 2023 Joan White Grassroots Volunteer Service Award for his commitment to ALIVE!’s mission, specifically for his work to open both of ALIVE!’s beautiful and welcoming food hubs, ensuring that Alexandrians maintained their integrity while receiving food and critical services.

Gerry approached his personal life with the same passion and purpose. He was omnipresent in his children’s lives as he filled the roles of brown bag lunch maker, short order breakfast cook, and overprotective parent. He could be found lifting his grandchildren to top the Christmas tree, eating Oreos and drinking straight from the milk carton in the middle of the night, or dancing in the street with Victoria during a red light at the intersection of Braddock and Russell. He would “give you a nickel” if you could name the artist from the 60’s singing on the radio. He’d send you recipes for the perfect pork chop, articles about the latest threat to justice and democracy, and a heads up about recent sunscreen recalls. He was deeply devoted to playing the guitar, discovering the best deal on good wine, and playing the lottery. He never said goodbye without also holding up his hand to sign “I love you.” He had the timing of a stand-up comedian, all the wisdom of a perfect storyteller, and an unfulfilled desire to travel the world. He was just beginning to discover what retirement was like and between the Rock ‘n Roll cruises he took with Victoria, his long ponytail, and his Bohemian pants, he confirmed his family’s suspicion that he really did dream of being the next great American folk singer. He was a lively wedding dancer, a proficient recaller of sports stats, and even attended MLB professional umpire school. Gerry was an expert magician, the friend you were thankful to call yours, and as far as his family knew, he was “the strongest man in the world.”

Gerry is preceded in death by his mother and father.

Gerry is survived by his wife of 37 years, Victoria, his children, Christy Przystawik (Tom Przystawik), Greta Gordon (Jim Gordon), Brooke Harris (Ben Harris), Josh Hebert, and Marlea Hebert (Anthony DiBerardinis). His brother, Tom Hebert (Maria Hebert), and his 10 grandchildren, Gunter, Annika, Amelie, Harper, Sadie, Bailey, Brighid, Adrian, Tyler, and Abe.

A funeral service will be held on Saturday, September 16, 2023 at Fairlington United Methodist Church.

In lieu of flowers donations can be made in honor of Gerry to The Campaign Legal Center, ALIVE, Lawyers’ Committee for Civil Rights Under Law and Fairlington United Methodist Church (music program).

Published by The Washington Post on Sep. 10, 2023.

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

Gerry’s son Josh Hebert is one of our son Will’s closest friends, growing up in Alexandria and attending Alexandria City Public Schools together. Our church, Beverley Hills Community Methodist Church, has been part of ALIVE’s “grass roots” programs to make Alexandria a better place to live for families and individuals of all income levels. I also spoke at Fairlington Methodist on immigration and the need for reform at a public forum that Gerry helped organize. 

Gerry was one of the former DOJ attorneys to courageously speak out publicly against the appointment of notorious White Nationalist  and civil rights underminer then-Senator Jeff Sessions to be U.S. Attorney General under Trump. See.e.g., https://immigrationcourtside.com/2017/01/04/sessions-no-civil-rights-hero-say-former-doj-cvil-rights-attorneys/. Sessions proved to be just as horrible and unqualified for the job as Gerry had warned.

Gerry was an inspiration and role model for the “new generation” of civil rights attorneys dedicated to making equal justice in America a reality rather than an unfulfilled promise!

Yesterday’s “Courtside” post highlighted the words of Justice Ketanji Brown Jackson that embodied many of Gerry’s life values;

And I am confident that, just like generations of Americans before us, we are up to the challenge. Armed with our history, well-prepared by our past, and secure in the knowledge of what we have been through and where we’re headed, we will triumph in the valiant struggle to promote constitutional values and to obtain freedom and justice for all. 

Due Process Forever and deep appreciation to a great American who represented “due process in action” and leaves a vibrant legacy for future generations. A life well-lived indeed!

PWS

09-18-23

🇺🇸⚖️ THE GOP RIGHT WING WANTS TO WHITEWASH AMERICAN HISTORY — JUSTICE KETANJI BROWN JACKSON SAYS WE MUST TEACH THE TRUTH ABOUT THE ROLE OF RACISM IN AMERICA —“If we are going to continue to move forward as a nation, we cannot allow concerns about discomfort to displace knowledge, truth, or history.”

Dan Rather
Dan Rather
American Journalist
PHOTO: Creative Commons
Elliot Kirschner
Elliott Kirshner
Science Filmmaker & Journalist
PHOTO: iBiology Courses
Justice Katenji Brown Jackson
Judge (now Justice) Ketanji Brown Jackson, honoree at the Third Annual Judge James B. Parsons Legacy Dinner, February 24, 2020, University of Chicago Law School. Photographer Lloyd DeGrane.
Creative Commons License

Dan Rather and Elliot Kirschner write on Steady on Substack:

https://open.substack.com/pub/steady/p/60-years-ago-in-birmingham?r=330z7&utm_medium=ios&utm_campaign=post

60 Years Ago in Birmingham

September 15, 1963 — 60 years ago today. An act of murderous cowardice in Birmingham, Alabama, shocked a nation. A bomb at the 16th Street Baptist Church placed by Klansmen killed four girls as they attended Sunday school. Many others were wounded.

As Dr. Martin Luther King Jr. would say in eulogy, “These children — unoffending, innocent, and beautiful — were the victims of one of the most vicious and tragic crimes ever perpetrated against humanity.”

Let us pause in remembrance. Please say their names aloud. They deserve our recognition:

Denise McNair, age 11.

Carole Robertson, 14.

Addie Mae Collins, 14.

Cynthia Wesley, 14.

This horrific act is not ancient history. Some of you were of memory age at the time it happened. And it was not an isolated act of violence. Rather, it was part of a bloody, tragic, and unjust campaign of terror that stretches from before our country’s birth into our present age. It is a story of murder, torture, rape, lynching, and the tearing apart of families. It is a story of Jim Crow, redlining, and voter suppression. And now it is a story that powerful forces in our country would like us to forget, or at least sanitize from the unadulterated truth.

And yet, throughout our history, bigotry has not gone unanswered. Women and men of courage and fortitude have reminded us that we should walk a path toward equality and justice. Many have sacrificed greatly in service to our nation’s highest ideals.

This bombing was an act of domestic terrorism meant to stifle a growing Civil Rights Movement. It had the opposite effect. Less than a year later, President Lyndon Johnson signed the groundbreaking Civil Rights Act.

Progress has been made. However, we are reminded in our current age that the forces of white supremacy will never give up their privilege without a fight. We see more acts of racist violence, more denying of reality, more attempts to rewrite history. It is a cynically destructive ploy for power at the expense of our national unity and the truth.

All this was on the mind of Supreme Court Justice Ketanji Brown Jackson this morning, when the first Black woman to serve on the court went to the 16th Street Baptist Church to commemorate the bombing’s anniversary. It was the justice’s first trip to Alabama, but she told those in the pews, “I felt in my spirit that I had to come.”

What she subsequently shared was an acknowledgement of the past and an admonition for our present and our future. We were moved by her words and want to include some of them here, as well as a video of the entire speech, should you wish to watch.

Justice Jackson began by contrasting the story of the Birmingham bombing and her own personal journey.

. . . .

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

Read the complete article, including Justice Jackson’s remarks and pictures of the murdered girls, at the link. Don’t let GOP extremists get away with rewriting our history to match their White Nationalist myths! It’s a key part of their scheme to “dumb down” American education and intellectual debate on all levels!

🇺🇸 Due Process Forever!

PWS

09-17-23

🇺🇸🗽💪🏾COURTSIDE LABOR DAY SPECIALS:  1)  Heather Cox Richardson on The History of Labor Day; 2) Robert Reich on Resisting Bullies!

From today’s Substack:

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

https://open.substack.com/pub/heathercoxrichardson/p/september-3-2023?r=330z7&utm_medium=ios&utm_campaign=post

September 3, 2023

HEATHER COX RICHARDSON

SEP 4, 2023

Almost one hundred and forty-one years ago, on September 5, 1882, workers in New York City celebrated the first Labor Day holiday with a parade. The parade almost didn’t happen: there was no band, and no one wanted to start marching without music. Once the Jewelers Union of Newark Two showed up with musicians, the rest of the marchers, eventually numbering between 10,000 and 20,000 men and women, fell in behind them to parade through lower Manhattan. At noon, when they reached the end of the route, the march broke up and the participants listened to speeches, drank beer, and had picnics. Other workers joined them.

Their goal was to emphasize the importance of workers in the industrializing economy and to warn politicians that they could not be ignored. Less than 20 years before, northern men had fought a war to defend a society based on free labor and had, they thought, put in place a government that would support the ability of all hardworking men to rise to prosperity.

By 1882, though, factories and the fortunes they created had swung the government toward men of capital, and workingmen worried they would lose their rights if they didn’t work together. A decade before, the Republican Party, which had formed to protect free labor, had thrown its weight behind Wall Street. By the 1880s, even the staunchly Republican Chicago Tribune complained about the links between business and government: “Behind every one of half of the portly and well-dressed members of the Senate can be seen the outlines of some corporation interested in getting or preventing legislation,” it wrote. The Senate, Harper’s Weekly noted, was “a club of rich men.”

The workers marching in New York City carried banners saying: “Labor Built This Republic and Labor Shall Rule it,” “Labor Creates All Wealth,” “No Land Monopoly,” “No Money Monopoly,” “Labor Pays All Taxes,” “The Laborer Must Receive and Enjoy the Full Fruit of His Labor,” ‘Eight Hours for a Legal Day’s Work,” and “The True Remedy is Organization and the Ballot.”

The New York Times denied that workers were any special class in the United States, saying that “[e]very one who works with his brain, who applies accumulated capital to industry, who directs or facilitates the operations of industry and the exchange of its products, is just as truly a laboring man as he who toils with his hands…and each contributes to the creation of wealth and the payment of taxes and is entitled to a share in the fruits of labor in proportion to the value of his service in the production of net results.”

In other words, the growing inequality in the country was a function of the greater value of bosses than their workers, and the government could not possibly adjust that equation. The New York Daily Tribune scolded the workers for holding a political—even a “demagogical” —event. “It is one thing to organize a large force of…workingmen…when they are led to believe that the demonstration is purely non-partisan; but quite another thing to lead them into a political organization….”

Two years later, workers helped to elect Democrat Grover Cleveland to the White House. A number of Republicans crossed over to support the reformer, afraid that, as he said, “The gulf between employers and the employed is constantly widening, and classes are rapidly forming, one comprising the very rich and powerful, while in another are found the toiling poor…. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people’s masters.”

In 1888, Cleveland won the popular vote by about 100,000 votes, but his Republican opponent, Benjamin Harrison, won in the Electoral College. Harrison promised that his would be “A BUSINESS MAN’S ADMINISTRATION” and said that “before the close of the present Administration business men will be thoroughly well content with it….”

Businessmen mostly were, but the rest of the country wasn’t. In November 1892 a Democratic landslide put Cleveland back in office, along with the first Democratic Congress since before the Civil War. As soon as the results of the election became apparent, the Republicans declared that the economy would collapse. Harrison’s administration had been “beyond question the best business administration the country has ever seen,” one businessmen’s club insisted, so losing it could only be a calamity. “The Republicans will be passive spectators,” the Chicago Tribune noted. “It will not be their funeral.” People would be thrown out of work, but “[p]erhaps the working classes of the country need such a lesson….”

As investors rushed to take their money out of the U.S. stock market, the economy collapsed a few days before Cleveland took office in early March 1893. Trying to stabilize the economy by enacting the proposals capitalists wanted, Cleveland and the Democratic Congress had to abandon many of the pro-worker policies they had promised, and the Supreme Court struck down the rest (including the income tax).

They could, however, support Labor Day and its indication of workers’ political power. On June 28, 1894, Cleveland signed Congress’s bill making Labor Day a legal holiday.

In Chicago the chair of the House Labor Committee, Lawrence McGann (D-IL), told the crowd gathered for the first official observance: “Let us each Labor day, hold a congress and formulate propositions for the amelioration of the people. Send them to your Representatives with your earnest, intelligent indorsement [sic], and the laws will be changed.”

Notes:

https://www.dol.gov/general/laborday/history-daze

New York Times, September 6, 1882, p. 8.

New York Times, September 6, 1882, p. 4.

New York Daily Tribune, September 7, 1882, p. 4.

https://blogs.loc.gov/law/files/2011/09/S-730.pdf

https://history.house.gov/Historical-Highlights/1851-1900/The-first-Labor-Day/

Share

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

Robert Reich
Robert Reich
Former US Secretary of Labor
Professor of Public Policy
CAL Berkeley
Creative Commons License

https://open.substack.com/pub/robertreich/p/personal-history-my-father-and-joe?r=330z7&utm_medium=ios&utm_campaign=post

My father and the SOBs

Ed Reich hated bullies.

ROBERT REICH

SEP 4, 2023

Friends,

I thought today, Labor Day, might be a good one to introduce my father, Ed Reich, and tell you a little about him and the values he passed along to me. Labor Day makes me think of him, because on Labor Day, he kicked the bigots out of our house.

Ed called himself a liberal Republican in the days when such creatures still roamed the earth. He voted for Thomas Dewey in 1948 (canceling my mother’s vote for Harry Truman) and then for Dwight Eisenhower in 1952 and 1956 (canceling my mother’s votes for Adlai Stevenson), and he thought highly of New York’s Republican governor, Nelson Rockefeller, and its Republican senator, Jacob Javits — neither of whom would last a nanosecond in today’s GOP.

But Ed Reich could not abide political bullies. He gave up on the Republican Party when Nixon became president. He would have detested Trump. (My father died in 2016, two weeks before his 102nd birthday, and nine months before Trump was elected.)

Ed thought anyone who had to bully someone else to feel good about himself was despicable. If they did their bullying through politics, they were doubly despicable. In his mind, political bullying had led to the Holocaust.

***

In 1947, Ed moved us from Scranton, Pennsylvania, to a small town some 60 miles north of New York City called South Salem, to be within driving distance of his two women’s clothing stores, in Norwalk, Connecticut, and Peekskill, New York.

On Labor Day, soon after we moved in, a delegation of older men came by our house. When they knocked on the door, my mother thought they were a welcoming committee and opened it with a big “hello!” But when she saw the expressions on their faces, she became alarmed.

She invited them into the living room and asked if they’d like coffee. They declined.

My father greeted them stiffly, suggesting they sit down. They did not.

“What’s this about?” he asked. “What’s happened? Is there a problem?”

“Mr. and Mrs. Reich,” one of them spoke gravely, “we’ve come to inform you that South Salem is a Christian community.”

There was a long pause. I could see my father redden.

“So, we’re not welcome here?” His voice was tight.

“Legally, you have a right to be here, of course,” the speaker said. (New York state had just enacted a law prohibiting homeowners from including “restrictive covenants” in their deeds that barred sales to “Negroes or Hebrews.”) “But we don’t think you and your family will be happy here.”

“Thank you for coming by,” my father said flatly, opening the front door for them. Then he exploded: “Now get the hell out of my house!”

That was the day Ed Reich decided we’d stay put in South Salem forever. “I showed those sons of bitches,” he said some years later.

“Son of a bitch” was the worst epithet Ed could hurl at someone. It burst out of him like a volcanic eruption. For many years, I didn’t know it contained separate English words, including a term many would find offensive today. To my young ears it was one word — sonofaBITCH — that might have been Russian or Yiddish, but whatever language it was, it was huge and frightening.

pastedGraphic.png

WISCONSIN SENATOR JOE McCARTHY HAD A SPECIAL PLACE in Ed Reich’s pantheon of horrible people. McCarthy didn’t just bully those he claimed were members of the Communist Party. He attacked them with malice. McCarthy ridiculed the “pitiful squealing” of “those egg-sucking phony liberals” who “would hold sacrosanct those Communists and queers.”

Every time McCarthy’s image came across the six-inch screen of the Magnavox television in our living room, my father would shout “son-of-a-BITCH” so loudly it made me shudder.

McCarthyism was the byproduct of the Republican Party’s postwar effort to eradicate the New Deal by linking it to communism. The GOP had portrayed the midterm election of 1946 as a “battle between Republicanism and communism.” The Republican National Committee chairman claimed that the federal bureaucracy was filled with “pink puppets.”

Southern segregationist Democrats joined in the red baiting. Mississippi Senator Theodore Bilbo, a Klansman who had filibustered to block anti-lynching legislation, described multiracial labor unions’ advocacy for civil rights as the work of “northern communists.” Representative John Elliott Rankin, a racist and antisemitic Mississippi Democrat who helped establish the House Un-American Activities Committee, called the CIO’s southern organizing campaign “a communist plot” and charged it would give more voting rights to Black people. “We’re asleep at the switch,” he warned. “They’re taking over this country; we’ve got to stop them if we want this country.”

The tactic was temporarily successful. In the 1946 midterms, Democrats lost control of both the Senate and the House. Wisconsin ended its era of progressive Republican La Follettes and sent Joe McCarthy to the Senate. California replaced New Dealer Jerry Voorhis with a young Republican lawyer who had already figured out how to use red baiting as a political tool. His name was Richard Nixon.

In December 1946, at the founding convention of the Progressive Citizens of America, FDR’s former vice president Henry Wallace called the red scare a tool used by the most powerful economic forces in America and warned America not to give in to it. “We shall … repel all the attacks of the plutocrats and monopolists who will brand us as Reds,” he said, adding:

“If it is traitorous to believe in peace — we are traitors. If it is communistic to believe in prosperity for all — we are communists. If it is unAmerican to believe in freedom from monopolistic dictation — we are unAmerican. We are more American than the neo-fascists who attack us. The more we are attacked the more likely we are to succeed, provided we are ready and willing to counterattack.”

But there was no counterattack. The red baiting escalated, encouraged by J. Edgar Hoover, the first director of the FBI.

President Truman succumbed to the mounting hysteria. On March 21, 1947, he signed Executive Order 9835, the “Loyalty Order.” It ushered in loyalty oaths and background checks and created the Attorney General’s List of Subversive Organizations.

As the 1950 election approached, a Times headline announced that the “Left is Silent in Campaign.” Even the American Civil Liberties Union, whose roots lay in the Red Scare of the World War I era, was reluctant to take the lead in opposing the threat to civil liberties in the second Red Scare of the 1950s.

California Representative Helen Gahagan Douglas — dubbed the “Pink Lady” for her supposed communist sympathies — tried for the Senate in 1950. She survived a bitter primary battle only to be beaten in November by red-baiter Richard Nixon.

pastedGraphic.png

ON JUNE 9, 1954, I SAT AT MY FATHER’S SIDE ON OUR LIVING ROOM COUCH, watching the Army-McCarthy hearings. McCarthy had accused the U.S. Army of having poor security at a top-secret facility.

Joseph Welch, a private attorney, was representing the Army. McCarthy charged that one of Welch’s young staff attorneys was a communist. Such a charge was likely to end the young man’s career.

“Son-of-a-BITCH,” my father shouted. I hid my head.

As McCarthy continued his attack on Welch’s staff attorney, Welch broke in. “Until this moment, Senator, I think I never really gauged your cruelty or your recklessness.”

I was only eight years old, but I was spellbound.

McCarthy didn’t stop. “Son-of-a-BITCH!” Ed Reich shouted even more loudly. The earth seemed to shake.

At this point, Welch demanded that McCarthy listen to him. “Let us not assassinate this lad further, Senator,” he said. “You have done enough. Have you no sense of decency?”

Almost overnight, McCarthy imploded. His national popularity evaporated. Three years later, censured by his Senate colleagues, ostracized by his party, and ignored by the press, McCarthy drank himself to death, a broken man at the age of 48.

***

During the Army-McCarthy hearings, McCarthy’s chief counsel was Roy Cohn. Cohn became one of America’s most notorious bullies.

Cohn had gained prominence as the Department of Justice attorney who successfully prosecuted Julius and Ethel Rosenberg for espionage, leading to their execution in 1953. (Evidence made public decades after the execution confirmed that Julius was a spy, but that Ethel, while aware of her husband’s activities, was not.)

In public, Cohn was homophobic. Privately, he was gay at a time when being gay was a crime. A character in Tony Kushner’s epic Angels in America describes him as “the polestar of human evil. The worst human being who ever lived … the most evil, twisted, vicious bastard ever to snort coke at Studio 54.” His bullying was particularly vicious, I think, because he was filled with self-loathing.

The Rosenberg trial brought the 24-year-old Cohn to the attention of J. Edgar Hoover, who convinced Joe McCarthy to hire Cohn as chief counsel for McCarthy’s Senate Permanent Subcommittee on Investigations. Cohn became known for his aggressive questioning of suspected communists.

My father thought Roy Cohn almost as despicable as Joe McCarthy. “Son-of-a BITCH!” my father shouted whenever Cohn’s name was in the news.

After McCarthy’s downfall, it was assumed that Cohn’s career was also over. Yet Cohn reinvented himself as a power broker in New York. Despite scandals and indictments, along with accusations of tax evasion, bribery, and theft, Cohn survived.

pastedGraphic.png

COHN PROVED HIMSELF USEFUL TO A YOUNG REAL ESTATE DEVELOPER NAMED DONALD TRUMP. Fred Trump had started his son’s career by bringing him into the family business of renting apartments in Brooklyn and Queens.

Cohn established Donald in Manhattan by introducing him to New York’s social and political elite. Donald was undertaking several large construction projects in Manhattan and needed both a fixer and mentor. Cohn filled both roles, and along the way bequeathed to Trump a penchant for ruthless bullying, profane braggadocio, and opportunistic bigotry.

Like Trump, Cohn was utterly without principle. Like Trump, his priority was personal power that could be leveraged for wealth, influence, and celebrity.

In 1973, the Justice Department accused Trump Management Inc., its 27-year-old president, Donald, and chairman, Fred, of violating the Fair Housing Act of 1968 in 39 of his properties — alleging that the company quoted different rental terms and conditions to prospective tenants based on their race and made false “no vacancy” statements to Black people seeking to rent.

Trump employees had secretly marked the applications of Black people with codes, such as “C” for “colored,” according to accounts filed in federal court. The employees allegedly directed Black people away from buildings with mostly white tenants, steering them toward properties that had many Black tenants.

Representing the Trumps, Roy Cohn filed a countersuit against the government for $100 million, asserting that the charges were “irresponsible and baseless.” Although the countersuit was unsuccessful, Trump settled the charges out of court in 1975, asserting he was satisfied that the agreement did not “compel the Trump organization to accept persons on welfare as tenants unless as qualified as any other tenant.”

Three years later, when the Trump Organization was again in court for violating terms of the 1975 settlement, Cohn called the charges “nothing more than a rehash of complaints by a couple of planted malcontents.” Donald Trump denied the charges.

Cohn was also involved in the construction of Trump Tower, helping secure concrete during a citywide Teamster strike via a union leader linked to a mob boss.

At about this time, Cohn introduced Trump to another of Cohn’s clients, Rupert Murdoch.

During Ronald Reagan’s 1980 presidential campaign, Cohn helped another young man named Roger Stone.

As Stone later recounted, Cohn gave him a suitcase filled with money that Stone dropped off at the office of a lawyer influential in Liberal Party circles. “I paid his law firm. Legal fees. I don’t know what he did for the money.” In fact, the money was used to get New York’s Liberal Party to nominate Illinois Congressman John Anderson — thereby splitting New York’s opposition to Reagan. It worked. Reagan carried the state with 46 percent of the vote. (Ed Reich voted for Jimmy Carter.)

In 1986, Cohn was disbarred by the New York State Bar for unethical conduct after attempting to defraud a dying client by forcing the client to sign a will amendment leaving Cohn his fortune. (Cohn died five weeks later from AIDS-related complications.)

In his first and best-known book, The Art of the Deal, Trump drew a distinction between integrity and loyalty. He preferred the latter.

For Trump, Roy Cohn exemplified loyalty. Trump compared Cohn to “all the hundreds of ‘respectable’ guys who make careers out of boasting about their uncompromising integrity but have absolutely no loyalty … What I liked most about Roy Cohn was that he would do just the opposite.”

Ed Reich would vehemently disagree.

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

Happy Labor Day 2023 to all!😎

It’s a time to remember and appreciate all the workers, regardless of status, whose labors make America great!

"Reflections"
“Reflections”
Linekin Bay, ME
Labor Day 2023

🇺🇸 Due Process Forever!

PWS

09-04-23

🇺🇸🗽👩🏾‍🎓 INVESTING IN AMERICA’S FUTURE: MAINE MAKES EFFORT, WELCOMES NEW STUDENTS FROM ASYLUM-SEEKING FAMILIES!  — “School leaders say the work can be challenging and puts a significant strain on resources, but it’s also a privilege to welcome new students into the community.”

 

Gillian Graham
Gillian Graham
Staff Writer
Portland Press Herald

https://www.pressherald.com/2023/08/28/schools-make-last-minute-push-to-prepare-for-new-students-from-asylum-seeking-families/?utm_source=Newsletter&utm_medium=email&utm_content=Daily+Headlines%3A+Hundreds+celebrate+return+of+Gray-New+Gloucester%2FRaymond+Little+League+team&utm_campaign=PH+Daily+Headlines+ND+-+NO+SECTIONS&auth0Authentication=true

Local schools make last-minute push to prepare for new students from asylum-seeking families

In Freeport and Sanford, schools have hired English instructors and made other adjustments needed to welcome dozens of new students.

BY GILLIAN GRAHAM STAFF WRITER

Maine welcomes students
Maine welcomes students

 

Children catch bubbles Aug. 17 at a free barbecue organized by the Lewiston School Department to mark the end of its summer outreach program that provided numerous services for students and families. It also gave the School Department the opportunity to connect with students and parents, hand out schedules, sign students up and make connections before the start of school. Russ Dillingham/Sun Journal

With just a week to go before the first day of school, staff from Freeport schools headed to a local hotel to meet their newest students.

The 67 students, all from asylum-seeking families, had just moved to the Casco Bay Inn from the Portland Expo, where nearly 200 people had been staying in the temporary shelter before it closed. The families all decided to send their kids to Freeport schools instead of busing them to Portland to attend classes, said Jean Skorapa, superintendent of Regional School Unit 5 in Freeport.

“Our first goal is to get them enrolled and in a class,” she said. “That piece is done. Now we look at how to best serve their needs.”

The scramble to welcome new students and connect them with the services they need is becoming a familiar challenge in Freeport and other Maine communities where the families are settling.

For the past several years, school districts in southern Maine have had to make quick adjustments as they enroll dozens of students from asylum-seeking families, many of whom come from African countries and speak little or no English when they arrive. To meet their needs, they’ve had to hire more teachers for English learners, add social workers and support staff, and make sure translation services are in place to communicate with parents.

“For us, this is a new experience,” said Steve Bussiere, assistant superintendent in Sanford, where 38 students enrolled in May when their families arrived in the city. There will be 55 students from asylum-seeking families in Sanford schools this year, he said.

School leaders say the work can be challenging and puts a significant strain on resources, but it’s also a privilege to welcome new students into the community.

“We’ve had new Mainers with us over the past year and a half. They’ve made us a more well-rounded, diverse district,” Skorapa said. “They’re a wonderful addition to our school community and we welcome them with open arms and are thrilled to have them with us.”

. . . .

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

Read the complete article at the link.

Congrats to educational and political leaders in Maine for making the system work as it should! Immigrants becoming Mainers and settling down there is making a positive difference! Seems like the Feds, not to mention other states and localities, could use some of this same positive approach and enlightened, courageous leadership.

The Portland’s Press Herald’s Editorial Board echoed this view in an editorial published yesterday:

Our View: To invest in immigrant pupils is to invest in the future

A big effort by Maine schools to accommodate English language learners will have a big return for their communities.

A new experience.

That’s how Steve Bussiere, assistant superintendent in Sanford, described Sanford schools’ addressing the needs of 55 new students from asylum-seeking families this coming school year.

It’s a new experience for the kids, too, and thanks to thoughtful, time-intensive efforts by Bussiere’s colleagues and other schools around Maine – hiring additional teachers to teach English to English language learners, hiring more social workers and more support staff and refining translation services so that school staff and administrators can communicate with new pupils’ parents – it can be a good experience.

The focus on multilingual learners requires a serious effort and will make a serious difference to our state.

Thankfully, the Maine Legislature expressed its understanding of that fact in July, including $3.5 million for the support of English language learners – via the English Language Learner Hardship Fund – in the special supplemental budget.

This valuable funding becomes available to schools at the end of October. Portland’s public schools will receive more than $784,000; Lewiston, $631,000; South Portland, $302,000; Biddeford, $192,000, Brunswick, $150,000; Saco, $110,000; Freeport, $109,000, and Westbrook, $93,000.

In Freeport, arrangements have been made for 67 new students who recently moved with their families from the temporary shelter at the Portland Expo to the Casco Bay Inn. Jean Skorapa, superintendent of Regional School Unit 5 in Freeport, struck a crystal-clear and exceedingly warm note earlier this week – sounding like many other Maine educators on the same subject in recent years.

“We’ve had new Mainers with us over the past year and a half. They’ve made us a more well-rounded, diverse district,” Skorapa said. “They’re a wonderful addition to our school community and we welcome them with open arms and are thrilled to have them with us.”

In other school districts, efforts such as these have been up and running for a while. According to our reporting Monday, Lewiston schools work with students who speak a total of 38 languages. The school district there has a multilingual center that works with families and offers vital help with paperwork and orientation. Portland has been supporting new students from asylum-seeking families for years; in July, we reported that one-third of the district’s roughly 6,500 students were multilingual.

The numbers make it clear as day: The downside risk of underfunding English language learning is now way too steep for these parts of Maine to run. Yes, there’s a moral imperative here; it is also a legal requirement of our public schools. We trust that, on the strength of existing work in this realm, the practice of funding multilingual learning education becomes just that – a practice. Rep. Michael Brennan, D-Portland, House chair of the Education and Cultural Affairs Committee, expressed his commitment to continue funding the program “in the coming years.”

Appropriate investment in these students fosters a sense of belonging, reduces the risk of pernicious, hard-to-close learning gaps and, as students find themselves better and better equipped to support their families locally, has wide-reaching benefits. To say nothing of what it means for school graduates of the future. On top of that, successive studies have shown that the teaching techniques that assist English language learners assist all students.

That’s not to say there won’t be hurdles to overcome. In recent days, tense and ugly anti-immigrant rallies in Manhattan, Staten Island and Woburn, Massachusetts, laid bare the style of racist, isolationist thinking that continues to oppose even the most commonsense steps towards integration and inclusion.

Our schools need more support, and they need it to be specific. The calls for increased attention to the new members of the student body need to be sustained in their volume and their clarity. It makes sense, at every level, to seize this opportunity to enrich our classrooms and our communities.

Kids are our future. It’s definitely worth the effort!

Helping Hand
A Helping Hand.jpg
Image depicts a child coming to the aid of another in need. Once we have climbed it is essential for the sake of humanity that we help others do the same. It is knowing that we all could use, and have used, a helping hand.
Safiyyah Scoggins – PVisions1111
Creative Commons Attribution-Share Alike 4.0
White Nationalist Xenophobes like Trump, DeSantis, Abbott, & Ducey have abandoned Traditional Judeo-Christian values in favor of neo-fascism. But, the rest of us should hold true to our “better angels.”

🇺🇸 Due Process Forever!

PWS

08-31-23

🇺🇸🗽👍 WATCH TEA’S COFFEE: Immigrant Food’s Superstar 🌟 Co-Founder/COO & Cato’s Alex  Nowrasteh Take Apart The White Nationalist Restrictionist Myths About Immigrants! 

Tea Ivanovic
Tea Ivanovic
Co-Founder and Chief Operating Officer
Immigrant Food
PHOTO: Immigrant Food

 

Alex Nowrasteh
Alex Nowrasteh
Vice President for Economic & Social Policy Studies
Cato Institute

Tea writes:

Editor’s Note – August 2023

Dear Reader,

America is built on the drive and determination of immigrants. Even though immigration is one of America’s founding principles, it remains one of the most hotly contested social and political issues of modern times. This ongoing debate is fueled by a number of negative myths about immigrants that have taken root in society.

This month, we are committed to busting the common political, economic, and demographic myths about immigration. We examine how these myths have taken root in our society, how they spread, and what can be done to change the narrative on immigration.

For this month’s issue, we spoke with Alex Nowrasteh, the Vice President for Economic and Social Policy Studies at the Cato Institute. Alex is one of the leading voices when it comes to immigration policy.

Hope you gain new insights,
Téa

 

Watch “Tea’s Coffee” where she interviews Alex Nowratseh here:

https://immigrantfood.us4.list-manage.com/track/click?u=ce06e58bfebaeac8af360fd3e&id=2800d3f1d8&e=16814f5ced

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

Watch the video at the above link and find out more on the Immigrant Food website here:

https://immigrantfood.com/

Alex says there are three things we can do to combat the myths and lies being spread by the nativist/restrictionists:

  • Recognize the humanity of immigrants and their legal rights under our laws;
  • Emphasize that immigrants compliment, rather than compete with, us;
  • Point out that the “border chaos” is largely the result of bad laws and failed deterrence policies rather than the fault of immigrants.

By contrast, you can spot the bogus restrictionist/nativist myths a mile way because they:

  • Dehumanize immigrants by falsely reducing them to “statistics, numbers, apprehensions, beds, costs, graphs, and charts;”
  • Make the bogus claim that our economy is a “zero sum game” where every additional immigrant means “less of the pie” for you or me — a claim which is demonstrably false because people and immigration are what have allowed us historically to expand our economy so there potentially will be more for everyone (provided that those at the top don’t grab a disproportionate share for themselves);
  • Promote the myth of “just get in line” when there in reality is no line for most to get in because of the unduly restrictive nature of our laws and their poor administration by successive Administrations. They ignore the reality that robust migration is here to stay. The real choice is whether or not we want realistic laws and policies that recognize and harness that reality or instead continue to reward smugglers, enrich jailers, and force millions of migrants into the “extralegal” underground economy where they can not contribute fully economically or politically.

 

Haley Sweetland Edwards
Haley Sweatband Edwards
Nation Editor
Time Magazine
PHOTO: Pulitzer

As another “myth debunker,” Time’s Haley Sweetland Edwards, said:

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.

https://immigrationcourtside.com/2019/01/27/inconvenient-truth-haley-sweetland-edwards-time-tells-what-trump-miller-cotton-sessions-their-white-nationalist-gang-dont-want-you-to-know-human-migration-is-a-powerful-force-as-old/

Clown Court
“And the winner was . . . .”
PHOTO: Clown Civertan.jpg, Creative Commons License

“Governments must act rationally!” Certainly, neither Trump nor any of the GOP clowns 🤡 seeking to be him are “rational actors” on immigration, the economy, infrastructure, education, individual rights, or anything else of importance to our nation. Indeed, the ignorance, indecency, irrationality, and bias exhibited during the so-called “GOP debate” was beyond appalling, despite the media’s pathetic attempts to “normalize” idiocy. Six folks afraid to say “hypothetically” that they would vote for someone OTHER than a convicted felon who made totally baseless claims that he won the 2020 election! Gimmie a break! (I’m certainly not the only one impressed by the disturbingly low quality of  the GOP “field.” See, e.g., https://www.huffpost.com/entry/larry-hogan-gop-candidates-trump-conviction-question_n_64e82302e4b0a2a9abc4bdc0).

Tea Ivanovic — an amazing immigrant entrepreneur and inspirational leader who is on Forbes’s list of “30 under 30” — is a stellar example of how immigrants of all types — from those at the border to those in boardrooms — make America better! See, e.g.,

https://immigrationcourtside.com/2023/07/22/🦃-hokie-hero-va-tech-honors-ndpa-all-star-tea-ivanovic-of-immigrant-food-industry-leader-spotlight-disruptive-food-startup-incorporates-gastronomy-a/

Food for thought from Tea and the good folks at Immigrant Food!

🇺🇸 Due Process Forever!

PWS

08-26-23

⚖️🗽 ATTENTION NDPA: TRAINING OPPORTUNITY: Special Immigrant Juvenile Status (“SIJS”) Webinar From National Association of Women Judges on September 6 @ 1:30 pm — Register Here!

SIJS Training
SIJS Training

Here’s the registration link:

https://nationalassociationwomenjudges.app.neoncrm.com/eventReg.jsp?event=278&

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

Hon. Eliza Klein
Eliza C. Klein, a retired immigration judge, said the asylum case backlog “creates a second class of citizens.”Credit…Taylor Glascock for The New York Times

My good friend and Round Table colleague, Judge (Ret.) Eliza Klein, is among the all-star faculty.

Please note that this is a “live only” webinar that will NOT be recorded or repeated. Register now at the above link!

🇺🇸 Due Process Forever!

PWS

08-25-23

😎👍 MAINE REJECTS  “BEGGAR THY NEIGHBOR” PHILOSOPHY IN FAVOR OF HELPING EVERYONE DO BETTER!

Op-Ed From The Portland Press Herald:

https://www.pressherald.com/2023/08/05/commentary-during-turbulent-times-maine-invests-in-its-people/

Commentary: During turbulent times, Maine invests in its people

During the latest legislative session, much was done to ensure that prosperity is within reach of all Maine citizens and residents.

BY LUISA S. DEPREZ AND LISA MILLER SPECIAL TO THE PRESS HERALD

The times in which we live are, and have been, difficult. Turbulence confronts us at every corner, upon every turn. Around us things are constantly changing – economically, politically, medically, socially. There is too often too little upon which to rely to attain and maintain a degree of certainty in one’s life.

As we emerge from the COVID pandemic, we find its effects lingering in large workforce and societal shifts: lost jobs, lost day care, essential care workers leaving the workforce, older workers retiring early or moving into part-time work to stay afloat, small businesses closing, women leaving jobs to care for young, sick and elderly family members, people moving to and from communities, and rents and housing prices skyrocketing. These effects persist; regaining some degree of stability will take time.

ABOUT THE AUTHORS

Luisa S. Deprez is professor emerita of sociology and the Edmund S. Muskie School of Public Service at the University of Southern Maine. Lisa Miller is a former legislator who served on the Health and Human Services and Appropriations and Financial Affairs committees. They are members of the Maine chapter of the national Scholars Strategy Network, which brings together scholars across the country to address public challenges and their policy implications.

Yet we now see a glimmer of hope, a light at the end of the tunnel. Definite improvements in the overall economy are emerging: unemployment rates are at a historic low, housing starts are increasing, the manufacturing sector has seen an increase in orders for the past few months, consumer confidence has risen dramatically, and inflationary pressures are subsiding.

Maine’s policymakers are now tasked with ensuring that Mainers share in that rebound – that families and communities can build new pathways to prosperity and well-being. Enhancing and promoting prosperity must be the primary concern of policymakers and elected officials.

Classic views of “prosperity” usually refer to economic success and building wealth. But broader definitions of prosperity include becoming or remaining strong and healthy and flourishing. In other words, thriving. Yes, individual initiative and responsibility is critical to building prosperity, but the assurance to do so is rarely achievable in the absence of government support. Nor is success sustained without such support.

Policymakers and state officials know this well, as seen in recent bills and initiatives that emerged from this past legislative session:

• Workers can take paid family leave to combat illness or care for a loved one.

• New child tax credits provide additional support to low-income families.

• Older Mainers will receive financial support for medical costs and property tax bills.

• Child care gets a boost through improved wages and broader subsidies.

• More affordable-housing initiatives were funded.

• A new business incentive program was created.

• A workforce training tax credit will help employers grow the skill level of Maine workers.

• Additional support for emergency food and shelter was funded.

These achievements should be celebrated as they will certainly contribute greatly to the rebound necessary for individuals, communities, and the state to regain some of the losses.

But there was much left undone to build prosperity for everyone. The Wabanaki nations are still denied rights and protections; immigrants continue to be denied access to MaineCare; health care costs are even more burdensome for an increasing number of Mainers; pay disparities by gender and race remain; agricultural workers continue to be exempt from basic labor laws; workers with low salaries remain ineligible for overtime, and corporate loopholes and tax-avoidance prevail, leaving communities to carry the load for citizen and community investments.

During this legislative session, many organizations and individuals lobbied tirelessly to ensure that prosperity is within reach of all Maine citizens and residents. Both Gov. Janet Mills and the Legislature responded with investment of tax dollars to help everyday people stay in their jobs or seek new ones, become healthier, and be more productive.

Political and moral philosopher J.S. Mill would argue that “societies tend to flourish when individuals have a wide scope for directing the course of their own lives.” Many of the bills passed by the Maine Legislature do just that. But more needs to come. We are not done.

************************
Governance for the common good is what it’s supposed to be all about!

🇺🇸 Due Process Forever!

PWS

08-07-23

🇺🇸⚖️🗽 GW IMMIGRATION CLINIC STUDENTS SAVE ANOTHER LIFE!😎 — “[He] clicked the trigger of the gun, which made a sound, but did not fire a bullet.”

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

Professor Alberto Benítez reports:

This past Wednesday, August 2, Immigration Judge (IJ) Dinesh Verma of the Hyattsville Immigration Court granted asylum to Immigration Clinic clients R-R- and her 17-year-old son, D-R-. R-R- and D-R- have been Clinic clients since 2019 and their asylum applications were filed that year with the assistance of the Clinic. Their merits hearing was originally scheduled for 2020, but was postponed until this past Wednesday due to the pandemic. They were represented at their hearing by Immigration Clinic summer intern Brennan Eppinger, a rising 2L.

R-R- and D-R- fled Honduras after R-R- stood up to a gang member who was trying to recruit her son, D-R-, to transport drugs. D-R- was 11 years old at the time. The gang member later broke into their home, put a gun to R-R- ‘s head, asked R-R- if she had ever played Russian roulette, and the quote in the subject line is what happened next. R-R- and D-R- sought safety in the United States shortly after.

Please join me and Professor Vera in congratulating Navil Infante, Alex North, Rachel Kidd and Jasmine Elsmasry, who all worked on the case. IJ Verma is a GW Law alum and was a student in my Immigration Law I class in 1997. Brennan noted this fact on the record but the IJ (who did remember me) and the ICE trial attorney waived any conflict issue.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

650 20th Street, NW

Washington, DC 20052

(202) 994-7463

(202) 994-4946 fax             

abenitez@law.gwu.edu

THE WORLD IS YOURS…

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

Many congrats to all involved! 

Interestingly, I used the “Russian Roulette analogy” yesterday in referring to AG Merrick Garland’s dismissive attitude toward the outrageous inconsistencies and abuses in his EOIR asylum adjudications. 

⚖️☠️ BLOWING THE BASICS! — IJ Misapplies “Under Color Of Law Doctrine” In CAT Case; BIA Affirms; 10th Circuit Reverses, Blowing Away Garland DOJ’s BS “No Jurisdiction” Argument In The Process — “[The IJ’s] interpretation defies logic and the law.” — We Deserve Much Better From Dem AG!

This is a wonderful, inspiring result, produced by great student lawyering, a thoughtful IJ, and an ICE ACC with a sense of justice and practicality. It should be the rule, not the exception, in EOIR asylum adjudication! But, sadly, it isn’t!

Alfred E. Neumann
Has Alfred E. Neumann been “reborn” as Judge Merrick Garland? “Not my friends or relatives whose lives as being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their immigration lawyers, so who cares, why worry about professionalism, ethics, and due process in Immigration Court?”
PHOTO: Wikipedia Commons

I virtually guarantee that if this case had been adjudicated at the border, in detention, and/or on one of Garland’s “expedited/dedicated” dockets, the result would have been unfavorable. And, depending on the circumstances, it’s not even clear that an applicant with this type of very grantable claim would have access to the asylum adjudication system under Biden’s “enjoined but stayed transit rules!” See, e.g., https://twitter.com/Haleaziz (A “temporary win” for the Biden Administration, engineered by two 9th Cir. Dem judicial appointees, is a big loss for humanity and the rule of law, defended only by dissenting Trump appointee, Judge VanDyke, a result that should leave advocates scratching their heads about their place in today’s mushy Dem Party.)

Cases like this illustrate how the EOIR system could be run in a fair, efficient, professional, and properly humane manner! But, they don’t answer the question of why isn’t set up to run that way in every case under Garland!

Also, and quite perversely, the failure of the Biden system to produce fair and equitable results at the border puts a premium on individuals who can avoid border processing and get to the interior (the exact opposite of the result Biden claims to be trying to achieve)! 

This is a totally screwed up system being “administered” by a Dem Administration that sorely lacks both courage and a clear vision of how to insure that asylum seekers and other immigrants, particularly those of color, receive due process and justice in America!

🇺🇸Due Process Forever!

PWS

08-04-23 

🇺🇸🗽⚖️👍🏼😎 CONGRATS TO GW LAW IMMIGRATION CLINIC ON “WIRE TO WIRE” SUCCESS!📣

GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera — They have dedicated their professional careers to teaching skills and values that change lives and advance a vision of a better future America!

Professor Alberto Benítez reports to Courtside:

Victory is the only option!

A shout-out to our student-attorneys Julia Yang, Spoorthi Datla, Cornelia Waugh, and Kelly Zhang. Yesterday our client S-L, from China, Kelly, and Paulina Vera attended an interview at USCIS. The client is a survivor of domestic violence and we had filed several applications on her behalf, including one for naturalization. Today all the applications were granted. S-L’s oath ceremony will be scheduled.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

650 20th Street, NW

Washington, DC 20052

(202) 994-7463

(202) 994-4946 fax             

abenitez@law.gwu.edu

THE WORLD IS YOURS…

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

Many, many congrats to all involved! 

Given the endemic delays at every level of the dysfunctional USG immigration bureaucracy, seeing a case through from the initial application to eventual naturalization is no mean feat!😎 THIS, NOT the total disgraceful BS emanating from Trump, DeSantis, Abbott, and the rest of the GOP xenophobes, is what the REAL “American Dream” is all about and what REALLY “Makes America Great” — NOT totally disingenuous slogans and “throwaway lines” from those afraid to embrace and celebrate the REAL America!🇺🇸 

The future of American immigration advocacy looks promising, notwithstanding the incredibly dark visions being falsely promoted by GOP restrictionists and the disturbingly feeble response from the Biden Administration and Dems in Congress. The talent in the “New Generation” of the NDPA continues to grow thanks to the inspiration and tutelage of Professors Benitez and Vera and many others like them who have dedicated their lives to making things better for everyone! 

As a result, there is a rapidly expanding talent gap between the NDPA and the sluggish, unresponsive, “go along to get along” USG immigration bureaucracy — right up to the White House where so-called “policy makers” fear standing up for the rule of law and American values! Getting the talent from the “outside” to the “inside” where they can solve problems and advance progressive, practical American values is the challenge that will determine the future of our democracy!

🇺🇸 Due Process Forever!

PWS

07-31-23

⚖️🗽 TRIPLE HEADER!  — Cornell Immigration Clinic Wins 3 @ BIA!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law

Professor Stephen Yale-Loehr reports:

Paul: Thanks to the excellent work of our law students, our Cornell asylum clinic received three BIA remands this spring.  A short summary of each case follows.  A longer summary of each case is attached, as well as redacted versions of the BIA’s decisions. If anyone wants redacted copies of our briefs, have them contact me directly.

 

Please mention on Immigration Courtside.  Thanks, Steve

 

1: IES is a citizen of Mexico and a former gang member.  The immigration judge (IJ) denied withholding and CAT relief, holding that his conviction in California was a particularly serious crime and that our client did not meet the requirements for CAT relief. For the particularly serious crime argument, our brief argued that the IJ improperly analyzed IES’ offense, ignored credible evidence that the drugs were for personal use, and relied on boilerplate sentencing documents instead. As a result, the IJ failed to analyze IES’s motivation and intent at the time of the offense. We used case law where crimes like sexual contact with a minor (Afridi v. Gonzalez) and strangulation (Flores-Vega v. Barr) were remanded because the facts and circumstances of the offense had not been considered.

 

For our CAT argument, we focused on 6 IJ errors: 1) the IJ did not consider that his prolonged mental pain would cause future torture (we had psychological evaluation reports and decided to use them for this argument). This is an underutilized argument in CAT claims, so there isn’t much case law. We used the interpretation from an OLC opinion on prolonged mental harm to bolster this argument. 2) The IJ did not consider future torture from gangs and cartels despite an expert saying this risk was at 80%. 3) The IJ did not consider country conditions and did not admit 400 pages into evidence. 4) The IJ mischaracterized his attempts to flee cartels 8 times as “relocation.” 5) The IJ did not think there was police acquiescence even though the police, the local Attorney General, and the judicial police ignored IES’ complaints. 6) The IJ did not aggregate IES’ risk of torture. The BIA remanded.

 

2: LRG is a citizen of El Salvador who fled to the US in 1989.  While in the US he joined the MS-13 gang. He is in U.S. prison for a criminal conviction. The IJ denied withholding and CAT relief. Our client’s info was part of the November 2022 ICE data leak, but the IJ did not address that concern.

 

Our brief argued that our client is more likely than not to face torture if removed to El Salvador. We posited several theories under which our client is likely to be tortured: 1) by the Salvadoran government, especially if our client is incarcerated there; 2) by Salvadoran gangs, in or out of prison, with the acquiescence of the Salvadoran government; and/or 3) by Salvadoran anti-gang death squads, with the participation or acquiescence of the Salvadoran government. We argued that our client’s identifying characteristics, including his gang tattoos and criminal history, would subject him to targeting and torture by any of these groups. We also argued that the IJ insufficiently aggregated our client’s risk of torture in El Salvador and that the IJ erred by failing to consider the impact of the ICE data leak on our client.  Finally, we argued that the IJ afforded insufficient weight to the evidence offered by our client. The IJ admitted Dr. Patrick McNamara’s universal expert declaration only as background evidence, rather than for his expert opinions. The BIA remanded.

 

3: REC is a citizen of El Salvador who fled to the US in 2022.  REC was not a gang member, but his brother was, and was killed by the police.  REC’s family filed a lawsuit against the police for murdering REC’s brother, and the police retaliated against REC.  The IJ denied asylum, withholding, and CAT relief.

 

On asylum and withholding, we argued that the IJ erred by ignoring the Salvadoran government as a persecutor of REC and by failing to assess the proper particular social group that REC had proposed, based on his membership in his family. On CAT, we argued that the IJ effectively ignored part of REC’s claim by failing to analyze whether the MS gang would be more likely than not to torture him. We further argued that the IJ’s analysis about the Salvadoran government as a torturer of REC was flawed because the IJ herself found that Salvadoran officials “misused their power” when they beat him. We argued that the IJ also erred because she did not aggregate all potential sources of torture, including the government and the MS gang. The BIA remanded.

Stephen Yale-Loehr

Professor of Immigration Law Practice, Cornell Law School

Faculty Director, Immigration Law and Policy Program

Faculty Fellow, Migrations Initiative

Co-director, Asylum Appeals Clinic

Co-Author, Immigration Law & Procedure Treatise

Of Counsel, Miller Mayer

Phone: 607-379-9707

e-mail: SWY1@cornell.edu

Twitter: @syaleloehr

Check out my Green Card Stories book:

http://www.greencardstories.com.

 

See more of my books at amazon.com/author/stephenyaleloehr

You can access my papers on SSRN at: http://ssrn.com/author=109503

Cornell 1 Cornell 2 Cornell 3 Cornell 4 Cornell 5 Cornell 6

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

Get all the details in the six attachments above!

Thanks, Steve! And, congrats and “hats way off” (as my friend Dan Kowalski would say) to the clinic students involved! 

Interesting to contrast the careful work of the clinic with the sloppy, result-oriented work of the IJs in these cases. 

🇺🇸 Due Process Forever!

PWS

07-29-23

🇺🇸⚖️🌟 NDPA ALL-STAR PROFESSOR PAULINA VERA NAMED ONE OF LAWYERS OF COLOR’S INAUGURAL “WONDERFUL WOMEN!”

 

pastedGraphic.png

The Jacob Burns Community Legal Clinics at The George Washington University Law School

The Jacob Burns Community Legal Clinics at The George Washington University Law School

557 followers

557 followers

3d •

3d •

Follow

Professor Paulina Vera has been named one of Lawyers of Color’s inaugural “Wonderful Women,” which recognizes dynamic women attorneys working in law firms, companies, and government agencies who show promise in their careers and demonstrate a strong commitment to advancing diversity in the legal profession! If you’re interested, the press release can be found here: https://lnkd.in/gGAC-85F

Activate to view larger image,

Paulina Vera
Paulina Vera
GW Law Faculty Profile

Activate to view larger image,

  • pastedGraphic_2.png
  • pastedGraphic_3.png
  • pastedGraphic_4.png
  • 55
    You and 54 others
    5 comments
    2 reposts

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

Congratulations again, Paulina, my friend! So well deserved!  Can’t wait to see you on the bench @ EOIR, some other Federal Judgeship, or another high-level leadership position. 

Paulina was a (Legacy) Arlington Immigraton Court Intern and a “charter member” of the NDPA!

🇺🇸 Due Process Forever!

PWS

07-24-23

🇺🇸 BLACK HISTORY: In 1838, The Jesuits Of Georgetown University “Saved” Their School By Literally Selling Their Enslaved African-American Workers “Down The River” (In This Case, Down The Mississippi To Louisiana)! — That Fateful Decision Reverberates Today!

Slavery & Jefferson
Slavery, its wonton cruelty, negative impact on America, and the stories of the enslaved African Americans who persevered can’t ultimately be “swept under the carpet” by GOP white nationalists. 
IMAGE: Public realm

https://www.nytimes.com/2023/06/28/books/review/the-272-rachel-swarns.html?smid=nytcore-ios-share&referringSource=articleShare

David W. Blight reviews Rachel Swarns’s new book “The 272” For The NYT:

. . . .

“The 272,” Rachel L. Swarns’s deeply researched and revelatory new book, is the story of the remarkable Mahoney clan and how their lives, nearly a century and a half after Ann Joice’s, intersected with those of Mulledy, McSherry and the Jesuits in one of American slavery’s most withering tragedies. “The 272” is a fascinating meditation on the meaning of slavery and of people converted to property and commodities — assets of wealth and objects of sale. It’s a book that journeys to slavery’s heart of darkness: to the separation of families, the terror of being sold into the vast unknown and of bodies transformed into profits and investments. But it is also the moving human story of some of the people who endured and survived this ordeal, and who have long awaited rediscovery.

Swarns, a contributing writer for The New York Times and a professor of journalism at N.Y.U., is an African American Catholic who was raised on Staten Island. Beginning with an article in The Times in 2016, she revealed the story of the Jesuits as slaveholders and traders, leading to a stunning reckoning by Georgetown University with its past as well as one within the Jesuit order itself. Swarns writes with a keen eye and distinctive voice both about her Black subjects and about the hypocrisy and brutality of their onetime owners. The Jesuits were no monolith of greed and evil, however; Swarns sustains empathy for some who tried, largely unsuccessfully, to protect the enslaved people they had known so closely from the agony of sale that looms over this story.

. . . .

What comes through most effectively is the sorrow and the determination to survive of the enslaved people whom Swarns brings to light through her sleuthing and resonant prose. (Of Ann Joice, Swarns writes, “She would have no wealth, no land and no savings to leave her family, but she still had her story. … The story would be her legacy.”) Swarns also underscores the importance of Georgetown’s ongoing efforts at serious reparations for the deeds of its early leaders. An independent nonprofit, the Georgetown Memory Project, has identified around 6,000 living descendants of the original 272. In turn, the university has offered descendants formal “legacy” status for admission, sought atonement through a highly publicized apology and created a fund that would dedicate $400,000 a year to community projects, including support for health clinics and schools, likely to benefit descendants. Leaders of the Jesuit conference of priests have also vowed to establish a $100 million trust to benefit descendants and promote racial reconciliation.

No single work of history can remedy the vexing issue of repair for slavery in America, but “The 272” advances the conversation and challenges the collective conscience; without knowing this history in its complexity we are left with only raw, uncharted memory.

David W. Blight is the author of the Pulitzer Prize-winning “Frederick Douglass: Prophet of Freedom” and the forthcoming “Yale and Slavery: A History.”

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

Read Blight’s full review at the above link.

This is the kind of important, often intentionally buried, history that GOP white nationalists like DeSantis, Trump, and others don’t want read and honestly discussed. But, as with most artificially suppressed works, the truth will out! There are just too many people speaking it these days for even the neo-fascist censors to silence them all.

It also illuminates the heretofore unknown and unheralded stories of enslaved African-Americans like Ann Joice who, against the odds, persevered in a grotesquely unjust and horrible system so that future generations could have a chance at a better life. These are are among the real heroes of  American history who helped make our country what it is today. Their stories deserve to be told and studied.

Full disclosure: I am an Adjunct Professor of Law at Georgetown University Law School.

🇺🇸 Due Process Forever!

PWS

07-09-23

🇺🇸🗽⚖️  MORE JULY 4, 2023 THOUGHTS FROM REAL AMERICAN PATRIOTS!

 

Kelly White ESQ
Kelly White
Director, Detained Adult Program
CAIR Coalition
PHOTO: Linkedin

From Kelly White, Director, CAIR Coalition Detained Adult Program:

https://lnkd.in/em8yNdSH

The Feeling of Freedom

July 3, 2023 by Kelly White, Esq.

I love this country dearly, but not without deep sorrow for the mistakes of my own homeland.  And so, I criticize it because I want this place to mean freedom for everyone.

On July 4th, I will celebrate with my mixed-immigrant, first-generation family, neighbors, and community.  I tell my little one she is an Incan-Viking Warrior (because she is). And that there are places where not everyone is free, including in our own country. But we are working to change that. I try to teach her about refugees and why people flee their homes to come to the United States.

We also talk about family separation. Not long after zero-tolerance began, another child told mine that she “belongs in a cage” after all of us, young and old alike, saw those images. These are the misgivings of small children but also the symptoms of a deeply flawed system and culture. The way the Zero Tolerance Policy desecrated freedom continues to haunt us today.

As the director of CAIR Coalition’s Detained Adult Program, I believe we can help right the path our country is currently on—one that continues to separate families with unrestrained racism and violence.  The family separation crisis is ongoing, senseless, and continues to destroy our communities.

The United States has the largest immigration system in the world and is currently detaining approximately 29,000 immigrants, more than 63 percent of whom have no criminal record.  In addition, the Biden Administration has deported over four million people, the majority for simple civil immigration violations, including not having the correct paperwork.  This should be the least complicated public policy-making decision.

Immigrants’ rights groups need a new platform to stop these inhumane policies.  It should be simple:

  • Stop separating families.
    On an annual average, over 1,500 children in the DMV are impacted by a parent’s detention. Over a thousand children put their best forward as they try to move on with their lives without their parents—over a thousand children!
    Why policies that harm our own children and communities are allowed to continue is heartbreaking.  Our policies must keep families together.
  • Provide Immigrants in deportation proceedings with government-appointed counsel.
    Immigrants in deportation proceedings, including parents, are forced to defend themselves against a government-trained attorney without a right to court-appointed counsel in a language often not their own.  This means children become indefinitely separated from their parents simply because the right to a public-defense counsel is not available in immigration court. One solution would be to support the Fairness to Freedom Act and local programs for the right to counsel.

Being a parent is scary enough because there is very little you have control over in this world, but I know I am free to access the institutions in this country to care for, educate, and protect my child, but not everyone does.

As I celebrate this holiday, I will light fireworks and sparklers and do so as a symbolic spark to action for change and family unity.  I hope you will join me.

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

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

From Professors Alberto Benitez and Paulina Vera, Co-Directors, GW Law Immigration Clinic:

“Thank you isn’t enough to express how grateful we are.”

On May 22, 2023, V-M- was granted her green card. Her applications were filed on April 18, 2022 and her interview at USCIS was waived. V-M- is the wife of our long-time client, E-K-. The Clinic started representing E-K- in 2009 and helped him obtain asylum, his green card, and then his U.S. citizenship. Once he became a U.S. citizen, he was able to petition for his wife, V-M-, with whom he has two kids, ages 2 and 4. Like E-K-, V-M- is from Cameroon.

Please join me in congratulating Mir Sadra Nabavi and Trisha Kondabala, who both worked on the case.

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

Jay Kuo
Jay Kuo
American Author, Producer, CEO of The Social Edge
PHOTO: Facebook

From Jay Kuo @ Substack:

https://statuskuo.substack.com/p/independence?utm_medium=email

Today, a personal essay.

When I was little, my Ba would bring out fireworks for the Fourth of July. He acquired them in places like Maryland, where our family would go summer camping on the state beaches, and brought them across state lines to our little suburban enclave in upstate New York. As soon as it was dark enough out, many of our neighbors would gather, the area kids eager to see what Mr. Kuo had in store that year. Sparklers for sure. Sometimes big noisemakers. And always more than a few showstopper rockets with brilliant flourishes of color. He would hand them out to us to dole out to the other children without a thought to liability.

The 1970s were a crazy time.

Subscribed

It didn’t occur to me until much later that there was some irony here. We were the only Chinese American household in the area. With four kids and a house on the corner of two main streets, our family was the center of activity for Tioga Terrace. And on July 4, Ba would bring the magic, developed centuries ago by people who looked like us, gunpowder mixed carefully with binding and coloring agents, bringing wonder and delight.

I understood we were celebrating the independence of America from the British Crown, and I most clearly remember the bicentennial celebration that took place in 1976. Our schools had focused heavily on American history that year, yet most of my understanding of what had transpired 200 years before still came from watching our Founding Fathers sing about it in the movie 1776.

Musical theatre has always been in my DNA.

In that merry portrayal, the heroes of the revolution were towering figures: debonair, erudite, romantic, able to find gallows humor at the darkest of hours. I remember best the musical number around whether slavery should be condemned in the words of the Declaration. It was a terrifying and bewildering song. What did molasses and rum and Bibles have to do with Roots? And I remember vividly poor Thomas Jefferson, the author of that brilliant document, being called out for still practicing slavery on his property.

“I have already resolved to release my slaves,” said a quietly thoughtful Jefferson.

I sincerely believed that earnest and brave man, who thrilled his colleagues with the playing of his violin, his adoring wife Martha swooning to the tune. He was a noble man, to be admired.

We didn’t learn the real truth about Jefferson, or about any of the Founding Fathers, in class. And it wasn’t taught to me in college either, even though I was a political science major. The first person to challenge my view of our any of the Founders was a Black colleague I met during my RA training, who had brought up that we don’t ever teach real history. She cited the story of Jefferson and Sally Hemings, one of the many slaves he owned—a girl he had raped when she was just 14 years old.

I didn’t want to believe it. The Declaration of Independence, and its famous author, were sacred in my mind. The principles they espoused were of the highest order. And in my mind, July 4th was my favorite holiday, next to Christmas. For one day, Ba was cooler than all the other dads, and at least for that day we were the most popular kids in the neighborhood, even though we were not fully American—at least, that’s how it had always felt.

Once the veil was pierced, however, the truth began to burn holes through my mind. I began to question a great deal of the mythology that had been spoonfed to me, really to all of us. Christopher Columbus, that was a shocker. Manifest Destiny. The Chinese Exclusion Act. The Tulsa Massacre. The internment of Japanese Americans. With each revelation, it was hard not to become deeply and irretrievably cynical about our history and the way our country has always acted toward the most vulnerable in America.

There’s a strange thing that happens when you come out the other end of all that. I began to wonder how they did it. How did people like Frederick Douglass, Dr. Martin Luther King, Jr., and even my own hero George Takei still have anything left of faith and belief in this country, after all it had done to them, their families, their communities?

“We hold these truths to be self-evident.”

That all people are equal. That we all possess “unalienable rights of life, liberty and the pursuit of happiness.”

Those words were revolutionary in their time. And they indeed spawned a revolution. Despite my great disillusionment, they still inspire and hold true for me today. That’s the power of the enduring promise of America. Not that we will always, or even most of the time, get things right, or that we won’t stumble our way into dark and nearly hopeless chapters of genocide, slavery, internment, and yes, growing Christofascism today.

Loving the promise of America isn’t the same as loving what it has done and still does to break that promise, over and over. But I’ve come to appreciate the high value of maintaining our gaze upon that North Star, the one that still shines for liberation, fairness and equality. That the promise has now endured nearly 250 years speaks to our collective and deep desire for hope, even in the face of broad and dehumanizing injustice and inequity.

The America that our white, propertied, slave-holding male Founders envisioned isn’t what we’ve got today. But that’s because we’ve improved upon that vision. For me, the America of tomorrow is a truly multi-racial, multi-denominational, pluralistic democracy, a place of opportunity and prosperity, with no one left behind. That is the vision that sustains me. It’s the one where my Chinese father could hand out fireworks on July 4 to excited, white kids and seem the most American of all the dads.

We inherited both a sacred promise and a big mess from those who came before, and we’re still working on both. The fact that it is so very hard, and we have so very far still to go, is strong evidence of the incredible value of that promise. This is evidenced in great part by how fiercely others will fight with all they have to keep us from it.

But nothing worth fighting for was ever won without a fight. And in the end, the enemies of our unalienable rights will fail. That is the faith I keep.

Happy Independence Day. Our fight continues.

— Jay

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

As Jay says, “the fight continues.” And, the patriots quoted above are on the front lines!

Sad historical footnote: Whatever the “musical version of TJ supposedly ‘resolved,’” the real-life version freed only two enslaved workers in his lifetime and five (including two of his own children) at death. The rest of his enslaved workers and their families were sold upon his death to pay off his monumental debts. Thus, these enslaved African-Americans paid a huge personal price for this “Father of Freedom’s” gross financial mismanagement!

Slavery & Jefferson
For African Americans, working and being owned by the primary drafter of the Declaration of Independence was a bad deal! No freedom, no pay, and almost all of those he owned at death got sold to pay off the debts he left, resulting in the permanent separation of families! This is the real history of our nation that Trump, DeSantis, and other GOP White Nationalist “snowflakes” don’t want you to hear or learn. 
IMAGE: Public realm

According to Wikipedia:

Thomas Jefferson, the third president of the United States, owned more than 600 slaves during his adult life. Jefferson freed two slaves while he lived, and five others were freed after his death, including two of his children from his relationship with his slave (and sister-in-law) Sally Hemings. His other two children with Hemings were allowed to escape without pursuit. After his death, the rest of the slaves were sold to pay off his estate’s debts.

🇺🇸 Due Process Forever!

PWS

07-05-23

😇🙏🏽SANCTUARY, A TIME-HONORED ANTIDOTE TO CRUELTY & STUPIDITY, PUTS AMERICA’S 🇺🇸🗽BEST FOOT FORWARD 👏: “It means treating [migrants] like humans in need rather than pawns.”

MATTHEW 25
Holy card ( 1899 ) showing an illustration to the Gospel of Matthew 25, 34-36 – rear side of an obituary.
Wolfgang Sauber
Creative Commons Attribution-Share Alike 4.0

https://www.latimes.com/opinion/story/2023-06-21/la-ed-sanctuary-cities

From the L.A. Times Editorial Board:

Editorial: Sanctuary cities are working just fine, thank you

When Republican Govs. Greg Abbott of Texas and Ron DeSantis of Florida bused and flew migrants to Los Angeles, New York, Washington, D.C., and other so-called “sanctuary cities,” they might have envisioned they were exporting the same chaos as border states have experienced as they grapple with a historic number of migrants. They wanted leaders in these cities to admit they were wrong about their immigrant-friendly policies.

Earlier this month, Abbott sent migrants on a bus to Los Angeles. And DeSantis has admitted he dispatched migrants on two chartered flights to Sacramento a few days earlier, luring them with false promises of housing, shelter and legal help.

But Abbott and DeSantis are mistaken if they think they are teaching cities with sanctuary polices any lessons with their inhumane political stunts or causing their leaders to rethink their commitment to not treating migrants as criminals.

Those governors and their political allies also seem to be confused about what it means when cities have sanctuary policies. Though policies vary, providing sanctuary means not turning migrants over to federal immigration authorities simply for being in the country illegally. It means treating them like humans in need rather than pawns.

OPINION

Editorial: Migrants flown to Sacramento are human beings, not political pawns

June 5, 2023

That’s what leaders in Los Angeles, Sacramento and other “sanctuary cities” did as buses and planes dumped dozens of tired and often confused migrants on their doorsteps in recent months. They rallied attention and resources, while religious and other nonprofit organizations stepped up to welcome the migrants with shelter, food and clothes. In some instances, these migrants have even found temporary jobs, illustrating the need for their labor.

Abbott and DeSantis may also not realize that sanctuary policies were designed to help law enforcement keep communities safe. Sanctuary policies were developed because police in many cities such as Los Angeles were frustrated because undocumented immigrants were not reporting crimes or stepping forward as witnesses for fear of deportation.

Critics say these sanctuary cities have laws and policies that shield criminals and obstruct federal immigration policies. But cities with sanctuary policies have lower than average crime rates, higher household incomes and lower poverty rates, according to various studies.

Local authorities did not refuse to cooperate with immigration enforcement, as critics claim. They simply limited the role of local law enforcement in immigration cases, for example, by not using local police to do immigration checks or by not holding an undocumented immigrant in custody for a few extra days to serve federal authorities’ schedules.

OPINION

Editorial: There’s a crisis at the border all right, but one created by political posturing

Sept. 20, 2022

Los Angeles is in the midst of transitioning from a “city of sanctuary” to “sanctuary city.” The difference is more than just semantics. The former designation is little more than a statement by city leaders in 2017 that they opposed then-President Trump’s dehumanizing anti-immigrant policies, which included separating young children from their parents. Some of those children have yet to be reunited with their parents years later. Earlier this month, the City Council voted to strengthen the policy by banning city personnel or resources from being used for immigration enforcement.

It’s true that the transports of migrants by the Texas and Florida governors have been inconvenient to cities such as Washington and New York, which have had to scramble to find housing and other resources. But they haven’t done a thing to undermine the foundation on which sanctuary policies were built.

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

The money wasted by these GOP nativist neo-fascists could much better be spent on coordinated efforts to help asylum seekers to help themselves and our nation in the process. Obviously, GOP states like Florida and Texas have money to  burn. 

Also, to the extent that cities “targeted” by these GOP White Nationalist Governors have persevered in the face of  attempts to sow chaos, it has been largely without the coordination, guidance, and leadership of the Biden Administration. Seems like that should be “low hanging fruit” for progressive Democrats to change!

🇺🇸 Due Process Forever!  

PWS

06-25-23

⚖️🗽INSPIRING AMERICA: NDPA SUPERSTAR 🌟 & BRILLIANT GEORGETOWN REFUGEE LAW & POLICY ALUM BREANNE PALMER “GETS IT!” — “For me, the line between the so-called ‘Great Replacement Theory,’ the targeting of Black Americans in Buffalo in May 2022, and the deleterious, disproportionate effects of Title 42 on Black asylum seekers couldn’t have been brighter.”

 

Breanne Justine Palmer, Esquire
Breanne Justine Palmer, Esquire
Senior Legal Policy Advisor
Democracy Forward
PHOTO: Linkedin

https://www.linkedin.com/posts/breannepalmer_career-retrospective-the-leadership-conference-activity-7074007461837340672-_0EI?utm_source=share&utm_medium=member_ios

Breanne writes:

People talk frequently about forward and backward movement in one’s career, but less so about the gift of lateral moves. I have been lucky enough to make at least one facially “lateral” move that drastically changed the scope and reach of my immigration advocacy work: as the first Policy Counsel for Immigration at The Leadership Conference on Civil and Human Rights!

Through the work of incredible jacks-of-all-trades on staff like Rob Randhava, The Leadership Conference has played an integral role in a number of major moments in the immigration space and maintained an Immigration Task Force. The organization wanted to concretize this work by hiring a full-time staffer, and on the heels of my work at the UndocuBlack Network, I felt this role was the right fit. I grew up in a distinctly Jamaican household, visiting our home country most of my childhood summers, but I also sought a sterling education in the Black American experience.

One of my proudest moments at The Leadership Conference was also one of the most complex, challenging moments of my career—trying to connect the dots between seemingly disparate, painful topics to highlight the interconnectivity of our racial justice and immigrant justice movements. For me, the line between the so-called “Great Replacement Theory,” the targeting of Black Americans in Buffalo in May 2022, and the deleterious, disproportionate effects of Title 42 on Black asylum seekers couldn’t have been brighter. I felt The Leadership Conference was perfectly poised to connect those dots in a public way, by co-leading a sign-on letter to the Biden Administration. But I had to make my case with both internal and external partners with care and finesse, drawing on all of my education and experiences to guide me. No community wants to feel as though another community is opportunistically seizing a moment to elevate its interests while riding on the backs of others. I am proud to say that I persuaded a number of skeptics, many of whom were rightfully protective of their communities and civil rights legacies, to see the urgency of drawing these connections for those in power. Through this effort I was reminded that the work of connecting the Black diaspora is arduous, but can bear powerful fruit.

Read the rest on my blog!

https://breannejpalmer.squarespace.com/blog/career-retrospective-the-leadership-conference-on-civil-and-human-rights

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

I’ve said it many times: There will be neither racial justice nor equal justice for all in America without justice for migrants!

Breanne obviously “gets it!” So do leaders like Cory Booker (D-NJ). 

Sadly, however, many Democrats, including notable African-American leaders like President Barack Obama, Vice President Kamala Harris, AAG Civil Rights Kristen Clarke, and former AGs Eric Holder and Loretta Lynch don’t! They all blew or are squandering opportunities to make due process and equal justice for asylum seekers and other migrants a reality, rather than a hollow, unfulfilled promise!

In particular, the “intentional tone-deafness” of the Biden Administration on treatment of asylum seekers and other migrants of color has been astounding and shocking! Speaking out for justice for George Floyd and others while denying due process and the very humanity of Blacks and other people of color seeking legal asylum at the Southern Border is totally disingenuous and counterproductive!

Additionally, while there recently have been some improvements in merit-based selections by AG Garland, the U.S. Immigration Courts, including the BIA, are still glaringly unrepresentative of the communities affected by their decisions and the outstanding potential judicial talent that could and should be actively recruited from those communities. An anti-immigrant, pro-enforcement, uber-bureaucratic “culture” at EOIR, which metastasized during the Trump Administration, discouraged many well-qualified experts, advocates, and minorities from competing for positions at EOIR.

The inexplicable failure of Vice President Harris to establish herself as the “front person” to actively encourage and promote service in the Immigration Courts among minorities and women is highly perplexing. Additionally, the failure of the Biden Administration to recognize the potential of the Immigration Courts as a source of exceptionally-well-qualified, diverse, progressive, practical scholars for eventual Article III judicial appointments has been stunning! 

Meanwhile, for an “upgrade” of the struggling EOIR, one couldn’t do better than Breanne Palmer: brilliant practical scholar, forceful advocate, courageous, creative innovator, and inspirational role model. As Breanne says on her website:

I try to live by one of Audre Lorde’s creeds:

“I am deliberate and afraid of nothing.”

Sure could use more of that intellectual and moral courage and “leadership by example” on the bench at EOIR! And, as I mentioned yesterday, there are or will be more judicial positions available at EOIR at both the appellate and trial levels. See, e.g.https://wp.me/p8eeJm-8KK.

Thanks Breanne for choosing to use your tremendous skills and abilities to further due process, equal justice for all, and racial justice in America. So proud of you!

🇺🇸 Due Process Forever!

PWS

06-23-23