🏴‍☠️🤮 “CHRISTIAN” WHITE NATIONALIST MAGAMIKE TAKES GOP TO NEW LOWS — Greg Sargent @ WashPost

 

MAGA MikeMAGA Mike

By Bruce Plante

Republished under license

Greg writes:

https://www.washingtonpost.com/opinions/2023/10/27/mike-johnson-great-replacement-theory-house-speaker/

Rep. Mike Johnson, the newly elected House speaker, has repeatedly flirted with what’s known as the “great replacement theory,” the idea that Democrats are scheming to supplant American voters with immigrants. The Louisiana Republican’s views show how fringe conspiracy theories have gone mainstream in the Republican Party at the highest levels of power.

“This is the plan of our friends on this side — to turn all the illegals into voters,” Johnson said at a congressional hearing in May 2022, gesturing at Democrats. “That’s why the border’s open.”

The “open borders” trope is a lie, and while a few municipalities allow voting for noncitizens in local elections, in no sense do national Democrats have any such “plan” for “all the illegals.” As far as I can determine, no House speaker in recent memory has been quite as reckless and incendiary with this kind of language.

Johnson employs it regularly. He reiterated the claim in an interview this year with the right-wing outlet Newsmax, accusing President Biden of “intentionally” encouraging undocumented migration to “turn all these illegals into voters for their side.” On numerous other occasions, he has made similar charges, even declaring that Democrats’ express goal is the “destruction of our country at the expense of our own people.”

On immigration, as well as on abortion and gay rights, Johnson’s elevation is a triumph for the far right. It has been widely noted that Johnson doesn’t come across as a MAGA bomb-thrower, despite his extreme views. That’s true on immigration, too: He voices high-minded platitudes about how providing asylum to the persecuted is a noble ideal, but he’s a big booster of the wildly radical House GOP border bill that would functionally gut asylum entirely.

The pro-immigrant group America’s Voice, which tracks lawmakers’ positions on the issue, has not documented any comparable rhetoric in Johnson’s predecessor, Rep. Kevin McCarthy. “Johnson has gone farther than most of his Republican colleagues in elevating alarmist and dangerous rhetoric,” says Vanessa Cardenas, the group’s executive director.

Other predecessors, such as John A. Boehner and Paul D. Ryan, were supporters — nominally, at least — of reforms that would legalize large numbers of undocumented immigrants, though they ultimately failed to deliver. Not even Newt Gingrich, the most extreme House speaker of the modern era, went as far as Johnson, says Nicole Hemmer, author of a history of conservatism in the 1990s.

“Even at his most anti-immigrant, he spoke largely in fiscal and law-and-order terms,” Hemmer told me, while eschewing the “eliminationist rhetoric” at the core of great replacement theory.

Yet little by little, those more extreme ideas have penetrated GOP leadership circles. In 2021, Rep. Elise Stefanik (N.Y.), a top House Republican, charged Democrats with scheming to replace conservative voters with Democratic-leaning immigrants.

. . . .

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

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

Read Greg’s full column at the link.

Bigot, racist, theocrat, misogynist, liar, election denier, anti-democracy zealot — “MagaMike” is the disgraceful embodiment of today’s extremist GOP. Just when we think that the GOP can’t sink any lower, they surprise us!

🇺🇸 Due Process Forever!

PWS

10-28-23

🚩POLITICS: GOP’S BAKUNINIST CLOWN SHOW SOWS AMERICAN CHAOS!🤮☠️

Mikhail Bakunin (1814-1876)Anarchist PHOTO: Wikipedia While nobody in today’s GOP is close to being on an intellectual level with the “Father of Modern Anarchy,” they are staunch disciples of his disruptive philosophy.
Mikhail Bakunin (1814-1876)
Anarchist
PHOTO: Wikipedia
While nobody in today’s GOP is close to being on an intellectual level with the “Father of Modern Anarchy,” they are staunch disciples of his disruptive philosophy.

BAKUNINIST — One who advocates revolutionary anarchism. 

Jackie Calmes in the LA Times:

Jackie Calmes
Jackie Calmes
National Columnist
LA Times
PHOTO: Shorenstein Center, Harvard University

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=0544106b-7413-483c-9f58-c0b43ca7853d

. . . .

And that’s because so many in the party — elected officials and voters — won’t be led. Republicans have the majority in the House, but it’s a majority in name only. In reality, the House Republicans are an amalgam of competing factions, from right to far-right to extremist, and party members genuinely loathe one another more than they dislike Democrats.

Conservative media and social media stardom have turned even the most junior and otherwise inconsequential figures — say, Florida Rep. Matt Gaetz, the architect of this speaker-less anarchy — into power brokers who insist on having their sway. Like-minded conservative voters — small-dollar donors steeped in Fox News — bankroll the chaos agents; Rep. Marjorie Taylor Greene, that Georgia peach of a provocateur, is among Congress’ most successful fundraisers.

Here’s how insurgent and “Beetlejuice” fan Rep. Lauren Boebert of Colorado explained why House Republicans have failed to agree on a speaker: “There are 224 alpha males and alpha females who are here in the Republican Party. We are here because we convinced hundreds of thousands of people that we are leaders.”

No matter how this speaker mess ends — and it must somehow end — that perverse reward system will remain. And the House under Republican “leadership” will be all but ungovernable through the 2024 election.

Former Speaker Nancy Pelosi had a similarly thin Democratic majority yet managed to keep her party factions united and to shepherd into law major legislation, some of it bipartisan. But here’s the difference: Democrats believe in governance. Too many Republicans do not; their credo has shifted over the last quarter century from small government to anti-government. We’re watching the result.

Again, take it from a Republican: “Frankly, it doesn’t matter who the speaker is,” Rep. Mike Lawler of New York said, “because if we [Republicans] can’t govern as a group, as a conference, it doesn’t matter.”

Jordan, true to his brand as a belligerent, on Friday insisted on a third House vote for speaker. As widely predicted, he lost by even more votes than on the earlier ballots. He and his allies talked of pressing his candidacy through the weekend; after all, McCarthy was elected in January on the 15th ballot. But in a closed-door caucus and with secret ballots, Republicans voted to yank Jordan’s nomination as speaker.

His refusal to accept that he was not going to be speaker until the reality was forced on him was hardly a surprise. Jordan still won’t concede that Donald Trump lost reelection. He declined to do so yet again at a news conference Friday morning. His stubborn opposition to democracy — that’s what it is — only underscored why Jordan should never be the speaker.

The sad fact, however, is that Jordan’s reprehensible role as Trump’s chief congressional lieutenant in the run-up to the Jan. 6, 2021, insurrection wasn’t even much of a factor in opponents’ thinking. Nor was the fact that as speaker, this unrepentant election denier could have sabotaged the certification of the 2024 presidential vote if the Republican lost.

Instead, the reasons Jordan’s foes gave were personal, political or both. Some blamed him for stoking the death threats against them and their families. One, Rep. Drew Ferguson of Georgia, said Republicans don’t “need a bully as the speaker.”

But they need someone — the country needs someone — so Congress can function. Government funding runs out Nov. 17. Biden is sending a request for aid to Ukraine and Israel. Other essential legislation, including agriculture and defense bills, are pending.

Many Republicans are trying to shift the blame for the fiasco onto Democrats because they all opposed McCarthy and then Jordan — as if Republicans would’ve voted to retain Pelosi had an insurgent Democrat ever moved, like Gaetz did against McCarthy, to unseat her.

But they know the blame actually lies with themselves — thus the name-calling and near-fisticuffs.

They need to come together, if only temporarily. And then voters should fire them in 2024.

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

Today’s GOP is a thuggy gang of anarchists out to destroy America and destabilize the world — mostly because they believe they can, and complicit GOP voters have inflicted these ignorant, valueless, yet existentially dangerous, clowns upon the rest of us!

Totally classless and obstructionist till the end, Jordan forced his colleagues to vote to rescind his never-viable nomination for Speaker after losing three floor votes by increasing margins. By contrast, Scalise, the Conference’s initial nominee over Jordan withdrew without a vote upon determining that he lacked the votes to win the job.

Appearing on CNN Sunday, former GOP Representative Liz Cheney described some of her erstwhile colleagues as “White supremacists,” “anti-semitic,” and “involved directly” in the illegitimate attempt to seize power and overturn Biden’s election. https://www.huffpost.com/entry/liz-cheney-kevin-mccarthy-house-gop_n_6535ea7ce4b0689b3fbcfc66.

Yet, inexplicably, some in the “mainstream media”continue to treat the GOP as a “normal” opposition party. In one of a continuing string of jaw-droppingly poor choices for guests, NBC’s Kristen Walker gave deposed ex-Speaker McCarthy a forum to engage in a “Trumpian liefest” of mythic proportions, outrageously attempting to blame Dems, the Border, Biden, Jeffries, the GOP insurrectionists he empowered, and just about anyone but himself for the debacle he helped engineer and his morally bankrupt party carried out!

Every viewer should have felt dumber after watching Welker fruitlessly try to control the astounding stream of lies, nonsense, doublespeak, and intentional misrepresentations coming out of McCarthy. Honestly, that’s what Fox News, Breitbart, and the Examiner are for! No need to give shallow politicos with absolutely nothing to contribute another forum! I’ve always been a Kristen Welker fan, but her first month as moderator of Meet the Press can only be described as something between tragic and horrible.

As Calmes says, “fire [the GOP] in 2024.” The future of America, the world, and humanity might depend on the n common sense and decency of the majority of voters!

🇺🇸 Due Process Forever!

PWS

10-23-23

😎 🇺🇸 HOPE FRIDAY: The Common Good W/ Robert Reich — Maine Prepares To  Welcome More Refugees — Austin Kocher On Keeping Faith During The Age Of Trumpist White Nationalist Hatred & Lies!

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

From Robert Reich on Substack:

https://substack.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.YI3yXyy6J0uje-L2r-wh7kLsh8LeAZQ2K9oq40sSau0?

. . . .

Many Americans today worry that our nation is losing its national identity. Yet the core of that identity is not the whiteness of our skin or our religion or our ethnicity. 

It is the ideals we share, the good we hold in common. 

That common good is a set of shared commitments. To the rule of law. To democracy. To tolerance of our differences. To equal political rights and equal opportunity. To participating in our civic life. To sacrificing for the ideals we hold in common. To upholding the truth. 

We cannot have a functioning society without these shared commitments. Without a shared sense of common good, there can be no “we” to begin with. 

If we are losing our national identity, it is because we are losing our sense of the common good. This is what must be restored.

As I’ve argued in these essays, recovering our common good depends on several things:

It depends on establishing a new ethic of leadership based on trusteeship. Leaders must be judged not by whether they score a “win” for their side, but whether they strengthen democratic institutions and increase public trust.

It depends on honoring those who have invested in the common good, and holding accountable those who have exploited it for their own selfish ends. 

It requires that we understand — and educate our children about — what we owe one another as members of the same society. Instead of focusing solely on the rights of citizenship, we need also to focus on the duties of citizenship. 

And it requires a renewed commitment to truth.

Some of you may feel such a quest to be hopeless. The era we are living in offers too many illustrations of greed, narcissism, brutality, and hatefulness.

I, however, firmly believe this quest is not hopeless. 

Almost every day, I witness or hear of the compassion and generosity of ordinary Americans. Their actions rarely make headlines, but they constitute much of our daily life together. 

The challenge is to turn all this into a new public spiritedness extending to the highest reaches in the land — a public morality that strengthens our democracy, makes our economy work for everyone, and revives trust in the major institutions of the nation.

The moral fiber of our society has been weakened but it has not been destroyed. 

We can recover the rule of law and preserve our democratic institutions by taking a more active role in politics. 

We can fight against all forms of bigotry. We can strengthen the bonds that connect us to one another by reaching out to one another. We can help resurrect civility by acting more civilly toward those with whom we disagree. 

We can protect the truth by using facts and logic to combat lies. 

We can help restore the common good by striving for it and showing others it’s worth the effort. 

We have never been a perfect union. Our finest moments have been when we sought to live up to our shared ideals. 

I worked for Robert F. Kennedy a half-century ago when the common good was better understood. Resurrecting it may take another half-century, or more. 

But as the theologian Reinhold Niebuhr once said, “Nothing that is worth doing can be achieved in our lifetime; therefore we must be saved by hope. Nothing which is true or beautiful or good makes complete sense in any immediate context of history.”

Thank you for joining me on this journey. I hope you’ve found these essays useful and even on occasion inspiring. I hope you’ll join me in carrying forward the fight for the common good. 

***

Subscribers to this newsletter are keeping it going. If you are able, please consider a paid or gift subscription. And we always appreciate your sharing our content with others and leaving your thoughts in the comments.

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Kelly Bouchrd
Kelly Bouchard
Staff Writer
Portland Press Herald
PHOTO: Linkedin

From Kelly Bouchard in the Portland Press Herald:

https://www.pressherald.com/2023/10/17/maine-refugee-resettlement-numbers-expected-to-double/

. . . .

COMMUNITY OUTREACH IN MAINE

Despite the uncertainty, resettlement agencies in Maine are pushing ahead, preparing to welcome as many refugees as possible. To increase their chances of finding affordable apartments, they’re building a network of landlords willing to rent to newcomers and expanding resettlement efforts beyond Greater Portland, Lewiston-Auburn and Augusta-Waterville to Bangor and Brunswick, Ouattara said.

“We can settle people within 100 miles of Lewiston-Auburn,” said Rilwan Osman, executive director of Maine Immigrant & Refugee Services in Lewiston. “We have settled some families in Augusta, and we are exploring other communities.”

The State Refugee Advisory Council held four quarterly meetings last year to connect and support various community representatives in government, public safety, schools, social services and health care, Ouattara said.

“There are resources that are available from the federal government to assist communities that accept refugees,” he said.

At least half of the new arrivals last year had family ties in Maine, Ouattara said, while the other half were “free cases” that could be resettled more widely in the state but would require more support from agency staff. Transportation continues to be a challenge for many newcomers.

“The public transit system in Maine is still in development, so that can be isolating in some communities,” he said.

Helping refugees find jobs is a top priority for resettlement agencies, which provide financial assistance and case management support for up to 90 days after arrival and limited case management and employment services for up to 60 months.

“All the refugees that are coming have permission to work as soon as they are able,” Osman said. “Some have English skills, some don’t. If they have the necessary language skills, they can at least start entry-level work within 90 days.”

One refugee who is eager to get to work is Ahmed, a recent arrival from Somalia who also declined to give his last name. Ahmed, 58, attended a cultural orientation session Wednesday at the JCA. Through an interpreter, Ahmed said he has been reunited with his wife and six children after being separated from them for 21 years.

He also said he wants to be a good citizen and a taxpayer.

“I’m so grateful to be here,” he said. “My dream is to settle in and get work at a job in my skill range. I am a welder and I would like to work in the same industry.”

Staff Photographer Brianna Soukup contributed to this report.

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

Grace Benninghof
Grace Benninghoff
Staff Writer
Portland Press Herald
PHOTO: PPH website

Grace Benninghoff in the Portland Press Herald:

https://www.pressherald.com/2023/10/19/portland-mayoral-candidates-frustrated-with-federal-work-rules-as-asylum-seekers-look-to-start-new-lives/

. . . .

Pious Ali says people will keep coming though.

“America is a beautiful country and has a lot to offer the world and the people who come here, and so does Portland,” said Ali, who came to the United States from Ghana more than two decades ago.

Portland’s five mayoral candidates may be more aligned on this issue than any other. They all fundamentally see asylum seekers as an asset to the city, and they all want to see the wait time before they can work made much shorter. They all also feel a little bit helpless.

For years, Portland has welcomed these immigrants, who often undertake dangerous journeys to get here and then go through an arduous, sometimes yearslong process to get visas and work authorization.

. . . .

Zarro said that if it should turn out to be too big a legal risk to offer asylum seekers paid work before they got federal work authorization, he would like to build a more robust job training program so they would be ready to start work in local businesses as soon as their work authorization comes though.

“We have people who are coming here to better their lives and to better their communities. Maine stands to benefit significantly,” he said.

All the candidates also are keenly aware that Portland is in need of more young workers.

“We’re an aging state without enough people to fill the workforce,” Costa said.

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

Austin Kocher, Ph.D.
Austin Kocher, Ph.D.
Research Assistant Professor
TRAC-Syracuse
PHOTO: Syracuse U.

Abstract of Austin Kocher, PhD’s article “Welcoming the stranger in Trump’s America: Notes on the everyday processes of constructing and enduring sanctuary:”

https://intellectdiscover.com/content/journals/10.1386/hosp_00050_1

Geographers have begun to explore the concept of ‘immigrant welcome’ as a framework for understanding the tension between spontaneous social support for immigrants and refugees and their subsequent restriction and criminalization by states. Overlooked in the emerging discourse on immigrant welcome is the rich literature in feminist geography that views the everyday practices of endurance, care and social reproduction as essential to, but often hidden within, more traditional, political and economic analyses of power. By focusing on the everyday practices of welcome within sanctuary church activism, I argue for more attention to the energy-intense work that is often excluded from official media and academic accounts, yet which is essential to understanding what makes welcome function or fail. I draw upon one in-depth case study of a sanctuary church in Ohio, where a woman has been living for a year and a half in public defiance of her deportation order. In addition to contextualizing this specific case within the broader policy and immigrant rights landscape, I focus on the spatial, material and relational processes that participants implemented to construct a ‘welcoming’ environment as well as observe the ways in which welcome fails to live up to its imagined potential. The case study provides important grounded insights into the material, relational and emotional processes of enduring sanctuary as a form of resistance to the US deportation regime and enduring sanctuary itself as an intensive socio-spatial form of existence.

© 2022 Intellect Ltd

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

Read more about each of these inspiring efforts at the respective links above.

Compare what could be if folks put aside hate and worked together to solve human problems with the pathetic, totally selfish, inept, inane, yet existentially dangerous, “Clown Show” 🤡 in the GOP House Conference egged on by their “leader” — congenital liar, bully, insurrectionist buffoon, and criminal defendant Donald Trump.🤮

What’s missing is more dynamic, courageous, truth-based national leadership on immigration and human rights issues from Dems (although, to be fair, the bipartisan Maine delegation — and many Maine Republicans — appear to “get it”)! But, fortunately, that void hasn’t stopped members of the NDPA from “soldiering on” for the commn good and a better America!

A life saved is a life saved! Sometimes, we just have to focus on the daily victories we can achieve!

🇺🇸 Due Process Forever!

PWS

10-20-23

🤯ABSURDIST HEADLINE OF THE DAY — “SOME REPUBLICANS LOSE FAITH IN JIM JORDAN” — Apparently being “architect of a nationwide abortion ban, a vocal election denier, and an insurrection insider” (per Rep. Pete Aguillar (D-California) in NY Daily News) wasn’t enough to get dangerous, anti-democracy right wing zany over the finish line — yet! More threats and “enhanced arm-twisting” (a/k/a “arm breaking”) in line for Ohio’s notorious “political terrorist?”

“EvilClown”
“Does this guy inspire confidence in you?”
“Evil Clown”
By Tom Woodward
Creative Commons License

From AP:

Some Republicans Lose Faith In Jim Jordan

Republicans are starting to lose faith in Jordan, several of them told reporters after the Ohio congressman failed to muster enough support during the first round of voting.

Rep. Carlos Gimenez (Fla.), who voted against him, called Jordan’s chances “shaky,” while Rep. Michael McCaul (Texas), who voted for Jordan, said he does not “see how he can recover” with so many defectors on the first round of voting.

Jordan’s supporters also told Fox Newsthat they’re losing confidence in him. “I’m afraid there will be more votes against him,” an unnamed senior Republican told the network.

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

At least for the moment, the far right/Fox News threats and high pressure campaign appears to have backfired. But, the process isn’t over. And, that 200 Republicans voted for this spectacularly unqualified candidate for Speaker is bad for America.

As well-stated by Vanity Fair’s Molly Jong-Fast:

It’s been reality-TV central lately in the halls of Congress—wacky stunts, wild rants, and a mystery baby. But like the prospect of Speaker Jim Jordan, the party’s antics are hardly entertaining.

https://link.vanityfair.com/view/5bd67c363f92a41245df49ebjoaw2.4jj/61bc881e

In the end, as Molly says, the GOP’s clown show is 🤡 no laughing matter for America and the process of responsible government.

🇺🇸 Due Process Forever!

PWS

10-17-23

🏴‍☠️🤮 SURPRISE: NIHILISTS CAN’T GOVERN — INCOMPETENT, UNINTERESTED — With Wars Raging, GOP Clown Show On Full Display, As Scalise Withdraws!🤡

Clown Car
“GOP House Conference en route to Capitol.”
PHOTO CREDIT: Ellin Beltz, 07-04-16, Creative Commons License, https://creativecommons.org/licenses/by-sa/4.0/. Creator not responsible for above caption.

 https://www.nytimes.com/2023/10/12/us/politics/scalise-jordan-house-speaker.html

By Luke Broadwater

Reporting from the Capitol

Oct. 12, 2023

Updated 8:57 p.m. ET

Representative Steve Scalise of Louisiana withdrew on Thursday from consideration for the speakership he was on the cusp of claiming after hard-line Republicans balked at rallying around their party’s chosen candidate, leaving the House leaderless and the G.O.P. in chaos.

After being narrowly nominated for speaker during a Wednesday closed-door secret-ballot contest among House Republicans, Mr. Scalise, their No. 2 leader, found himself far from the 217 votes needed to be elected on the House floor. Many supporters of his challenger, Representative Jim Jordan of Ohio, the right-wing Republican endorsed by former President Donald J. Trump, refused to switch their allegiance.

With no clear end in sight to the G.O.P. infighting that has left one chamber of Congress paralyzed at a time of challenges at home and abroad, Mr. Scalise said he would step aside in hopes that someone else could unite the fractious party.

“I just shared with my colleagues that I was withdrawing my name as a candidate for speaker-designee,” Mr. Scalise said. “If you look at where our conference is, there’s still work to be done. Our conference still has to come together, and it’s not there. There are still some people that have their own agendas.”

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

With two wars involving our allies raging and the USG on track to run out of funding in a month, the GOP focuses on what’s important to them: THEMSELVES!

The GOP is a national disgrace and an international menace! They have brought the same disorder, callous disregard for the common good, and wacko, selfish, far right minority agenda to national politics that they have to the states they misgovern.

The GOP also also threatens America’s standing and influence on the world stage. The only thing standing between us and disaster is President Biden’s determination to lead and govern despite the GOP’s disgraceful chaos and betrayal of the common good!

And remember, it’s not like Scalise, who has coddled White Supremacists — once comparing himself to Klanster David Duke — and is a lifetime shill for a divisive far/right extremist agenda, was qualified to be Speaker. He was, at best, “slightly less unqualified” than insurrectionist election denier and Trump toady Jim Jordan!

As for Trump, his incoherent, hateful, anti-democracy rantings and unhinged ravings shows why the GOP he controls is an existential problem for American democracy. See, e.g.https://www.washingtonpost.com/opinions/2023/10/12/hamas-israel-biden-trump/

Just vote ‘em out, vote ‘em out!

🇺🇸 Due Process Forever!

PWS

10-13-23

🤡 THE CLOWNING OF AMERICA: AS McCARTHY SLITHERS 🐍 OFF, WHO WILL BE THE “NEXT CLOWN UP?” — Who Would Want To Be? 🤮 — “The moment he began to negotiate with the caucus terrorists in order to secure his seat, he sowed the seeds of his ultimate destruction.”

Clown Court
“Speaker in Waiting”
PHOTO: Clown Civertan.jpg, Creative Commons License

Jay Kuo in “The Status Kuo” on Substack:

https://statuskuo.substack.com/p/ousted?utm_campaign=email-post&r=330z7&utm_source=substack&utm_medium=email

It wasn’t supposed to end this way for Kevin McCarthy. After all, he had done nearly everything that the far-right faction of his caucus wanted, given in to their every demand. Why ever would that fail to satisfy them? But in the end, his actions recalled the parable of the scorpion and the frog. As Fortune magazine retold it,

A scorpion asks a frog to carry him over a river. The frog is afraid of being stung, but the scorpion argues that if it did so, both would sink and the scorpion would drown. The frog then agrees, but midway across the river the scorpion does indeed sting the frog, dooming them both. When asked why, the scorpion points out that this is its nature.

It is the nature of nihilistic, burn-it-to-the-ground extremists to destroy everything around them, including the very party that once carried them to victory. McCarthy’s mistake was thinking he could ever change that by actually inviting the crazies in and embracing them even closer. Instead, he became the first ever speaker in the 240-year history of the House of Representatives to be ousted. In a period of historic firsts—first president impeached twice, first president to be indicted (and charged 91 times), and now first successful motion to vacate the chair—the GOP seems determined to outdo itself.

As writer Charlotte Clymer colorfully put it, “McCarthy served 270 days, the equivalent of 27 scaramuccis or 0.093 of a pelosi, after giving away his power—and his dignity—to man-toddlers who eventually stabbed him in the back.”

Let’s look at what happened yesterday and then answer some common questions about where things go from here in the GOP’s fractured majority in the House.

Subscribe

Mean Girls Day

October 3rd is a day that sticks in my mind because of my favorite movie, Mean Girls, which is turning out to carry many lessons for the GOP. The Lincoln Project was out with a meme quickly.

“On October 3rd, he asked me what day it was!” exclaims Cady Heron of the dreamy Aaron Samuels.

“It’s Kevin McCarthy’s last day as Speaker,” Cady responds.

Indeed, it was.

After Rep. Matt Gaetz (R-FL) made good on his promise to file a motion to vacate the chair, McCarthy pressed for quick consideration of the motion, rebuffing calls to wait until Thursday when more members were back in Washington. He apparently had hoped to catch a number of Democratic House members away. Nancy Pelosi missed the votes, for example, because she was attending the funeral of her longtime friend, the late Sen. Dianne Feinstein.

No matter. After first losing a procedural vote to table the motion, with 11 Republicans voting “no” along with all the Democrats present, Kevin McCarthy faced a full vote of the House and was removed by a vote of 216 to 210, with eight GOP members joining all of the Democrats. Even Gretchen Wieners—er, I mean, Nancy Mace (R-SC)—who styles herself as a moderate, was a yea on the motion. Et tu, Nancy?

It bears noting that the Democrats had met as a group earlier that day and emerged with a consensus that they would not be helping McCarthy out. There was simply too much bad blood, from his kissing Trump’s ring two weeks after condemning him for January 6; to his reneging on the budget deal struck in May; to his launch of an impeachment inquiry against Joe Biden based on nothing but speculation; to his blaming the Democrats for the near shutdown of the government, when it was Democrats who had kept it open. They simply did not trust him and saw no reason to throw him a lifeline. In fact, he never even asked for help from them directly, though his minions reportedly made a series of calls begging moderate Democrats to save him.

After the vote, several members of the House Republican caucus gathered in a group to pray on the House floor, while Rep. Ann Wagner (R-MO), wept openly. It was quite a fall for Rep. Wagner, who had triumphantly spearheaded two anti-abortion measures earlier in the year with Speaker McCarthy’s blessing.

McCarthy’s loss of the speakership leaves the GOP caucus effectively without leadership, at a time when appropriations remain largely unfinished.

The Speaker pro tempore

The gavel is currently in the hands of a caretaker Speaker pro tempore, Patrick T. McHenry (R-NC), who gaveled out the evening with such ferocity that he damn near cracked the thing. It’s a good thing men aren’t emotional in politics.

McHenry is supposed to hold the position only so long as it takes to elect a new speaker, and to wield the gavel only for purposes of getting this done. But he couldn’t help but act like yet another petulant man-baby, ordering Speaker Emeritus Nancy Pelosi to clear out her office in the Capitol building and relocate to the Cannon Building. Pelosi issued a response:

With all of the important decisions that the new Republican Leadership must address, which we are all eagerly awaiting, one of the first actions taken by the new Speaker Pro Tempore was to order me to immediately vacate my office in the Capitol. Sadly, because I am in California to mourn the loss of and pay tribute to my dear friend Dianne Feinstein, I am unable to retrieve my belongings at this time.

Petty moves aside, McHenry won’t have any real power to push legislation through, and few even inside the GOP would likely stand for him seeking to assert himself in any way except as a momentary caretaker.

So what happens next?

With McCarthy out, the GOP is back to where it was in January, without the numbers to put someone over the top. One key piece of news that already broke: McCarthy won’t be running for the job again.

That leaves a number of possible replacements. The No. 2 in the House is Rep. Steve Scalise (R-LA), who is well liked but faces health challenges, as he is currently undergoing treatment for blood cancer. Other names that have bubbled up include Rep. Jim Jordan (R-OH), Elise Stefanik (R-NY) and the No. 3 guy in charge of this mess, Tom Emmer (R-MN).

There is no consensus candidate as of this moment. The House GOP members scattered to their districts on Tuesday night after the debacle, giving a cooling off period before they regroup next week.

Isn’t the devil we know better?

There is considerable and understandable consternation that we might wind up with someone worse than McCarthy, whose feckless cowardice at least led to predictable capitulations and back to the inevitable point of political equilibrium.

But it’s also fair to say that even someone more extreme, like a Jim Jordan, couldn’t actually do anything with this fractured majority beyond what McCarthy already did with it. A House majority without a Senate in concurrence can accomplish little other than hearings and inquiries, which is what the GOP has been up to for months already with nothing to show for it. Handing the keys to the bus to someone else who doesn’t know how to drive isn’t going to keep the party from catastrophe next November.

It also might take some time before they can coalesce around a new leader. Extremists want someone to the right of McCarthy, but moderates might never support such a candidate. And even assuming they did, the party would quickly find itself exactly where it is now: facing a government shutdown while it tries to renege on a deal already agreed to, and up against a Democratically-controlled Senate ready to get on with the business of governing.

The political fallout

The collapse of GOP leadership in the House likely will become a central talking point for Democrats for the 2024 elections. The GOP brand is already badly tarnished by everything from anti-abortion extremism to election denialism to authoritarian suppression.

One thing is clear, however: It was Trump, acting behind the scenes by pressing extremists to hold the line against the budget, who is in large part to blame for the destruction of the House GOP caucus. He won’t take ownership of that, of course, but the amount of damage he has inflicted upon his own party cannot be overstated.

And in a weird twist, some members of the far-right are moving to nominate Donald Trump as Speaker. Rep. Troy Nehls (R-TX) announced late Tuesday he will file paperwork to nominate the former president to be the next Speaker, who in fact doesn’t have to be a member of the body to preside as Speaker. In the past Trump has said he would not be interested in the job, so it’s unclear whether he would take such a nomination seriously. But it does demonstrate how rudderless and leaderless the House GOP caucus is that they once again turn to their Dear Leader to beg him to rescue them. (Trump of course wouldn’t know the first thing about how to act as Speaker, or move legislation through, or count votes, nor would he have time to learn the ropes given his trial schedule. Perhaps they could recruit his son Eric, who at least is foolish enough to accept and might soon have nothing to do because all his businesses have had their certificates to operate in the state canceled.)

That plan might run smack into the GOP’S own House rules, though, which requires leadership to step aside if indicted for a felony with a punishment of more than two years.

Returning to the scorpion and frog fable, and looking back at his tragic and brief tenure, McCarthy’s political death was inevitable. The moment he began to negotiate with the caucus terrorists in order to secure his seat, he sowed the seeds of his ultimate destruction. After all, under the terms of his parole, a single missed frog step could bring down a motion to vacate by a single member. By May, McCarthy had already committed the giant sin of compromising with the Democrats in a near evenly divided government, and a few months later, a single MAGA scorpion planted its stinger right into his back.

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

Of course, it’s supreme irony that about the only responsible leadership action McCarthy took during his short tenure as speaker led to his demise at the hands of the GOP anti-American nihilists whom he coddled and ingratiated himself with to get the job in the first place!

At some point, the anti-American GOP voters who put these dangerous, yet cowardly, spineless, and valueless, nut cases into positions of influence have to be held accountable, if only by history! 🏴‍☠️

🇺🇸 Due Process Forever!

PWS

10-04-23

😢🗽🇺🇸 HUMANITARIAN CRISIS DEMANDS HUMANE RESPONSE: GOP DEMAGOGUERY, DEM INDIFFERENCE TO SUFFERING WON’T GET THE JOB DONE! 🤯 NGO’s Once Again Step Up To Do The USG’S Job! — They Need Help! ⛑️

Immigrant Defenders
Immigrant Defenders help humanity at the border, treating fellow humans with dignity, respect, kindness.
PHOTO: Linkedin

Immigrant Defenders posted this on LinkedIn:

Customs and Border Protection (CBP) continues to inhumanely release asylum seekers onto San Diego streets, often with little more than the clothes on their backs. #TeamImmDef, Lindsay Toczylowski, Margaret Cargioli, Melissa Shepard and Jesús Contreras Barajas, continues to join various non-profit organizations, grassroots groups and community members to receive asylum seekers with respect and help them reach their friends and family members all over the United States. Our dedicated team, in collaboration with our remarkable San Diego-based partners, is tirelessly working to continue to welcome migrants with dignity. We have welcomed more than 8500 asylum seekers in 13 days.

We need all levels of government, local and federal, to provide infrastructure and financial resources to help NGOs welcome with dignity.

If you want to help, please consider donating airline miles to Miles4Migrants. Please see the link in our bio to donate. Or donate directly to ImmDef at Immdef.org/donate.

#AsylumIsAHumanRight #WelcomeWithDignity

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

Scandalously, rather than looking to solve this humanitarian crisis, the GOP seeks to punish victims of Government dereliction of duty and their humanitarian responders for asserting well-established legal rights! Talk about a party of lawlessness! Sadly, it’s no surprise since they owe homage to an insurrectionist “leader” who is a notorious fraudster, con man, and criminal defendant in multiple cases!

While resisting the GOP’s worst racist/nativist nonsense, the Dems’ approach has been largely to avoid talking about immigration and human rights, apparently believing that pretending like they don’t exist will make them go away. But, migration isn’t going away!

While we can to some extent control, channel, and optimize migration, irresponsible “zero tolerance/uber deterrence” policies will do little to stop reality in the long run. It will, however, eventually force more migration underground and cede policy control to smugglers, cartels, and other criminals. 

At the same time, obsessing over deterring and deporting those who merely seek refuge and a chance to contribute to America will actually diminish the harder work of focusing on criminals out to turn border disorder and misplaced priorities to their advantage.

Neither party appears to have a realistic plan for the border, and the GOP actively seeks to make things worse! Meanwhile, not for the first time, NGOs, local communities, and compassionate individuals are left to pick up the slack!

Recently, the San Diego County Board showed the potential for bipartisan cooperation on the border. 

//www.sandiegouniontribune.com/news/border-baja-california/story/2023-09-26/county-declares-humanitarian-crisis-at-border-will-ask-federal-government-for-more-help

But, without a more realistic approach from the Feds — currently blocked by the GOP — local efforts are unlikely to succeed. And, that’s an avoidable humanitarian tragedy!

🇺🇸 Due Process Forever!

PWS

10-02-23

🇺🇸 COURTSIDE POLITICS: DEMS BAIL OUT McCARTHY, SAVE AMERICA (FOR NOW)! — NATIVIST IMMIGRATION NONSENSE STRIPPED OUT, BUT GOP THROWS UKRAINE 🇺🇦 UNDER THE BUS!🚌

Matt Gaetz (R-Outer Space)
Matt Gaetz (R-Outer Space)
The so-called mainstream media has seen fit to anoint this evil clown as the official spokesthing for the insurrectionist GOP.
PHOTO: X (formerly Twitter)

By Paul Wickham Schmidt

Courtside Exclusive

October 1, 2023

Saturday, at the 12th hour, GOP Speaker Kevin McCarthy (D-CA) finally did the obvious — reached out to Dems to save America from insurrectionist, anti-American GOP extremists by passing a last-minute continuing resolution that will fund American government until Nov. 17. 

All Dems except one (who was protesting the GOP’s pro-Putin defunding of Ukraine aid) voted for the House bill, while 90 GOP insurrectionists voted to tank America and manufacture a needless crisis. The bill passed the nominally Dem-controlled Senate in about 30 seconds, and was signed by President Biden before midnight. The message about which party is serious about governing for the common good is obvious to all real patriots, even if a shocking number of GOP voters have foisted these far-right GOP clowns upon the rest of us.

The mainstream media uses the namby-pamby misnomer “border security,” to refer to the GOP’s proposed racist-nativist attack on immigration, destruction of the long-established right to asylum, and bogus attempts to reinstate “proven to fail,” draconian deterrence measures. As happened when tried unsuccessfully in the past, the GOP would turn over control of border migration policies to cartels, smugglers, and organized crime, while deflecting attention and undermining law enforcement efforts to control human and drug smuggling. 

A true accounting for the GOP extremist agenda would clearly show how firmly on the side of Putin and border bandits today’s dangerous, “destroy America” GOP has become. Too bad the so-called “mainstream media” has so little interest in digging beyond the cosmetics on the border issues and Ukraine aid.

The mainstream media is also salivating about the bogus prospect of MAGA-maniac Matt Gaetz (R-Outer Space) unseating McCarthy. The fact that Gaetz is an extremist idiot who has nobody to replace McCarthy with doesn’t seem to have dawned on the “mainstreamers.” (“Matt Gaetz’s Motto is, ‘I’m an Asshole, What are You Going to Do About It?’” https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjnkLH8h9WBAxXPkYkEHcr5CdoQFnoECBIQAQ&url=https://buzzflash.com/articles/matt-gaetz&usg=AOvVaw2XoHad3KzJeQitggMsTve3&opi=89978449). 

In perhaps the ultimate example of clueless, Fox News inspired, “mainstream journalism,” CBS’s “This Sunday” saw fit to inflict Gaetz and his bombastic nonsense on hapless viewers today. NBC, on the other hand, maybe still smarting from new-host Kristen Welker’s disastrous, totally uncalled for, “inaugural” interview with a raving, incoherent, lie-spouting Trump, gave us wall-to-wall coverage of the Ryder Cup in place of “Meet the Press.” Honestly!

Look forward to more clownish theatrics and anti-American posturing from the GOP and their “Chief Clown” Trump, and more insipid reporting from the mainstreamers as America careens toward another likely GOP-generated “crisis” in mid-November. It’s NOT a “Washington problem! It’s purely a GOP that lacks any interest whatsoever in responsible governing.

🇺🇸 Due Process Forever!

PWS

10-01-23

🤯 WRONG AGAIN! — BIA Flubs Divisibility In 3rd Cir. — Pesikan v. Atty. Gen.

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca3-on-divisibility-pesikan-v-atty-gen

https://www2.ca3.uscourts.gov/opinarch/203307p.pdf

“Petitioner Srecko Pesikan argues that the Board of Immigration Appeals (“BIA”) erred in concluding that his 2018 Pennsylvania conviction for driving under the influence (“DUI”) of marijuana constituted an offense involving a “controlled substance,” as defined in the federal Controlled Substances Act (“CSA”), thereby rendering him removable under the Immigration and Nationality Act of 1952, 8 U.S.C. § 1227(a) (“INA”). We agree and will grant his petition for review. … In sum, because the identity of the specific controlled substance is not an element of the Pennsylvania DUI statute, the state statute of conviction is indivisible and cannot serve as the basis for Pesikan’s removal under the INA. … For the foregoing reasons, we will grant Pesikan’s Petition for Review in case number 21-1262 and will reverse the order for removal.”

[Hats way off to appointed pro bono counsel Bruce MerensteinArleigh Helfer and Stephen Fogdall (argued)!  Here is a link to the audio of the oral argument.]

Stephen A. Fogdall, Esquire
Stephen A. Fogdall, Esquire

– Stephen A. Fogdall

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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

These are important cases with high stakes! They deserve expert analysis from expert judges. 

Eliminating unnecessary Circuit reversals and remands like this would also help address the backlog-building, due-process-denying phenomenon of “Aimless Docket Reshuffling” at EOIR. Avoidable mistakes at the “retail level” are systemically costly to our justice system in more ways than one!

And, remember, that for every EOIR mistake that gets “caught” by the Article IIIs, dozens of these injustices probably go uncorrected! Circuit review is a luxury that isn’t available to most individuals who lose at the BIA level. Even here, Mr. Pesikan would have had no chance at the Circuit except for court-appointed pro bono counsel Stephen A. Fogdall and his team at Dillworth & Paxon, LLP, another luxury unavailable to litigants at the EOIR level.

Moreover, even when Circuit review does take place, the inappropriately deferential standards established by Congress allow (or even require) some Circuit panels to merely sweep glaring injustices under the rug without grappling with the overall constitutional implications of this shoddy, due–process-denying  system. Why on earth would “deference” be given or review restricted over the “gang that can’t shoot straight” at EOIR?”

Gang that couldn't shoot straight
Would you give “deference” to these guys?
Theatrical poster from Wikipedia

Congress and the Article III Courts appear unlikely to face up to the need for constitutionally-required reforms at EOIR in the near future. Therefore, as I pointed out yesterday, it’s critical that NDPA experts apply for judicial positions at EOIR to change the system for the better and save lives from “within.” https://immigrationcourtside.com/2023/09/27/🇺🇸⚖%EF%B8%8F🗽🧑⚖%EF%B8%8F👨🏾⚖%EF%B8%8F-attention-ndpa-better-courts-mean-a-better-america-fr/.

🇺🇸 Due Process Forever!

PWS

09-25-23

🤡🤯AS AMERICA SUFFERS, THE GOP CLOWN SHOW ROLLS ON TOWARD OBLIVION!

Clown Parade
The GOP, in full regalia, heads for the U.S. House. PHOTO: Public Domain

Dana Milbank writes @ WashPost:

https://www.washingtonpost.com/opinions/2023/09/22/gaetz-mccarthy-shutdown-house-gop-deadlock/

Martin Luther nailed his theses to a church door. Matt Gaetz displayed his in the men’s room.

Specifically, the congressman (or somebody) left a draft of his “Motion to Vacate” on a baby changing table in a restroom downstairs from the House chamber, where it was found by journalist Matt Laslo. “H. Res. __,” it began. “Resolved, that the Office of Speaker of the House of Representatives is hereby declared to be vacant.”

But Gaetz (R-Fla.) doesn’t need a resolution to “vacate the chair,” as a motion to remove Kevin McCarthy as speaker iscalled. For all practical purposes, the chair is already vacant.

It should have been obvious to all this week, if it wasn’t already, that McCarthy (R-Calif.) is speaker in name only, as his leaderless Republican caucus stumbles toward a government shutdown. Review some of the labels House Republicans hurled at each other over the last few days:

“Clown show.” “Clowns.” “Foolishness.” “Weak.” “Terribly misguided.” “Selective amnesia.” “Stupidity.” “Failure to lead.” “Lunatics.” “Disgraceful.” “New low.” “Enabling Chairman Xi.” “People that have serious issues.” “Pathetic.”

Amid the epithets, Republicans brought the House to another standstill. For the second time in as many weeks, hard-liners blocked the House from even considering a bill to fund the troops. Two days later, they blocked it for a third time. They also forced party leaders to pull from the floor their plan to avert a shutdown — a plan that would do nothing to avert a shutdown even if it passed.

Walking into yet another grievance-airing session among House Republicans this week in the House basement, first-term Rep. Richard McCormick (Ga.) remarked to a colleague: “I think we should call this the Dance of the Dragons.” That was a “Game of Thrones” reference to a civil war in which (spoiler alert) both of the aspirants to the Targaryen throne died, along with several of their children and most of the dragons. McCormick later developed the metaphor for me: “We have a lot of powerful people in one room who are ferocious,” he explained in part, and “it’s going to get even uglier.”

. . . .

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

Read Milbank’s full article at the above link.

Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

Remember, folks, the problem here is NOT “Congress,” as the so-called “mainstream media” would have you believe! No, it’s the GOP — the anti-American party of nihilism, insurrection, lies, and extremism! McCarthy COULD have had an agreement in hand long before now. all it would take is picking up the phone and working with Leader Jeffries and the Dems to come up with a reasonable funding proposal that could actually PASS the Senate! Indeed, McCarthy earlier cut such a deal with President Biden until he violated it under pressure from a few right-wing members of the GOP “wrecking crew” in an act of supreme cowardice (a McCarthy specialty) and total failure to pursue the common good.

Notably, when the House had a REAL Leader, Speaker Pelosi, there was no shutdown during the Trump Administration — even though there were plenty of issues (Dreamers being a key one) that some Dems would have liked her to “go to the mat” on. When the chips are down, Dems believe in governing; the GOP believes in destroying!

Upcoming generations who don’t want to live in a country where conspiracy theories, cruelty, misinformation, hatred, intolerance, false grievances, vengeance, dehumanization, greed, self-aggrandizement, racism, anti-semitism, grotesque fiscal and moral irresponsibility, misogyny, incompetence, and just plain stupidity replace democracy  and governing for the common good had better get energized and busy coming up with a strategy to remove GOP members from every elected position from the national level to local animal control officers. Otherwise, the majority of the next generations will face a bleak future in a nation trying to return to a past that never was with faux “leaders” who demonstrably can’t lead, and don’t even make a pretense of trying to do so.

The “forced birth party” shows little, if any, concern for the well-being of humanity once it has exited the womb! 

🇺🇸 Due Process Forever!

PWS

09-26-23

☠️🤯 CAL. PRISONS ILLEGALLY REFERRING U.S. CITIZENS FOR REMOVAL, REPORTS ACLU, LA TIMES!

Andrea Castillo
Andrea Castillo
Immigration Reporter
LA Times
Source: LA Times website

Andrea Castillo reports for the LA times:

https://www.latimes.com/politics/story/2023-08-29/californa-prisons-ice-records-us-citizens

WASHINGTON —  On Aug. 18, 2022, a records department employee at the California Correctional Center emailed federal immigration authorities a list of people they believed could be subject to deportation. The list noted that most of those named were born outside the U.S. or had an unknown birthplace. But 12 people were listed as having been born in this country.

That email was obtained by the American Civil Liberties Union of Northern California and shared with The Times. The advocacy group says California Department of Corrections and Rehabilitation staff routinely assume people in their custody are deportable immigrants — even when their own records indicate they are U.S. citizens or immigrants who should not be deported — and report those individuals to U.S. Immigration and Customs Enforcement while denying them rehabilitation opportunities.

The records stem from a public records request filed last year by the ACLU NorCal, which sought communications between the California Department of Corrections and Rehabilitation, or CDCR, and ICE. The ACLU and other advocacy groups said they analyzed about 2,500 uniquerecords from August and September 2022, during which the agency transferred more than 200 people from CDCR facilities to immigration custody.

The groups detailed the results in a report to be published Tuesday that they say describes the practices employed by the CDCR in cooperation with ICE and provides examples of alleged actions by department staff that are discriminatory, including against immigrants.

“In their zeal to collude with ICE, CDCR is not only targeting people who have served their time and are set to return home for detention and deportation but is also sweeping up U.S. citizens and Green Card holders, relying on racist assumptions and ignoring their own records,” the report states.

. . . .

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

Read the rest of Andrea’s report at the link.

Totally outrageous!

🇺🇸 Due Process Forever!

PWS

08-30-23

🇺🇸🗽👍 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

🗽 AFTER DECADES OF INEXCUSABLE FAILURE & CRUEL GIMMICKS, AMERICA 🇺🇸 CAN & SHOULD DO MUCH BETTER FOR ASYLUM SEEKERS — AN ESSENTIAL GROUP OF LEGAL IMMIGRANTS —  New AILA Report Tells How! ⚖️

Clown Parade
AILA says this vision of the USG’s Asylum Program could be changed for the better. PHOTO: Public Domain

https://www.aila.org/highstakesasylum

Introduction 

There should be a process, but there does need to be some space to be able to do this process. When you are in the thick of applying for asylum, you’re going to commit errors, you’re going to make mistakes, and it’s my understanding that these are the things that get you sent home. The work of an attorney is so important because you [as the applicant] have to turn over your soul, the best of you in this interview. The hardest part is the time, and the details required to demonstrate to the U.S. you are worthy of being allowed to remain herei 

Lara Boston, MA Recently received her green card based on an asylum grant. 

For people fleeing violence and persecution, nothing is more important than finding safety. For more than 40 years, U.S. asylum law has guaranteed asylum seekers the right to access legal protections enabling them to stay in the United States and avoid being returned to danger. But since the Refugee Act was signed into law in 1980, the laws on asylum eligibility have grown into a maze of convoluted requirements and pitfalls, like the children’s game “Chutes and Ladders,” with potentially deadly consequences. 

Because of the complexity and requirements of asylum law, it takes time to prepare an asylum application. In my 25 years of practice, I have prepared and filed hundreds of asylum applications. Based on my experience, it takes time to get an accurate account of someone’s life when there’s violence and trauma involved. It takes time to find evidence of torture and persecution. When you read this report, I encourage you to try to imagine navigating the complex legal steps in the asylum process. Then, imagine doing it without an attorney, a nearly impossible task as extensive research and data has shown.1 

This report comes at a critical moment when increased migration to the U.S. southern border and intense political pressure are pushing lawmakers to process asylum seekers faster. Faster can be accomplished, but it must also be fairer. If the system is fair, people meriting protection will receive it and those not eligible can and must depart. Toward that end, this report includes several recommendations that improve asylum processing so that it is both fair and more efficient. It is our hope that this report will contribute to policy reforms that are grounded in the realities of asylum law and the system that implements it. 

Jeremy McKinney President, American Immigration Lawyers Association (AILA) 

i Quotes by Lara throughout the report are from an interview conducted primarily in Spanish and then translated into English. 

High-Stakes Asylum How Long an Asylum Case Takes and How We Can Do Better 3 AILA Doc. No. 23061202. (Posted 6/14/23) 

Return to TOC 

pastedGraphic.png pastedGraphic_1.png pastedGraphic_2.png 

Executive summary and recommendations 

The heightened levels of migration worldwide are drawing intense political and media attention to the United States’ southern border, including radical calls for blocking access to asylum seekers that would undo longstanding American humanitarian principles. More balanced, smarter approaches are available. In fact, since taking office, the Biden Administration has implemented several such policies, including the scale-up of resources to screen asylum seekers at the border and the expansion of existing legal pathways for people to obtain protection. 

Unfortunately, the President is also accelerating and truncating the asylum system in an attempt to speed up the process with policies like the 2022 asylum processing rule and the dedicated dockets program.ii AILA has forcefully opposed these recent policies because they are restricting or blocking asylum access and, as a result, deeply compromising the integrity and fairness of the U.S. system.iii 

This report on the asylum process draws principally upon the expertise of AILA’s membership of more than 16,000 immigration attorneys and law professors nationwide who provided more than 300 detailed responses to a survey about the critical steps and time required to prepare an asylum case.iv The report’s principal conclusion is that the minimum time required for an attorney to properly prepare an asylum case is 50 to 75 hours. While this estimate accounts for some complications, an asylum case can take much longer. For example, the attorney may need to find evidence of torture in a country that is still wracked by political violence or devote extensive interview time to obtain sensitive information from the asylum applicant while they are still suffering from trauma. See Appendix I. 

The government can greatly increase the efficiency of the asylum process by increasing agency resources and capacity and by eliminating existing delays within the system. Some of those steps are being taken, but further action is urgently needed . AILA recommends the Biden Administration use a systemwide, all-of-government approach to implement a range of solutions that will improve asylum processing and the management of migration at the U.S. southern border. 

America needs an asylum system that is in line with the nation’s commitments to protect asylum seekers and ensure a fair legal process while also meeting the urgent demand for greater efficiency and capacity. The country’s immigration system must be able to quickly identify who has a legitimate claim for humanitarian protection and who does not. Those not eligible should be required to depart. But imposing strict, arbitrary timelines for asylum that do not allow for adequate preparation will result in eligible asylum seekers being denied protection and sent back to face persecution or death. 

ii The asylum processing rule is formally known as “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.” New enrollment is currently paused as the Biden administration focuses on the transition away from Title 42. For recent updates, see Featured Issue: Asylum and Credible Fear Interim Final Rule, AILA, https://www.aila.org/advo-media/issues/featured-issue-asylum-and-credible-fear#:~:text=The%20 interim%20final%20rule%20%E2%80%9CProcedures,for%20individuals%20in%20expedited%20removal. See infra at Biden administration fast-tracked programs limit the opportunity to access counsel for more information on the asylum processing rule and the dedicated docket program. 

iii E.g., AILA and the Council Submit Comments on Credible Fear Screening and Asylum Processing IFR, May 26, 2022, https:// www.aila.org/infonet/comments-on-credible-fear-screening; AILA Joins Legal Service & Mental Health Providers in Letter to Administration Expressing Grave Concerns over the “Dedicated Docket”, Oct. 5, 2022, https://www.aila.org/advo-media/ aila-correspondence/2022/letter-to-administration-expressing-grave-concerns; AILA and the Council Submit Comments on Circumvention of Lawful Pathways Proposed Rule, Mar. 26, 2023, https://www.aila.org/infonet/comments-on-circumvention- of-lawful-pathways. 

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iv See Appendix II. 

High-Stakes Asylum How Long an Asylum Case Takes and How We Can Do Better 4 AILA Doc. No. 23061202. (Posted 6/14/23) 

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Ultimately, systemwide changes can only be accomplished through congressional action to appropriate the funding required to meet these systemic demands. After three decades of inaction, Congress must pass immigration laws that ensure America’s immigration system is ready for the future. 

Key findings 

  • The basic steps of preparing an asylum application takes an estimated minimum of 50 to 75 hours. This work cannot be done in one continuous period; instead, it is carried out over the course of several months. Cases with significant complexity can take far more time than this estimate.
  • Most asylum cases are not straightforward. Complicating factors that add time to an asylum case may include detention, past trauma experienced by the applicant, language barriers, and procuring evidence from foreign countries or expert witnesses such as medical testimony.
  • It is extremely difficult for an asylum seeker represented by counsel to sufficiently develop their asylum application within the mandatory deadlines established in the May 2022 asylum processing rule or the expedited family court “dedicated dockets.”
    AILA recommendations
    Ensure asylum timelines do not undermine fairness
  • When setting asylum processing deadlines, allow adequate time for an asylum seeker to obtain counsel and for the attorney to prepare for the case. Timelines should not rush trauma survivors who may need more time to recount their experience. Reasonable continuances should be allowed to obtain an attorney or for attorney preparation.
  • Waive or exempt asylum seekers from deadlines if the reason the deadline was not met is outside of their control.
  • Do not hold asylum seekers to the same evidentiary standards when they are subject to expedited adjudication timelines, such as the shortened deadlines of the 2022 asylum processing rule.
    Reduce government delays and inefficiency
  • Establish uniform policies, centralized systems, and appropriate information sharing between immigration agencies. Agencies should centralize and digitize address changes across all agencies and simplify access to a noncitizen’s immigration record. These steps will enhance communication and data sharing, which will in turn reduce backlogs, avoid delays, and increase efficiency and fairness.
  • Reduce the immigration court backlog. Executive Office for Immigration Review (EOIR) should continue expanding initiatives to remove cases from the docket or facilitate the resolution of cases through pretrial conferencing. Immigration judges should administratively close or terminate appropriate cases, such as those eligible for a benefit with U.S. Citizenship and Immigration Service (USCIS).2
  • Do not expend finite prosecutorial resources on cases that can be resolved more expeditiously. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) attorneys should engage in pretrial negotiations and exercise prosecutorial discretion to avoid unnecessary litigation.
    High-Stakes Asylum How Long an Asylum Case Takes and How We Can Do Better 5 AILA Doc. No. 23061202. (Posted 6/14/23)

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Legal access and representation improve fairness and government efficiency 

  • Ensure asylum seekers and other migrants being processed rapidly at the U.S. southern border have access to legal information, advice, and full counsel during credible fear interviews (CFIs), Customs and Border Protection (CBP) inspections, and immigration court proceedings.
  • Congress should Fund the Department of Justice (DOJ) to provide legal representation for all immigrants. Everyone needs access to an attorney to provide legal advice and information prior to any hearings, including the CFI. Congress should appropriate DOJ funding to provide full legal representation to those in removal proceedings who cannot afford it.
  • Ensure access to counsel in all detention facilities. Detention facilities must be held accountable to policies that ensure attorneys have reliable confidential contact visits with clients, as well as access to free and confidential phone calls and video conferences. The government must monitor access to counsel at ICE facilities and impose penalties for violations of standards.
    Reduce immigration detention

Reduce immigration detention. Detention delays asylum cases because it creates barriers to obtaining counsel and makes case preparation far more difficult. The Department of Homeland Security (DHS) should reduce its use of immigration detention. 

Improve the asylum process 

  • The Biden administration should publish the long-awaited regulation on particular social group (PSG) asylum cases. On February 20, 2021, President Biden issued an executive order to promulgate this regulation by November 17, 2021,3 but it has not been published. A regulation would aid in consistency of application of asylum law and would reduce USCIS referrals to immigration court.
  • Increase transparency in adjudications by making DHS’s asylum officer training materials publicly available.
  • Establish an interagency task force to develop a trauma-informed adjudication system. Experts in development, mental health, welfare, and trauma science should all be involved in this process. A trauma-informed adjudication process will help ensure accurate adjudications in the first instance, which in turn will decrease appeals.
  • Fund additional asylum officers. Congress should appropriate funds to increase the capacity of USCIS to adjudicate asylum applications.

High-Stakes Asylum How Long an Asylum Case Takes and How We Can Do Better 6 AILA Doc. No. 23061202. (Posted 6/14/23) 

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Download and read the complete report and view accompanying video at the above link!

Amy R. Grenier
Amy R. Grenier ESQ
Immigration Attorney
Washington, D.C.
PHOTO: Linkedin

Here’s one of my favorite comments on Linkedin from an all-star member of the NDPA, Amy R. Grenier:

A year ago, I wanted to cite something in a regulatory comment, but the cite I needed didn’t exist yet.

Today, the American Immigration Lawyers Association released a report on asylum timelines, High-Stakes Asylum: How Long an Asylum Case Takes and How We Can Do Better. The report is based on a survey of over 300 asylum attorneys about how much time it takes to prepare an asylum application, and what complications add significant time. High-Stakes Asylum also includes recommendations on how to inject efficiency into the existing asylum process and ensure the integrity of a system that has life-and-death consequences.

I hope that you find it helpful to cite someday #immigration #lawyers #HighStakesAsylum!

Three decades ago, when I was practicing business immigration at Jones Day, we also did a robust pro bono Immigration Court BIA practice in which I played an advisory role. Even then, we allocated a minimum of 100 hours of attorney/paralegal prep time for an asylum case in Immigration Court and 40 hours for a BIA appeal. 

And, at that time, the system probably wasn’t as “intentionally user unfriendly” as it is now. On some occasions, we were responding to requests for pro bono representation from Immigration Judges who believed that without representation certain previously unrepresented detained cases would “be lost and linger in the system forever.” That was long before 2 million case backlogs!

Representation is essential for due process at EOIR! This fundamental truth is neither new nor is it “rocket science!” That politicians of both parties and Article III Judges have swept this truth under the carpet doesn’t make it less true! If lives of persons who didn’t have the bad fortune to be immigrants were at issue, this intentionally due-process-denying system would have been held unconstitutional by the Supremes decades ago!

Unfortunately, A.G. Garland has fashioned a “highly, unnecessarily, and intentionally user unfriendly system” that actually discourages and impedes pro bono and low bono representation.

Alfred E. Neumann
Immigration experts and long-suffering advocates have become weary of AG Garland’s “above the fray” attitude and substandard performance on human rights and equal justice in America!
PHOTO: Wikipedia Commons

Even worse, he and his subordinates have failed miserably to “fully leverage” the amazing VIISTA Villanova program for training more highly-qualified non-attorney “accredited representatives” to rapidly close the representation gap throughout the nation. The asylum litigation “training modules” put together by VIISTA founder Professor Michele Pistone, with help from the National Institute for Trial Advocacy (“NITA”) puts EOIR/DOJ/DHS asylum training to shame! 

Professor Michele Pistone
Professor Michele Pistone
Villanova Law  — The founder of VIISTA Villanova, brilliant lawyer, inspirational leader, teacher, scholar, social justice mavan, why isn’t she running and reforming EOIR? Why is Garland afraid of a proven “creative disrupter” driven 100% by a commitment to equal justice for all?

Incredibly, the Biden Administration “blew off” recommendations by experts that Professor Pistone or one of her colleagues be recruited to “shake up” EOIR and radically reform and improve training in asylum and other forms of protection.

Lack of fundamental expertise and private sector expedience representing asylum seekers is a key reason why EOIR under Garland continues to “wander in the wilderness” of legal dysfunction with no way out! So unnecessary! So damaging to democracy!

Jeremy McKinney
Jeremy McKinney, Esquire
Greensboro, NC
AILA President

Many thanks to Jeremy McKinney, Greg Chen, and others who worked on the AILA report. Cite it! Use it! Demand that Congress heed it! Use it to force justice into Garland’s failed, dysfunctional, and unfair “Clown Courts!”🤡

🇺🇸 Due Process Forever!

PWS

06-16-23

🤯 CAIR COALITION COGENTLY CONCLUDES: CANNED CLAPTRAP CAN’T CHANGE CRATERING CLOWN COURTS! 🤡

 

Kangaroos
“We don’t need immigration expertise to be hired, and now we don’t need it to deny cases either. Just have to slap any old attachment on it! EOIR is the ‘paint by numbers’ of judging!”
https://www.flickr.com/photos/rasputin243/
Creative Commons License

https://www.caircoalition.org/2023/06/12/breaking-attorneys-advocate-better-due-process-response-immigration-judges-making

BREAKING: Attorneys advocate for better due process in response to immigration judges making conveyor-belt deportation decisions

June 12, 2023

Immigration attorneys nationwide have witnessed a concerning increase in immigration judges issuing deportation decisions without individualized analysis. Instead, these barebones decisions often rely on boilerplate “form addenda,” which are standardized summaries of immigration law not specific to any noncitizen’s case.

This week, in response to these concerning practices, Capital Area Immigrants’ Rights (CAIR) Coalition and pro bono counsel O’Melveny & Myers, along with over 50 partner organizations, have submitted a letter advocating that the Executive Office for Immigration Review (EOIR) reform its policies governing the use of form addenda.

Because they are not specific to a person’s individual case and are instead just stapled to a deportation order as legal justification, the addenda usually include irrelevant issues and sometimes incorrect statements of the law. Plus, the noncitizen and their attorney often never see a copy of the addenda.

The sign-on letter urges EOIR to take multiple, concrete steps to change its policies governing the use of form addenda. These measures include increased training on addenda usage for immigration judges, making form addenda publicly accessible, and appointing an ombudsman to investigate addenda misuse.

“Due to the drastic consequences for immigrants in deportation cases—including family separation and possible persecution and death in people’s home countries—the law requires U.S. immigration judges to conduct an individualized analysis of each noncitizen’s case when deciding on their removal proceedings,” said Peter Alfredson, Senior Attorney at CAIR Coalition. “When the stakes are that high, noncitizens deserve to know that judges are taking their claims seriously—or even looking at their claims at all—and issuing decisions that reflect that responsibility.”  

“Immigration judges merely staple these form addenda to a removal order instead of doing their job to analyze each person’s case.” said Adina Appelbaum, Program Director of the Immigration Impact Lab at CAIR Coalition. “We need clearer policies from EOIR so that if judges use these addenda, they will do so in a way that is fair and respectful to the noncitizens whose lives are in their hands.” 

Adina Appelbaum
Adina Appelbaum
Director, Immigration Impact Lab
CAIR Coalition
Charter Member, NDPA
PHOTO: “30 Under 30” from Forbes

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Contact

Erin Barnaby, CAIR Coalition   |   erin@caircoalition.org

————-

About Capital Area Immigrants’ Rights Coalition

Through free legal, social, and litigation services, Capital Area Immigrants’ Rights (CAIR) works to ensure equal justice for immigrants in the Capital region who are at risk of detention and deportation.

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Crazy catastrophic courts can’t continue!

🇺🇸 Due Process Forever!

PWS

06-14-23

🤯 WACKO WORLD OF EOIR: DHS PROSECUTORS DELIVER THE BIG MIDDLE FINGER (“BMF”) 🖕TO GARLAND’S FECKLESS IMMIGRATION “COURTS” — Unilaterally Proclaim They Will No Longer Appear In Every Immigration Court Case (“Selective Appearance”), Apparently Relying On Immigration Judges To Prosecute (In Addition To Being Judge & Jury)! — They Have “Better Things To Do” Than Waste Their Valuable Time In Dem AG’s “Clown Courts!”🤡

Cadaver Synod
PROSECUTORIAL HISTORY: In 897, at the “Cadaver Synod,” Pope Stephen VI appointed himself to prosecute the corpse of his dead predecessor, Pope Formosus. (Spoiler alert: He got a conviction.) In 2023, DHS has decreed that prosecuting cases in person before EOIR is no longer worth their valuable time.
PAINTING: Jean-Paul Laurens (1870) —Public Realm

Provided by a veteran immigration practitioner:

DHS No Appear 1
DHS No Appear 1
DHS No Appear 2
DHS No Appear 2

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Notably, the four categories of “mandatory appearance” described by the Deputy Chief Counsel apply to only an infinitesimally small percentage of the roughly 2 million cases currently pending before the Immigration Courts.

Compare this with the treatment of the private bar who experience:

* Aimless reshuffling and rescheduling of their already-prepared cases, often without notice or with inadequate notice of the new hearing date;

* Arbitrary and capricious denials by some Immigration Judges of reasonable motions to continue;

* Possible disciplinary referrals for failure to appear at a scheduled hearing when listed as counsel of record.

Would the DOJ submit a similar missive to U.S. District Court Judges unilaterally announcing that they would only “selectively appear” in criminal and civil cases where the U.S. Government is a party? I doubt it!

So, what’s an Immigration Judge who does not want to perform DHS’s job for them to do? Contempt of court, you say? After all, the IJ’s authority to hold any party or counsel in Immigration Court proceeding in contempt is right there in plain language in the INA. See, INA section 240(b)(1).

Ah, but there is a catch! A big one! Although the contempt provision was added by Congress more than a quarter of  century ago, AGs of both parties have steadfastly refused to promulgate the necessary implementing regulations.

Evidently, the theory is that while IJs might be qualified to issue potential death sentences to migrants in Immigration Court, they can’t be trusted to fairly and reasonably use their contempt authority on lawyers who, after all, are mostly U.S. citizens and whose livelihood might be adversely affected. Essentially, the life of a migrant is worth less than a monetary fine for contempt to a U.S. lawyer.

Additionally, there apparently was a special concern about giving IJ’s authority to regulate the conduct of their “fellow Government attorneys” at INS, and later DHS. After all, that would be interfering with another Government agency’s “sacrosanct” authority to regulate and discipline (or not) its own employees.

In many ways, under Garland, the Immigration Courts are losing what limited public respect the might still have possessed and accelerating the move backwards to an “inquisitorial model” to replace the “adversary model” for decison-making. Ironically, this reverses over a half century of efforts by Congress, reformers, and sometimes the Executive itself to make Immigration Courts function as part of the adversary system — in other words, like “real” courts of law.

As one informed expert commenter stated upon learning of this latest development:

As we have all been saying, (1) EOIR doesn’t view itself as part of an ecosystem which also includes ICE, the private bar, non-profits, law school clinics, interpreters, USCIS, etc.; and (2) EOIR is run at it’s upper level by mindless, gutless people suffering from a complete lack of imagination existing in a bubble.

As a practical matter, I assume ICE is strategically choosing not to appear in hearings before IJs who deny everything? If not, it could actually work in your favor. In truth, the UNHCR model doesn’t envision asylum being heard in adversarial hearings; as Paul has articulately stated, it sees asylum as a collaborative effort between adjudicator and asylum seeker.
For a “practical  application” of the “collaborative effort” model promoted by the UNHCR, see Matter of S-M-J-, 21 I&N Dec. 722 (BIAS 1997).

🇺🇸 Due Process Forever!

PWS
05-31-23