📚 BOOKS:  “The Great Escape: A True Story of Forced Labor and Immigrant Dreams in America,” By Saket Soni — Free Webinar!

Saket Soni
Saket Soni
Author
Creative Commons License

Professor Steve Yale-Loehr of Cornell Law writes: 

Join us for a free webinar Tuesday February 6 at 2 pm EST on Immigration Slavery in America: A True Story of Forced Labor and Liberation

Author Saket Soni and panelists will discuss his book The Great Escape, which tells the astonishing true story of a group of immigrants trapped in the largest human trafficking scheme in modern U.S. history. Weaving a deeply personal journey with a riveting tale of modern-day forced labor, The Great Escape — named a 2023 best book of the year by the New York Times, NPR, and Amazon — takes us into the hidden lives of the foreign workers that America relies on to rebuild after climate disasters. 

Saket Soni is a labor organizer and human rights strategist working at the intersection of racial justice, migrant rights, and climate change. Joining him on the webinar is New Yorker staff writer Sarah Stillman, who writes on immigration and detention issues. Cornell Law School professor Stephen Yale-Loehr will moderate the discussion. Among other things, the panelists will put this tale of human slavery into the larger context of our broken immigration system.

The webinar is cosponsored by the Cornell Migrations Initiative and the Cornell Law School Migration and Human Rights Program.

To register for this free webinar, go to https://ecornell.cornell.edu/keynotes/overview/K020624/ If you can’t make the live version of the webinar, still register to get the recording afterward.  

Feel free to forward to others.  

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  

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Undoubtedly, if the plans of a “bipartisan” group of legally and morally challenged politicos to effectively do away with our legal asylum system comes to fruition, it will feed the extralegal system run by cartels and smugglers, thereby leading to even more exploitation of migrant labor in America!

🇺🇸 Due Process Forever!

PWS

01-24-24

 

⚖️ SUPREMES TOSS GOP AGS’ EFFORTS TO OVERRULE IMMIGRATION POLICIES, ON STANDING GROUNDS — U.S. v. Texas  — A Look Back At Prosecutorial Discretion (“PD”) Over Five Decades — GOP’s Nativist “Open Borders BS” Continues To Dominate Political Debate! 🤯🏴‍☠️

Jhttps://www.politico.com/news/2023/06/23/supreme-court-states-cant-sue-over-bidens-immigration-policies-00103417

Josh Gerstein
Josh Gerstein
White House Reporter
Politico

Josh Gerstein reports for Politico:

States can’t use the federal courts to try to force the federal government to arrest and deport more people who are in the country illegally, the Supreme Court ruled Friday.

The 8-1 decision could cut down on a flood of lawsuits recent administrations have faced from state attorneys general and governors who disagree with Washington on immigration and crime policy.

The high court’s ruling found that Texas and Louisiana lacked standing to pursue litigation challenging immigration enforcement priorities established by President Joe Biden’s administration soon after he took office.

It’s the second decision in eight days in which the Supreme Court has rejected lawsuits from Texas on standing grounds. Last week, the court ruled that the state did not have standing to challenge a federal law that gives preferences to Native American families in the adoptions of Native children.

State standing is a key question in another major issue still awaiting decision from the court in the coming days: the legality of Biden’s decision to wipe out billions of dollars in student debt.

Six states are challenging the debt-relief plan, but it’s not clear if the states have suffered the sort of concrete harm that is typically necessary to challenge a policy in court. (In a separate case, two student-loan borrowers who oppose the plan are also suing. Their legal standing is also contested.)

In the immigration case, critics of the states’ approach said their claim of likely financial injury from unwarranted release of undocumented migrants was murky. But the court’s majority opinion written, by Justice Brett Kavanaugh, took a different tack and said the case was flawed because of a general principle against suits trying to force the executive branch to enforce the law against someone else.

“This Court has consistently recognized that federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions,” Kavanaugh wrote, in an opinion joined by Chief Justice John Roberts and the court’s three liberals. “If the Court green-lighted this suit, we could anticipate complaints in future years about alleged Executive Branch under-enforcement of any similarly worded laws — whether they be drug laws, gun laws, obstruction of justice laws, or the like. We decline to start the Federal Judiciary down that uncharted path.”

. . . .

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

Read Josh’s complete article at the above link. The aptly titled case is United States v. Texas, and here’s a link to the full opinion:   https://www.supremecourt.gov/opinions/22pdf/22-58_i425.pdf 

I suppose whether you “like” or “hate” this decision depends on who is in power and what you think about them. As my friend and immigration commentator Nolan Rappaport told me, immigrants’ rights advocates might cheer this decision today, but will not be happy if Trump is elected and they can no longer team up with Democrat State AGs to challenge alleged abuses of prosecutorial authority by Trump’s Administration.

Recognizing Nolan’s point that the “sword cuts both ways,” I think this is the correct result. Perhaps, that’s because it’s a derivation of a long line of cases on prosecutorial discretion that we often successfully invoked during my time in the “Legacy INS” OGC. Also, it seems correct from a “separation of powers” standpoint.  

One of the cases that the Court relied upon is Linda R. S. v. Richard D., 410 U. S. 614 (1973). Interestingly, that case, then relatively recently decided, was one of the many I cited in the July 15, 1976 opinion that I drafted for then General Counsel Sam Bernsen approving the INS’s use of prosecutorial discretion.  See https://immigrationcourtside.com/wp-content/uploads/2018/02/Bernsen-Memo-service-exercise-pd.pdf.

Prosecutorial discretion was also an issue at the heart of the immigration case of John Lennon, which was recently in the news again because of the death of his legendary immigration counsel, Leon Wildes. See, e.g., https://immigrationcourtside.com/2024/01/09/😇-obit-leon-wildes-90-legendary-immigration-lawyer-educator-a-fond-remembrance-appreciation-from-careen-shannon-🗽/.

The “Bernsen opinion” (FN 8) cited the various Lennon cases and made reference to Leon’s article in Interpreter Releases (1976) on the topic.

After five decades of working in the immigration field in different positions and different levels, I think it’s always interesting how things from my “early career” still have relevance today!

U.S. v. Texas could also spell bad news for Texas GOP insurrectionists Gov. Greg Abbott and AG Ken Paxton in their lawless attempts to impede the U.S. Border Patrol enforcement at the border. See, e.g., https://www.cnn.com/2024/01/17/us/texas-border-patrol-us-mexico?cid=ios_app.

Indeed, although you wouldn’t know it from the mainstream media and the “alternate universe debate” now going on in Congress, the GOP claims of “open borders” and lack of immigration enforcement are total BS. In fact, the Biden Administration has far “out-deported” and “out-enforced” the Trump Administration. See, e.g., https://amsterdamnews.com/news/2024/01/03/deportation-numbers-under-biden-surpass-trumps-record/.

As experts and those who actually work with migrants at the border know, “enforcement only” doesn’t work at the border or anywhere else, although it does fuel political movements and powerful corporate interests. See, e.g., .https://open.substack.com/pub/theborderchronicle/p/prepare-yourselves-for-the-2024-border?r=1se78m&utm_medium=ios&utm_campaign=post. But, truth, rationality, humanity, expertise, and the rule of law are largely absent from today’s one-sided immigration discussions. That doesn’t bode well for the future of our nation or the world.

🇺🇸 Due Process Forever!

PWS

01-18-24

⚖️🗽🎭 HON. “SIR JEFFREY” CHASE HELPS WATERWELL CELEBRATE 20 YEARS OF SOCIAL JUSTICE EDUCATION THROUGH THEATER!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

“Sir Jeffrey” writes:

https://www.instagram.com/reel/C15BxTdPD8T/?igsh=eXFtYjY3czY5eDVv

I am featured in the attached “20 Stories for 20 Years” video for Waterwell’s 20th anniversary with Kristin Villanueva, the star of the play and film versions of “The Courtroom.”

Waterwell is the theater company co-founded by the actor Arian Moayed that has been a great advocate on behalf of immigrants.

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

Congrats, my friend and Round Table colleague, to you and to Waterwell!👏

Come to think of it, “Sir Jeffrey” is a pretty good moniker for an actor, as well as a leading warrior of the Round Table!🛡️⚔️

And, certainly, Immigration Court is a continuing human drama. Some would say “Repertory Theater of the Absurd!”🎭🤯

🇺🇸 Due Process Forever!

PWS

01-12-24

😇 OBIT: LEON WILDES, 90, LEGENDARY IMMIGRATION LAWYER & EDUCATOR — A Fond Remembrance & Appreciation From Careen Shannon! 🗽

 

Careen writes on her blog:

https://lnkd.in/gRRXvq5p

One day in 2003, I got a call from an acquaintance — the mother of one of my daughter’s middle school classmates — who happened to be the Vice Dean of Cardozo Law School, part of Yeshiva University in New York City. She knew that I was a practicing immigration lawyer with a major immigration law firm, so she was wondering: would I be interested in teaching a course in Immigration Law at Cardozo?

It turned out that Leon Wildes, founder of the esteemed immigration law firm Wildes & Weinberg, PC, and most famous for his representation of John Lennon, had been teaching Immigration Law at Cardozo for many years. But at the age of 70, he was ready to slow down a bit, and teach only one semester per year instead of two semesters. I was asked if I would be willing to teach the class during the spring semester. Leon would continue to teach the fall semester course, as well as oversee an externship program through which he placed students for a semester with nonprofit legal services organizations representing immigrant clients.

I eagerly said yes, and was given the freedom to design my own syllabus and curriculum. I taught the basic doctrinal course in Immigration Law at Cardozo from 2004 through 2011. Then Leon decided to step down from teaching completely. His son, Michael Wildes, an esteemed immigration attorney in his own right, took over the class, and I segued into running the externship program, which I turned into a full-fledged field clinic with a weekly seminar where we did case rounds and focused on different substantive topics each week — both legal topics such as deportation or different visa types, and practice-oriented issues such as how to interview clients who have suffered severe trauma. I continued to run the Immigration Law Field Clinic at Cardozo Law School until 2015.

Now Leon Wildes has passed on, at the age of 90. He leaves behind an incredible legacy as one of the grand old men of the immigration bar. And that story about John Lennon? It’s worth reading.

Leon WIldes, John Lennon, Yoko

Photo from the Wildes & Weinberg, PC website.

Because of Lennon’s affiliation with the Left and his ability to rally young people (during the first presidential election when 18- to 20-year-olds could vote), Richard Nixon considered Lennon to be a threat to his reelection in 1972 and wanted him deported. In defending Lennon against deportation, Leon Wildes — who was so conventional that he purportedly didn’t even know who John Lennon was before he took him on as a client — managed to uncover the then-secret practice (then called the “non-priority program”) within the then-Immigration and Naturalization Service (INS) of exercising prosecutorial discretion not to deport certain otherwise deportable individuals.

Wildes’ advocacy led John Lennon and Yoko Ono to succeed in their fight against deportation and enabled them to obtain permanent residence. Moreover, Wildes’ unmasking of the INS’s ability to exercise prosecutorial discretion paved the way for the Obama Administration to later create a policy allowing young people brought to the United States as children — the so-called “Dreamers” — to remain in the United States under the Deferred Action for Childhood Arrivals (DACA) program.

Read the story of Leon Wildes’ representation of John Lennon in his first-person account, “Not Just Any Immigration Case,” reprinted on the Wildes & Weinberg website from the Benjamin N. Cardozo School of Law Alumni Review.

RIP Leon Wildes. May his memory be a blessing

Careen Shannon
Senior Counsel (formerly Partner) Fragomen, Del Rey, Bernsen & Loewy, LLP Executive Producer
“Las Abogadas: Attorneys on the Front Lines of the Migrant Crisis.”
Photo: Think Immigration

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

Thanks, Careen! Lot’s of “good historical stuff” on the Lennon case on the Wildes & Weinberg PC website: https://www.wildeslaw.com/

I drafted the BIA decision in Lennon that was reversed by the late Chief Judge Irving Kaufman and the 2d Circuit. Leon argued the case before the BIA. 

Another legend, the late Vinnie Schiano (who, according to my Round Table colleague and immigration historian Hon. “Sir Jeffrey” Chase, claimed to have been a co-inventor of the “Master Calendar”) argued for the “Legacy” INS.  At that time, the BIA counted immigration “gurus” Chairman Maury Roberts and Louisa Wilson among its five members. 

I ran into Leon at a number of AILA functions over the years. I think he was friendly with Maury Roberts and the late Sam Bernsen, two of my “mentors.” 

Leon was a gentleman, scholar, and educator, widely respected by those in Government and private practice. 

May he rest in peace after a life well-lived!

🇺🇸 Due Process Forever!

PWS

01-09-24

☠️ ⚰️ FIRST IT WAS IMMIGRANTS, THEN WOMEN, LGBTQ+, ELECTION OFFICIALS, TEACHERS, LIBRARIANS — GOP’S LATEST TARGET OF TOXIC LIES, CRUELTY, STUPIDITY:  Hungry Kids! 🤮 “The announcements by Reynolds and Pillen seem almost tailor-made to validate the adage that for Republicans, ‘life begins at conception and ends at birth.’” 

Michael Hiltzik
Michael Hiltzik
Author & LA Times Columnist
PHOTO: X

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=52a9eb75-c262-45a3-93e8-89f8e05a06b5

Michael Hiltzik writes in the LA Times:

Question: Is there anything more absurd than red state governors rejecting federal programs that directly benefit their constituents?

Easy answer: Yes. It’s the explanations they give to make their actions appear to be sober, responsible fiscal decisions.

The Republican governors of Iowa and Nebraska brought us the most recent examples of this phenomenon just before Christmas.

The issue in both states is a summer food program that provides $40 a month per child in June, July and August to families eligible for free or reduced-price school meals.

The program is known as the Summer Electronic Benefit Transfer Program for Children, or Summer EBT. Its purpose is to give the eligible families a financial bridge during the months when their kids aren’t in school.

The governors didn’t see it that way. Here’s how Iowa Gov. Kim Reynolds justified her decision to reject the federal subsidy

for low-income Iowans: “Federal COVID-era cash benefit programs are not sustainable and don’t provide long-term solutions for the issues impacting children and families.”

Nebraska Gov. Jim Pillen’s explanation was,

“I don’t believe in welfare.”

Both governors said their states already had programs in place to address food needs for low-income families, and that was enough.

It’s worth noting that the explanations by both Reynolds and Pillen are fundamentally incoherent. What does Reynolds even mean by calling the program “not sustainable”? It would be sustained as long as Congress continues to fund it, which is almost certain as long as Republicans don’t take control of both houses and kill it.

As for Pillen’s crack about “welfare,” he didn’t bother to explain what he believes is wrong with “welfare” as such; he just uttered the term knowing that it’s a dog whistle for conservative voters aimed at dehumanizing the program’s beneficiaries.

What makes these governors’ refusals so much more irresponsible is that the federal government is picking up 100% of the tab for the benefits; the states only have to agree to pay half the administrative costs. Their shares come to $2.2 million in Iowa and $300,000 in Nebraska, according to those states’ estimates.

In return, 240,000 children in Iowa would receive a total of $28.8 million in benefits over the three summer months, and 150,000 Nebraskans would receive a total of $18 million. Sounds like a massively profitable investment in child health in those states.

The governors’ defenses smack of the same strained plausibility of those statements made by banks, streaming networks and other commercial entities that explain that their price hikes and service reductions are “efforts to serve you better.”

. . . .

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

Read the complete article at the link.

Cowardly, irresponsible GOP governors pick on poor kids and their families.  And, the other things that might lift families out of poverty:  higher wages, shorter hours, more childcare, better health care, educational opportunities, vocational assistance, family planning assistance —   the GOP opposes them all in their totally corrupt and disingenuous “race to the bottom.” 

Just look at the amount of money GOP politicos have wasted on cruel stunts and gimmicks intended and guaranteed to make the humanitarian situation worse!

🇺🇸 Due Process Forever!

PWS

01-04-23

🗽⚖️ PROVING OUR POINT, AGAIN: “Sir Jeffrey” & I Have Been Ripping The Garland BIA’s Contrived “Any Reason To Deny” Misinterpretations Of Nexus & PSG — 1st Cir. Is Latest To Agree With Us! — Espinoza-Ochoa v. Garland

Kangaroos
Turning this group loose on asylum seekers is an act of gross legal, judicial, and political malpractice by the Biden Administration and Merrick Garland!
https://www.flickr.com/photos/rasputin243/
Creative Commons License

Dan Kowalski reports for LexisNexis Immigration Community: 

http://media.ca1.uscourts.gov/pdf.opinions/21-1431P-01A.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/big-psg-and-nexus-victory-at-ca1—espinoza-ochoa-v-garland

“Here, the IJ and BIA found, and the government does not dispute, that Espinoza-Ochoa credibly testified that he experienced harm and threats of harm in Guatemala that “constitute[d] persecution.” But the agency concluded that Espinoza-Ochoa was still ineligible for asylum for two reasons. First, it held that Espinoza-Ochoa had failed to identify a valid PSG because the social group he delineated, “land-owning farmer, who was persecuted for simply holding [the] position of farmer and owning a farm, by both the police and gangs in concert,” was impermissibly circular. Second, the IJ and BIA each held that, regardless of whether his asserted PSG was valid, the harm Espinoza-Ochoa experienced was “generalized criminal activity” and therefore was not on account of his social group. We conclude that the BIA committed legal error in both its PSG and nexus analyses. We first explain why Espinoza-Ochoa’s PSG was not circular and then evaluate whether his PSG was “at least one central reason” for the harm he suffered. Ultimately, we remand to the agency to reconsider both issues consistent with this opinion. … For all these reasons, we agree with Espinoza-Ochoa that legal error infected both the PSG and nexus analyses below. Accordingly, we GRANT the petition, VACATE the decision below, and REMAND for further proceedings consistent with this opinion.”

[Hats way off to Randy Olen!]

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

You’ve been reading about this damaging, deadly legal travesty going on during Garland’s watch:

🌲UNDER YOUR TREE:  A GIFT 🎁 FROM “SIR JEFFREY” CHASE OF THE ROUND TABLE 🛡️— “Asylum In The Time Of M-R-M-S-“ — “One reaction to this decision would have involved explaining that the Board’s illogical holding was reached not by error but by design, in furtherance of a restrictionist agenda; asking why the current administration hasn’t changed the makeup of a BIA specifically constructed to do exactly that . . . . But such talk would be of no practical help. What those representing asylum applicants and those in government deciding those claims need now is a path to negotiate this latest obstacle and still reach the correct result.”

🤯 MISFIRES: MORE MIXED MOTIVE MISTAKES BY BIA — “Expert” Tribunal Continues Underperforming In Life Or Death Asylum Cases! — Sebastian-Sebastian v. Garland (6th Cir.) — Biden Administration’s “Solution” To Systemic Undergranting Of Asylum & Resulting EOIR Backlogs: Throw Victims Of “Unduly Restrictive Adjudication” Under The Bus! 🚌🤮

How outrageous, illegal, and “anti-historical” are the Garland BIA’s antics? The classic example of Marxist-Leninist revolutionary persecutions involve targeting property owners, particularly landowners. Indeed, in an earlier time, the BIA acknowledged that “landowners” were a PSG. See, e.g., Matter of Acosta, 19 I&N Dec. 211 (BIA 1985).

But, now in intellectually dishonest decisions, the BIA pretzels itself, ignores precedent, and tortures history in scurrilous attempts to deny obvious protection. These bad decisions, anti-asylum bias, and deficient scholarship infect the entire system. 

It makes cases like this — which could  and should have easily been granted in a competent system shortly after the respondent’s arrival in 2016 — hang around for seven years, waste resources, and still be on the docket. 

This is a highly — perhaps intentionally — unrecognized reason why the U.S. asylum asylum system is failing today. It’s also a continuing indictment of the deficient performance of Merrick Garland as Attorney General. 

Obviously, these deadly, festering problems infecting the entire U.S. justice system are NOT going to be solved by taking more extreme enforcement actions against those whose quest for fair and correct asylum determinations are now being systematically stymied and mishandled by the incompetent actions of the USG, starting with the DOJ!

🇺🇸 Due Process Forever!

PWS

12-28-23

  

⚖️ FOLLOWNG SCATHING REPORT ON ABUSE OF KIDS IN IMMIGRATION COURT, EOIR ANNOUNCES SOME REFORMS — Rekha Sharma-Crawford Reports!

Rekha Aharma-Crawford
Rekha Sharma-Crawford ESQUIRE
Partner and Co-Founder Sharma-Crawford Law
Kansas City, KS

Rekha writes on LinkedIn:

A major step towards acknowledging that the best interest of the child must play a critical role in immigration cases. This was an idea I raised over 10 years ago with my friend and colleague, the brilliant Lory Rosenberg. Later the idea again was put forward with two additional brilliant colleagues, Paul Schmidt and Susan Roy. Sometimes it takes a very long time, but the right approach can’t be hidden forever.  So pleased to see it is finally seeing some daylight.

Here’s the Memorandum from EOIR Director David  L.  Neal:

https://www.justice.gov/d9/2023-12/dm-24-01.pdf

Here’s the recent UCLA Center for Immigraton Law & Policy report on EOIR’s systemic failure to provide due process for children in Immigration Court:

🤮☠️ AS CONGRESS ENGAGES IN TRUTH & REALITY FREE (NON) DEBATE ON HOW TO INFLICT MORE CRUELTY AND MAYHEM ON VULNERABLE ASYLUM SEEKERS, THE REAL IMMIGRATION PROBLEMS GO UNADDRESSED — “No Fair Day” Documents Continuing Abuse Of Kids In Immigration Court!

Here’s a link to the “Sharma-Crawford, Rosenberg, Roy, Schmidt article” on “Best Interests of The Child in Immigration Court:”

🇺🇸⚖️ “BEST INTERESTS OF THE CHILD” IS A WIDELY-ACCEPTED EMPIRICALLY- SUPPORTED CONCEPT OF AMERICAN LAW — BUT NOT @  GARLAND’S DYSFUNCTIONAL EOIR! — The “Gang of 4,” Lory, Rekha, Sue, & I, With “Practical Scholarship” On How & Why To Argue For 21st Century Jurisprudence In A System Too-Often Wedded To The Past!

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As noted by my Round Table colleague “Sir Jeffrey” Chase, our Round Table has spoken out about the need for a separate Immigration Court system for children:

As you know, our Round Table signed on to a letter of support for proposed legislation to create a Children’s Immigration Court.

[Director Neal’s statement is] a positive administrative development.

Here’s my take:

  1. While progress is always welcome, this statement shrouds the concept of “best interest of the child” (“BIC”) with legal gobbledygook and bureaucratic doublespeak. (P. 3 of Neal Memo under “Legal Standards”).
  2. Here’s what a clear, correct statement on BIC would look like:

BIC, regardless of whether or not presented by a “Child Advocate” or incorporated in a “Best Interests Determination” (“BID”), can be directly relevant to issues of removability. For example, evidence of removability obtained by methods that clearly conflict with the BIC could be found unreliable or the result of “egregious misconduct” for the purposes of determining removability.

The BIC can also be highly relevant to issues of eligibility for relief. For example, a government or society that deprives certain children of all meaningful educational oportunities might well be engaging in persecution.

In addition, in NLPR cancellation cases, the BIC could be persuasive, even determinative, evidence that removal of a parent will result in “exceptional and extremely unusual hardship” to a USC or LPR child or children.

3) Finally, since the EOIR Director is an administrator, not a quasi-judicial official, his or her policies have a distinct “you can take it or leave it” effect in Immigration Court. Therefore ameliorative statements from the Director, no matter how well-intended, are only effective if the BIA is willing and able to insist on and enforce “best practices” on Immigration Judges, preferably through precedent decisions and reassigning cases away from those IJs who show repeated contempt for due process and best practices.

Unfortunately, the current version of the BIA has, as a body, shown neither much sympathy nor concern for the substantive and due process rights of asylum seekers and other immigrants in Immigration Court. Unless and until Garland “cleans house” and appoints a BIA where all Appellate Judges are immigration/human rights experts laser focused on due process and best practices in Immigration Court — and not afraid of enforcing them uniformly in individual cases and incorporating them in binding precedents — the Director’s latest somewhat ameliorative statement is likely to be as toothless in practice as past efforts.

To a large extent, that’s a “nutshell” of why Garland’s Immigration Courts are in dire failure that threatens our entire democracy.

Unfortunately, that we are three years into this Administration and Garland is still bumbling along with a BIA that largely represents the mistakes and shortcomings of his predecessors suggests that waiting for him to “get religion” on the need for expertise, due process, fundamental fairness, and best practices at EOIR will continue to be an exercise in “Waiting for Godot!”

Waiting for Godot
Immigration practitioners waiting for Garland to institute “due process, fundamental fairness, and best practices” as the sole mission of his EOIR “courts.” It could be a long wait. Very long! Too long!
Naseer’s Motley Group in The Rose Bowl
Merlaysamuel
Creative Commons Attribution-Share Alike 3.0
Waiting for Godot in Doon School.jpg Copy
[[File:Waiting for Godot in Doon School.jpg|Waiting_for_Godot_in_Doon_School]]
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December 8, 2011

🇺🇸 Due Process Forever!

PWS

12-22-23

👏⚖️ TELLING IT LIKE IT IS! — Immigration Guru & Pundit Dan Kowalski Slams The Immorality & Intellectual Dishonesty Of The Viral “Border Debate” In Congress!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan writes on Substack:

Let’s Abandon Ukraine So We Can Be Mean To Mexicans, et al.

Or, How To Further Debase Congress

pastedGraphic.png

DAN KOWALSKI

DEC 6, 2023

U.S. immigration law and policy, including border security and asylum, have nothing to do with Ukraine, NATO, Russia and Putin. Right?

Wrong, if you are a Republican in Congress. Here, let Sen. John Cornyn (R-TX) explain: “I think … Schumer will realize we’re serious … and then the discussions will begin in earnest.”

Thanks for reading Dan’s Substack! Subscribe for free to receive new posts and support my work.

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If you are still having trouble with the concept, I’ll translate for you: “Yes, we understand and agree that Russia cannot be allowed to take over Ukraine, and we will fund aid to Ukraine, but in exchange, we insist on fundamental changes to our immigration laws to make sure no more Brown people come to America, starting right effing now.” (“Brown,” in this context, means anyone who is poor, Latin American, Asian, African, non-Anglophone…you get the idea.)

How will this play out in the next few weeks? I see three options: 1) Biden and the Dems cave, so the 1980 Refugee Act is scrapped, Dreamers get deported, the southern border is further militarized, and the economy tanks because a good chunk of the workforce is afraid to come to work; or 2) the GOP does a Tuberville and caves; or 3) the Unknown Unknown.

Stay tuned…

Thanks for reading Dan’s Substack! Subscribe for free to receive new posts and support my work.

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

Thanks for telling it like it is, Dan! There is no validity to the GOP’s attempt to punish asylum seekers by unconscionably returning them to danger and death with no process.

The cruelty and threat to life from forcing desperate seekers to wait in dangerous conditions in Mexico, pushing them to attempt entry in ever more deadly locations along the border, detaining them in inhumane substandard prisons in the U.S., and or returning them without meaningful screening by qualified independent decision-makers is overwhelming. That Congress, the Administration, and much of the “mainstream media” choose to ignore, and often intentionally misrepresent, truth and reality about the horrible human and fiscal wastefulness of “border deterrence” doesn’t change these facts!

Border Death
Casket makers expect a huge boon from the deadly “border negotiations” going on in the U.S. Congress. But, the bodies of many of the victims of U.S. cruelty and blatant trashing of human and legal rights of asylum seekers might never be located. Those about to be sacrificed for political ends have “no voice at the table.” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

The Administration’s three year failure to build a functional, robust asylum system at the border with humane reception centers, access to legal assistance, a rational resettlement system, and sweeping, readily achievable, administrative reforms and leadership changes at EOIR and the Asylum Office (as laid out by experts, whose views were dismissed) is also inexcusable. 

Yet, the media misrepresents this farce as a “debate.” It’s a false “debate” in which neither disingenuous “side” speaks for the endangered humans whose rights and lives they are bargaining away to mask their own failures and immorality.

🇺🇸 Due Process Forever!

PWS

12-08-23

☠️ DERELICTION OF DUTY! — 9TH CIRCUIT JUDGES RIP BIA’S TOXIC “DEPORT AT ANY COST” CULTURE — “The Government’s duty should be to seek justice, not to deport people at any cost. In my view, it lost sight of that duty here.”

Kangaroos
Some Article III Judges recognize that “deport at any cost” at EOIR is a “bad look” for American justice! 
https://www.flickr.com/photos/rasputin243/
Creative Commons License

In this case, involving a woman and her two children, EOIR engaged in “Aimless Docket Reshuffling” by unilaterally moving the respondents hearing to an earlier date — arguably a due process denial in and of itself given the coordination and preparation necessary to competently present merits cases in Immigration Court. Then, EOIR failed to give legally sufficient notice of the arbitrarily accelerated hearing — a common occurrence in this dysfunctional and poorly administered system, as most practitioners would tell you. 

Indeed, the defective notice was returned to EOIR, so the IJ knew that the respondent was never properly notified of the hearing. Nevertheless, ICE improperly moved for an in absentia order and the the IJ erroneously granted it.

Upon learning of the illegal “in absentia” order entered against her, the respondent promptly moved to reopen, providing unrebutted evidence of non-receipt of notice. The IJ erroneously denied the motion. 

On appeal, the BIA compounded this farce by wrongfully affirming the IJ’s clearly wrong decision. Instead of confessing error, OIL advanced frivolous arguments for dismissal, falsely claiming dilatory action by the respondent, even though there is no “time bar” on a motion to reopen for defective notice.

The Ninth Circuit summarily reversed in an (unfortunately) unpublished decision. Circuit Judges Friedland and Paez, obviously and justifiably upset by this totally preventable travesty, were motivated to enter a separate concurring opinion commenting on the unprofessional “clown show” 🤡 operating at EOIR:

FRIEDLAND, Circuit Judge, with whom Circuit Judge PAEZ joins, concurring:

When the date of a removal hearing changes, the Government is required to provide a Notice of Hearing (“NOH”) containing the new date and time. 8 U.S.C. § 1229(a)(2)(A). If a person fails to appear for her hearing, she shall be removed in absentia only “if the Service establishes by clear, unequivocal, and convincing evidence that the written notice [of the hearing] was so provided.” Id. § 1229a(b)(5)(A).

Here, when Ontiveros Lozano’s removal hearing date was moved up, the Government mailed her an NOH, but it was returned as undeliverable over a month before her scheduled hearing. Ontiveros Lozano therefore indisputably did not receive the required notice, and the Government knew this. Yet the Government requested and received an in absentia removal order against Ontiveros Lozano when she did not appear for her scheduled hearing. In doing so, the Government violated the explicit statutory requirement in § 1229a(b)(5)(A).

The Government now argues that Ontiveros Lozano’s removal proceedings should not be reopened because she was not diligent in discovering the Government’s conduct and because she has forfeited her challenge to the entry of the in absentia removal order.

The Government’s duty should be to seek justice, not to deport people at any cost. In my view, it lost sight of that duty here.

Read the full opinion here:

9th Cir Absentia set aside

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

The full ugliness and dysfunction of EOIR and the DOJ are on display here:

  • Aimless Docket Reshuffling in action;
  • Defective notice;
  • Violation of statutory requirements;
  • Defective administration of justice;
  • Unethical actions by ICE counsel in requesting an in absentia order knowing full well that the respondent had never received notice;
  • Stunningly poor trial judging (2X);
  • Horrible appellate judging;
  • Frivolous defense of an unjust decision by OIL.

This system is broken! It’s promoting injustice and clogging the Article III Courts with poor quality work product by USG “judges” and attorneys who aren’t up to or well-qualified for their jobs. The focus on “removal at any cost” rather than due process and justice is unconstitutional and unethical. It comes from poor leadership from the Attorney General on down! The only question is why isn’t anybody in charge motivated to fix it!

A quarter century ago, the “EOIR vision” was a noble one: “Through teamwork and innovation be the world’s best administrative tribunals, guaranteeing fairness and due process for all!” It was even posted on the website! Not only has that noble vision disappeared, both literally and figuratively, but over the last two decades Administrations of both parties have degraded justice and functionality at EOIR — some intentionally, some negligently, sometimes a toxic combination of the two.

In the absence of Article I legislation, what EOIR and the DOJ immigration bureaucracy need is a thorough housecleaning, new dynamic, due-process-focused expert leadership, and better judges at both levels. Letting EOIR continue its “death spiral,” as the Biden Administration has done, is totally unacceptable!🤯

Many thanks and appreciation to one of our newest Round Table 🛡️ members, Judge Sandy Hom, recently retired from the New York Immigration Court, for spotting this unpublished opinion and forwarding it! It’s the kind of common purpose, collegiality, and teamwork that is largely absent from today’s dysfunctional EOIR!

🇺🇸 Due Process Forever!

PWS

12-07-23

🤯☠️🤮 BAD JUDGING TRIFECTA: BIA’s Poor Performance Tries The Patience Of The Ultra-Conservative 5th Circuit!

Three LemonsBy Auguste Renoir (1918} Public Realm
Three Lemons
By Auguste Renoir (1918}
Public Realm
The BIA pulls three lemons on an epic judging fail that left a sour taste in the mouths of Fifth Circuit Judges!

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/big-reversal-and-victory-at-ca5-argueta-hernandez-ii

On July 10, 2023, a Fifth Circuit panel dismissed Mr. Argueta-Hernandez’ petition for review for lack of jurisdiction, 73 F.4th 300.

On Dec. 5, 2023 the panel (Higginbotham, Graves, and Douglas) granted rehearing, granted the petition, vacated and remanded:

“Although we owe deference to the BIA, that deference is not blind. Here, where the BIA misapplied prevailing case law, disregarded crucial evidence, and failed to adequately support its decisions, we are compelled to grant the petition for review, vacate the immigration court decisions, and remand to BIA for further proceedings.”

[Hats way off to Alison Lo, Jonathan Cooper and Chuck Roth!]

Alison Lo, Esquire
Alison Lo, Esquire
Jonathan Cooper, Esquire
Jonathan Cooper, Esquire
Chuck Roth, Esquire
Chuck Roth, Esquire

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

Congrats to this all-star NDPA litigation team. Once again, the expertise and scholarship in asylum and immigration law is on the “outside,” the NDPA, rather than at EOIR where it is so much needed!

Judge Higginbotham is a Reagan appointee. Judge Graves was appointed by Obama. Judge Douglas is a Biden appointee.

Here’s what the “coveted trifecta of bad judging” looks like:

The BIA:

1) misapplied prevailing case law,

2) disregarded crucial evidence, and

3) failed to adequately support its decisions!

My only question is: Did they manage to get the ”A#” right?

Golden nugget: The 5th Circuit recognizes that under the Supremes’ decision in Cardoza-Fonseca: “A ‘reasonable degree’ [for establishing a “well founded fear”] means a ten percent chance.” This “seminal rule” is violated by BIA panels and Immigration Judges across the nation on a daily basis. It is also widely ignored by many Circuit panels.

Unlike the BIA, Judge Higgenbotham carefully and clearly explains how threats other than physical injury can amount to persecution — another “seminal rule” that too many EOIR adjudicators routinely ignore.

In sharp contrast to the BIA’s intentional “butchering” of the “mixed motive” doctrine in Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023), Judge Higgenbotham correctly articulates the meaning of “at least one central reason.” See https://immigrationcourtside.com/2023/12/04/☠️🤯-bia-trashes-normal-legal-rules-of-causation-jettisons-4th-cir-precedent-to-deny-family-based-psg-case-the-latest-anti-asylum-znger-from-falls-church-famil/.

He states:

By characterizing MS-13’s threats against Argueta-Hernandez and his family as
solely extortion, BIA disregards that he needed only to present “‘some
particularized connection between the feared persecution’” and the
protected ground in which his application for relief relies. . . . Such a rigorous standard would largely render nugatory the Supreme Court’s decision in INS v. Cardoza-Fonseca, 480 U.S. 421 (1987).”).

Precisely! Ignoring Cardoza-Fonseca and their own binding precedent in Matter of Mogharrabi is what the BIA does frequently in “manipulating the nexus requirement” to deny meritorious claims to qualified refugees who face real harm! It’s all part of the toxic anti-asylum bias and “any reason to deny culture” that still permeates EOIR under Garland!

The BIA is not allowed to “presume,” as they effectively did in M-R-M-S-, the lack of qualifying motivation in “family based” psg cases and place an undue burden on the respondent to “prove” otherwise. 

The panel also reams out the BIA for failure to follow basic rules and precedents requiring a separate CAT analysis.

Unlike the legal gobbldygook, obfuscation, doublespeak, and “canned” language that plagues many BIA opinions, Judge Higginbotham offers a clear, understandable, clinical explanation of asylum law and how it should be applied to what is actually a recurring situation in asylum law! 

Reading this very clear opinion, I couldn’t help but feel that it was a panel of “general jurisdiction” Federal Judges from a so-called “conservative Circuit” who understood the complexity and nuances of asylum law, while the BIA Appellate Judges were the “rank amateurs.” This reflects a criticism oft made by my Round Table colleague Hon. “Sir Jeffrey” Chase  that EOIR’s asylum training is grotesquely substandard — far below that readily available in the “private/NGO/academic” sector! What possible excuse could there be for this ongoing travesty at DOJ?

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges. His consistent, outspoken criticism of EOIR’s poor asylum training is proving all too true on a daily basis!

 

AG Garland continues to show a truly (and disturbingly) remarkable tolerance for poor judicial performance by his subordinates at the BIA. At the same time, he shows little, if any, concern for the deadly devastating impact of that bad judging on human lives and the way it corrodes our entire legal system!

The glaring, life-threatening legal and operational problems at EOIR are solvable. We should all be asking why, after three years in office, a Dem Administration has made such feeble efforts to bring long overdue leadership, substantive, and operational changes to “America’s worst court system?” Well into what was supposed to be a “reform” Administration, EOIR remains a steeped in the “culture of denial and bias against asylum seekers” actively furthered by the Trump Administration and NOT effectively addressed by Garland (although he concededly has made a few improvements)!

🇺🇸 Due Process Forever!

PWS

12-06-23

😴 MAYBE HE SLEPT THROUGH HISTORY CLASS — K-MAC’s “Unwoke” GOP Version Of U.S. History Points The Way To A Dumber Future For A Nation That Fears Truth! — From Bess Levin @ Vanity Fair

Rip Van Winkle
Kevin McCarthy “dreamed up” his contrafactual version of U.S. history. Would Native Americans agree that U.S. wars never resulted in land grabs?

https://www.vanityfair.com/news/2023/11/kevin-mccarthy-says-america-never-acquired-land-via-war

Former House Speaker Kevin McCarthy has said and done a lot of massively cringeworthy stuff over the last several years, including but not limited to:

Anyway, the former Speaker added a new entry to the “What kind of cringey stuff is Kevin up to today” archives on Sunday, when he posted a video to his X account in which he made clear that his knowledge of US history leaves…a lot to be desired!

Appearing in a tuxedo at an unnamed event—possibly a gathering of politicians who had their lips sewn to the worst president in modern history’s ass, possibly not—McCarthy declared: “In every single war that America has fought we have never asked for land afterwards except for enough to bury the Americans who gave the ultimate sacrifice for that freedom we went in for.”

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Kevin McCarthy

@SpeakerMcCarthy

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Think for one moment. In every single war that America has fought, we have never asked for land afterward—except for enough to bury the Americans who gave the ultimate sacrifice for freedom.

Readers added context

The US has acquired numerous territories through conflict, including:

1848, Mexico ceded 55% of its territory:

archives.gov/milestone-docu…

1898, Spain ceded Guam, Puerto Rico & The Philippines.

history.state.gov/milestones/186…

1899, US acquires American Samoa after the 2nd Samoan Civil War

en.m.wikipedia.org/wiki/Tripartit…

Context is written by people who use X, and appears when rated helpful by others.  Find out more.

8:36 PM · Nov 26, 2023

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This, of course, is not true at all. After the Revolutionary War, the US doubled in size due to land relinquished by the British. After the Mexican-American war, the US took possession of present-day states California, Nevada, New Mexico, Utah, most of Arizona and Colorado, and parts of Oklahoma, Kansas, and Wyoming. And after the Spanish-American War the US took over Guam, Puerto Rico, and the Philippines.

Is McCarthy’s blunder embarrassing? Hugely! Is basic knowledge of this country’s history, how our government functions, and other lessons children learn in school a prerequisite for being a member of the modern Republican Party? Well, as his colleagues can attest, obviously not.

 

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

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

Read more of Bess and Vanity Fair at the above link.

Dumbing down American history, censorship, book banning, and teaching myths instead of truth are all part of the GOP agenda! Just look at what’s happening on some local school boards and libraries!

🇺🇸 Due Process Forever!

PWS

11-28-23

🤯 WACKO PRIORITIES! — Huge Backlogs & Poor Public Service, Yet DOS Bureaucracy Finds Time To “Correct” Their Own “Mistake” From More Than 6 Decades Ago, Thus Making American Doctor “Stateless!”

Bureaucracy
Bureaucracy can obscure common sense!
ATTRIBUTION: Creative Commons 3.0

https://www.washingtonpost.com/dc-md-va/2023/11/25/virginia-doctor-passport-citizenship-nightmare/

Theresa Vargas reports in WashPost:

Theresa Vargas
Theresa Vargas
Reporter
Washington Post

Siavash Sobhani is stateless.

The Northern Virginia doctor knows at least that much about his situation. He knows he is no longer considered a citizen of the United States — the place where he was born, went to school and has practiced medicine for more than 30 years — and that he also belongs to no other place.

“I’m in limbo,” he told me on a recent afternoon.

In the past few years, there have been many passport-renewal nightmare stories, with processing delays forcing people to beg, lose sleep and miss once-in-a-lifetime trips. But what Sobhani has experienced this year after trying to renew his passport is uniquely unmooring.

As he tells it, when he sent in an application for a new passport in February, he had no reason to expect he’d face any difficulties. He had renewed his passport several times previously without problems. This time, it was set to expire in June, and he wanted to make sure he had a valid one in hand before his family took a trip in July.

But he did not receive a new passport. Instead, at the age of 61, he lost what he had held since he was an infant: U.S. citizenship.

A letter from a State Department official informed him that he should not have been granted citizenship at the time of his birth because his father was a diplomat with the Embassy of Iran. The letter directed Sobhani to a website where he could apply for lawful permanent residence.

“This was a shock to me,” said Sobhani, who specializes in internal medicine. “I’m a doctor. I’ve been here all my life. I’ve paid my taxes. I’ve voted for presidents. I’ve served my community in Northern Virginia. During covid, I was at work, putting myself at risk, putting my family at risk. So when you’re told after 61 years, ‘Oh there was a mistake, you’re no longer a U.S. citizen,’ it’s really, really shocking.”

. . . .

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

Read Theresa’s full article at the link.

Months for a routine passport renewal? If you’re lucky! The DOS has struggled to cope with a totally predictable and largely self-aggravated “crisis!” Who would have thought that after several years of pandemic isolation and with a booming economy, Americans would start traveling again in record numbers? Probably, everybody in America except ivory tower DOS bureaucrats who failed to prepare for the obvious and to elevate public service over intrasigence!

As a veteran of more than four decades of dealing with the immigration bureaucracy — from both the inside and outside — I can testify to the truth of the adage that “Some cans of worms are better left unopened!” (Corollary: “If you open it, you own it!”) Where’s the common sense here? Lost in the bureaucratic fog, 🌫️ I guess!

🇺🇸 Due Process Forever!

PWS

11-2-23

🤯 POLITICS: (SADLY) YOU CAN’T MAKE THIS STUFF UP! —  Bess Levin @ Vanity Fair With The (Very) Low Down On MAGAMIKE!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

https://www.vanityfair.com/news/2023/10/everything-to-know-about-mike-johnson?utm_source=nl&utm_brand=vf&utm_mailing=VF_HIVE_102823&utm_medium=email&bxid=5bd67c363f92a41245df49eb&cndid=48297443&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&hashc=eb7798068820f2944081a20180a0d3a94e025b4a93ea9ae77c7bbe00367c46ef&esrc=newsletteroverlay&mbid=mbid%3DCRMVYF012019&source=EDT_VYF_NEWSLETTER_0_HIVE_ZZ&utm_campaign=VF_HIVE_102823&utm_term=VYF_Hive

Election Denial, “Sexual Anarchy,” Noah’s Ark: All the Mike Johnson Details We Regret to Inform You Of

By Bess LevinOctober 26, 2023

There’s a lot that’s concerning!

pastedGraphic.png

Drew Angerer/Getty Images

On October 25, after several weeks that saw dysfunction, chaos, humiliation, and anonymous threats to at least one lawmaker’s wife, Republicans finally elected a Speaker of the House to succeed Kevin McCarthy: Mike Johnson, a representative from Louisiana who has the distinction of being the least experienced Speaker in more than a century.

At the time of Johnson’s accession, a lot of Americans likely had no idea who he was; actual Republican senator Susan Collins, for one, told a reporter she didn’t know Johnson but planned to remedy that by googling him. And if you weren’t familiar with Johnson, you might’ve assumed that that was maybe even a good thing—that he was just a quiet Republican who hadn’t gotten wrapped up in the insanity plaguing the GOP over the last seven or so years. He didn’t have the name recognition of, say, Jim Jordan or Matt Gaetz, but perhaps that simply spoke to the fact that he wasn’t leading a series of absurd hearings in an attempt to take down Joe Biden; or bragging about being so devoted to Donald Trump that he answered his phone calls during sex. Maybe, you might have thought, he wasn’t someone you’d have to constantly worry about re: undermining democracy or trying to take away people’s rights.

Unfortunately, that is not the case with Johnson, who may not have been well known prior to being given one of the most powerful jobs in government but is very much someone whose extremist views and actions should keep you up at night.

Herein, a running list of the absolute most WTF things the new Speaker has said and done on everything from the 2020 election to abortion to LGBTQ+ rights and more.

Abortion

Johnson is proudly antiabortion. When Roe v. Wade was overturned last year, he called it “a great, joyous occasion,” later writing, “We will get the number of abortions [in Louisiana] to ZERO!!” As an attorney for the Alliance Defense Fund, now known as the Alliance Defending Freedom, he worked on efforts to shut down abortion clinics in the state. In Congress, he cosponsored legislation that would have banned abortions at about six weeks of pregnancy, i.e., a time when many people do not even know they’re pregnant. He’s beloved by the antiabortion organization Susan B. Anthony Pro-Life America, which has given him an A+ rating. In 2015, he blamed school shootings on abortion, telling writer Irin Carmon, “When you break up the nuclear family, when you tell a generation of people that life has no value, no meaning, that it’s expendable, then you do wind up with school shooters.”

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In some real Handmaid’s Tale shit, he declared during a House hearing that if women were forced to have more children, a.k.a. “able-bodied” workers, there would be more funding for Social Security and Medicare:

On at least one occasion, he declared that doctors who perform abortions should be sentenced to “hard labor”:

Oh, and like many antiabortion zealots, Johnson doesn’t seem to like contraception either.

LGBTQ+ rights

Hoo boy, where to start? Here are some things that Johnson has said about LGBTQ+ people, same-sex marriage, and gay sex between consenting adults:

In his work as an attorney for the Alliance Defense Fund, Johnson also argued in court that same-sex couples should not receive domestic partnership benefits, and officially opposed the Supreme Court’s decision to decriminalize gay sex between consenting adults. In the Louisiana House of Representatives, he proposed a bill that critics say would have made it easier to discriminate against LGBTQ+ people. (In response, he claimed he was not a “bigot,” adding: “I know that I brought this bill for the right reason.”) Meanwhile, in Congress, he introduced a national bill seemingly modeled after Florida’s “Don’t Say Gay” law; voted against the 2022 bipartisan bill to codify gay marriage; and last year cosponsored a bill making it a crime to provide gender-affirming care to anyone under 18, despite the American Academy of Pediatrics backing such care.

“I would be hard-pressed to think of a worse member to be elected Speaker of the House,” Allen Morris, policy director for the National LGBTQ Task Force, told The 19th.

Separation of church and state

If you guessed that Johnson doesn’t believe in it, you guessed right. In April—as in, just a few months before he was elected Speaker—the congressman railed against what he referred to as the “so-called separation of church and state,” saying, “The founders wanted to protect the church from an encroaching state, not the other way around.”

In 2018, Johnson argued for prayer in public schools.

Evolution

In addition to blaming abortion for mass shootings, Johnson has also claimed that the teaching of evolution has played a part. In a 2016 sermon, he told the audience, “People say, ‘How can a young person go into their schoolhouse and open fire on their classmates?’ Because we’ve taught a whole generation—a couple generations now—of Americans, that there’s no right or wrong, that it’s about survival of the fittest, and [that] you evolve from the primordial slime. Why is that life of any sacred value? Because there’s nobody sacred to whom it’s owed. None of this should surprise us.”

In related news, a year prior, Johnson filed a lawsuit for an organization to receive tax subsidies to build a Noah’s Ark–focused theme park in Kentucky. “When the Ark Project sails, everybody will benefit,” he wrote in an op-ed, “even those who are stubbornly trying to sink it.” The Ark Encounter is operated by a fundamentalist Christian group that believes in creationism.

Climate

Where does Johnson, not exactly a man of science, land on global warming? Well, per The New York Times:

Representative Mike Johnson of Louisiana, the newly elected House Speaker, has questioned climate science, opposed clean energy, and received more campaign contributions from oil and gas companies than from any other industry last year. Even as other Republican lawmakers increasingly accept the overwhelming scientific consensus that human activity is dangerously heating the planet, the unanimous election of Mr. Johnson on Wednesday suggests that his views may not be out of step with the rest of his party.

A former constitutional lawyer, he does not sit on committees that decide the fate of major energy issues. But he has consistently voted against dozens of climate bills and amendments, opposing legislation that would require companies to disclose their risks from climate change and bills that would reduce leaks of methane, a potent greenhouse gas, from oil and gas wells. He has voted for measures that would cut funding to the Environmental Protection Agency.

In 2017, Johnson opined: “The climate is changing, but the question is, is it being caused by natural cycles over the span of the earth’s history? Or is it changing because we drive SUVs? I don’t believe in the latter. I don’t think that’s the primary driver.”

The 2020 election

By now you’ve likely heard that Johnson spent a significant amount of time and energy trying to overturn the 2020 election—an effort that included leading the amicus brief signed by more than 100 GOP lawmakers that asked the Supreme Court to overturn the 2020 election results in Georgia, Michigan, Wisconsin, and Pennsylvania. Johnson also objected to the certification of Biden’s win on January 6; his arguments for doing so were adopted by a significant number of Republicans, leading the Times to call him “the most important architect of the Electoral College objections.” One day prior, per Politico, he told colleagues, “This is a very weighty decision. All of us have prayed for God’s discernment. I know I’ve prayed for each of you individually,” before pressing them to oppose the Electoral College results. Oh, and he was a Dominion truther:

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This content can also be viewed on the site it originates from.

Where does Johnson stand on the 2020 election now? Before the floor vote, he refused to answer a reporter’s question about the matter, and after officially becoming Speaker, he did just the same:

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Not really the kind of endorsement you want these days

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Thank God the GOP is now free to get back to the important, not-at-all-made-up issues

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Elsewhere!

Could Mike Johnson, the New House Speaker, Undermine the 2024 Election?

NYT • Read More

North Carolina Republicans Approve House Map That Flips at Least Three Seats

NYT • Read More

Georgia’s congressional map violates Voting Rights Act, court finds

Politico • Read More

Donald Trump’s 2020 Cronies Appear to Be Ditching Him One by One

Vanity Fair • Read More

Democrats plot end run around Tuberville blockade of military promotions

The Washington Post • Read More

Blake Masters announces House bid in Arizona, forgoing another run for Senate

Politico • Read More

“Get the right cases to the Supreme Court”: inside Charles Koch’s network

The Guardian • Read More

CEO Morning Routines Are Bananas. So I Tried a Few.

WSJ • Read More

More Great Stories From Vanity Fair

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

Go on over to the Levin Report at the above link to get all the gory (perhaps an understatement) details on America’s Retrograde Speaker! 

MAGAMike often pretends as if the his interpretation of the Bible, not the Constitution or the Declaration of Independence, were our founding document. 

But, believe it or not, the founding fathers were actually “revolutionaries,” not “reactionaries,” who overthrew tradition to arrive at a different place. In the process they incorporated what in those days were some “enlightenment” ideals to replace “traditionalist” regressive principles like the “divine” right of kings and a purely hierarchical society where there was no escape from the status assigned at birth!

One can debate the exact religious beliefs of the founders. But, they certainly foresaw a non-static society, open to change, and tolerating more than one viewpoint. They weren’t theocrats, and they weren’t wedded to the view that society can’t change and evolve to adapt to new norms and practical realities.

One could read the teachings of Christ as promoting love, kindness, tolerance, forgiveness, perspective, and siding with society’s outcasts. MAGAMike and his zealots appear to have a quite different “take.” That’s their prerogative. But, they shouldn’t be allowed to impose their peculiar, wayward views on the rest of us.

Faced with his first national tragedy, and a chance to show some real guts, leadership, and humane, common-sense principles derived from Christianity, all the self-professed “Man of God” and “protector of the unborn” (but “rejector of the  born”) could muster was the same old trite “hearts and minds” garbage that flows from spineless GOP politicos. Compare MAGAMike with Rep. Jared Golden (D-ME) who apologized and changed his position to favor an assault weapons ban. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiJ35iN1puCAxVBk2oFHWs3CX8QvOMEKAB6BAgQEAE&url=https%3A%2F%2Fwww.washingtonpost.com%2Fpolitics%2F2023%2F10%2F26%2Fmaine-shooting-gun-control-laws%2F&usg=AOvVaw1NdJWXqX0pvd75g3dguKa_&opi=89978449.

Jesus would have valued assault weapons over human lives? Gimmie a break!

🇺🇸 Due Process Forever!

PWS

10-29-23

🏴‍☠️🤮 “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