TAL KOPAN AT CNN: Alarm Bells Ring As DACA Renewals Lag At Deadline! — Administration Refuses To Extend Deadline Despite Hurricanes & Inadequate Publicity! — Politico Reports That White House Racist Stephen Miller Planning To Torpedo Dreamer Relief — Immigration System & Country Facing Chaos!

http://www.cnn.com/2017/10/05/politics/daca-renewal-deadline-immigration/index.html

Tal reports:

“Washington (CNN)Democrats are raising alarms that more than a quarter of eligible recipients under the Deferred Action for Childhood Arrivals program have not yet filed to renew their status ahead of Thursday’s deadline.

According to data provided Wednesday by a senior Democratic congressional staffer and confirmed to CNN by US Citizenship and Immigration Services, 42,669 individuals nationwide — or 27.7% of the 154,234 people eligible — had not submitted their applications. That was slightly down from roughly 48,000 that the Department of Homeland Security said Tuesday hadn’t yet submitted.
When President Donald Trump announced the end of the program, known as DACA, a month ago, he put in place a six-month delay on expiring protections by allowing any recipient whose DACA expires by March 5 until Thursday to apply for a two-year renewal. Otherwise, the program that protects young undocumented immigrants brought to the US as children from deportation will begin to end on March 5, as the two-year permits of nearly 700,000 active protectees begin to run out.
Democrats have repeatedly implored DHS to extend the deadline, saying one month to gather paperwork — and the roughly $500 application fee — is not long enough for those affected.
Trump sketches out DACA deal with Republicans at White House dinner
They’ve been especially critical of DHS for not making special consideration for DACA recipients in states hit by hurricanes Irma and Harvey, though DHS did announce Tuesday it would make case-by-case decisions for recipients in Puerto Rico and the Virgin Islands affected by Maria.
The frustration bubbled up at a Senate hearing Tuesday, where Illinois Democratic Sen. Dick Durbin cited considerations the Internal Revenue Service was making for Texas, Louisiana and Florida residents.
“May I implore you, implore you, to do the same thing at DHS that our own Internal Revenue Service is doing,” Durbin said to the DHS officials testifying. “If it’s good enough for our tax collectors to have a heart, isn’t it good enough for DHS to have a heart?”
Senators’ frustration with Trump on DACA bubbles up at hearing
According to the Wednesday data, more than 2,600 of eligible recipients in Texas had yet to submit renewals, 28% of the total eligible in that state. In Florida, more than 2,000, or 35% of those eligible, had yet to renew. In the US islands hit by Irma, 16 of the 37 eligible hadn’t yet renewed.
Democrats have also been frustrated with DHS over its notification process, saying without individual notifications to those eligible for renewal, the administration should extend the deadline.
“We are very concerned that because DACA recipients were not individually notified of their eligibility for renewal, tens of thousands of DACA recipients could lose their work authorization and DACA status protections,” Congressional Hispanic Caucus leaders wrote in a letter to acting DHS Secretary Elaine Duke on Tuesday repeating a request to meet about extending the deadline.
Trump said he was putting in place the six-month window to give Congress a sense of urgency to put the Obama administration executive action into law.
But despite Tuesday’s hearing, multiple working groups and meetings the President has had with lawmakers at the White House, little substantive progress has been made.
The fault lines have remained consistent. Democrats support the bipartisan Dream Act that would protect eligible young immigrants who arrived as children and put them on a path to citizenship. They say they could accept border security as a compromise with it, but insist they will not vote for anything that could put the families and friends of those protected at greater risk of deportation.
DACA deal: A list of just some of the things that could go wrong
But Republicans are also insistent that any DACA deal must include border security and likely immigration enforcement measures, and the more conservative members of the party are suggesting policies — like mandatory worker verification, cuts to the legal immigration system and expanded deportation authority — that would be almost impossible to get Democrats to agree to.
Any solution would likely have to include Democrats, as they’ll be needed for passage in the Senate and to make up for Republicans in the House who would never vote for any DACA deal. But House Speaker Paul Ryan has also pledged not to move any bill that doesn’t get the votes of a majority of Republicans, limiting the options.
Durbin was joined on Tuesday at the hearing by Sen. Thom Tillis, R-North Carolina, in urging lawmakers and the White House to not try to concoct too big a compromise. Tillis has sponsored legislation similar to Durbin’s Dream Act that he bills as a conservative DACA solution.
Responding to a wish list articulated by a DHS senior staff member testifying about the White House’s aims, Tillis grew frustrated and urged members to focus on a narrow deal as a starting point.
“It reads like a laundry list for comprehensive immigration reform, and if Congress has proven an extraordinary ability to do anything, it’s to fail at comprehensive immigration reform,” Tillis said.”

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

Bad news on all fronts for Dreamers, and for America.  Over at the White House, notorious White Nationalist xenophobe racist and Sessions confidante Stephen Miller is plotting to destroy any chance of compromise legislation to aid Dreamers by attaching reductions in legal Immigraton and other parts of the White Nationalist agenda to the bill.

Politico reports:

“The White House is finalizing a plan to demand hard-line immigration reforms in exchange for supporting a fix on the DACA program, according to three people familiar with the talks — an approach that risks alienating Democrats and even many Republicans, potentially tanking any deal.

The White House proposal is being crafted by Stephen Miller, the administration’s top immigration adviser, and includes cutting legal immigration by half over the next decade, an idea that’s already been panned by lawmakers in both parties.

 

The principles would likely be a political non-starter for Democrats and infuriate Senate Minority Leader Chuck Schumer and House Minority Leader Nancy Pelosi, who have negotiated with President Donald Trump on immigration and left a White House meeting last month indicating a solution was near. They could also divide Republicans, many of whom oppose cutting legal immigration.

Miller was upset after Trump’s dinner last month with Schumer and Pelosi and has been working since to bring the president back to the tougher stance he took during his campaign.

Miller has begun talking with Hill aides and White House officials about the principles in recent days. The administration is expected to send its immigration wish-list to Congress in the coming days, perhaps as soon as this weekend, said the people familiar with the plan, who include two administration officials. They requested anonymity to discuss the ongoing negotiations.

A White House official cautioned that the plans have not been finalized and could still change. Miller didn’t respond to a request for comment.

Unless they change dramatically from their current form, the immigration principles could short-circuit congressional negotiations aimed at finding a fix to DACA, or the Deferred Action for Childhood Arrivals program — the Obama-era initiative that grants work permits to undocumented immigrants who arrived in the United States as minors.

“Handing Stephen Miller the pen on any DACA deal after the revolt from their base is the quickest way to blow it up,” said a senior Democratic Senate aide.

Lawmakers on both sides of the Capitol panned an earlier White House immigration proposal spearheaded by Miller, the RAISE Act, when the White House rolled it out in August. Republicans including Sens. Lindsey Graham of South Carolina and Ron Johnson .)of Wisconsin all but declared the proposal dead on arrival.

Trump announced last month that he would end the DACA program, but he said he’d give Congress six months to come up with a legislative solution.

Despite Trump’s efforts to make nice with Schumer and Pelosi, Republican lawmakers signaled this week that the president is prepared to demand tough immigration measures as part of the negotiations.

In addition to provisions in the RAISE Act, the White House’s immigration principles also include parts of the Davis-Oliver Act, including measures that would give state and local law enforcement power to enforce immigration laws, allow states to write their own immigration laws and expand criminal penalties for entering the U.S. illegally.

The principles would also incorporate a provision from the Davis-Oliver Act that puts the onus on Congress to designate Temporary Protected Status, which allows immigrants to temporarily stay in the United States because they are unable to return to their home country as a result of a natural disaster or other dangerous circumstances.

The Davis-Oliver Act gives Congress 90 days to approve a measure extending TPS protections to a foreign state. If Congress does not act, the designation will be terminated. Lawmakers have raised concerns that Congress will be unable to agree on the designations, effectively killing the program.

In addition, the principles call for billions of dollars in border security, as well as money for detention beds and more immigration judges, according to the people familiar with them. Republicans are likely to support those moves.”

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

Miller’s proposals are right out of the White Nationalist restrictionist playbook. It will be a non-starter for Democrats. Additionally, no decent human being of any party should ever be associated, in any way, with any idea emanating from the arrogant racist Miller.

If Miller is involved, Dreamer relief is DOA. That means that Dreamers are likely to be left to fight out their future one case at a time in the Federal Courts and in the Immigraton Courts. Given the existing 630,000+ case backlog in the U.S. Imigration Courts, and the relatively cumbersome process for restoring “Dreamer” cases to the Immigraton Court Docket, not many will actually be removed from the United States before 2000.

I also think that Dreamers will have a reasonable chance of succeeding in the Article III Courts in barring DHS from relying on any evidence furnished as part of the DACA application and interview process as evidence of removability. That’s likely to throw a further monkey wrench into any enforcement initiative aimed at Dreamers.

So, the best strategy might prove to be working hard to remove the Trump regime and enough White Nationalist GOPers through the ballot box to create a climate for reasonable immigraton reform in 2021.

Sad, but probably true. A country that mistreats its youth in this manner can expect “very bad things” to happen in the future.

PWS

10-05-17

 

GONZO’S WORLD: HOMOPHOBIC AG ATTACKS LGBTQ COMMUNITY WITH BOGUS LEGAL MEMO STRIPPING TRANSGENDER INDIVIDUALS OF CIVIL RIGHTS PROTECTIONS!

https://www.buzzfeed.com/dominicholden/jeff-sessions-just-reversed-a-policy-that-protects

Dominic Holden reports for BuzzFeed News:

“US Attorney General Jeff Sessions has reversed a federal government policy that said transgender workers were protected from discrimination under a 1964 civil rights law, according to a memo on Wednesday sent to agency heads and US attorneys.

Sessions’ directive, obtained by BuzzFeed News, says, “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.”

It adds that the government will take this position in pending and future matters, which could have far-reaching implications across the federal government and may result in the Justice Department fighting against transgender workers in court.

“Although federal law, including Title VII, provides various protections to transgender individuals, Title VII does not prohibit discrimination based on gender identity per se,” Sessions writes. “This is a conclusion of law, not policy. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.”

But Sharon McGowan, a former lawyer in the Justice Department’s Civil Rights Division and now an attorney for the LGBT group Lambda Legal, countered that Sessions’ is ignoring a widespread trend in federal courts.

“It’s ironic for them to say this is law, and not policy,” McGowan told BuzzFeed News. “The memo is devoid of discussion of the way case law has been developing in this area for the last few years. It demonstrates that this memo is not actually a reflection of the law as it is — it’s a reflection of what the DOJ wishes the law were.”

“The sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasnt’ happened,” she added. “The Justice Department is actually getting back in the business of making anti-transgender law in court.”

“The Justice Department is actually getting back in the business of making anti-transgender law in court.”
The memo reflects the Justice Department’s aggression toward LGBT rights under President Trump and Sessions, who reversed an Obama-era policy that protects transgender students after a few weeks in office. Last month, Sessions filed a brief at the Supreme Court in favor of a Christian baker who refused a wedding cake to a gay couple. And last week, the department argued in court that Title VII doesn’t protect a gay worker from discrimination, showing that Sessions will take his view on Title VII into private employment disputes.

At issue in the latest policy is how broadly the government interprets Title VII of the Civil Rights Act of 1964, which does not address LGBT rights directly. Rather, it prohibits discrimination on the basis of sex.

But the Equal Employment Opportunity Commission, an independent agency that enforces civil rights law in the workplace, and a growing body of federal court decisions have found sex discrimination does include discrimination on the basis of gender identity and sex stereotyping — and that Title VII therefore bans anti-transgender discrimination as well.

Embracing that trend, former attorney general Eric Holder under President Obama announced the Justice Department would take that position as well, issuing a memo in 2014 that said, “I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status. The most straightforward reading of Title VII is that discrimination ‘because of … sex’ includes discrimination because an employee’s gender identification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex.”

But Sessions said in his latest policy that he “withdraws the December 15, 2014, memorandum,” and adds his narrower view that the law only covers discrimination between “men and women.”

“The Department of Justice will take that position in all pending and future matters (except where controlling lower-court precedent dictates otherwise, in which event the issue should be preserved for potential future review),” Sessions writes.

Sessions adds: “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals. Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections.”

Devin O’Malley, a spokesperson for the Justice Department, explained the decision to issue the memo, telling BuzzFeed News, “The Department of Justice cannot expand the law beyond what Congress has provided. Unfortunately, the last administration abandoned that fundamental principle, which necessitated today’s action. This Department remains committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws that Congress has enacted that prohibit discrimination on the basis of sexual orientation.”

McGowan, from Lambda Legal, counters, “The memo is so weak that analysis is so thin, that it will courts will recognize it for what it is — a raw political document and not sound legal analysis that should be given any weight by them.”

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

Virulent homophobia has always been a key element of the “Gonzo Apocalypto Agenda.” Check out this report from Mark Joseph Stern at Slate about how when serving as Alabama’s Attorney General Gonzo attempted to use an Alabama statute that had been ruled unconstitutional by a Federal Judge to both publicly demean LGBTQ students and stomp on their First Amendment rights. (So much for the disingenuous BS speech that Gonzo delivered on Free Speech at Georgetown Law last week.)  Here’s what happened:

“Attorney General Jeff Sessions delivered a speech at Georgetown University Law Center in which he argued that “freedom of thought and speech on the American campus are under attack.” As my colleague Dahlia Lithwick explained, the attorney general said this in “a room full of prescreened students who asked him prescreened questions while political demonstrators outside were penned off in ‘free speech zones.’ ” Ensconced in a safe space of his own, Sessions blasted the notion that speech can be “hurtful,” criticizing administrators and students for their “crackdown” on “speech they may have disagreed with.”

Mark Joseph Stern
MARK JOSEPH STERN
Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Sessions’ hypocrisy on speech issues is not a new development. In 1996, the then–attorney general of Alabama used the full power of his office to try to shut down an LGBTQ conference at the University of Alabama. Sessions took his battle to court, asking a federal judge to let him block the conference altogether—or, at the very least, silence students who wished to discuss LGBTQ issues. He ultimately failed, but his campaign reveals a great deal about his highly selective view of free expression. Sessions claims to support freedom for “offensive” speech, but when speech offends him, he is all too happy to play the censor.

When Sessions served as Alabama attorney general, the state still criminalized sodomy. A 1992 law, Alabama Education Code Section 16-1-28, also barred public universities from funding, recognizing, or supporting any group “that fosters or promotes a lifestyle or actions prohibited by” the sodomy statute, either “directly or indirectly.” The law also forbade schools from allowing such organizations to use public facilities. Sessions’ predecessor, Jimmy Evans, had interpreted the statute to effectively outlaw the discussion or promotion of gay rights on public campuses, with that prohibition even extending to AIDS awareness campaigns.

In 1995, the University of South Alabama’s Gay Lesbian Bisexual Alliance sued in federal court to block Section 16-1-28. That summer, the U.S. Supreme Court had ruled that, under the First Amendment, public universities may not deny access to facilities or funding for student organizations on the basis of their viewpoints. This decision, the GLBA asserted, rendered Section 16-1-28 unconstitutional. U.S. District Judge Myron H. Thompson agreed, holding the law to be invalid in a January 1996 ruling.

This decision was excellent news for the Gay Lesbian Bisexual Alliance at the University of Alabama at Tuscaloosa. The GLBA had planned to host the Fifth Annual Lesbian, Gay, and Bisexual College Conference of the Southeastern United States in February 1996. Sessions, by now attorney general, was trying his hardest to shut it down.

“University officials say they’re going to try to obey the law,” Sessions said at the time, as CNN’s Andrew Kaczynski reported in December of last year. “I don’t see how it can be done without canceling this conference. I remain hopeful that if the administration does not act, the board of trustees will.” Sessions didn’t give up even after Judge Thompson struck down the law. “I intend to do everything I can to stop that conference,” he said.

In a last-ditch effort, Sessions returned to Thompson’s court and asked permission to ban the conference. “The State of Alabama,” he explained in court filings, “will experience irreparable harm by funding a conference and activities in violation of state law.” Failing a total ban, Sessions implored Thompson to let him censor any discussion of “safe sex and the prevention of sexually transmitted diseases.” Sessions claimed that, by talking about LGBTQ issues, conference attendees were essentially conspiring to promote criminal activity, and Alabama should not be obligated to support their criminality. Predictably, Thompson rejected Sessions’ arguments, writing that the attorney general was endeavoring to violate students’ free speech rights. Sessions then appealed to the 11th U.S. Circuit Court of Appeals, which unanimously ruled against Alabama. The conference went on as planned.

Cathy Lopez Wessell, a lead organizer and spokeswoman for the conference, told me Sessions’ intervention “was incredibly stressful. We got threatening phone calls. We were attacked from all sides.” She continued, “We were the abomination of the month. I didn’t feel safe in the world for a while. I started to internalize some of the judgment leveled at our group. I thought, there must be something deeply wrong with you if you need to be silenced.”

Lopez Wessell explained that Sessions’ campaign against the conference registered as a broader attack on LGBTQ students.

“If we can’t talk, do we have a right to exist?” Lopez Wessell asked. “If our speech is so dangerous that it needs to be stopped, then are we dangerous? We weren’t promoting any particular activity; we just wanted to talk—about our experiences, about our existence.”

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

Denying the humanity as well as the human rights of those he is biased against is a staple of the Gonzo Apocalypto agenda. Just look at his constant attempts to tie all members of the Hispanic ethnic community to crime, drugs, and gangs (even though all credible studies show that immigrants or all types have markedly lower crime rates than native-born U.S. citizens) and his false and gratuitous attempts to tie “Dreamers” to crime, terrorism, and loss of jobs!

There is no more certain way of knowing that a DOJ “legal” memo is all policy and no law than the statement: “This is a conclusion of law, not policy.“ In other words, “Don’t you dare accuse me of doing what I’m actually doing!”

Since assuming the office of Attorney General for which he is so spectacularly unqualified, here’s a list of the folks whose rights or humanity Sessions has attacked or disparaged:

Hispanics

African Americans

LGBTQ Individuals

Dreamers

Immigrants

Refugees

Asylum Seekers

Poor People

Undocumented Migrants

Women

Muslims

Civil Rights Protesters

Black Athletes

City Officials Seeking To Foster Community Law Enforcement

Prisoners

Immigration Detainees

Forensic Scientists

State Governors Who Disagree With Him

Federal Judges Who Find Trump Policies Illegal

State & Federal Judges Who Object To Migrants Being Arrested At Their Courts

Convicts

Liberal Students & College Administrators

Anti-Facists

Anti-Hate-Group Activists

Reporters

Unaccompanied Migrant Children

President Obama

Whistleblowers (a/k/a “Leakers” in “Gonzopeak”)

DOJ Career Attorneys

I’m sure I’ve left a few out.  Feel free to send me additions. The list just keeps getting longer all the time.

The only group that appears to be “A-OK” with Gonzo is “White straight Christian male Republican ultra rightists.”

Liz was right!

PWS

10-05-17

 

 

 

 

 

THE INTERCEPT: “Internal Emails Show ICE Agents Struggling to Substantiate Trump’s Lies About Immigrants”

https://theintercept.com/2017/10/04/ice-raids-trump-immigration-deportation/

Alice Speri reports:

“AS HUNDREDS OF undocumented immigrants were rounded up across the country last February in the first mass raids of the Trump administration, Immigration and Customs Enforcement officials went out of their way to portray the people they detained as hardened criminals, instructing field offices to highlight the worst cases for the media and attempting to distract attention from the dozens of individuals who were apprehended despite having no criminal background at all.

On February 10, as the raids kicked off, an ICE executive in Washington sent an “URGENT” directive to the agency’s chiefs of staff around the country. “Please put together a white paper covering the three most egregious cases,” for each location, the acting chief of staff of ICE’s Enforcement and Removal Operations wrote in the email. “If a location has only one egregious case — then include an extra egregious case from another city.”

The email indicated the assignment was due that night, but a day later, an agent at ICE’s San Antonio office sent an internal email saying the team had come up short. “I have been pinged by HQ this morning indicating that we failed at this tasking,” the agent wrote.

As the hours passed, the pressure on local agents to come up with something grew more intense. “As soon as you come in, your sole focus today will be compiling three egregious case write-ups,” an assistant field office director at the agency’s Austin Resident Office wrote to that team on February 12, noting that the national and San Antonio offices were growing impatient. “HQ and SNA will ping us in the afternoon for sure.”

Then the agent added that a team of officers had “just picked up a criminal a few minutes ago, so get with him for your first egregious case.”

. . . .

There is no question that there are lives at stake.

While Austin’s comments on the retaliatory nature of the Travis County raids drew fleeting attention to the politicization of federal enforcement operations, Coronilla-Guerrero, the man whose case was under review that day, was eventually deported, despite his wife telling the judge that his life would be at risk in Mexico, from where he had fled because of gang threats.

Last month, armed men dragged Coronilla-Guerrero out of the relatives’ home where he had been staying in the state of Guanajuato, while he was asleep with one of his children. His body was found on the street the next morning.“

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

Read the complete article, with copies of internal memos, at the link.

Hardly surprising that the Administration’s “Migrant Menace” narrative is bogus. Also, not surprising that under Trump agents are being required to basically fabricate support for the false narratives. Someday, probably long after I’m gone, all the records of this Administration will become public. I predict that they will show that the fraud, waste, and abuse documented here is just the “tip of the iceberg” of monumental dishonesty of this Administration on the subject of immigration.

I wouldn’t be at all surprised if the recent DOJ/EOIR  claims that statistics support the effectiveness of the “Judge Surge” involves this type of manipulation of evidence to document a pre-determined conclusion demanded  by Trump Politicos and intended to disguise the truth.

PWS

10-04-17

 

DUE PROCESS IN ACTION: WHAT HAPPENS WHEN AN INDEPENDENT ARTICLE III COURT ACTS TO ENFORCE CONSTITUTIONAL RIGHTS BEING IGNORED BY DHS & DOJ: Here’s One Family’s “Human Story” About How the 9th Circuit’s Decision In Jennings v. Rodriguez Saved Them (And Also Us)! — Bond Hearings Can Mean EVERYTHING To A Detained Immigrant & Family!

http://lawprofessors.typepad.com/immigration/2017/10/how-a-bond-hearing-saved-me-from-deportation-by-mark-hwang.html

From ImmigrationProf Blog:

The ACLU blog has an interesting post on Jennings v. Rodriguez, the immigrant detention case argued in the Supreme Court today.

How A Bond Hearing Saved Me From Deportation By Mark Hwang

Today the Supreme Court will hear Jennings v. Rodriguez, a case that will decide the fate of thousands of men and women locked up in immigration prisons across the country. The federal government is challenging a 2015 Ninth Circuit ruling, in which the American Civil Liberties Union secured the right to a bond hearing for people in deportation proceedings after six months of detention.

Bond hearings allow people to go before a judge so that he or she can decide if imprisonment is necessary, weighing factors like public safety and flight risk. It’s basic due process. Bond hearings are a vital check on our country’s rapidly-expanding immigration system. I’ve seen their power firsthand, because not too long ago, I was one of the people locked up.

In February 2013, I was driving with my one-year-old son when we were stopped by an immigration officer. He said that I hadn’t used my turn signal when changing lanes and asked to see my identification. When he came back to the car, he asked if I had ever been convicted of a crime.

I answered truthfully. More than a decade ago, when I was in my early 20s, I was convicted of marijuana possession with intent to sell. I had served a short sentence and had remained out of trouble since. Still the officers said that I needed to go with them and that I would have to explain “my situation” to a judge. I was shackled and put in the back of the car while one of the officers got into my car to drive my son home.

I thought there had to be some kind of mistake. Around two weeks earlier, my wife Sarah had given birth to our identical twin daughters. My life at the time was full, growing, and completely rooted in the United States.

When I was booked into custody, an officer told me that my drug conviction meant that my detention was “mandatory.” Nobody had ever told me that pleading guilty on a drug charge could have implications for my immigration status. I petitioned a court to vacate the marijuana conviction, but because I was locked up, I couldn’t appear at the hearing. The request was denied and I had no idea for how long I would be locked up, leaving my wife to run our business and care for our children alone. When my family came to visit me in detention, I wasn’t allowed any physical contact, so I couldn’t hold my newborn daughters or my son.

I was at a breaking point, and nearly ready to sign deportation papers when – after being locked up for six months — I finally received a bond hearing as result of the court decision in Jennings. I was granted bond and released, allowing me to return to my family. With the help of an attorney, I was able to vacate my marijuana conviction because I had never been apprised of the immigration consequences to pleading guilty. As a result, ICE no longer had a reason to try to deport me.

Before Jennings, people fighting deportation could be detained indefinitely while they defend their rights to remain in the United States. This includes lawful permanent residents like me; asylum seekers and survivors of torture; the parents of young children who are citizens; and even citizens who are wrongly classified as immigrants. Many go on to win their deportation cases, which means their detention was completely unnecessary.

Even worse, a lot of people simply give up their cases because they can’t endure the hardship of being locked up. Detention almost broke me and I could have lost my life in the only country I’ve known since I was six years old. Instead, I’m here to share my story. Through this experience, I found my faith and am now deeply involved in my church and community. My son is six years old and my twins are five. My wife and I still run our business and I thank her all the time for being a pillar of strength while I was locked up. I hope the justices make the right choice — it can make all the difference.

KJ

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

We’re in “Catch 22” territory here! This respondent was locked up by DHS in “mandatory detention” because he was wrongfully convicted in state court. But, he couldn’t successfully challenge his state court conviction because he was locked up by DHS. Once he got a bond hearing, after six months, he was released, his conviction was vacated, and he and his family could go back to living their lives and being productive Americans. 

But, without the intervention of the 9th Circuit in Jennings, this individual likely would have been coerced into “voluntarily” relinquishing his Constitutional rights and accepting removal to a country where he hadn’t been since he was six years old. I can guarantee you that in jurisdictions where the Article III Courts have not intervened in a manner similar to Jennings, individuals are coerced into abandoning their Constitutional rights and foregoing potentially winning Immigration Court cases on a daily basis.

And, just think of the absurd waste of taxpayer money in detaining this harmless individual for months and forcing the legal system to intervene, rather than having both Congress and the DHS use some common sense and human decency. Few Americans fully contemplate just how broken our current immigration system is, and how we are trashing our Constitution with inane statutes enacted by Congress and poor judgment by the officials charged with administering them.

Easy to “blow off” until it’s you, a relative, or a friend whose Constitutional rights are being mocked and life ruined. But, by then, it will be too late! Stand up for Due Process and human decency now!

PWS

10

DEAN KEVIN JOHNSON SUMMARIZES ORAL ARGUMENT IN JENNINGS V. RODRIGUEZ FOR SCOTUS BLOG – Is There Some Hope For Constitutional Limits On “Gonzo” Immigration Enforcement & Mindless Imprisonment? — It’s A Nice Thought, But Too Early To Tell!

http://www.scotusblog.com/2017/10/argument-analysis-justices-seem-primed-find-constitutional-limits-detention-immigrants/

Dean Johnson writes:

Kevin Johnson Immigration

Posted Wed, October 4th, 2017 12:44 pm

“Argument analysis: Justices seem primed to find constitutional limits on the detention of immigrants

Yesterday, the Supreme Court heard reargument in Jennings v. Rodriguez, a class-action constitutional challenge to a variety of provisions of the immigration laws allowing for immigrant detention. After the oral argument last term, the court asked for further briefing on the constitutionality of the detention of immigrants. With the Trump administration promising to increase the use of detention as a form of immigration enforcement, the case has taken on increasing practical significance since the court first decided to review the case in June of 2016.

As discussed in my preview of the argument, two Supreme Court cases at the dawn of the new millennium offered contrasting approaches to the review of decisions of the U.S. government to detain immigrants. In 2001, in Zadvydas v. Davis, the Supreme Court interpreted an immigration statute to require judicial review of a detention decision because “to permit[] indefinite detention of an alien would cause a serious constitutional problem.” Just two years later, the court in Demore v. Kim invoked the “plenary power” doctrine – something exceptional to immigration law and inconsistent with modern constitutional law – to immunize from review a provision of the immigration statute requiring detention of immigrants awaiting removal based on a crime.

During the oral argument last term, the justices focused on two very different aspects of the case. On the one hand, as even the government seemed to concede, indefinite detention without a hearing is difficult to justify as a matter of constitutional law. At the same time, however, some justices worried that the U.S. Court of Appeals for the 9th Circuit had acted more like a legislature than a court in fashioning an injunction requiring bond hearings every six months. The reargument yesterday focused on similar questions, although several justices expressed alarm at the U.S. government’s claim that indefinite detention of immigrants is constitutional.

Deputy Solicitor General Malcom Stewart began for the United States by “stress[ing] the breadth of Congress’s constitutional authority to establish the rules under which aliens will be allowed to enter and remain in the United States.” Focusing first on noncitizens seeking to enter the U.S., he characterized the respondents’ claim as seeking “a constitutional right to be released into this country” during the pendency of their removal proceedings.

Justice Ruth Bader Ginsburg quickly took a poke at the government’s case, noting that someone with a credible fear of persecution who is applying for asylum might be able to gain parole into the United States. Justice Sonia Sotomayor got to the crux of the case in short order: “[W]hat other area of law have we permitted a government agent on his or her own, without a neutral party looking at that decision, to detain someone indefinitely?”

Stewart had no response except to say, paraphrasing language in the Cold War case United States ex rel. Knauff v. Shaughnessy, that for “aliens arriving at our shores … , whatever Congress chooses to give is due process.” Sotomayor’s incredulous response was blunt: “[T]hat’s lawlessness.”

Rejecting Stewart’s claim that the only alternatives for arriving immigrants are detention or release, Ginsburg pointed out that “there is something in between,” and that monitoring devices could be used to keep track of an immigrant released on bond. In response, Stewart invoked Demore v. Kim, and said that due process does not require Congress to use the least restrictive means with respect to detention of immigrants.

Justice Stephen Breyer kept Stewart on the ropes by pointing out the oddity of not giving bond hearings to noncitizens when they are given to “triple ax murderers.” Justice Elena Kagan seemed to agree that the detention statute should be read to permit a hearing and possible release.

Stewart then returned to defending the plenary-power doctrine and its Constitution-free-zone for noncitizens seeking admission into the United States. In response to a question from Kagan, he admitted that his argument was premised on the claim that people at the border “have no constitutional rights at all.” Armed with hypotheticals like the former law professor she is, Kagan asked whether the government could torture arriving immigrants or subject them to forced labor. Stewart agreed that such treatment would be unconstitutional, but then had a hard time explaining why indefinite detention does not also violate the Constitution.

After getting Stewart to agree that “detention violates due process, if there is an unreasonable delay in that detention,” Justice Anthony Kennedy asked whether a six-month rule for a hearing, which the 9th Circuit had adopted, might be appropriate. Along similar lines, Kagan suggested that, for immigrants with ties to the country, years in detention would be problematic. Stewart persisted in his position that years of detention without a bond hearing would be permissible. Kennedy seemed troubled by the apparent inconsistency between Stewart’s admission that unreasonably prolonged detention could violate due process and his insistence that arriving immigrants lack constitutional rights.

A former Supreme Court advocate, Chief Justice John Roberts asked Stewart pointedly about a statement in the government’s supplemental reply brief that 14 months without a hearing would cause constitutional problems, noting that it “sounds close to a concession.”

Justice Samuel Alito inquired about the appropriate remedy if there was a constitutional violation, suggesting that rather than adopting a bright-line rule, the court could employ a multi-factored approach like that used in assessing constitutional speedy-trial claims.

Next up was Ahilan Arulanantham of the American Civil Liberties Union of Southern California, who argued the case for the class of immigrants. He stated at the outset that there are limits on the government’s power to detain immigrants, which he said were based in longstanding case law. Ginsburg quickly asked about the 9th Circuit’s requirement of a bond hearing every six months, noting that criminal defendants receive an initial bail hearing, with no more required under the Constitution.

Kagan seemed to read Demore v. Kim as allowing for detention, but only for a matter of months. Arulanantham explained that the length of detention of the class members was much longer, in part because, unlike the detainee in Demore, they are opposing their removals and seek to remain in the United States. He emphasized that a significant component of the class was seeking cancellation of removal, which allows successful applicants to remain as lawful permanent residents.

Justice Neil Gorsuch raised some jurisdictional questions based on provisions of the immigration statute (8 U.S.C. §§ 1252(b)(9), (f)(1)) that limit the courts’ jurisdiction in immigration cases. Arulanantham said that the government concedes that Section (b)(9), which allows for review of a final removal order, does not apply to detention claims, and that the government had waived any jurisdictional objection based on Section (f)(1). Gorsuch seemed satisfied with these explanations.

Returning to Ginsburg’s earlier question about the 9th Circuit’s requirement that a bond hearing be conducted every six months, Arulanantham defended the rule, noting that “this Court has never authorized detention without a hearing before a neutral decision-maker, outside of national security, beyond six months.” Alito pushed back, asking, “Where does it say six months in the Constitution? Why is it six? Why isn’t it seven? Why isn’t it five? Why isn’t it eight?”

Roberts acknowledged that the constitutional concerns increase with the length of a detention, but still asked Arulanatham to justify that specific time limit. Arulanantham responded by citing government statistics showing that 90 percent of all detention cases under mandatory detention finish in less than six months. Roberts wondered whether habeas or other relief might be a possibility. Returning to this question later, Arulanantham offered statistics showing that final adjudication of a habeas petition takes 19 months in the U.S. Court of Appeals for the 11th Circuit and 14 months in the U.S. Court of Appeals for the 3rd Circuit.

Roberts also suggested that some of the immigrants were in detention for lengthier periods because they were preparing their cases. Pushing back, Arulanantham said in effect that an immigrant should not be penalized for seeking relief. He emphasized that the fact that an immigrant is pursuing relief does not make the person a flight risk.

Alito asked why an immediate bond hearing, as is the rule in criminal cases, was not required. Arulanantham noted that the Supreme Court had rejected that possibility in Demore. Late in the argument, Gorsuch asked about a possible remand to the 9th Circuit to decide first on constitutionality. Arulanantham admitted that could be a possibility but asked what would be gained.

As the reargument made clear, this case raises some fascinating constitutional questions, which now are squarely before the court. The justices seemed primed to find constitutional limits on the detention of immigrants. They seemed less troubled than they had been in the first argument by the six-month period for bond hearings established by the 9th Circuit, with the discussion about the reasonableness of the six-month period seeming to assuage their concerns.

Ultimately, this case offers the Supreme Court the opportunity to address the modern vitality of the plenary-power doctrine and finally decide whether, and if so how, the Constitution applies to arriving aliens. We will likely have to wait a few months longer to find out how the justices resolve that issue, which has significant implications in the immigration-law arena.

Posted in Jennings v. Rodriguez, Featured, Merits Cases

Recommended Citation: Kevin Johnson, Argument analysis: Justices seem primed to find constitutional limits on the detention of immigrants, SCOTUSblog (Oct. 4, 2017, 12:44 PM), http://www.scotusblog.com/2017/10/argument-analysis-justices-seem-primed-find-constitutional-limits-detention-immigrants/”

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

We can only hope. As I’ve pointed out before, coercive detention and the building of the “American Gulag” are key parts of the Trump-Sessions-DHS “Gonzo” Immigration Enforcement Plan. I still don’t think the Supremes fully understand just how inhumane and coercive immigration detention is and how it’s used to “squeeze” the life out of a detainee’s due process rights. And, it starts with making it difficult or impossible to get a lawyer of your own choosing. You actually have to see what happens in a DHS Detention Center (many of them private, for profit enterprises, looking to minimize care, maximize profits, and keep the beds filled) to fully grasp what a mockery the detention process and the location of “Detained Courts” in Detention Centers or in far-distant Televideo Courtrooms makes of our system of justice, the U.S. Immigration Courts, and our promise of Constitutional rights.

PWS

10-04-17

BREAKING: TAL KOPAN AT CNN: REBUTTAL — DOJ/EOIR CLAIM (WITHOUT MANY SPECIFICS) THAT “SURGE’ OF DETAILED JUDGES TO S. BORDER INCREASED OVERALL PRODUCTIVITY BY 2,700!

http://www.cnn.com/2017/10/04/politics/immigration-courts-judges/index.html

Tal reports:

“Washington (CNN)Sending immigration judges to the border has resulted in thousands of more cases being handled, the Justice Department announced Wednesday, though a substantial backlog in the immigration courts remain.

The Justice Department released new statistics on Wednesday touting the effects of reassigning more than 100 immigration judges to the southern border, saying it has resulted in 2,700 more cases being completed than would have otherwise.
The Executive Office for Immigration Review, which manages the Justice Department’s immigration court system, estimated that the judges moved to the border completed significantly more cases than if they had remained at home, and completed 21% more cases than judges historically assigned to those areas as their home courts.
Still, the 2,700-case-increase remains a drop in the bucket compared to the backlog in the immigration courts, which are separate from the broader criminal justice and civil law system and have different rules.
According to data from Syracuse University’s TRAC system, the authority for tracking the backlog, there were more than 630,000 cases pending for fiscal year 2017 through the end of August, with more than 100,000 each in Texas and California.
The backlog of pending cases is a major contributor to issues with immigration enforcement and illegal immigration. When undocumented immigrants are caught and processed to have their cases adjudicated, they can receive court dates years in the future. Unable for legal and resource reasons to detain people indefinitely, the government paroles many of those individuals until their court dates, leaving them to establish lives in the US for years before potentially being ordered to be deported.
DOJ released the statistics on the heels of an investigation by Politico Magazine that found some reassigned judges with unfilled dockets and little to do. Citing internal DOJ documents obtained by a Freedom of Information Act request as well as judge interviews, Politico Magazine reported underworked judges and 22,000 postponed cases in their home courts.
Wednesday’s announcement seemed to rebut that report, citing progress the Justice Department had seen made.
“EOIR is pleased with the results of the surge of immigration judges to detention facilities and the potential impact it has on the pending caseload nationwide,” said acting Director James McHenry in a statement. “The Justice Department will continue to identify ways in which it can further improve immigration judge productivity without compromising due process.”
President Donald Trump’s executive orders have called for dealing with the bottlenecked immigration courts, including by reassigning judges and hiring more judges and attorneys. His administration is also looking at whether technology, such as video conferencing, can help.”
 ***********************************************************
Without actually seeing the raw data, which apparently has not yet been released to the public, it’s hard to assess the accuracy of the DOJ/EOIR “victory dance.” So far, all of these “improvements” do not seem to have resulted in a decrease in overall Immigration Court backlogs. And, the “technology'” of video conferencing, cited by Director McHenry,  is hardly “new” even at EOIR. For example, the Arlington Immigration Court has been doing all detained cases by televideo since approximately 2004. So, it’s difficult to see how “televideo technology” is going to make a material dent in the administrative problems facing the Immigration Courts. But, we’ll see. If nothing else, seems that the reports on ADR and details “got the attention” of the folks at DOJ and Falls Church.
And, even assuming that these stats eventually support EOIR’s claim, it still neither explains nor justifies detailing Immigration Judges to locations where they were not fully occupied at a time when the backlog was building.
Stay tuned!
PWS
10–04-17

 

NBC4 NY: FRAUD, WASTE, & ABUSE AT USDOJ — “ADR” EXPOSED! — TRUMP ADMINISTRATION KNOWINGLY RAN UP U.S. IMMIGRATION COURT BACKLOGS WITH UNNEEDED REASSIGNMENT OF IMMIGRATION JUDGES TO S. BORDER — DOJ Politicos Caused 276% Jump In NY Court Adjournments! — Then, DOJ Tried To Cast False Blame On Immigration Attorneys, Judges, & Obama Administration For Wasteful Adjournments That Sessions’s Politicos Had ORDERED — More Of My Interview With NBC Investigative Reporter Jodie Fleischer As Nationwide Expose Widens! — Stop The Abuse Of Due Process & Public Purse For Political Ends! — America Needs An Independent U.S. Immigration Court NOW!

Here’s the TV clip:

http://www.nbcnewyork.com/news/local/Immigration-Court-New-York-Judge-Investigation-448498463.html

Here’s the story:

As part of a joint six-month investigation, NBC-owned television stations across the country interviewed retired and current immigration judges, some of whom said the backlog is threatening to overwhelm the court

By Chris Glorioso, Dave Manney, Erica Jorgensen and Evan Stulberger

Documents from the Trump administration show the president’s plan to ship more immigration judges for temporary assignments in border states is encountering a fundamental problem: there isn’t enough work for all the new judges to do.
According to an assessment of “Surge Hearing Locations,” dated April 4, 2017, the Department of Justice found six of the 17 immigration courts receiving transferred judges could not give those judges enough work to support a full docket.
INVESTIGATIVE’Phantom’ Judges Cause Confusion in NYC Immigration Court
In the assessment and supporting documents, DOJ staffers wrote about an immigration court in Karnes, Texas, where there was “concern regarding the lack of filings to sustain details from other courts”

Immigration: Crisis in the Courts
An overview on how immigration judges are struggling with a punishing backlog that in many cities is pushing cases far into the future, slowing deportations and leaving families in limbo.

The same assessment says another court in Texas’s Prairieland Detention Center “is not receiving enough cases to truly fill a docket or even come close to it.”
At the court inside Texas’s Dilly Family Residential Center, DOJ staffers wrote “the one judge detailed there is not occupied.”

At New Mexico’s Cibola County Detention Center, DOJ staffers found the caseload “has not been sufficient to keep the two immigration judges assigned to this docket occupied.”

Staffers also noted two empty courtrooms at New Mexico’s Otero immigration facility — and concluded there were “insufficient caseloads for further deployments.”

Scheduling records show the Justice Department repeatedly assigned five transferred judges to the immigration court in Louisiana’s LaSalle Detention Facility, even though an assessment of the court found “at this time there is not enough work for five judges. There is enough work for a reasonable docket and three judges.”

The report went on to conclude that inefficient transferring of detainees often means “there is very little work for a detailed judge to complete.”

In most cases, the transferred judges spend two weeks to a month hearing cases in out-of-state court.

The Department of Justice declined to comment for this story, but in response to a previous inquiry by Politico, an agency spokesman said “After the initial deployment, an assessment was done to determine appropriate locations to increase the adjudication of immigration court cases without compromising due process.”

While transferred judges may have had light workloads when they arrived in some of the border state courts, there is evidence the dockets they left behind suffered in their home courts.

A joint analysis by the News 4 I-Team and Telemundo 47 Investiga found case adjournments in New York City’s immigration court went up 276 percent — from an average of 139 adjournments in the three months before the judge transfers began, to 522 in the three months after judge transfers began.

Despite that, the Trump administration has increased its target from 50 judge reassignments, to at least 137 nationwide. Nineteen New York City immigration judges — more than half of the city’s 32-judge staff – participated in the temporary transfer program.

Olga Byrne, an advocate for refugees at Human Rights First, a nonprofit that represents asylum-seekers in court, said immigration attorneys at her organization have noticed the spike in adjournments and questioned whether judicial assignments border state assignments are worth the trouble.

“We’ve been in touch with a couple of judges who have expressed a lot of frustration about being sent to a detention center where they could take a long lunch break,” said Byrne. “They had only a few cases to consider for a whole week and yet they had to defer hundreds of cases from their docket in their home court.”


But it is clear the Trump Administration knew its decision to deploy more judges to border states would likely have negative impacts on dockets those judges leave behind in their home states.
In response to questions from U.S. Senate staffers, a DOJ memo concedes that “it is likely that the case backlog will increase for the locations from which an Immigration Judge is assigned.”

In New York City alone, there are more than 82,000 immigrants waiting for a court hearing. The average wait time is north of two and a half years. Nationwide, the immigration case backlog stands at more than 617,000.
Rep. Adriano Espaillat (D – Upper Manhattan), who came to America as an undocumented immigrant, said he fears the Trump administration is over-staffing border state courts to rapidly deport current border-crossers, while ignoring the population of non-detained immigrants who’ve been living and working in America’s big cities, hoping for a shot at citizenship for years.
“By shifting judges to the border, they are in fact maybe predicting that there will be lots of cases before them in those jurisdictions,” Espaillat said. “I am concerned this is part of a greater effort to put together a deportation machine – and proceed to arrest and deport thousands of people who are undocumented.”

This isn’t the first time a presidential initiative has been criticized for mucking up immigration court schedules and exacerbating the nationwide case backlog.
During the Obama Administration, the Justice Department launched an effort to prioritize court hearings for unaccompanied minors who enter the country illegally.

Byrne says that too was a political decision which negatively impacted the court’s ability to handle thousands of older cases languishing in the backlog.
“It’s not a new thing that they are basically fulfilling political objectives with the way that the immigration court dockets are managed,” Byrne said. “I think we should be equally critical of both [the Trump and Obama administrations] for using the immigration court to fulfill political objectives rather than focusing on making that court system work well and efficiently.”

 

Source: I-Team: Immigration Judges Sent to Courts With ‘Very Little Work’ – NBC New York http://www.nbcnewyork.com/investigations/Immigration-Court-New-York-Judge-Investigation-448498463.html#ixzz4uXiMR2xJ
Follow us: @nbcnewyork on Twitter | NBCNewYork on Facebook“

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To put this in context, during this massive abuse of the US Immigration Courts at the direction of Sessions and his incompetent politicos at the DOJ, the Chief Immigration Judge issued the notorious “Continuance Policy.”  That document not not very subtilely implied that unjustified continuance requests by private attorneys (all of them overburdened by the effects of ADR, and many working on a pro bono or “low bono” basis) and laxity in granting continuances by overwhelmed and demoralized U.S. Immigration Judges were major contributing factors in increasing backlogs. Nothing could be further from the truth!

In fact, conscientious Immigration Judges and dedicated private attorneys are the only ones trying to make this broken system work and to maintain at least a semblance of due process. Their main obstacles: improper politically-motivated interference from the DOJ and poor administration and failure to stand up to the politicos by out of touch bureaucrats at EOIR Headquarters in Falls Church who are afraid to “blow the whistle”because they value their jobs over due process. 

What kind of incompetents would draw the bulk of unneeded judicial details from what are known to be the most seriously backlogged Immigration Courts in the US, such as New York and Arlington? What type of incompetents would “study” the impact and need for the details after the fact, rather than carefully planning in advance? Assuming they were necessary (which they weren’t) why weren’t judicial details drawn from among the Assistant Chief Immigration Judges in Falls Church Headquarters who are never assigned actual cases? They, actually have time on their hands. And why does a system in crisis with inept management have highly-paid bureaucratic administrators like the ACIJs who never do any real judging? What makes a person a “judge”if he or she never “judges” anything?

Yes, as I’ve stated before, the Obama Administration enforcement policies and political interference from the Obama DOJ helped drive the backlogs to new heights. But, after taking over an obviously broken system, rather than doing the right thing and fixing the Immigration Courts with bipartisan legislation to create an independent Immigration Court System, with adequate resources, professional court administration, and freedom from political interference in its due process functions, the Trump Administration intentionally made things much, much worse! More judges have resulted in more backlogs because of politicized, incompetent judicial administration and poorly designed enforcement policies at DHS. If that doesn’t tell you something is seriously wrong, what will?

PWS

10-04-17

 

 

 

 

BREAKING: I-TEAM 4 UNCOVERS HARD EVIDENCE THAT TRUMP ADMINISTRATION POLICIES ARE MAKING IMMIGRATION COURT BACKLOGS WORSE! — “ADR” Rips Off Taxpayers While Denying Due Process! — See More Of Award-Winning Investigative Reporter Jodie Fleischer’s Interview With Me!

Here’s the video and graphs:

http://www.nbcwashington.com/investigations/Federal-Records-Show-New-Immigration-Policies-Delay-Local-Cases-Increase-Court-Backlog-449104633.html

Here’s the story:

“By Jodie Fleischer and Rick Yarborough

Newly released records obtained by the News4 I-Team show the severe impact new immigration policies have in the Washington, D.C., metropolitan area; one former judge says it’s making the huge immigration court case backlog even worse.
Records from January through July of 2017 show immigration judges around the country were forced to postpone 24,806 cases, because those judges were not in their courtrooms to hear cases.
In the Virginia and Maryland court locations, which serve the D.C. area, more than 2,700 local cases have been pushed off, sometimes for years, because the judges were instead reassigned to hear cases at the border.
“What it isn’t serving, I think, is due process and the ends of justice,” said Judge Paul Wickham Schmidt, who retired from the immigration court in Arlington in 2016, “I think it’s a misuse of resources.”

 

Source: Federal Records Show New Immigration Policies Delay Local Cases, Increase Court Backlog – NBC4 Washington http://www.nbcwashington.com/investigations/Federal-Records-Show-New-Immigration-Policies-Delay-Local-Cases-Increase-Court-Backlog-449104633.html#ixzz4uUmx6bGk
Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

Schmidt said he’s glad he left the bench, because it allows him to speak freely about what he’s seeing in the court system today.
“It’s a disaster. I think it’s moving toward implosion,” he added, directing his barbs at current immigration policies and the shift in which types of cases are now a priority.
“They’re trying to detain everybody who arrives, so they’ve assigned more judges to the southern border,” said Schmidt. “And those judges leave behind full dockets.”
DC-Area Immigration Courts Scheduling Hearings for 2021
The News4 I-Team learned in the first seven months of this year, the Department of Justice reassigned judges from around the country more than 200 times, usually for two weeks or more. Additional reassignments are ongoing and more are scheduled later this year.
In Arlington, Virginia records show at least 15 reassignments, and while the judges were gone, they had to postpone 2,580 local cases. Only Los Angeles, New York and Miami had more.
“But since most judges are backed up for years, they don’t have any vacant (slots). It’s not like they move them to next week. They move them to slots 3 to 4 years down the road,” said Schmidt. “Why would you use people in an office like Arlington that’s overwhelmed?”

 

Source: Federal Records Show New Immigration Policies Delay Local Cases, Increase Court Backlog – NBC4 Washington http://www.nbcwashington.com/investigations/Federal-Records-Show-New-Immigration-Policies-Delay-Local-Cases-Increase-Court-Backlog-449104633.html#ixzz4uUnE6DPv
Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

The Arlington court is already scheduling cases for December 2021. That’s the second longest delay in the nation.
In May alone, five of the seven Arlington judges had weeks of reassignment to the border. Records show they delayed 946 cases as a result.
“When you can’t give people hearing dates that are reasonable dates, which they can count on, they know it’s actually going to take place, then as a judge I feel you lose credibility,” said Schmidt.
Immigration: Crisis in the Courts
Schmidt said to make matters worse, while judges are reassigned, they cannot work remotely on cases back at their home courts because the files are all on paper, not electronic.
He said at the border, many cases involve people who recently arrived in the United States and haven’t had time to get a lawyer, so a lot of those cases are not even ready to be heard and get delayed as well.
Published 2 hours ago | Updated 50 minutes ago

 

Source: Federal Records Show New Immigration Policies Delay Local Cases, Increase Court Backlog – NBC4 Washington http://www.nbcwashington.com/investigations/Federal-Records-Show-New-Immigration-Policies-Delay-Local-Cases-Increase-Court-Backlog-449104633.html#ixzz4uUncKBbO
Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

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

What kind of “court system” puts “Gonzo Enforcement” first and Due Process last? A “captive” one run by incompetentent politicos!

I hope that when Sessions finally shows up for his long-awaited hearing before the Senate Judiciary Committee, Senator Leahy will grill him on his biased and incompetent administration of the U.S. Immigration  Courts as well as the false narratives and  misrepresentations Sessions spreads about Dreamers and migrants generally.

PWS

10-03-17

 

 

SUPREMES HEAR ARGUMENTS ON LONG-TERM PRE-HEARING IMMIGRATION DETENTION! — JENNINGS V. RODRIGUEZ

https://www.washingtonpost.com/politics/courts_law/supreme-court-debates-long-detentions-for-immigrants-facing-deportation/2017/10/03/a96a5300-a852-11e7-850e-2bdd1236be5d_story.html

Ann E. Marimow reports for the Washington Post:

“The Supreme Court’s liberal justices dominated discussion Tuesday about the prolonged detention of immigrants facing deportation, expressing concern about the government holding noncitizens indefinitely without a hearing.

At issue for the court is whether immigrants slated for deportation have the right to a bail hearing and possible release after six months if they are not a flight risk and pose no danger to the public.

The conservative justices were less vocal but expressed skepticism about whether the court should be setting firm deadlines for hearings in immigration cases.

A lawyer for the Justice Department told the high court that noncitizens — whether documented or undocumented immigrants — have no constitutional right to be in the United States.

The justices were taking a second look at the issue after an evenly divided court could not reach a decision last term and scheduled the case for reargument. With Justice Neil M. Gorsuch having joined the bench since then, he could cast the deciding vote.

[‘It will be momentous’: Supreme Court embarks on new term]

The case reached the high court after the U.S. Court of Appeals for the 9th Circuit ruled that immigrants fighting deportation are entitled to bond hearings if they have been held for more than six months. A lawyer for the American Civil Liberties Union, representing a group of noncitizens held for more than a year without a hearing, told the Supreme Court that the outcome of the case will affect thousands of people held in jaillike detention centers.

 

The outcome takes on heightened significance as President Trump has vowed to broadly increase immigration enforcement across the United States. Immigration arrests are up sharply since he took office in January, but deportations are down this year, in part because of a significant drop in illegal crossings on the southern border with Mexico.

The Supreme Court has previously held that undocumented immigrants are entitled to some form of due process when contesting their detention but also that “brief” detentions were allowed. Courts have interpreted those rulings in different ways, with the San Francisco-based 9th Circuit, for instance, requiring more procedural safeguards for those who would be held for months or even years.

The court’s liberals on Tuesday pressed Deputy Solicitor General Malcolm L. Stewart about why immigrants in detention centers are treated differently than criminal defendants, who automatically receive hearings to determine whether they remain locked up pending trial.

 

Justice Stephen G. Breyer noted that even a criminal suspect accused of “triple ax murders” is entitled to a bail hearing. “That to me is a little odd,” Breyer said, his voice rising.

Without time limits, Justice Sonia Sotomayor said, noncitizens languish in detention centers, sometimes for years. “That’s lawlessness,” she said.

During the previous argument last term, Justice Anthony M. Kennedy asserted that the constitutionality of the federal law was not at issue. But on Tuesday, he seemed more sympathetic to arguments in favor of a guaranteed timeline. He asked Stewart whether a lengthy delay because of a shortage of immigration judges was permissible and suggested that there should be a concretedeadline.

“Isn’t a bright line rule an easier way?” Kennedy asked.

Justice Elena Kagan followed up and asked whether a five-year backlog, for instance, was allowed. In response, Stewart said, an immigrant fighting deportation could always choose to return to his or her home country.

[Supreme Court considers whether those facing deportation can be held indefinitely]

The six-month deadline that the 9th Circuit set applies to a wide range of immigrants, from people detained after entering the United States for the first time to longtime legal residents. The case was brought by Alejandro Rodriguez, a lawful permanent resident who came to the country as an infant. The Department of Homeland Security started removal proceedings because of a conviction for drug possession and an earlier conviction for joyriding.

It can be done by Congress or by regulation, Alito said. But, he asked, “Where does it say six months in the Constitution?”

The case is Jennings v. Rodriguez.

Staff writers Maria Sacchetti and Robert Barnes contributed to this report.“

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

OK, let’s get to the heart of the disingenuous argument by the Solicitor General in behalf of DHS. A respondent is entitled to due process hearing before he or she can be removed from the United States. But, according to the Government, the respondent has no Constitutional right to be in the United States for that Constitutionally-required hearing. And, as we know, Immigration Courts have backlogs of over 600,000 cases, with hearings often taking four or more years to schedule.

The SG’s position doesn’t even pass then”straight face” test. But, that doesn’t necessarily mean that the majority of Justices won’t agree with it!

PWS

10-03-17

 

 

 

US DISTRICT COURT SLAMS DHS FOR NOT FOLLOWING DACA REVOCATION PROCEDURES! — TORRES V. DHS

DACA-TOPRRES-SDCA

Torres v. DHS, SDCA, 09-29-17, Hon. Torres v. DHS United States District Judge

KEY QUOTE FROM JUDGE MILLER’S OPINION:

“Defendants broadly argue that the DHS possesses such broad prosecutorial discretion that they need not follow the DACA SOP in terminating the status of DAC recipients. The court categorically rejects this proposition. While Defendants are granted broad discretion to commence, adjudicate, and execute removal orders, a fundamental principle of federal law is that a federal agency must follow its own procedures. Morton v. Ruiz, 415 U.S. 199, 233-35 (1974) (“[W]here the rights of individuals are affected, it is incumbent upon agencies to follow their own procedures.”); Nicholas v. INS, 590 F.2d 802, 809 (9th Cir.1979) (holding that INS violated its own regulation in processing a non-citizen’s request for immigration records); United States v. Heffner, 420 F.2d 809 (4th Cir. 1969) (courts must overturn agency actions which do not scrupulously follow the regulations and procedures promulgated by the agency itself). In Accardi, 347 U.S. 260, the petitioner alleged that the Board of Immigration Appeals (“BIA”) failed to exercise its discretion in determining his application for suspension of deportation. Id. at 261. Petitioner alleged that the BIA deferred to the decision of the Attorney General and, therefore, did not exercise its own regulatory discretion in determining his application. The BIA denied petitioner’s application allegedly because petitioner’s name was on a list of immigrants the Attorney General wanted deported. The regulatory scheme required the BIA to exercise its own judgment when considering immigration appeals, and not to rely upon the Attorney General’s determinations. The Supreme Court reversed the BIA’s denial of the application and remanded for further proceedings because the BIA allegedly failed to exercise its own discretion as required by its own relevant regulations.”

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

Read the complete decision at the link.

Judge Miller found that the DHS “acted arbitrarily, capriciously, and abused their discretion.” Sadly, arbitrary, capricious, and abusive actions that sow fear and uncertainty in migrant communities are at the heart of the Trump-Sessions “Gonzo Enforcement Program.” But, they don’t always manifest themselves in ways so easy to prove to an Article III Judge.

Still, there is some good language here on the limits of DH/S prosecutorial discretion.That issue is likely to be tested over and over again in the Article III Courts.

PWS

10-03-17

DUE PROCESS WINS IN 9TH CIR! – DHS & IJS REQUIRED TO CONSIDER “ABILITY TO PAY” IN SETTING BOND! – HERNANDEZ V. SESSIONS

9TH-HERNANDEZ-BOND-2017

Hernandez v. Sessions, 9th Cir., 10-02-17 (Published)

PANEL: Stephen Reinhardt, Ferdinand F. Fernandez, and Kim McLane Wardlaw, Circuit Judges.

OPINION BY: Judge Reinhardt

CONCURRING & DISSENTING OPINION: Judge Fernandez

KEY QUOTE:

“Plaintiffs are likely to succeed on their challenge under the Due Process Clause to the government’s policy of allowing ICE and IJs to set immigration bond amounts without considering the detainees’ financial circumstances or alternative conditions of release. The government has failed to offer any convincing reason why these factors should not be considered in bond hearings for non-citizens who are determined not to be a danger to the community and not to be so great a flight risk as to require detention without bond. The irreparable harm to Plaintiffs of detention pursuant to bond amounts determined through a likely unconstitutional process far outweighs the minimal administrative burdens to the government of complying with the injunction while this case proceeds.

The district court’s order granting the preliminary injunction is AFFIRMED.

 29 The government also challenges the requirement that it meet and confer with Plaintiffs to develop guidelines for future immigration hearings. According to the government, this requirement gives “Plaintiffs’ counsel veto authority over the terms and guidelines to be used in those bond proceedings, [which] violates Congress’s delegation of such authority to the Executive.” To the contrary, the district court retains authority to resolve any disputes between the parties regarding implementation of the injunction. The requirement that the parties meet and confer is merely an administrative mechanism to reduce unnecessary burdens on the district court’s resources. It is an entirely ordinary exercise of the district court’s authority to manage cases and to encourage cooperation before parties resort to asking the court to resolve a dispute. See, e.g., C.D. Cal. L.R. 7-3 (requiring parties to confer prior to filing most motions and to file the motion only if the parties are “unable to reach a resolution which eliminates the necessity for a hearing”).”

KEY QUOTE FROM JUDGE FERNANDEZ, CONCURRING & DISSENTING:

“I agree that the district court did not abuse its discretion when it decided to issue a preliminary injunction requiring the consideration of “financial ability” and “alternative conditions of supervision”1 in making determinations regarding the release of aliens who have been detained pursuant to 8 U.S.C. § 1226(a). However, I do not agree with the breadth of the injunctive order that was issued. Thus, I respectfully concur in part and dissent in part.”

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

Read the full decision at the above link.

WHY IT’S IMPORTANT

With an estimated 10 to 11 million “undocumented migrants” currently in the U.S., hundreds of thousands of cases annually being added to the U.S. Immigration Courts’ already out of control docket of 630,000 cases, and the Trump Administration’s “gonzo” enforcement policy where line agents often arbitrarily decide which migrants to place in Immigration Court (presumably somewhat driven by the need to show “numbers” for budget and performance purposes), one thing is obvious: The system would collapse immediately if everyone apprehended by the DHS at the border and in the interior simply insisted on a full due process “Individual Merits” hearing. Thus, the migrants’s exercise of the Constitutional right to due process and a meaningful opportunity to be heard is the enemy of DHS’s out of control, “gonzo” enforcement.

So, what is DHS to do to suppress this dangerous exercise of constitutional rights? Here are DHS’s “strategies:”

  1. Avoid the hearing process entirely by using some form of “expedited removal” which avoids Immigration Court altogether;
  2. In absentia orders, often based on incomplete address information and inadequate warnings being given to migrants by DHS and/or on sloppy address recording and hearing notice procedures by DHS and EOIR resulting in individuals being clueless about their so-called “final orders” and therefore ill-equipped to exercise their statutory right to move for reopening;
  3. Coercive detention, used to demoralize, discourage, and duress migrants into “waiving” their due process rights and agreeing to depart without a merits hearing either by so-called “voluntary departure” or an uncontested final order.

Obviously, setting reasonable bonds that allow-income migrants can actually pay interferes with the full coerciveness of detention. Once released, migrants have a better chance of locating an attorney, filing a plausible application for relief, and ultimately being granted permission to stay. Therefore, resisting and “monkey wrenching” reasonable release on bonds is a key element of the current DHS “gonzo” enforcement strategy.

One of the ways that most fair U.S. Immigration Judges combat this is by using various “arbitration and mediation skills” to encourage DHS to accept reasonable bonds and waive appeal. But, as previously reported, counsel across the country report that DHS is refusing to negotiate bonds and appealing many of those set by the IJ. In other words, DHS is hoping that the coercive effect of detention will force folks to leave without a hearing before they run out of detention space in the New American Gulag.

Thus, U.S. Immigration Judges have become somewhat feckless in the bond process. DHS simply “blows off” the IJs’ entreaties to negotiate because DHS knows that they can unilaterally block release pending appeal anyway. And, as I previously pointed out, the BIA routinely holds bond appeals pending the completion of detained  merits hearings and then simply dismisses the bond appeal as “moot.” As one (now former) Assistant Chief Counsel in Arlington undiplomatically informed me during a bond hearing shortly after I took the bench in 2003: “You can enter any order you want Judge, but the Detention Officer is going to decide whether or not this respondent gets released.” That’s the point at which I became an “Article I convert.”

Consequently, an Article III (a/k/a “Real”) Court enforcing due process and also requiring the DHS to negotiate some reasonable criteria and procedures for release on bond is both essential to our Constitutional system of due process and justice and also is a direct threat to unbridled DHS “gonzo enforcement.” As you can see from “FN 29” above, DHS has absolutely no interest in settling this case on a reasonable basis, although urged to do so by both the US District Court and the Court of Appeals. They expect and want the Article III Courts to “just roll over” like the “captive” Immigration Courts do.

Consequently, we can expect the Administration to fight tooth and nail against all efforts to put meaning in the currently largely false promise of Due Process in Immigration Court! Expect a DHS appeal to the Supremes! Stay tuned!

PWS

10-03-17

 

 

 

MAKING AMERICA GREAT: While Trump Tweets Insults, American Hero Jose Andres Feeds The Needy In Puerto Rico!

https://www.washingtonpost.com/news/food/wp/2017/09/29/jose-andres-a-naturalized-u-s-citizen-has-become-the-face-of-american-disaster-relief/

Tim Carman reports for the Washington Post:

October 1 at 1:11 PM
Families in the La Perla neighborhood of San Juan get water from a cistern truck. (Dennis M. Rivera Pichardo for The Washington Post)

Unlike the president, Homeland Security or the Federal Emergency Management Agency, José Andrés has no responsibility to respond to natural disasters, and yet the Washington celebrity chef has become a reliable presence in disaster zones, deploying his Chef Network to help feed thousands of displaced people.

Andrés was among the first responders in Haiti and Houston, and now he and his crew from World Central Kitchen are on the ground in Puerto Rico, improvising ways to feed countless residents who are stranded without electricity, drinking water and food in the wake of Hurricane Maria. With little ability to speak with the outside world, Andrés has used his Twitter feed to keep followers updated on his progress in the U.S. territory.

If President Trump has become a target of criticism for the administration’s response in Puerto Rico, Andrés has become a hero. The restaurateur’s social networks are overflowing with words of praise for the native Spaniard who became a naturalized U.S. citizen in 2013.

Heroism has not come easy in Puerto Rico.

“Today’s a hard day,” he said in a video posted Thursday to Twitter. “We’ve been getting deliveries, but we’ve been missing a few things. When we have bread, we don’t have cheese . . . But more or less, things keep falling into place.”

Andrés and company landed in Puerto Rico on Monday and wasted little time. He posted a photo of himself ladling out sancocho — a Puerto Rican beef stew — to locals. He also started soliciting donations and volunteers to help with the massive task of feeding a population that has survived two hurricanes: Irma early in September, followed by Maria later in the month. The Category 4 Maria was the strongest storm to directly hit Puerto Rico in more than 80 years, wiping out power to the entire island.

Since arriving, Andrés has teamed up with chef José Enrique, a native son whose eponymous restaurant in the Santurce district of San Juan has served as one of two bases for meal preparations. The other is Mesa 364, a private-events restaurant launched by chef Enrique L. Piñeiro. Volunteers from the island and the U.S. mainland, working under the hashtag #chefsforPuertoRico, have prepared stews, sandwiches, paella and pastelon (a Puerto Rican lasagna with fried sweet plantains for “noodles”) for those in hospitals, senior homes and San Juan neighborhoods. They’ve used food trucks to help distribute meals.

In a series of tweets published Sunday, in fact, Andrés offered a number of suggestions to the president.

This isn’t the first time Andrés has set himself against the president: In April, the two settled lawsuits against each other after Andrés backed out of his lease to open a restaurant in Trump International Hotel.

He also tweeted:

According to Andrés’s PR team back in Washington, the crews in Puerto Rico are now feeding 5,000 people a day, and since Monday, they have served more than 15,000 meals. (In late August, Andrés was in Houston with World Central Kitchen, where they served 20,000 meals for victims of Hurricane Harvey.)

You could make the argument that his relief efforts in Puerto Rico are more personal to Andrés. He has a restaurant on the island: Mi Casa is a modern Caribbean restaurant inside a Ritz-Carlton property in Dorado, just west of San Juan. The restaurant took a hit from Maria and remains closed.

“While they are undergoing efforts to restore operations at the property, guests are not able to make reservations,” emailed Margaret Chaffee, spokeswoman for ThinkFoodGroup, parent group for Andrés’s family of restaurants.

Despite poor cell coverage on the island and a packed schedule, Andrés called The Post to provide a brief update on his team’s efforts. Well, sort of. The first words out of the chef’s mouth were, “I’m sorry, but I cannot speak right now.”

Andrés then spent the next five minutes answering questions, as those around him urged the chef to move along to the next task at hand. Andrés said they’re feeding close to 8,000 people daily now, between the two San Juan restaurants and the food trucks.

When asked how he’s managing to get supplies on the island, Andrés just said, “When you have a credit card, everything is possible.”

Andrés would like to expand his relief operations to Vieques, the small island off the eastern coast of Puerto Rico. Vieques has been essentially cut off from all communications and supplies since Maria hit. But he’s not sure that will happen.

“We have to be realistic about what we can do,” Andrés said.

The celebrity chef said he was due back in Washington already but decided to extend his stay in Puerto Rico. He isn’t expected back in the District until next week.

“I cannot leave,” he said.

Then he begged off. His team was signaling him to get off the phone. “I really have to go,” he said.

This post originally published Sept. 29; it has been updated.”

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

Read the original with all of the tweets and pictures at the link.

Jose Andres, a naturalized U.s. citizen is a talented, decent, caring, giving human being and an inspirational leader. Native-born American Nativist Donald Trump, the Charlatan-In-Chief, not so much.

PWS

10-02-17

THE GRIFTERS: Yes, It’s Satisfying To See A True Scumbag Like Price “Outed!” But, Before You Get Too Excited, Remember That His Replacement “will serve at the altar of Trump, after all. The only requirement? Destroy what you can. Let everyone else suffer.”

https://www.theguardian.com/commentisfree/2017/sep/30/tom-price-resignation-victory?CMP=Share_iOSApp_Other

Ross Barkin writes in the Guardian:

“The sad truth is that Trump will probably replace him with a health and human services secretary who is just as bad at the job
For the Trump skeptics, the full-blown resisters, and everyone who prefers to see government remotely good, the downfall of Tom Price was a moment of true catharsis.

Donald Trump’s loathsome health and human services secretary was driven from office on Friday after a series of stunning Politico reports detailed how he racked up at least $400,000 in travel bills for charter flights. The extravagance was too much even for Trump, who in his past life as a failed developer wasted plenty of taxpayer money, and Price was told he had to go.

Before sobering reality sets in – nothing has really changed about Trumplandia – let’s remember all the ways Price represented the worst of the worst about Trump’s storming of Washington.

Tom Price resigns as health secretary over private flights and Trump criticism
A former rightwing congressman from Georgia and an orthopedic surgeon, Price spent most of his House tenure trying to destroy Obamacare and replace it with something far more draconian.
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As health and human services secretary, his dream fully realized, Price set about trying to undermine American healthcare as much as humanly possible without achieving a repeal of Obamacare. Price stopped trying to encourage people to sign up for insurance, ensuring costs would rise for everyone else. He obliterated Obamacare’s advertising budget.

Price backed a Trump budget that slashes funding for health and human services, the National Institutes of Health, and the Centers for Disease Control and Prevention. His vision of healthcare was rather simple: get any trace of the government out of there, any protections that might be offered for the poorest and sickest. Let the free market take care of the rest.

Now Trump will cast about for a worthy successor. Price, a multimillionaire, will feel shame for a few days and then go back to cashing out in the private sector, maybe as a healthcare lobbyist trying to wrangle goodies from his old colleagues. The waterline of the swamp will rise.

Health secretary Tom Price apologizes for taking private flights for work
The real question, once the celebration dies down from liberals and various journalists heartened by the power of the press to get their scalp, is how anything will change in Trump’s Washington.

Will a new HHS secretary bring some common sense to the role and realize stabilizing the healthcare markets is their chief job? Will he or she attempt to be anything resembling an administrator? Probably not.

Despite the conventional wisdom that Trump is a gun-slinging independent beholden to no party, he is fully indoctrinated in far-right, slash-and-burn thinking. He is a president for nihilist billionaires and Milton Friedman apostles. He will lurch to the left, but his grounding will stay true. We know that from his tax plan, which promises to give relief to the rich and no one else.

In another time now lost to history, both parties paid allegiance to the idea of governing. Democrats, in the post Franklin D Roosevelt-era, were the party of large, activist government, but Republicans understood that dismantling what they inherited made no sense.

Richard Nixon preserved the gains of Lyndon Johnson’s civil rights and Great Society legislation. Medicare and Medicaid remained.
Under a moderate Republican president – almost no moderates actually ran for president in 2016, and it’s increasingly unclear such a creature even exists – Barack Obama’s Affordable Care Act would be understood for what it is: not socialism, but a mixture of government intervention and market-driven policies dreamed up by the rightwing Heritage Foundation and later pioneered by a Republican governor, Mitt Romney.

It is nothing approximating single-payer healthcare. It’s a start – but it’s also plenty flawed.

Many marketplaces are succeeding, but others are failing, in part because the Trump White House is encouraging their failure. The next best thing to repealing Obamacare, for the Republican party, is to let it rot without serious reform.

Federal subsidies must be increased and a public option should be introduced to compete with private insurers. The long-term goal, championed by Bernie Sanders, should be Medicare-for-all, universal healthcare, though we’re not there yet.
Price’s successor probably won’t think about any of these things. He or she will serve at the altar of the Trump, after all. The only requirement? Destroy what you can. Let everyone else suffer.”

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

Why wouldn’t Price, who ripped off taxpayers to the tune of approximately $1 million, face some consequences beyond being permitted to resign?

Also, Donald Trump is not “destroying the soul of the GOP” (an oxymoron if I’ve ever heard one). The modern GOP stands for the same corrupt agenda as Trump. That’s why they never really stand up to him. And, Tom Price, a Swamp Creature if  there ever was one, was a perfect representative of everything that is wrong with today’s GOP.

And with a truly miserable specimen of a human being like “Ayatollah Roy” and a slate of Bannon-inspired scummy White Nationalist candidates in the wings, the GOP has by no means “bottomed out.” The worst is yet to come.

PWS

10-01-17

 

 

THE GRIFTERS: Party Of Liars — GOP Tax Plan Proposes To Loot America For the Rich, Limit Government Services For Everyone Else, & Leave Future Generations To Pay The Price — Not Surprisingly, They Lie About It And Assume That Non-Fat-Cat Supporters Are Too Dumb Or Biased to Figure It Out! — Fact Checker Gives GOP Politicos Coveted “Four Pinocchios!”

https://www.washingtonpost.com/news/fact-checker/wp/2017/09/29/trump-aides-sell-tax-plan-with-pinocchio-laden-claims/

Glenn Kessler writes for the “Fact Checker” in the Washington Post.

The wealthy are not getting a tax cut under our plan.”
— Gary Cohn, director of the White House Economic Council, in an interview on ABC’s “Good Morning America,” Sept. 28, 2017

“The numbers are about a trillion and a half to the baseline. But more importantly, it’s a trillion dollars to policy, which is the right way of looking at it. We think there will be $2 trillion of growth. So we think this tax plan will cut down the deficits by a trillion dollars.”
— Treasury Secretary Steve Mnuchin, in an interview on Fox News, Sept. 28

In selling President Trump’s tax plan, his aides have resorted to making strikingly misleading statements to defend it.

At the moment, there are few details about the tax plan, only broad strokes. That makes it easier for the administration to make big claims as analysts scramble to try to make sense of the plan’s possible impact. That will be much harder once an actual tax bill is written and the details can be analyzed in depth.

In the meantime, we have a pair of Four-Pinocchio claims that are worth highlighting.

 

‘The wealthy are not getting a tax cut under our plan’

The Trump tax plan drops the top bracket from 39.6 to 35 percent, and allows for the possibility of a 25 percent top rate through a pass-through entity. It presumably would also eliminate a 3.8 percent Obamacare tax on investment income that hits only upper-income taxpayers.

So, on its face, this is a ridiculous statement to make for any plan that includes reductions in tax rates. That’s because federal income taxes are paid mostly by the wealthy. So when you cut income tax rates, it results in lots of dollars for the wealthiest taxpayers.

According to Treasury Department data, the top 10 percent of income earners in 2016 paid 80 percent of individual income taxes. The top 20 percent paid 94.8 percent. The top 0.1 percent paid an astonishing 24.5 percent of taxes.

In 2014, the latest year Internal Revenue Service data is available, just the top 400 taxpayers — with $127 billion of income — paid $29.4 billion in income taxes, or more than 2 percent of all income taxes. That’s more than the bottom 70 percent of taxpayers combined.

 

In other words, the vast majority of American taxpayers pay little or nothing in income taxes; they instead mostly pay payroll taxes such as Social Security and Medicare. So it really strains credulity for administration officials such as Cohn to say the wealthy will not get a tax cut.

The wealthy pay most of the taxes, so unless the tax plan specifically leaves them untouched — which Trump’s plan does not — they will get big tax cuts. This is why distributional tables often look so lopsided when tax rates are reduced. The administration has suggested that another, higher rate level might be added, presumably so the distributional tables won’t look so ugly, but right now the plan calls for a significant reduction in the top rate.

Besides a reduction in the top tax rate, the tax plan would eliminate the alternative minimum tax (AMT). That in theory should be a boon for the wealthy as well, although it increasingly has snared families in the upper middle class, especially if they live in high-tax states or have many children.

 

The administration has called for eliminating the itemized deduction for state and local taxes, as well as the personal/dependent exemptions, which are key add-ons when calculating the AMT. (If those items were eliminated from the AMT, the number of tax filers facing the AMT would drop by 95 percent, according to the Joint Committee of Taxation.)

So it’s possible that for many people it would be a wash, or even a net loser, depending on whether a tax filer lives in a state with high taxes. According to JCT, the AMT is paid by 36 percent of returns with income of between $200,000 and $500,000, nearly 55 percent between $500,000 and $1 million, and nearly 18 percent above $1 million.

Still, in 2014, the top 400 taxpayers paid nearly $700 million because of the alternative minimum tax, nearly 2.5 percent of the total. The one recent tax return of President Trump that has leaked — for 2005 — shows his tax bill increased $31 million because of the AMT.

Finally, the tax plan calls for eliminating the estate tax, although it is unclear on whether any tax would be required when someone dies. Currently, the estate tax is estimated to affect only about 5,500 estates out of nearly 3 million estates because as much as $11 million can be shielded from taxation.

 

In theory, assets would be subject to capital gains tax instead, which could actually affect more people, but that has not been specified in the administration’s tax outline. If the administration also eliminates the gift tax and does not tax capital gains at death, some income earned by the wealthy may never be taxed.

“We strongly believe the final tax bill will not cut taxes for the wealthy as a class — but there is no way to solve for every single individual in the country,” a White House official said.

‘We think this tax plan will cut down the deficits by a trillion dollars’

Mnuchin made this statement in response to an observation that the nonpartisan Committee for a Responsible Federal Budget has estimated the tax plan would reduce revenue by $2.2 trillion over 10 years. (Including additional interest on the debt, CRFB estimated the deficit would increase by $2.7 trillion.) He argued that instead there would be an additional $2 trillion in revenue from economic growth, resulting in a $1 trillion reduction in the deficit.

Cohn, briefing reporters at the White House a few hours later, offered a different estimate: “We know that 1 percent change in GDP will add $3 trillion back. So if they’re right, we’re only going to pay down $800 billion of the deficit. I’ll live with a $800 billion paydown.”

It’s a little odd that Mnuchin is anticipating $2 trillion in revenue and Cohn is anticipating $3 trillion in revenue. But these are both very rosy estimates of the impact of a tax cut in economic growth. No serious economist believes that a tax cut boosts economic growth so much that the tax cut pays for itself.

The Congressional Budget Office, under Douglas Holtz-Eakin, a Republican, in 2005 estimated that a 10 percent reduction in federal income tax rates would have macroeconomic feedbacks of between 15 and 30 percent. In other words, a $1 trillion tax cut might yield $150 billion to $300 billion in additional revenue. That still means a reduction in revenue of as much as $700 billion.

“The big problem is that there is no fully specified plan,” Holtz-Eakin said. “Without one, you can’t gauge the growth or know the budget cost. I’m broadly sympathetic to the framework, but it is a start, not the finish.”

As Holtz-Eakin put it earlier this year in an opinion column for The Washington Post: “Proposing trillions of dollars in tax cuts and then casually asserting that such a plan would ‘pay for itself with growth’ … is detached from empirical reality.”

Indeed, contrary to popular perception, even Ronald Reagan predicted revenue would fall as a result of his big 1981 tax cut that reduced tax rates. That is shown in Reagan administration and Congressional Budget Office scores of the Reagan tax plan reproduced in a 2011 article for Tax Notes by Bruce Bartlett, who helped craft the 1981 tax cut as a congressional aide at the time. The estimates turned out to be wrong because the 1981-1982 recession was deeper than expected and inflation fell more rapidly than expected, so Reagan boosted taxes just one year after his tax cut.

William A. Niskanen, chairman of Reagan’s Council of Economic Advisors, co-wrote a paper in 1996 that defended Reagan’s economic record but also said it was “an enduring myth” that Reagan officials believed tax cuts would pay for themselves. “This was nonsense from day one, because the credible evidence overwhelmingly indicates that revenue feedbacks from tax cuts is 35 cents per dollar, at most,” Niskanen wrote, noting that “the Reagan administration never assumed that the tax cuts would pay for themselves.”

A Treasury Department study on the impact of tax bills since 1940, first released in 2006 and later updated, found that the 1981 tax cut reduced revenue by $208 billion in its first four years. George W. Bush’s 2001 tax cut — also a rate cut — led to a revenue loss of $91 billion, over four years, the Treasury paper calculated. (The figures are rendered in constant 2012 dollars.)

Both the Reagan and Bush tax cuts came during periods of economic stress, which is certainly not the case now. So there is less room now for a big swing upward in the economy, especially with the country’s aging workforce.

The Treasury Department did not respond to a query for an explanation of Mnuchin’s math. But frankly it is irresponsible for a treasury secretary to claim a certain amount of growth or revenue without even producing the details of a plan, as the details determine the impact on the economy.

The Pinocchio Test

Though the details of the tax plan are sparse, both Cohn and Mnuchin made statements that are simply false. Of course the wealthy will do well under the tax cut, even if certain deductions are eliminated, and it’s silly to pretend otherwise. And it’s a fantasy to claim that the tax cut will pay for itself — and even reduce the deficit — especially in an economy that already has low unemployment and a booming stock market.

Four 🤥

The wealthy are not getting a tax cut under our plan.”
— Gary Cohn, director of the White House Economic Council, in an interview on ABC’s “Good Morning America,” Sept. 28, 2017

“The numbers are about a trillion and a half to the baseline. But more importantly, it’s a trillion dollars to policy, which is the right way of looking at it. We think there will be $2 trillion of growth. So we think this tax plan will cut down the deficits by a trillion dollars.”
— Treasury Secretary Steve Mnuchin, in an interview on Fox News, Sept. 28

In selling President Trump’s tax plan, his aides have resorted to making strikingly misleading statements to defend it.

At the moment, there are few details about the tax plan, only broad strokes. That makes it easier for the administration to make big claims as analysts scramble to try to make sense of the plan’s possible impact. That will be much harder once an actual tax bill is written and the details can be analyzed in depth.

In the meantime, we have a pair of Four-Pinocchio claims that are worth highlighting.

 

‘The wealthy are not getting a tax cut under our plan’

The Trump tax plan drops the top bracket from 39.6 to 35 percent, and allows for the possibility of a 25 percent top rate through a pass-through entity. It presumably would also eliminate a 3.8 percent Obamacare tax on investment income that hits only upper-income taxpayers.

So, on its face, this is a ridiculous statement to make for any plan that includes reductions in tax rates. That’s because federal income taxes are paid mostly by the wealthy. So when you cut income tax rates, it results in lots of dollars for the wealthiest taxpayers.

According to Treasury Department data, the top 10 percent of income earners in 2016 paid 80 percent of individual income taxes. The top 20 percent paid 94.8 percent. The top 0.1 percent paid an astonishing 24.5 percent of taxes.

In 2014, the latest year Internal Revenue Service data is available, just the top 400 taxpayers — with $127 billion of income — paid $29.4 billion in income taxes, or more than 2 percent of all income taxes. That’s more than the bottom 70 percent of taxpayers combined.

 

In other words, the vast majority of American taxpayers pay little or nothing in income taxes; they instead mostly pay payroll taxes such as Social Security and Medicare. So it really strains credulity for administration officials such as Cohn to say the wealthy will not get a tax cut.

The wealthy pay most of the taxes, so unless the tax plan specifically leaves them untouched — which Trump’s plan does not — they will get big tax cuts. This is why distributional tables often look so lopsided when tax rates are reduced. The administration has suggested that another, higher rate level might be added, presumably so the distributional tables won’t look so ugly, but right now the plan calls for a significant reduction in the top rate.

Besides a reduction in the top tax rate, the tax plan would eliminate the alternative minimum tax (AMT). That in theory should be a boon for the wealthy as well, although it increasingly has snared families in the upper middle class, especially if they live in high-tax states or have many children.

 

The administration has called for eliminating the itemized deduction for state and local taxes, as well as the personal/dependent exemptions, which are key add-ons when calculating the AMT. (If those items were eliminated from the AMT, the number of tax filers facing the AMT would drop by 95 percent, according to the Joint Committee of Taxation.)

So it’s possible that for many people it would be a wash, or even a net loser, depending on whether a tax filer lives in a state with high taxes. According to JCT, the AMT is paid by 36 percent of returns with income of between $200,000 and $500,000, nearly 55 percent between $500,000 and $1 million, and nearly 18 percent above $1 million.

Still, in 2014, the top 400 taxpayers paid nearly $700 million because of the alternative minimum tax, nearly 2.5 percent of the total. The one recent tax return of President Trump that has leaked — for 2005 — shows his tax bill increased $31 million because of the AMT.

Finally, the tax plan calls for eliminating the estate tax, although it is unclear on whether any tax would be required when someone dies. Currently, the estate tax is estimated to affect only about 5,500 estates out of nearly 3 million estates because as much as $11 million can be shielded from taxation.

 

In theory, assets would be subject to capital gains tax instead, which could actually affect more people, but that has not been specified in the administration’s tax outline. If the administration also eliminates the gift tax and does not tax capital gains at death, some income earned by the wealthy may never be taxed.

“We strongly believe the final tax bill will not cut taxes for the wealthy as a class — but there is no way to solve for every single individual in the country,” a White House official said.

‘We think this tax plan will cut down the deficits by a trillion dollars’

Mnuchin made this statement in response to an observation that the nonpartisan Committee for a Responsible Federal Budget has estimated the tax plan would reduce revenue by $2.2 trillion over 10 years. (Including additional interest on the debt, CRFB estimated the deficit would increase by $2.7 trillion.) He argued that instead there would be an additional $2 trillion in revenue from economic growth, resulting in a $1 trillion reduction in the deficit.

Cohn, briefing reporters at the White House a few hours later, offered a different estimate: “We know that 1 percent change in GDP will add $3 trillion back. So if they’re right, we’re only going to pay down $800 billion of the deficit. I’ll live with a $800 billion paydown.”

It’s a little odd that Mnuchin is anticipating $2 trillion in revenue and Cohn is anticipating $3 trillion in revenue. But these are both very rosy estimates of the impact of a tax cut in economic growth. No serious economist believes that a tax cut boosts economic growth so much that the tax cut pays for itself.

The Congressional Budget Office, under Douglas Holtz-Eakin, a Republican, in 2005 estimated that a 10 percent reduction in federal income tax rates would have macroeconomic feedbacks of between 15 and 30 percent. In other words, a $1 trillion tax cut might yield $150 billion to $300 billion in additional revenue. That still means a reduction in revenue of as much as $700 billion.

“The big problem is that there is no fully specified plan,” Holtz-Eakin said. “Without one, you can’t gauge the growth or know the budget cost. I’m broadly sympathetic to the framework, but it is a start, not the finish.”

As Holtz-Eakin put it earlier this year in an opinion column for The Washington Post: “Proposing trillions of dollars in tax cuts and then casually asserting that such a plan would ‘pay for itself with growth’ … is detached from empirical reality.”

Indeed, contrary to popular perception, even Ronald Reagan predicted revenue would fall as a result of his big 1981 tax cut that reduced tax rates. That is shown in Reagan administration and Congressional Budget Office scores of the Reagan tax plan reproduced in a 2011 article for Tax Notes by Bruce Bartlett, who helped craft the 1981 tax cut as a congressional aide at the time. The estimates turned out to be wrong because the 1981-1982 recession was deeper than expected and inflation fell more rapidly than expected, so Reagan boosted taxes just one year after his tax cut.

William A. Niskanen, chairman of Reagan’s Council of Economic Advisors, co-wrote a paper in 1996 that defended Reagan’s economic record but also said it was “an enduring myth” that Reagan officials believed tax cuts would pay for themselves. “This was nonsense from day one, because the credible evidence overwhelmingly indicates that revenue feedbacks from tax cuts is 35 cents per dollar, at most,” Niskanen wrote, noting that “the Reagan administration never assumed that the tax cuts would pay for themselves.”

A Treasury Department study on the impact of tax bills since 1940, first released in 2006 and later updated, found that the 1981 tax cut reduced revenue by $208 billion in its first four years. George W. Bush’s 2001 tax cut — also a rate cut — led to a revenue loss of $91 billion, over four years, the Treasury paper calculated. (The figures are rendered in constant 2012 dollars.)

Both the Reagan and Bush tax cuts came during periods of economic stress, which is certainly not the case now. So there is less room now for a big swing upward in the economy, especially with the country’s aging workforce.

The Treasury Department did not respond to a query for an explanation of Mnuchin’s math. But frankly it is irresponsible for a treasury secretary to claim a certain amount of growth or revenue without even producing the details of a plan, as the details determine the impact on the economy.

The Pinocchio Test

Though the details of the tax plan are sparse, both Cohn and Mnuchin made statements that are simply false. Of course the wealthy will do well under the tax cut, even if certain deductions are eliminated, and it’s silly to pretend otherwise. And it’s a fantasy to claim that the tax cut will pay for itself — and even reduce the deficit — especially in an economy that already has low unemployment and a booming stock market.

Four 🤥 🤥 🤥 🤥

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Four Pinocchios is getting into “Jeff Sessions’s territory!”

But, I can see that they were richly deserved. I watched Steve “Munchkin” Mnuchkin on “Meet the Press” with Churck Todd this AM.  It was appalling!

Munchkin lied about Puerto Rico, lied about the tax plan, and then lied and tried to cover up his own responsibility for trying to get a “freebie” at taxpayer expense for his honeymoon. The idea that there was any “national security” reason for the Munchkin keeping in touch with the White House is preposterous.

Indeed the very idea that Munchkin would have any role in national security other than making sure the checks don’t bounce is prima facie ridiculous. And, if he did, that’s what secure facilities in the CIA part of the nearest U.S. Embassy are for. Or for that matter, that’s what subordinates in the Trasure Department are for. Gotta believe that every once and awhile spooks have to make secure communications with Washington.

When confronted by Todd with his obvious lies and cover-ups, Munchkin just kept on spewing whoppers. Finally, Todd gave up, thanked him, and let the record speak for itself.

PWS

10-01-17

 

 

“Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“

https://www.fool.com/investing/2017/09/29/warren-buffett-on-immigration-reform.aspx

Matthew Frankel reports for The Motley Fool:

“Immigration reform has been a hot-button issue long before President Trump pledged to build a wall along our border. And while there’s certainly an argument to be made that we need to do a better job of controlling illegal immigration, there’s also a strong case to be made that immigrants are a big driving force behind America’s growth — past, present, and future.

Warren Buffett has been very outspoken in recent years about America and its amazing economic story. Not only does Buffett feel that immigrants have led us to where we are today, but he also thinks that immigrants are an essential component of our country’s future success.

Here’s what Warren Buffett thinks of immigrants
In a nutshell, Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem. “This country has been blessed by immigrants,” Buffett said in February at Columbia University. “You can take them from any country you want, and they’ve come here and they found something that unleashed the potential that the place that they left did not, and we’re the product of it.”

Referring to Albert Einstein and Leo Szilard, both of whom were immigrants themselves, Buffett said, “If it hadn’t been for those two immigrants, who knows whether we’d be sitting in this room.”

In his most recent letter to Berkshire Hathaway’s (NYSE:BRK-A) (NYSE:BRK-B) shareholders, Buffett specifically mentioned immigrants as one of the major components of America’s success story. “From a standing start 240 years ago — a span of time less than triple my days on earth — Americans have combined human ingenuity, a market system, a tide of talented and ambitious immigrants, and the rule of law to deliver abundance beyond any dreams of our forefathers.”

On a pathway to citizenship
Buffett is an outspoken Democrat who actively campaigned for Hillary Clinton during the 2016 presidential race. So it shouldn’t come as too much of a surprise that Buffett doesn’t want to deport millions of illegal immigrants who are currently in the United States.

In a 2015 interview with Fox Business, Buffett said

People should be able to earn citizenship who are here. You know, I do not think we should deport millions of people. So, I think we should have a real path to citizenship.

Buffett was then asked specifically about the DREAM Act and its 800,000 minors who are in the country illegally and now face an uncertain future after the end of DACA, from the perspective of a successful American businessman. Buffett replied:

It is a question of being a human being not really a businessman. Immigrants came, our forefathers came as immigrants, they got here anyway they could. And who knows what I would have done if I were in some terrible situation in a country and wanted to come here…a great percentage of them are good citizens. I would have a path to citizenship for them, I would not send them back.

 

On immigration policy and reform
As we all know, the immigration debate has been going on for a long time. And Buffett’s stance hasn’t changed much over the past several years. In a 2013 interview with ABC’s This Week, Buffett said:

I think we should have a more logical immigration policy. It would mean we would attract a lot of people, but we would attract the people we want to attract in particular — in terms of education, tens or hundreds of thousands of people. We enhance their talents and have them stick around here.

Buffett went on to say that any reform package should “certainly offer [undocumented immigrants] the chance to become citizens,” and one main reason for doing so would be to deepen the talent pool of the labor force.

Buffett’s stance on immigration in a nutshell
Warren Buffett believes that allowing immigrants who are already in the country to stay and pursue citizenship is not only the right thing to do, but is essential to America’s continued economic prosperity. Buffett certainly sees the need for immigration reform, as most Americans of all political affiliations do, but wants to encourage and simplify the legal pathways to immigration.”

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Buffet speaks simple truth: Immigrants, both documented and undocumented are not threats, but rather are a necessary ingredient for America’s greatness. We need to bring law-abiding undocumented individuals into our society in some type of legal, work authorized status. We also need substantial across the board increases in legal immigration, so that in the future the immigrants we need can come through the legal system (or wait in a realistic line) rather than coming through an underground system and working and living in the shadows.

The lies, misrepresentations, and false narratives being peddled by Trump, Sessions, Bannon, Miller, Kobach, Cotton, Perdue, King, Goodlatte, Labrador, the so called “Freedom” Caucus, and the rest of their White Nationalist restrictionist cronies are a path to national disaster. Removing existing non-criminal migrants who happen to be working here in undocumented status is a colossal waste of limited Government resources that actually hurts our country in numerous ways.

Time to stand up against the restrictionist, White Nationalist, xenophobic, anti-American blather. Demand that your Congressional representatives back sane, humane immigration reform that takes care of those already here and recognizes their great contributions while appropriately and significantly expanding future legal immigration opportunities so that we don’t keep repreating our mistakes over and over.

Let’s be honest about it. If the time, money, and resources that the U.S. Government is currently spending on the counterproductive aspects of immigration enforcement and inhumane immigration detention were shifted into constructive areas, there would be no “disaster relief crisis” in Puerto Rico and the Virgin Islands right now, and we’d have more money to spend on heath care, job training and retraining, infrastructure, addressing the opioid crisis, and many more legitimate national priorities!

PWS

09-30-17