"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
Some members of this dispirited group overlap with a third key constituency that is underanalyzed because its ranks are not exceptionally partisan or ideological. They are citizens who ask for a basic minimum from those in charge of their government: some dignity and decorum, a focus on problem-solving, and orderliness rather than chaos. Trump and the conservatives sustaining him are completely out of line with this behavioral conservatism built on self-restraint and temperamental evenness.
It is not to romanticize the heartland to say that anyone who spends time in the Midwest runs into such solid citizens all the time. They are horrified by spousal abuse. They include small-business owners who prefer low taxes but care about schools, roads, libraries and parks. They may be critical of government, but they also expect it to do useful things. They don’t much like bragging and find an obsession with enemies unhealthy.
They are churchgoers who don’t watch TV preachers, may have doubts about this or that doctrine, and don’t tell others how religious they are. But they take from their faith and scripture that they have obligations to their communities and a duty to try as best they can to live by the standards they uphold.
They like to look up to their leaders with respect, and they feel betrayed when the powers that be give them every reason not to.
The obvious political calculation is that this fall’s elections will be decided by which side mobilizes its most ardent supporters. But here is a bet that there is also a quiet revolution of conscience in the country among those who are sick to death of the chaos they see every day on the news, a White House whose energy is devoted to stabbing internal foes in the back and a president who can’t stop thinking about himself. In the face of this, demanding simple decency is a radical and subversive act.”
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Read the rest of Dionne’s op-ed at the link.
One can only hope that at some point, reason will prevail over the greed, immorality, clownishness, disrespect, dishonesty, and incompetence that has come to symbolize today’s GOP and the Trump regime. Even today, there are a number of stories about how well-to-do yet fundamentally dishonest Trump appointees and their families continue to loot the Treasury and run up a huge deficit while essentially proposing a “death to the poor and vulnerable” budget. This is what a kleptocracy and gross indecency looks like! Reading our newspapers on a daily basis reminds me of passages I used to see only in State Department Country Reports on corrupt, Third-World dictatorships.
THE BIG IDEA: Democrats are so eager to shield young foreign-born “dreamers” from deportation that they’re now offering to make compromises that would have been hard to imagine a year ago. Republicans, who feel like they have them over the barrel, are demanding more.
Showing his pragmatic side, for instance, Bernie Sanders says he’s willing to pony up big for border security if that’s what it takes. “I would go much further than I think is right,” the Vermont senator said in an interview Tuesday afternoon. “Unwillingly. Unhappily. I think it’s a stupid thing to do. But we have to protect the dreamers. … I’m willing to make some painful concessions.”
Sanders said a wall is still a “totally absurd idea” and that there are better ways to secure the border with Mexico, but he also emphasized that there will be “a horrible moral stain” on the country if President Trump goes through with his order to end the Deferred Action for Childhood Arrivals (DACA) program next month.
— Anti-immigration hardliners are staking out a firm position because most of them are not actually concerned about the plight of the dreamers. They have never thought these young people, whose undocumented parents brought them to the United States as children, should be here anyway. They agitated for Trump to end the program.
This means they’ll be fine if no bill passes, and they know that gives them way more leverage to demand wholesale changes to the entire legal immigration system. “The president’s framework bill is not an opening bid for negotiations. It’s a best and final offer,” said Sen. Tom Cotton (R-Ark.), who has emerged as the leader of this group in the Senate. He made this comment yesterday on “Fox and Friends,” knowing the president watches. Sure enough, Trump echoed the same talking point on Twitter, calling this the “last chance” for action.
— Mitch McConnell wants to use this week’s immigration debate to force show votes that can be used to embarrass vulnerable Democratic senators from red states. For example, the majority leader introduced a measure yesterday that would penalize so-called sanctuary cities for not cooperating with federal immigration laws. This issue tests well in polls and focus groups in most of the 10 states Trump carried in 2016 where a Democrat is now up for reelection. GOP insiders on the Hill say that McConnell is mainly focused on doing whatever it takes to protect his majority now that 2018 has arrived, and he has a narrower majority after the loss in Alabama.
— Democrats stuck together to block the Senate from taking up the poison pill on sanctuary cities, but the fact that the debate has so quickly devolved into a fight over process offered another data point – if for some reason you needed one – of how dysfunctional the Senate has become.
Trump urges senators to back his immigration proposal
— “Most Republicans on Tuesday appeared to be rallying behind a proposal by Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa) and six other GOP senators that fulfills Trump’s calls to legalize 1.8 million dreamers, immediately authorizes spending at least $25 billion to bolster defenses along the U.S.-Mexico border, makes changes to family-based legal immigration programs and ends a diversity lottery system used by immigrants from smaller countries,” Ed O’Keefe reports. Senate Minority Leader Chuck “Schumer said the Grassley plan unfairly targets family-based immigration and that making such broad changes as part of a plan to legalize just a few million people ‘makes no sense.’
“In a bid to soften Trump’s proposals and win over Democrats, Sen. Jeff Flake (R-Ariz.) unveiled a watered-down version of the GOP proposal — but had not won support from members of either party by late Tuesday. Sen. Lindsey O. Graham (R-S.C.), a longtime proponent of comprehensive immigration changes, said the Grassley proposal should be the focus of the Senate’s debate. … Schumer and other Democrats, meanwhile, voiced support for a plan by Sens. Christopher A. Coons (D-Del.) and John McCain (R-Ariz.) that would grant legal status to dreamers in the country since 2013 but would not immediately authorize money to build out southern border walls and fencing.”
— Democrats would like to pass a narrow bill that only protects DACA recipients, but they know that’s not possible with Republicans in control of Congress and the presidency. To get the 60 votes needed to break a filibuster, they’re conceding on at least some of Trump’s demands related to security. Sanders said there are between 55 to 57 votes for a compromise that would save the dreamers and fund border protections. “We are scrambling now for three to five more votes,” he said.
— The Senate will convene at 10 a.m. to continue debate, as negotiations behind the scenes continue. Somewhat counterintuitively, conservative hardliners believe that Latinos will be less likely to turn out this November if nothing passes in Congress because activists will blame Democrats for not delivering.
Bernie Sanders heads to a Democratic caucus meeting in the Capitol. (Oliver Contreras for The Washington Post)
— Despite concerted efforts by Trump and McConnell to drive a wedge through the Democratic caucus, there remains a remarkable degree of unity. This highlights how much the terms of the immigration debate have shifted over the past decade. Every Democrat in Congress now wants to protect DACA recipients. It wasn’t always this way. The House passed a Dream Act in 2010 that would have allowed undocumented immigrants to apply for citizenship if they entered the United States as children, graduated from high school or got an equivalent degree, and had been in the United States for at least five years. Five moderate Democrats in the Senate voted no. If each of them had supported it, the bill would have become law, and DACA would have been unnecessary. Sen. Jon Tester (D-Mont.) is the only one of those five Democrats still left. (The others retired or lost.) Now Tester speaks out against the president’s decision to end DACA. (I explored this dynamic in-depth last September.)
Sanders marveled during our interview at how much the polling has shifted in recent years toward protecting dreamers, with some public surveys showing that as many 90 percent of Americans don’t think they should be deported. The share who think they should also have a pathway to become U.S. citizens has also risen. “If we talked a year or two ago, I’m not sure I would have thought that would be possible,” he said.
Hillary Clinton relentlessly attacked Bernie during the debates in 2016 for voting to kill comprehensive immigration reform in 2007. Sanders – working closely with some of the leading unions – expressed concern back then that the bill would drive down wages for native-born workers by flooding the labor market with cheap foreign workers. This position caused him problems with Hispanics during his presidential bid.
Sanders rejects the idea that his views have changed since 2007, and he still defends his 11-year-old vote. He noted that the League of United Latin American Citizens (LULAC) opposed that bill, as did the Southern Poverty Law Center, because it included a guest worker program that was “akin to slavery.” He said he remains just as concerned about guest worker programs as he was back then, but that he’s always favored a comprehensive solution that includes legal protections for the more than 11 million undocumented immigrants who live here. “You can say you support immigration reform, but obviously the devil is in the details on what that means,” the senator explained. “I stood with progressive organizations who said you don’t want to bring indentured servitude.”
Sanders criticized a guest worker program in his home state that allows resorts to hire ski instructors from Europe instead of native Vermonters. “Now do you not think we can find young people in Vermont who know how to ski and snowboard? But if you go to some of the resorts, that’s what you would find,” he said. “When I was a kid, we worked at summer jobs to help pay for college. … So I think we want to take a hard look at guest worker programs. Some of them remain very unfair.”
— After coming surprisingly close to toppling Clinton and winning the Democratic nomination two years ago, Sanders is at or near the top of the pack in every poll of potential 2020 primary match-ups. He’s going to Des Moines next Friday for a rally with congressional candidate Pete D’Alessandro, his first visit to Iowa this year. Sanders will also go to Wisconsin for Randy Bryce, who is running against Speaker Paul Ryan, and Illinois, where he’ll boost Chuy Garcia’s bid for retiring Rep. Luis Gutierrez’s open seat. A few weeks after that, he plans a tour of the Southwest. “I’m going to do everything I can to help people in 2018,” Sanders said.
Lobbying for their lives
— Republicans have gone the other direction. Before Trump came on the scene, the party was divided but GOP elites agreed that, for the long-term survival of the party, they needed to embrace more inclusive policies. Losses in 2012 prompted many Senate Republicans to endorse a comprehensive bill the next year (Sanders voted for it too), but the legislation was doomed in the House after Majority Leader Eric Cantor went down in a Virginia primary partly because of his perceived softness on the issue.
Elected Republicans used to insist adamantly that they were not anti-immigration but anti-illegal immigration. That’s changed. At the behest of Trump and Attorney General Jeff Sessions, Republicans are rallying around the idea of dramatic reductions in legal immigration. Two years ago, this was an extreme idea that most GOP senators would have quickly distanced themselves from. Now it’s considered mainstream and the centerpiece of the bill that McConnell has rallied his members behind.
To put it in perspective: By cutting the rate of legal immigration, Trump’s proposal – codified in Grassley’s bill — would delay the date that white Americans become a minority of the population by as many as five additional years, according to expert analysis.
“What’s very sad, but not unusual given the moment we’re living in, is that Republicans are more concerned about their right-wing, extremist, xenophobic base,” said Sanders. “You would think that, with 85 to 90 percent of people supporting protections for the dreamers, that it would not take a profile in courage to pass legislation to protect them.”
Kelly: ‘Dreamers’ who didn’t sign up for DACA were ‘too afraid’ or ‘too lazy’
— A dual-track fight over DACA is playing out in the courts. A federal judge in New York issued a preliminary injunction last night that keeps the program alive beyond Trump’s March 5 deadline so that legal challenges can play out. “A federal judge in California has issued a similar injunction, and the Supreme Court is expected this week to consider whether it will take up the fight over DACA,” Matt Zapotosky reports.
U.S. District Judge Nicholas Garaufis recognized that Trump “indisputably” has the authority to end the program put in place by Barack Obama, but he also called the administration’s arguments that DACA was unconstitutional and illegal under federal law flimsy. “Because that conclusion was erroneous, the decision to end the DACA program cannot stand,” he wrote.
— Happy Valentine’s Day. Don’t forget to get a gift.
— What I’m especially excited about this morning is baseball. Pitchers and catchers are reporting for spring tr
Contrary to most of the “chatter,” I think that the Dreamers and the Democrats have the upper hand in this one. I’ll tell you why below!
A “border security package,” could involve the Wall, technology and much needed management improvements at DHS (but certainly no additional detention money — stop the “New American Gulag” — or personnel for the Border Patrol until they full current vacancies and account for how they are currently are deploying agents).
Beyond that, the Dems probably could agree to a reallocation of diversity and some preference visas while maintaining current legal immigration levels. Cutting legal immigration levels, eliminating family immigration, or authorizing further denials of due process (the totally bogus and essentially evil claim that the current already inadequate protections for children and other vulnerable migrant’s are “loopholes”) should be “non-starters.”
If they can’t get the deal they want, the Dems can walk away and still win for the Dreamers in the long run. Here is why:
I doubt that Trump would actually veto a compromise bill passed by both Houses that protected Dreamers without his full “Four Pillars of White Nationalism” program.
If he does, any Democrat who can’t make Trump and the GOP pay for such a dumb move in the next election cycle doesn’t deserve to be a Democrat.
The “full Dreamer protection” trade for border security with no other changes should be a “no brainer.” If Trump or the GOP “tank” it over the restrictionist agenda, the Democrats should be able to make them pay at the polls.
Right now, the Administration is under two injunctions halting the repeal of the “core DACA” program.
If the Supremes don’t intervene, that issue could be tied up in the lower Federal Courts for years.
It’s very clear that the Administration’s current position is ultimately a loser before the lower Federal Courts.
If the Administration tries to “short-circuit” the process by going through APA to promulgate a regulation to terminate DACA, that process also is likely to be successfully challenged in the Federal Courts.
The so-called “legal rationale” that Sessions has invoked for ending DACA has literally been “laughed out of court.”
Trump himself has said that there is really no reason to remove Dreamers from the U.S.
So, on the merits, an attempt to terminate DACA by regulation probably would be held “without any legal or rational basis” by the lower Federal Courts.
Even if the Supremes give the “green light” to terminate DACA, most “Dreamers” by now have plausible cases for other forms of relief.
Many DACA recipients have never been in removal proceedings. If they have been here for at least 10 years, have clean criminal backgrounds, and have spouses or children who are U.S. citizens they can apply for “cancellation of removal.”
“Former DACA” recipients appear to be a “particular social group” for asylum and withholding of removal purposes. They are “particularized, the characteristic of having DACA revoked is “immutable,” and they are highly “socially distinct.” Many of them come from countries with abysmal human rights records and ongoing, directed violence. They therefore would have plausible asylum or withholding claims, or claims under the Convention Against Torture (“CAT”).
If ICE tries to use information voluntarily given by the Dreamers during the application process to establish removability or for any other adverse reason, that is likely to provoke a challenge that will be successful in at least some lower Federal Courts.
Safety in numbers.
There is nothing that Trump, Sessions, and the DHS can actually do to remove 700,000+ Dreamers.
The U.S. Immigration Courts are backed up for years, with nearly 700,000 already pending cases! Sessions is doing everything he can to make the backlog even worse. Dreamers will go to the “end of the line.”
Sure Sessions would like to speed up the deportation “assembly line” (a/k/a “The Deportation Railway”).
But, his boneheaded and transparently unfair attempts to do that are highly likely to cause “big time” pushback from the Federal Courts and actually “tie up” the entire system — not just “Dreamers.”
The last time the DOJ tied to mindlessly accelerate the process, under AG John Ashcroft, the Courts of Appeals remanded defective deportation orders by the basket-load for various due process and legal violations — many with stinging published opinions.
Finally, even former Attorney General Alberto Gonzalez (“Gonzo I”), hardly a “Due Process Junkie” had enough and slowed down the train. It took years for the “haste makes waste” Circuit Court remands to work their way back through the system. Some might still be hanging around.
Because the GOP White Nationalists and Trump read off of “restrictionist cue cards” that don’t take account of the law, facts, or history, the Dems should have a huge advantage here if and when individual “Dreamer” removal cases get to the Federal Courts.
Each “Dreamer removal case” should present the Democrats with excellent example of the cruelty, stupidity, and total wastefulness of the Trump/Sessions/DHS enforcement policies. Wasting money to “Make America Worse.” Come on, man!
Bottom Line:Trump and Sessions have created a “false Dreamer emergency” that they can’t escape without some help from the Democrats. If the Democrats see an opportunity to make a “good deal” for the Dreamers, they should take it. But, they shouldn’t trade the Dreamers for the harmful White Nationalist restrictionist agenda! Eventually, the problem will be solved in a way that is favorable for most Dreamers, regardless of what the White Nationalists threaten right now. The Dreamers might just have to hang on longer until we get at least some degree of “regime change.”
THE BIG IDEA: President Trump campaigned like a populist, but the budget he proposed Monday underscores the degree to which he’s governing as a plutocrat.
“This is a messaging document,” Trump budget director Mick Mulvaney told reporters at the White House.
Here are eight messages that the White House sends with its wish list:
1. Touching third rails he said he wouldn’t:
As a candidate, Trump repeatedly said he would never cut Medicare, Medicaid or Social Security.
Now he proposes cutting Medicare by $554 billion and Medicaid by around $250 billion over the next decade.
His plan includes new per-person limits on the amount of health care each Medicaid enrollee can use and a dramatic shift toward block grants, which would allow states to tighten eligibility requirements and institute work requirements that would kick some off public assistance.
Impacting the middle class, Trump also calls for cutting the subsidies that allow more than four in five people with marketplace health plans to afford their insurance premiums under the Affordable Care Act.
2. Scaling back support for the forgotten man:
Many displaced blue-collar workers in the Rust Belt took the president at his word when he promised to bring back their manufacturing jobs. But Trump’s budget calls for cutting funding for National Dislocated Worker Grants – which provides support to those who lose their jobs because of factory closures or natural disasters — from $219.5 million in 2017 to $51 million in 2019.
Also at the Labor Department, the president wants to slash support for the Adult Employment and Training Activities initiative, which serves high school dropouts and veterans, from $810 million last year to $490 million in 2019.
3. Giving up on a balanced budget:
Trump repeatedly promised that he would balance the budget “very quickly.” It turns out that a guy who has often described himself as the “king of debt” didn’t feel that passionately about deficits. Last year, he laid out a plan to balance the budget in 10 years. This year he didn’t even try. Trump now accepts annual deficits that will run over $1 trillion as the new normal.
Going further, the president also promised on the campaign trail that he’d get rid of the national debt altogether by the end of his second term. But his White House now projects that the national debt, which is already over $20 trillion, will grow more than $2 trillion over the next two years and by at least $7 trillion over the next decade. The administration repeatedly denied this in December as officials pushed to cut taxes by $1.5 trillion.
“After Ronald Reagan’s tax cuts in the 1980s, deficits exploded in the same range as Trump’s now, when calculated as a percentage of the economy, or gross domestic product. But Reagan’s famous ‘riverboat’ gamble came when the total national debt was a fraction of what it is today. Trump is pushing the envelope when debt is already near 80 percent of GDP, leaving far less room to maneuver if the economy turns downward,” David Rogers writes in Politico. “Economists and politicians alike don’t know what happens next. There’s all the edginess of breaking new ground. But also, as with Faulkner’s famous line, there is a sense that the past ‘is not even past.’ … Nothing now seems obvious, except red ink.”
Trump blames state of U.S. infrastructure on ‘laziness’ after WWII
4. Relying on fuzzy math:
Trump’s team knows full well that they’ll never get most of the spending cuts they’re proposing, but they’re using them to make the deficit look less bad than it really is. Just last Friday, the president signed into law an authorization bill that blows up the sequester and increases spending by more than $500 billion.
The White House also makes the unrealistic assumption that the economy will grow by more than 3 percent every year between now and 2024, which makes its projections for revenue growth rosier than they should be. No serious economist thinks that level of growth can be sustained. A recession seems probable in the next decade.
Senate Democrats noticed that Trump’s budget plan, if it was enacted, would actually result in a net decrease in federal spending on infrastructure. Chuck Schumer’s office identified more than $240 billion in proposed cuts over the coming decade to existing infrastructure programs, which is higher than the $200 billion Trump simultaneously proposed in new spending. “The cuts identified by Schumer’s office include a $122 billion reduction in outlays over the coming decade to the Highway Trust Fund, which pays for road projects and mass transit,” John Wagner reports. “Other proposed reductions would target an array of programs that fund rail, aviation [and] wastewater…”
In 1999, then-Texas Gov. George W. Bush denounced a House Republican plan to save $8 billion by deferring tax credit payments for low-income people. “I don’t think they ought to balance their budget on the backs of the poor,” he said at a campaign stop. “I’m concerned for someone who is moving from near-poverty to middle class.”
That sentiment seems quaint now. While Trump has never claimed the mantle of “compassionate conservatism,” his budget validates several of the negative stereotypes that Bush tried to shed.
Trump wants to cut $214 billion from the food stamp program in the next decade, a reduction of nearly 30 percent.
The budget shows Ben Carson has no suction at the White House. Despite his efforts, the secretary of housing and urban development was unable to stop Trump from reducing Section 8 federal housing subsidies by more than $1 billion, zeroing out community development block grants and eliminating a $1.9 billion fund to cover public housing capital repairs. The 14 percent cut at HUD is even deeper than what Trump proposed last year.
The budget cuts 29 programs at the Education Department, many of which are designed to help needy children – including after-school activities to keep kids off the street and a grant program for college students with “exceptional financial need.” Trump’s plan also gets rid of a tuition initiative that makes college affordable for underprivileged D.C. residents, who don’t have access to strong in-state universities.
Trump wants to neuter the Consumer Financial Protection Bureau by starving it of resources, limiting its enforcement power and changing its funding stream so that it’s more vulnerable to pressure from Wall Street.
He seeks to cut more than $2.5 billion from the annual budget of the Environmental Protection Agency, which is about a quarter of its spending. He’d eliminate funding for state radon-detection programs and end partnerships to monitor and restore water quality in the Gulf of Mexico, Puget Sound and other large bodies of water.
“Funding for the restoration of the Chesapeake Bay would fall from $72 million to $7 million, and a similar program for the Great Lakes would be cut from $300 million to $30 million — although neither would be wiped out,” Brady Dennis reports. “In addition, the Trump budget would eliminate — or very nearly eliminate — the agency’s programs related to climate change. Funding for the agency’s Office of Science and Technology would drop by more than a third, from $762 million to $489 million. And funding for prosecuting environmental crimes and for certain clean air and water programs would drop significantly.”
7. More guns, less butter:
Make no mistake, Trump is not calling for a reduction in the size of government. He seeks to spend $4.4 trillion next year, up 10 percent from last year. He’s calling for spending less on the homefront to cover a massive military buildup.
Trump asks for $716 billion in defense spending in 2019, a 13 percent increase. “The Trump plan provides more money for just about everything a general or admiral might desire,” Greg Jaffe notes. “The United States already spends more on its military than the next eight nations combined.”
Meanwhile, Trump proposes slashing the State Department’s budget by 23 percent. As Secretary of Defense James Mattis told Congress in 2013, when he was a Marine general leading Central Command: “If you don’t fully fund the State Department, then I need to buy more ammunition.”
Another campaign promise Trump is making good on: building his “Deportation Force.” The budget allocates $2.8 billion to expand immigration detention facilities so that 52,000 beds are always available, $782 million to hire 2,750 additional border agents, and $1.6 billion for the construction of 65 miles of border wall in Texas. (Whatever happened to Mexico paying?) He also adds $2.2 billion for the Secret Service to hire 450 more people.
Trump claims that U.S. has spent $7 trillion in the Middle East
8. Leaning in on privatization:
Trump wants to outsource as many public functions as possible to private, for-profit companies.
His budget calls for selling off scores of prized federal assets, from Reagan National and Dulles Airports to the George Washington Memorial Parkway and the Baltimore-Washington Parkway. “Power transmission assets from the Tennessee Valley Authority; the Southwestern Power Administration, which sells power in Arkansas, Kansas, Louisiana, Missouri, Oklahoma, and Texas; the Western Area Power Administration; and the Bonneville Power Administration, covering the Pacific northwest, were cited for potential divestiture,” Michael Laris reports. “It was not immediately clear what public or private entity might buy those roads, whether they might be tolled, or other details. Some state officials said they were uncertain about how their residents would benefit from such a proposal.”
The White House is re-upping its plan to shift the nation’s air traffic control system out of government hands, even though it went nowhere in Congress last year.
Finally, he wants to increase spending by more than $1 billion on privateschool vouchers and other school choice plans while slashing the Education Department’s budget by $3.6 billion and devoting more resources to career training, at the expense of four-year universities.
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Don’t be fooled by the “paper money” you might be making in the stock market (if you are one of the fortunate minority of Americans with money to invest). 2017 was one of the worst years in the history of American democracy, and 2018 promises to be even worse. Indeed, while American democracy has been resilient enough to stand up to Trump and the utterly corrupt GOP to date, they are now upping their attack. There is absolutely no guarantee that their plan to destroy our country and hand it over to an unholy mixture of Russian Oligarchs, Chinese Government Corporations, and greedy Capitalist plutocrats won’t succeed.
Donald Trump and today’s GOP are a clear and present danger to our national security and the future of our democracy!
“The Education Department has told BuzzFeed News it won’t investigate or take action on any complaints filed by transgender students who are banned from restrooms that match their gender identity, charting new ground in the Trump administration’s year-long broadside against LGBT rights.
It’s the first time officials have asserted this position publicly as an interpretation of law. No formal announcement has been made.
For nearly a year, the Trump administration took a less clear stance, with officials saying they were studying the issue. When the Education Department and Justice Department withdrew Obama-era guidance on transgender restroom access in February 2017, Trump’s officials said in a memo and court filings that they would “consider the legal issues involved.” Then last June, the Education Department issued another memo saying it was “permissible” for its civil rights division to dismiss a trans student’s restroom case. However, in those statements, officials never cemented their intent to reject all restroom complaints issued by trans students.
For the past three weeks, BuzzFeed News called and emailed Education Department officials attempting to pinpoint the agency’s position.
Finally on Thursday, Liz Hill, a spokesperson for the agency, responded “yes, that’s what the law says” when asked again if the Education Department holds a current position that restroom complaints from transgender students are not covered by a 1972 federal civil rights law called Title IX.
Asked for further explanation on the department’s position, Hill said Friday, “Title IX prohibits discrimination on the basis of sex, not gender identity.”
She added that certain types of transgender complaints may be investigated — but not bathroom complaints.
“Where students, including transgender students, are penalized or harassed for failing to conform to sex-based stereotypes, that is sex discrimination prohibited by Title IX,” Hill said. “In the case of bathrooms, however, long-standing regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”
The bathroom rule is the Trump administration’s latest step to rescind and undermine LGBT protections. Attorney General Jeff Sessions withdrew a policy protecting transgender workers, while he took the unusual step of jumping into a private lawsuit arguing that anti-gay discrimination was permissible in employment under federal law. Sessions has also argued religious business owners can refuse service to gay customers, even when anti-gay discrimination is banned by state law, and Trump has attempted to ban transgender people from all military service.”
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Homophobia, hate, White Nationalism, scoffing at the rule of law: that’s Jeff “Gonzo Apocalypto” Sessions and the rest of the alt-rightists (like DeVoss) who now represent the GOP. No wonder that these evil clowns were neck and neck in the balloting for the Worst Cabinet Member. Indeed, Gonzo is neck and neck with “John the Con” Mitchell for the worst AG of the “modern era.” And Gonzo hasn’t even been indicted (yet).
I just hope that decent folks will remember who’s pushing this agenda of hate and intolerance.
The Senate is set to begin debating immigration Monday evening, and in a rare occurrence for the upper chamber of Congress, no one is quite sure how that will go.
Late Sunday, a group of Republicans introduced a version of President Donald Trump’s proposal on how to handle the future of the Deferred Action for Childhood Arrivals program, which protected young undocumented immigrants who came to the US as children from deportation before Trump decided to terminate it. That is expected to be one of the amendments that will compete for votes this week.
Some things are known: McConnell teed up the debate early Friday morning, as he had pledged, immediately after the Senate voted to end a government shutdown. The bill McConnell chose was entirely unrelated to immigration, which he said he planned to do to allow a blank slate for proposals to compete for votes.
Let the debate begin
At 5:30 p.m. Monday, senators will vote on whether to open debate on the bill, a vote that is largely expected to succeed.
From there, a lot will be up to senators. Both sides will be able to offer amendments that will compete for 60 votes — the threshold to advance legislation in the Senate. It’s expected that amendments will be subject to that threshold and will require consent agreements from senators for votes, opening up the process to negotiations.
If a proposal can garner 60 votes, it will likely pass the Senate, but it will still face an uncertain fate. The House Republican leadership has made no commitment to consider the Senate bill or hold a debate of its own, and House Speaker Paul Ryan has pledged repeatedly to consider a bill only if President Donald Trump will sign it.
Different groups have been working to prepare legislation for the immigration effort, including the conservatives who worked off the White House framework and a group of bipartisan senators who have been meeting nearly daily to try to reach agreement on the issue. Trump has proposed giving 1.8 million young undocumented immigrants a pathway to citizenship in exchange for $25 billion for his long-promised border wall and a host of other strict immigration reforms.
The bill from GOP senators largely sticks to those bullet points, including sharp cuts to family-based migration, ending the diversity lottery and giving federal authorities enhanced deportation and detention powers.
Meanwhile, a bipartisan group of about 20 senators was drafting legislation over the weekend to offer perhaps multiple amendments and potentially keep the debate focused on a narrow DACA-border security bill. Multiple members of the group have expressed confidence that only such a narrow approach could pass the Senate — and hope that a strong vote could move Trump to endorse the approach and pave the way for passage in the House.
Advocates on the left may offer a clean DACA fix, like the DREAM Act, as well as the conservative White House proposal — though neither is expected to have 60 votes.
The move to hold an unpredictable Senate debate next week fulfills the promise McConnell made on the Senate floor to end the last government shutdown in mid-January, when he pledged to hold a neutral debate on the immigration issue that was “fair to all sides.”
Even Sunday, leadership aides weren’t able to say entirely how the week would go. The debate could easily go beyond one week, and with a scheduled recess coming next week, it could stretch on through February or even longer.
One Democratic aide said there will likely be an effort to reach an agreement between Republicans and Democrats on timing so that amendments can be dealt with efficiently, and, absent that, alternating proposals may be considered under time-consuming procedural steps.
“We just have to see how the week goes and how high the level of cooperation is,” the aide said.
Many Democrats and moderate Republicans were placing hope in the bipartisan group’s progress.
“We’re waiting for the moderates to see if they can produce a bill,” said the Senate’s No. 2 Democrat, Dick Durbin, on Thursday. “And considering options, there are lots of them, on the Democratic side. There’s no understanding now about the first Democratic amendment.”
Durbin said traditionally both sides have shared a few amendments with each other to begin to figure out the process’ structure. He also said the bipartisan group could be an influential voting bloc, if they can work together.
“They could be the deciding factor, and I’ve been hopeful that they would be, because I’ve had friends in those Common Sense (Coalition), whatever they call themselves, and reported back the conversations, and I think they’re on the right track.”
As she was leaving the Senate floor Friday night after the Senate voted to pass a budget deal and fund government into March, Maine Republican Sen. Susan Collins was optimistic about the preparedness of the bipartisan group she has been leading for the all-Senate debate.
“We’ll be ready,” she told reporters.
Oklahoma Republican Sen. James Lankford, who has been working both with the group introducing the White House proposal and the bipartisan group, said late Friday night that his plan is “to get things done.”
“It’s no grand secret that I have no problem with the President’s proposal; the challenge is going to be trying to get 60 votes,” Lankford said. “So I would have no issue with what (Sens. John) Cornyn and (Chuck) Grassley are working on and with the President supporting that, but I also want to continue to try finding out and see, if that doesn’t get 60 votes, what could.”
He said everyone is waiting to find out what happens next.
“Everybody’s trying to figure out the chaos of next week, and I’m with you,” Lankford said. “I don’t know yet how open the process is going to be. I hope it’s very open.”
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Fortunately, we can rely on Tal’s amazing up to the minute reporting and analysis to keep us abreast of what’s happening on the Senate floor and in the cloakrooms!
“WASHINGTON — The Justice Department’s No. 3 attorney had been unhappy with her job for months before the department announced her departure on Friday, according to multiple sources close to Associate Attorney General Rachel Brand.
Brand grew frustrated by vacancies at the department and feared she would be asked to oversee the Russia investigation, the sources said.
She will be leaving the Justice Department in the coming weeks to take a position with Walmart as the company’s executive vice president of global governance and corporate secretary, a job change that had been in the works for some time, the sources said.
Sources: Brand left DOJ over fear of overseeing Russia probe 3:40
As far back as last fall, Brand had expressed to friends that she felt overwhelmed and unsupported in her job, especially as many key positions under her jurisdiction had still not been filled with permanent, Senate-confirmed officials.
Four of the 13 divisions overseen by the associate attorney general remain unfilled, including the civil rights division and the civil division, over one year into the Trump administration.
While Brand has largely stayed out of the spotlight, public criticism of Deputy Attorney General Rod Rosenstein by President Donald Trump worried Brand that Rosenstein’s job could be in danger.
Should Rosenstein be fired, Brand would be next in line to oversee Special Counsel Robert Mueller’s investigation into Russia’s meddling in the 2016 election, thrusting her into a political spotlight that Brand told friends she did not want to enter.
The Justice Department pushed back on NBC’s report.
“It is clear these anonymous sources have never met Rachel Brand let alone know her thinking. All of this is false and frankly ridiculous,” said Justice Department spokeswoman Sarah Flores.
Brand has had a long legal career that has spanned several administrations, including under Democratic President Barack Obama and Republican George W. Bush.
In announcing her departure, Attorney General Jeff Sessions described Brand as “a lawyer’s lawyer,” noting that she graduated from Harvard Law School and clerked at the Supreme Court.
In the same statement, Brand said, “I am proud of what we have been able to accomplish over my time here.”
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Undoubtedly, the DOJ under Trump and Sessions has made some great strides in attacking the rule of law, undermining social justice, mal-administering the Immigration Courts, eroding the credibility of DOJ attorneys in court, and generally diminishing the quality and fairness of the justice system in the United States.
While those might give Rachel “bragging rights” over at Wal-Mart or in right-wing legal circles, I don’t see that they are anything to “write home about.” Hopefully, at some point in the future, having served as a politico in the Trump/Sessions DOJ will become a “career killer” for any future Government appointments.
But, in today’s topsy-turvy legal-political climate, it’s still a shrewd “self-preservation” move on Brand’s part. And, she’s somewhat less likely to be stomping on anyone’s civil rights over at Wal-Mart (although you never know when an opportunity to dump on the civil rights of the LGBTQ community, African-Americans, Latinos, immigrants, women, the poor, or to promote religious intelerance might present itself in a corporate setting).
Looking forward to more DOJ reporting from the super-talented Julia! I’ve missed her on the “immigration beat!”
“A week after he won the election, President Trump promised that his administration would round up millions of immigrant gang members and drug dealers. And after he took office, arrests by Immigration and Customs Enforcement officers surged 40 percent.
Officials at the agency commonly known as ICE praise Trump for putting teeth back into immigration enforcement, and they say their agency continues to prioritize national security threats and violent criminals, much as the Obama administration did.
But as ICE officers get wider latitude to determine whom they detain, the biggest jump in arrests has been of immigrants with no criminal convictions. The agency made 37,734 “noncriminal” arrests in the government’s 2017 fiscal year, more than twice the number in the previous year. The category includes suspects facing possible charges as well as those without criminal records.
Critics say ICE is increasingly grabbing at the lowest-hanging fruit of deportation-eligible immigrants to meet the president’s unrealistic goals, replacing a targeted system with a scattershot approach aimed at boosting the agency’s enforcement statistics.
ICE has not carried out mass roundups or major workplace raids under Trump, but nearly every week brings a contentious new arrest.
2:42
Trump said he would deport millions. Now ICE is in the spotlight.
The White House has said they are focused on deporting undocumented immigrants who “pose a threat to this country.”(Monica Akhtar/The Washington Post)
A Virginia mother was sent back to El Salvador in June after her 11 years in the United States unraveled because of a traffic stop. A Connecticut man with an American-born wife and children and no criminal record was deported to Guatemala last week. And an immigration activist in New York, Ravi Ragbir, was detained in January in a case that brought ICE a scathing rebuke from a federal judge.
“It ought not to be — and it has never before been — that those who have lived without incident in this country for years are subjected to treatment we associate with regimes we revile as unjust,” said U.S. District Judge Katherine B. Forrest, reading her opinion in court before ordering ICE to release Ragbir.
“We are not that country,” she said.
Immigrants whose only crime was living in the country illegally were largely left alone during the latter years of the Obama administration. But that policy has been scrapped.
Those facing deportation who show up for periodic “check-ins” with ICE to appeal for more time in the United States can no longer be confident that good behavior will spare them from detention. Once-routine appointments now can end with the immigrants in handcuffs.
More broadly, the Trump administration has given street-level ICE officers and field directors greater latitude to determine whom they arrest and under what conditions, breaking with the more selective enforcement approach of President Barack Obama’s second term.
Trump officials have likened this to taking “the shackles off,” and they say morale at ICE is up because its officers have regained the authority to detain anyone they suspect of being in the country illegally.
1:36
ICE arrests chemistry professor in U.S. for 30 years
Syed Ahmed Jamal was arrested by Immigration and Customs Enforcement agents Jan. 24 after living in the United States for more than 30 years.(KCTV5)
Officers are detaining suspects in courthouses more often, and ICE teams no longer shy from taking additional people into custody when they knock on doors to arrest a targeted person.
“What are we supposed to do?” said Matthew Albence, the top official in the agency’s immigration enforcement division, who described the administration’s goal as simply restoring the rule of law. If ICE fails to uphold its duties to enforce immigration laws, he added, “then the system has no integrity.”
In addition to arresting twice as many immigrants who have not been convicted of crimes, ICE also arrested 105,736 immigrants with criminal convictions, a slight increase. That figure includes people with serious or violent offenses as well as those with lesser convictions, such as driving without a license or entering the country illegally.
ICE’s arrest totals in Trump’s first year in office are still much lower than they were during Obama’s early tenure, which the agency says is partly because it is contending with far more resistance from state and local governments that oppose Trump’s policies. And the president’s repeated negative characterizations of some immigrant groups have created an atmosphere in which arrests that were once standard now erupt as political flash points.
Obama initially earned the moniker “deporter in chief” because his administration expelled hundreds of thousands of immigrants, including people with no criminal records. But when Republicans blocked his effort to create a path to citizenship for millions living in the country illegally, Obama curtailed ICE enforcement, especially for those without serious criminal violations. Those measures incensed Republicans — and eventually helped to propel Trump into office.
An estimated 11 million people are living in the United States without legal residency, and the new era of ICE enforcement has shattered the presumption that their social and economic integration into American life would protect them.
Because immigration records are generally secret, it is difficult to independently verify how federal agents decide to make arrests. Immigrant advocates and ICE often clash over immigration cases, and both sides frequently present incomplete versions of an immigrant’s case.
Last month, a college chemistry instructor in Kansas, Syed Ahmed Jamal, was taken into custody on his lawn while preparing to take his daughter to school. He arrived from Bangladesh 30 years ago and built a life in the United States. More than 57,000 people signed an online petition asking ICE to stop his deportation, describing him as a community leader and loving father.
An immigration judge placed a temporary stay Wednesday on ICE’s attempt to deport him, but the agency’s account of Jamal’s case is starkly different. ICE said he arrived in 1987 on a temporary visa. He was ordered to leave the United States in 2002, and he complied, but three months later, he returned — legally — and overstayed again. A judge ordered him to leave the country in 2011, but he did not. ICE said agents took Jamal into custody in 2012. He lost his appeal in 2013.
At first glance, Albence said, many of ICE’s arrests may seem like “sympathetic cases — individuals who are here, and who have been here a long time.”
“But the reason they’ve been here a long time is because they gamed the system,” he said.
Defenders of the tougher approach applaud ICE’s new resolve and say it is U.S. immigration courts — not ICE — that are determining who should be allowed to stay. And they reject the idea that the longer someone has lived in the country, the more the person deserves to be left alone.
“As someone who has practiced law for 20-plus years, I find strange the idea the longer you get away with a violation, the less stiff the punishment should be, and that your continued violation of the law is basis for the argument that you shouldn’t suffer the consequences of that violation,” said Matthew O’Brien, director of research at the Federation for American Immigration Reform, or FAIR, which backs Trump’s approach.
No statute of limitations
The furor that has followed recent ICE arrests reflects a deeper disagreement — not unlike the fight over young, undocumented “dreamers” — about the consequences that those in the country illegally should face.
Living in the United States without legal status is generally treated as a civil violation, not a criminal one. And many Americans, especially Democrats, do not view it as an offense worthy of arrest and deportation once someone has settled into American life.
But in the hyper-politicized atmosphere of the immigration debate, where the merits of these arrests are increasingly litigated in public, partisans now argue over each immigrant’s perceived worthiness to remain in the country, even when a full grasp of the facts is lacking.
When a 43-year-old Polish-born doctor in Michigan who came to the United States at age 5 was arrested last month, supporters rushed to his defense. ICE justified its decision by saying the doctor, who was a permanent legal resident, had had repeated encounters with local police and two 1992 misdemeanor convictions for destruction of property and receiving stolen items, crimes that under U.S. immigration law are considered evidence of “moral turpitude.”
Others who committed crimes long ago and satisfied their obligations to the American justice system have learned there is no statute of limitations on ICE’s ability to use the immigrants’ offenses as grounds to arrest and deport them.
When Ragbir, the New York immigration activist, was detained last month during a scheduled check-in with ICE, his supporters accused the agency of targeting him for retaliation.
But Ragbir is the type of person who is now a top priority for ICE. After becoming a lawful U.S. resident in 1994, he was convicted of mortgage and wire fraud in 2000.
Ragbir served two years in prison, then married a U.S. citizen in 2010. Immigration courts repeatedly spared him from deportation, but his most recent appeal was denied, and ICE took him into custody eight days before his residency was due to expire.
Ragbir was so stunned that he lost consciousness, court records show, and was taken to a hospital.
Former acting ICE director John Sandweg, who helped draft the 2014 memo that prioritized arrests based on the severity of immigrants’ criminal offenses, said the agency has resources to deport only about 200,000 cases a year from the interior of the United States.
“The problem is, when you remove all priorities, it’s like a fisherman who could just get his quota anywhere,” Sandweg said. “It diminishes the incentives on the agents to go get the bad criminals. Now their job is to fill the beds.”
Albence said the agency’s priority remains those who represent a threat to public safety or national security, just as it was under Obama. The difference now is that agents are also enforcing judges’ deportation orders against all immigrants who are subject to such orders, regardless of whether they have criminal records.
“There’s no list where we rank ‘This is illegal alien number 1 all the way down to 2.3 million,’ ” he said.
Albence said ICE prioritizes its caseload using government databases and law enforcement methods to track fugitives. But in the vast majority of cases, ICE takes custody of someone after state or local police have arrested the person.
This approach dovetailed with ICE’s enforcement emphasis on targeting serious criminals, and at first, the Obama administration and other Democrats embraced it. But activists protested that ICE was arresting people pulled over for driving infractions and other minor offenses at a time when Congress was debating whether to grant undocumented immigrants legal residency. Advocacy groups pushed cities and towns to become “sanctuary” cities that refused to cooperate with ICE.
ICE’s caseload far exceeds the capacity of its jails. In addition to the 41,500 immigrants in detention, according to the most recent data, the agency has a caseload of roughly 3 million deportation-eligible foreigners, equal to about 1 in 4 of the estimated 11 million undocumented immigrants nationwide.
More than 542,000 of those are considered fugitives, meaning they did not show up for their immigration hearings and were ordered deported, or they failed to leave the country after losing their cases. Nearly 2 in 3 were not considered a priority for deportation under Obama. They are now.
An additional 2.4 million undocumented immigrants are free pending hearings or appeals, or because the agency has not been able to deport them yet and the Supreme Court has ruled that such individuals cannot be jailed indefinitely. Nearly 1 million of this group have final deportation orders, including 178,000 convicted criminals.
They include the Michigan doctor and Ragbir, the New York activist.
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“It’s true that all these people are deportable, but that doesn’t mean they should all have equal value,” said Cecilia Muñoz, a former policy adviser to Obama who helped shape the administration’s tiered enforcement approach.
“By crowding the courts with all kinds of people, you’re creating a resource problem,” Muñoz said.
“If you apply that logic to local police forces, you’re saying that every robber and rapist is the same as a jaywalker. And then you’re clogging your courts with jaywalkers.”
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The Trump/Sessions/DHS “Gonzo” enforcement program that claims to be targeting criminals but actually busts lots of “collaterals” who are residing here peacefully and contributing to our society is a total sham. It has nothing to do with the “Rule of Law” or real law enforcement.
Unnecessary cruelty, wasting resources, arbitrariness, terrorizing communities, overloading already overwhelmed courts, and undermining the efforts of local politicians and law enforcement are not, and never have been, part of the “Rule of Law,” nor are they professional law enforcement techniques. They are part of the White Nationalist agenda to “beat up” on Latinos and other minorities, lump all immigrants in with “criminals,” stir up xenophobia, and throw some “red meat” to an essentially racist Trump/GOP “base.”
“By crowding the courts with all kinds of people, you’re creating a resource problem,” Muñoz said.
“If you apply that logic to local police forces, you’re saying that every robber and rapist is the same as a jaywalker. And then you’re clogging your courts with jaywalkers.”
Couldn’t have said it better myself!
As I say over and over, ICE under Trump is well on its way to becoming the most distrusted and despised “law enforcement” agency in America. That damage is likely to hamper their mission of legitimate enforcement well beyond the Trump era.
As some commentators have suggested, the only long-term solution might well be eventually dissolving ICE and turning the functions over to a new agency that will operate within the normal bounds of reasonable, professional law enforcement, rather than as a political appendage.
In the meantime, those who believe in American values and the true “Rule of Law,” should resist the out of control DHS at every step. While Trump and the GOP appear unwilling to place any limits on the abuses by the “ICEMEN,” Federal Courts have proved more receptive to the arguments that there are at least some outer limits on the conduct of law enforcement.
“GOP senators introduce version of White House immigration framework
By Tal Kopan, CNN
Updated 6:13 PM ET, Sun February 11, 2018
Trump proposes path to citizenship for 1.8M
Washington (CNN)A group of Republican senators on Sunday night released a version of President Donald Trump’s immigration proposal ahead of a floor debate on immigration this week.
The proposal is expected to be one of several amendments the Senate will consider this week as it debates immigration. Senate Majority Leader Mitch McConnell has used a bill unrelated to immigration as the starting point for the debate, which will allow senators to offer proposals that can compete for 60 votes to advance.
The bill from Republican Sens. Chuck Grassley, John Cornyn, James Lankford, Thom Tillis, David Perdue, Tom Cotton and Joni Ernst largely resembles what Trump has proposed.
At its base is still a resolution for the Deferred Action for Childhood Arrivals program, which has protected young undocumented immigrants brought to the US as children from deportation. Trump has decided to terminate the Obama-era program.
With DACA left out again, advocates figure out their next move
With DACA left out again, advocates figure out their next move
The White House proposal offered a pathway to citizenship for 1.8 million eligible immigrants, more than the 800,000 of whom registered for DACA in the five years of the program. In exchange, the White House sought upwards of $25 billion for border security and a wall, a number of changes to laws to make it easier to deport and detain immigrants, a substantial cut to legal immigration based on family relationships and an end to the diversity visa lottery.
The Grassley bill essentially makes those bullet points a reality, including the proposals that would toughen immigration enforcement and limiting family-based visas only to spouses and children under 18 years old — a vastly reduced number of eligible immigrants from the current system.
As proposed by the White House, the cuts to the family system and diversity lottery would be used to allow in the 4 million to 5 million immigrants already waiting years — and in some cases decades — in the backlog for visas. Cuts to yearly visas would only occur after that backlog is cleared, allowing Congress time to make reforms, the lawmakers said.
McConnell officially tees up immigration debate next week
McConnell officially tees up immigration debate next week
The bill is not expected to have 60 votes in support of it, the threshold required to advance legislation in the Senate. Democrats have uniformly objected to the cuts to family migration and have issues with the ending of the diversity visa without another way to support immigrants from countries that are otherwise underrepresented in immigration to the US. The so-called reforms to current immigration laws also face steep opposition.“
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Click the above link to see Tal on TV!
Unfortunately, “closing loopholes” is a euphemism for increasing unnecessary, expensive, and inhumane civil immigration detention (the “New American Gulag”).
It also involves denying due process to tens of thousands of “unaccompanied children” seeking protection for which many should qualify were they given a fair opportunity to obtain counsel, adequate time to document applications, and truly fair hearings in Immigration Court.
In plain terms, it’s a cowardly and disingenuous attack on the rights of the most vulnerable migrants. Hopefully there are enough legislators on both sides of the aisle committed to due process, human rights, and just plain human decency to expose and defeat these highly abusive and dishonest parts of the GOP proposal.
“Washington (CNN)As the ink dried Friday on a major budget compromise deal in Congress, immigration advocates were taking stock of getting left behind — again — without a resolution for hundreds of thousands of young undocumented immigrants on the verge of losing protections.
It’s an open question if there are cards left to play in the push to enshrine the Deferred Action for Childhood Arrivals policy into law. While no advocates say they are giving up, many also openly admit that Democrats and allies gave up their best negotiating position on the issue without another clear avenue coming up.
In the meantime, a pending court decision on DACA, which President Donald Trump is terminating, means the immigrants protected by it and who mostly have never known another country than the US, won’t begin losing their protections as planned on March 5 — but their fate could be reversed at any moment by another court decision.
Rep. Luis Gutierrez, an Illinois Democrat who has long served as one of the most outspoken advocates in Congress for immigration reform, was pessimistic with reporters early Friday morning as Congress passed the deal with virtually every Democratic priority except DACA in it.
“No, I don’t, I don’t,” he said when asked if there was any other way Democrats could exert leverage on the issue. Gutierrez said the plan from the beginning was to either attach a DACA compromise to the must-pass budget deal or raising the debt ceiling, both of which were passed in the early morning hours Friday without DACA. Arizona Democrat Raul Grijalva called the episode “disheartening.”
close dialog
“We have decoupled the issues. Your leverage is you want them one and the same,” Gutierrez said. “Do we need a new way forward? Yeah, we’re going to figure out a new way forward.”
There is one glimmer of hope for advocates. Senate Majority Leader Mitch McConnell made good on his promise to tee up an immigration debate on the Senate floor next week. Moments after the Senate passed the deal, McConnell filed to have a vote to open debate on an unrelated bill Monday evening — which will kick off a process where an as-yet-unknown number of amendments will be able to compete for a procedural threshold of 60 votes to then pass the Senate.
It was that promise that put in motion the deal that eventually severed DACA from other negotiations but also offers a rare opportunity for lawmakers to compete on a neutral playing field for bipartisan support.
“We’re pivoting, what can you do?” said longtime advocate Frank Sharry, executive director of the pro-immigration group America’s Voice. “We’ve had our doubts about the viability of a standalone legislative process but that’s what we’re left with, so we’re hoping to make the most of it. … That will put pressure on the President and the House to do the same.”
Already, groups of lawmakers are preparing for the floor debate, even as it remains unclear how many amendments will be offered, how debate will be structured and how long it might last.
A group of roughly 20 bipartisan senators is drafting legislation over the weekend to offer perhaps multiple amendments and potentially keep the debate focused on a narrow DACA-border security bill. Advocates on the left may offer a clean DACA fix like the Dream Act, and some on the right are drafting a version of the White House proposal that would include $25 billion for a border wall and heavy cuts to legal immigration with a pathway to citizenship — though neither is expected to have 60 votes.
“First of all, we have the Senate procedure, which is my hope. We’re working with the (bipartisan group) to see if we can come to a two-pillar solution,” said Sen. Bob Menendez, a New Jersey Democrat who has long worked on the issue, when asked Thursday what comes next for DACA. “Hopefully we could gather 60 votes for that. And then that would be it — we’d resist everything else, any other amendments, and then go back to the House and create all the pressure in the House to make it happen.”
Step 2: Pressure Ryan
If the Senate can pass a bill, lawmakers hope Trump will fully embrace it, freeing House Speaker Paul Ryan to call it up.
Already as the budget deal was on track for passage, House advocates began a pressure campaign to urge Ryan to make a promise like McConnell — though Ryan continually demurred and insisted instead he’s committed to the issue of immigration and passing a bill the President can support.
“I think we have to be realistic,” said Arizona’s Democratic Rep. Ruben Gallego. “We’re going to have to deal with reality and find whatever means possible to put pressure on Speaker Ryan and the Republican Party to bring, again, a fair vote on the Dream Act to the floor.”
“I think for me the strategy has to be pressure Ryan and bring it to the floor,” Grijalva said, adding the process should allow any proposal to vie for a majority — even if it doesn’t have a majority of Republican votes. “The Senate, when they gave up on not voting for it, at the very minimum extracted a time certain and a debate on something. We don’t even have that.”
Democrats also may have some Republican supporters in the House to pressure Ryan. A bipartisan group of lawmakers that includes two dozen Republicans sent a letter to Ryan asking to open a floor debate like McConnell.
Republican Charlie Dent of Pennsylvania said he’s been urging fellow moderates to use their numbers the way that conservatives on the right flank do.
“The Freedom Caucus has been effective because they’ll use their power of 24 (votes to deny a majority), and they take the hostage, they’ll do what they have to do,” Dent said. “I tell our members, we put our votes together, we can really direct an outcome. … I suspect if the Senate sends us a bipartisan DACA bill, that’s when we’re going to have to flex our muscles.”
But others have doubts. Republican Sen. Marco Rubio of Florida, a member of the bipartisan group, says he learned his lesson in 2013, when he co-authored legislation that passed the Senate with wide margins but died in the House.
“There are some who believe that if we get a bunch of votes it’ll force the House to do it. I don’t agree,” Rubio said. “We could vote on it 90-10. … This notion that the House is going to listen to what a senator tells them to do is not real.”
Step 3: Other leverage
If the legislative process can’t produce success, advocates say, they will look for any other leverage points they can.
“If that doesn’t work out, then there’s still an omnibus at the end of the day,” said Menendez, referring to the spending bills due in March to fund the government under the topline two-year budget deal passed Friday.
But Gutierrez doubted that approach — scoffing at the idea that Democrats would be taken seriously if they threatened to withhold their votes yet again without success.
“Really?” Gutierrez said about the omnibus as leverage. “Is it plausible? Is it realistic? Can you continue to threaten with something?”
Other options could include a temporary, one-year or two-year extension of DACA without a permanent solution, though lawmakers have decried that option.
Still, many aren’t ready to give up hope.
“This President clearly wants to get it done, I think the majority of Republicans want to get it done and the majority of Democrats want to get it done. Can we reach that balance? We can get there, I feel very confident we can get there,” said Florida’s Republican Rep. Mario Diaz-Balart.”
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Although it should be a “no brainer,” I’m not as confident as Rep. Diaz-Balart that this group can “get to yes.” A fair resolution of the “Dreamers” situation just isn’t very high on the GOP agenda, particularly in the House. And, both the Dreamers and the Dems are coming to grips with the obvious reality: if you want to set or control the agenda, you have to win elections!
We need Julia Preston to lock these folks in a room for awhile!
Miriam Valverde, Politifact, Jan. 31, 2018 – “President Donald Trump in his State of the Union address called for tighter control of legal immigration and for an end to “chain migration.” “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives,” Trump said Jan. 30. “Under our plan, we focus on the immediate family by limiting sponsorships to spouses and minor children.” … But there is a long queue for certain relatives seeking to come through family sponsorship. For brothers and sisters of U.S. citizens, the waiting period for a visa is over 13 years. … But there are limits on the number of visas issued per year per family category. More than 3.9 million people were in line for a visa as of Nov. 1, 2017, according to the U.S. State Department. Brothers and sisters of adult U.S. citizens fall under a “fourth-preference” category, which had 2.3 million people waiting for a visa — the wait period is over 13 years for immigrants from most nations, but even longer for some countries with heavy demand, such as Mexico and the Philippines. Siblings in the Philippines would have to wait at least 23 years for a visa, and Mexican siblings at least 20 years. “As a practical matter, because of these long backlogs there is not as much chain migration as President Trump claims,” said Stephen W. Yale-Loehr, a professor of immigration law practice at Cornell Law School. Trump said “a single immigrant can bring in unlimited numbers of distant relatives.” … Trump’s statement contains an element of truth but ignores critical facts that would give a different impression. We rate it Mostly False.”
Philip Bump, Washington Post, Feb. 6, 2018 – “As is so often the case with his discussion of immigrants, President Trump’s State of the Union description of “chain migration” — the process by which people in the United States can sponsor family members to join them — was long on fearmongering and short on accuracy. “The fourth and final pillar protects the nuclear family by ending chain migration,” Trump said of his multipart immigration restructuring proposal. “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives. Under our plan, we focus on the immediate family by limiting sponsorships to spouses and minor children. This vital reform is necessary, not just for our economy, but for our security and our future.” The idea that curtailing a process to bring in members of an immigrant’s nuclear family protects the nuclear family is one thing. But there is simply no way to defend the claim that “a single immigrant can bring in virtually unlimited numbers of distant relatives.” … Immigrants can’t come to the United States and sponsor 20 cousins who arrive four months later, the sort of ease-of-entry that Trump and the White House seem to imply. At best, an immigrant could bring in a spouse or child — after likely waiting an extended period for that application to be approved. “You’re looking at years and years of waiting in this legal line,” [past president and past general counsel of the Washington, D.C.-based American Immigration Lawyers Association (AILA), David W.] Leopold said. “For anyone to say that the continuation of sponsorship based on family relationship is going to lead to an influx of people is either lying or doesn’t understand how the system works.” “
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Go on over to LexisNexis at the above link to get further links to the full articles. Many thinks to Dan for getting “the truth” assembled into one convenient blog.
http://www.cnn.com/2018/02/08/politics/bipartisan-senators-immigration-bill/index.html
Bipartisan group of senators scrambling to draft immigration bill
By Ashley Killough and Tal Kopan, CNN
A bipartisan group of roughly 20 senators that’s been huddling behind closed doors for weeks is furiously working to draft a bill that they can propose during an expected floor showdown on immigration next week.
If they are successful, it would mean at least one-fifth of the Senate would have established an influential voting block to shape the debate over immigration and the Deferred Action for Childhood Arrivals program.
Emerging from one of their closed-door meetings Thursday, senators said multiple members are drafting language for compromise legislation, though they acknowledged they still don’t have a consensus yet.
Sen. Claire McCaskill, D-Missouri, said she would be “shocked” if they didn’t end up introducing their plan next week.
Republican Sen. Susan Collins of Maine, who hosts the meetings in her office on a near-daily basis, said there will “probably” be more than one proposal that emerges from their recent talks that could serve as amendments during next week’s debate, though she added it’s “too early to tell.”
Senate Majority Leader Mitch McConnell is expected to bring up immigration next week in a rare neutral Senate floor debate. The Republican has pledged to allow for amendments from both sides, but it’s still unclear how many amendments either side will be able to offer. And the expectation is any proposal would need 60 votes to succeed, a high bar that may make a major immigration compromise unlikely.
Other groups of senators are expected to introduce amendments as well. The White House also has its own framework, and Senate Majority Whip John Cornyn confirmed this week that some Republican lawmakers are working to draft a version based on those bullet points.
The bipartisan group of roughly 20 lawmakers, which calls itself the Common Sense Coalition, is aiming to operate as a voting bloc that can help steer the debate. Sen. Bob Menendez, D-New Jersey, who is working with members of the group said the goal would be to get 60 votes on the bipartisan amendment, and “then that would be it, we’d resist everything else, any other amendments.”
It’s unclear just how many members will make up the coalition in the end. The group could be influential if they vote as a unit, though it’s not clear that everyone would get on board. Sen. Chris Coons, D-Delaware, said the number of supporters they have depends on the contours of the proposal. In their negotiations, sometimes a proposal will garner 30 members, while a different proposal will have 20 or 40.
“The challenge with immigration is it’s a very broad range of concerns,” he said.
Republican Sen. James Lankford of Oklahoma cautioned that a final deal hasn’t been reached yet. “It’s one thing to edit concepts, it’s another thing to look at language and go, ‘no this doesn’t work,’ and then try to make adjustments from there,” he told reporters.
While the White House wants an immigration bill that focuses on four key pillars — increasing border security, resolving DACA, ending the visa diversity lottery, and heavily curtailing family-based immigration, or chain migration, as they call it, multiple senators stressed that a bill has little chance of passing unless it narrows to just two of those pillars: DACA and border security.
“I think a lot of people are learning that immigration’s complicated. The more we try to do, the more unanswered questions emerge,” said Republican Sen. Marco Rubio, who was part of a different group of senators that pushed a much larger immigration bill in 2013. It was passed by the Senate but went nowhere in the House.
Like Rubio, Coons also endorses the concept of a narrower bill. “The challenge is, there’s lot of other proposals that the White House and others want to address,” he said.
The clock, however, is ticking, and the group is hoping to strike a final deal by Monday or Tuesday, roughly when McConnell is expected to kick off the amendment process.
“We don’t have any choice, right?” said Sen. Jeanne Shaheen, D-New Hampshire. “Next week’s coming.”
http://www.cnn.com/2018/02/08/politics/budget-deal-anger-daca/index.html
Anger rises from left as DACA left out of budget deal again
By: Tal Kopan, CNN
As a massive bipartisan budget deal moved towards a vote Thursday, temperatures were rising on the left, where Democrats were fuming that — once again — immigration was being left behind.
“Anyone who votes for the Senate budget deal is colluding with this President and this administration to deport Dreamers. It is as simple as that,” said Illinois Rep. Luis Gutierrez, a longtime Democratic advocate of immigration reform. Pro-immigration advocacy groups were sending similar messages to Democratic offices as well.
Democrats on the left, especially members of the Congressional Hispanic Caucus, were frustrated to see a budget deal negotiated that resolved virtually every Democratic priority except a resolution for the Deferred Action for Childhood Arrivals program, a policy that protected young undocumented immigrants who came to the US as children that President Donald Trump decided to terminate in September.
The Senate is expected to pass the bill Thursday and send it to the House attached to a continuing resolution to fund the government into March. Government funding expires Thursday at midnight.
The pushback was strong enough that House Minority Leader Nancy Pelosi, who was involved in negotiating the compromise, was so moved by the frustration when she presented the deal to her caucus that she took the House floor for a record-breaking eight hours straight on Wednesday, reading stories of DACA recipients.
But that wasn’t enough to satisfy some of her base, and the leadership team sent conflicting messages, saying they weren’t whipping the bill Wednesday, then sending a whip notice to vote no on Thursday. Pelosi also sent a “dear colleague” letter saying Republicans will need Democratic votes to pass the deal in the House and urging her caucus to “be heard,” though not necessarily block its passage.
“House Democrats have a voice here and we must be heard,” Pelosi wrote. “These are the reasons I am voting against this bill.”
But earlier Thursday, Pelosi called it a “good bill” and said she “fought very hard for many of the things that are in there,” even as she said she wouldn’t vote for it.
Pelosi also told members of her caucus planning to vote “yes” on the budget deal not to telegraph those positions in order to maintain leverage, according to two Democratic sources.
Even so, most everyone in Congress believed that the bill had enough votes to pass the House, even among Democrats.
“I think it’s very important for DACA that there be a significant presence of votes against whatever comes over, and not just for DACA, there’s other reasons (to oppose the deal),” said Rep. Raul Grijalva, an Arizona Democrat and Hispanic caucus member. “But I anticipate that if 30, 40 Democrats vote for it, it would pass.”
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I can definitely see some House Democratic “protest votes” over the DACA omission. What I can’t see is House Dems joining the “Bakuninists” in the GOP to shut down the Government again.
“Earlier this week, the Dow Jones Industrial Average plummeted a record-setting 1,597 points, the biggest point decline in history during a single trading session. Donald Trump, who has patted himself on the back for gains in the stock market on a near daily basis since becoming president, was uncharacteristically silent on the matter, while the White House suddenly claimed it was focused on the long-term health of the economy, rather than short-term market fluctuations. However, given his uniquely thin skin, not to mention the fact that the Dow dared to take a nosedive in the middle of one of his speeches, it was only a matter of time before the president weighed in on the matter.
What we expected: perhaps an angry rant sent from his bed in the East Wing, or maybe a targeted attack on one of the many experts who have said, more or less, that he was a fool for tying himself to the market. (Trump may “fancy himself a great expert,” Horizon Investments chief global strategist Greg Valliere told me, but “the markets are . . . tricky and they’re really humbling. Not to be cliché, but you live by the sword and you die by the sword.”) But never in our wildest dreams did we imagine Trump’s counterattack would be something so magnificent as this:
It’s only one tweet. But there’s so much to appreciate:
When Trump says the stock market went down because of “good news,” what he’s referring to is the fact that many have attributed Monday’s drop (as well as last Friday’s) to the strong U.S. employment numbers which, among other things, are leading traders to fear higher wage demands and rising inflation, at a time when the economy is getting a giant, yuuuge stimulus in the form of the tax cuts. Trump was actually warned by a lot of people, who he didn’t listen to, that given where unemployment was—at a multi-year low—and the relative strength of the economy, now was the exact wrong time for a stimulus. (“Passing the tax reform bill is like throwing a small cup of gasoline on a fire that’s already burning,” one expert said.) But he did it anyway, because he’s stupid, and now the markets are worried about a recession (which Trump was also warned about).
You know he has literally no idea how modern financial markets operate and that his basis for the stock market is a bunch of guys holding up little pieces of paper and shouting on the floor of the stock exchange.
Isn’t it great that Trump believes he can bully and intimidate the “Stock Market” like he does his political enemies? What’s he going to do to the “Stock Market”? Fire it? Send it back to its country of origin? Demand it produce its long-form birth certificate?
We’re calling it now: the president is one indignity away from giving the stock market a derogatory epithet. Watch your back, Liddle Stock Market! Fake Tears Stock Market! Low Energy Stock Market! Sad!
Trump (probably) won’t get another shutdown, after all
On Tuesday, the president of the United States said that he’d “love” to see the federal government shut down should Democrats fail to give him what he wants re: cracking down on illegal immigration. But for once, lawmakers do not seem inclined to oblige him. On Wednesday, Senate leaders announcedthat they’d reached a bipartisan spending agreement. And not just anyspending agreement, but a real deficit-buster that will raise spending caps by roughly $300 billion over the next two years. According to The New York Times, the limit imposed on military spending—by a 2011 deal “once seen as a key triumph for Republicans”—will be increased by $80 billion for the current fiscal year and $85 billion for the next one. Nondefense spending will increase by $63 billion this year and $68 billion next year. And while most Republicans have long since given up pretending to care about “fiscal responsibility,” not everyone is pleased.
Jason Pye, vice president FreedomWorks, told the Times that the deal “isn’t just fiscally irresponsible, it’s an abomination,” adding that “no one in Congress who claims that they’re a deficit hawk or a fiscal conservative can justifiably vote for [it].” Freedom Caucus leader Jim Jordan was practically in tears over the idea that Paul Ryan, whom he thought he could trust, would betray his Ayn Randian ideals in such a heinous fashion. Calling the agreement a “monstrosity,” he fumed to Politico “I just never thought that Speaker Ryan—with his history and his background in budget issues, and his concern with the debt and deficit issue—I just never thought that this would be something that the Congress would put forward.” Freedom Caucus member Mo Brooks likewise told reporters, “I’m not only a no; I’m a hell no,” and basically compared the deal to a narcotic: “This spending bill is a debt junkie’s dream,” he said. “Quite frankly, I’m astonished that the Republican Party seems to be the party of big government in this day and age.”
Nancy Pelosi also said she wouldn’t support the budget, but for reasons that Jordan would sooner spit in his mother’s face than get behind. From the House floor, Pelosi said that without an accompanying commitment from Ryan or Mitch McConnell to debate legislation to protect Dreamers, “[the] package does not have my support, nor does it it have the support of a large number of members of our caucus.”
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Read the rest of the “Levin Report” at the link.
Another “right on” observation:
“You know he has literally no idea how modern financial markets operate and that his basis for the stock market is a bunch of guys holding up little pieces of paper and shouting on the floor of the stock exchange.”
Kind says it all about what Trump voters and the GOP are doing to America. Ignorance, arrogance, bullying, incoherence, irrationality — what more could we ask for in a “Supreme Leader?” Let’s celebrate with a big (expensive) parade!
“Congress now appears likely to reach a budget deal to keep the government functioning without treating as bargaining chips hundreds of thousands of young undocumented immigrants brought to the United States when they were children. It also appears, though, that President Trump will consider undoing his threat of deportation for these young “Dreamers” only if Congress considers the first deep cuts to legal immigration since the 1920s.
The changes the president is demanding stem from a nativist, zero-sum view that what’s good for immigrants is bad for America. That view runs counter not just to the best of American tradition and principles, but to evidence of what’s best for the country.
The programs targeted by Mr. Trump are designed to make legal immigration more diverse and humane. One is the lottery system that offers the chance for visas to people from countries that are underrepresented as sources of American immigrants; the other is family-based immigration, which offers visas to close relatives of citizens and legal residents.
Mr. Trump, who has regularly smeared immigrants as terrorists and criminals, has lately been focusing his fear-mongering on the diversity visa program. Last month, his Department of Homeland Security released a report that dishonestly claimed that those who entered the country via the lottery were more likely to be tied to terrorist attacks. The Cato Institute found that lottery visa holders actually killed only eight of 3,037 Americans murdered by foreign-born terrorists since 1975. The immigrants chosen in the lottery, moreover, are not chosen “without any regard for skill, merit or the safety of our people,” as Mr. Trump said in his State of the Union address. They must have at least a high school education or two years of experience in skilled work, and they must also undergo criminal, national security and medical checks. The 50,000 recipients of the visas are not guaranteed permanent residence, only a chance at getting through the rest of the immigration process.
Mr. Trump has said that the family reunification program — which he and other immigration opponents prefer to call “chain migration” — opens the floodgates to “virtually unlimited numbers of distant relatives.” In fact, relatives other than spouses, parents and minor children are subject to annual caps and country quotas, so that, today, the backlog is almost four million applicants, most of them facing many years of waiting to get a visa. Mr. Trump would allow no new applicants other than immediate family members, and even these would no longer include parents. Imposing these restrictions and ending the diversity visa lottery would cut in half the number of legal immigrants.
It is hard to gauge how much of what Mr. Trump says is meant as a scare tactic and how much he really will demand. The one notion that runs through all he says or tweets about immigration is that it is a door for criminals and terrorists to enter the United States. Yet data studied by the Cato Institute indicates that diversity-visa holders and illegal immigrants, the groups most maligned by Mr. Trump, are far less prone to crime than native-born Americans.
Politicians have wrestled for decades with how to deal with immigrants who are in the United States illegally — now around 11 million people. But immigration in itself has been widely regarded as good for America and for the American dream. The preponderance of evidence shows that immigrants help the economy grow. They are more likely to own businesses or to start businesses than the native-born; of the 87 privately held companies currently valued at more than $1 billion, 51 percent had immigrant founders.
There are questions worth examining and debating about whether the United States ought to admit more skilled immigrants and what criteria it uses to screen applicants. But such a debate can’t unfold in the shadow of Mr. Trump’s threat to imminently expel the Dreamers. So what is Mr. Trump really after?
A Gallup poll last June found 62 percent of Americans support maintaining current levels of immigration or even increasing them. And since the country is at nearly full employment, the timing of these anti-immigrant demands might seem odd. Yet it’s no more odd than the president’s tough-on-crime talk at a time when crime is lower than it’s ever been, or his obsession with Islamist terrorists, even though the Government Accountability Office found that right-wing extremists have committed far more domestic attacks against Americans since 2001. Mr. Trump’s approach seems intended less to rationalize the immigration system than to inflame his core supporters by demonizing nonwhite people, as he did when he disparaged immigrants from nations like Haiti and Mexico while praising Norwegians.
Members of Congress know better, and they are aware that there are sensible measures that would clear the immediate hurdle and produce a bipartisan deal. Senators John McCain, the Arizona Republican, and Chris Coons, Democrat of Delaware, have offered a stopgap bill that would end the threat to the Dreamers while strengthening border security. Nothing about diversity visas or family-based migration, nothing for the wasteful wall.
That makes sense. The way we deal with legal immigration should not be changed without a thorough, honest debate.
Follow The New York Times Opinion section on Facebook and Twitter (@NYTOpinion), and sign up for the Opinion Today newsletter.”
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When policies are driven by White Nationalism, racism, and the need to throw “red meat” to a base that has abandoned inclusiveness, humanity, and “enlightened self interest,” there isn’t much room for rationality, facts, or the common good. Unfortunately, that’s a description of the modern GOP.
As lawmakers announced a budget deal that would address many of the issues stymieing Washington — with the key exception of immigration — House Democrats on Wednesday were feeling the heat.
Minority Leader Nancy Pelosi took to the House floor Wednesday to warn she would not support the burgeoning deal without a commitment from House Speaker Paul Ryan that the Republican-controlled House would hold a debate and vote on immigration legislation as his Senate counterpart Mitch McConnell has pledged, setting up a potential standoff.
The two-year deal that leadership announced on the Senate floor would set domestic and defense spending levels, push back the debt limit and resolve some outstanding issues Democrats have pushed for like support for community health centers and disaster relief money.
But left out of the deal would be a resolution for the Deferred Action for Childhood Arrivals policy that Trump is ending — and House Democrats have long been steadfast they would not support government funding without it.
The Senate is close, nevertheless, to sending the deal to the House with a continuing resolution that would fund the government into March, squeezing Democrats to risk rejecting a budget compromise over DACA alone, a position they have actively sought to avoid. Democratic votes in the House haven’t been necessary to pass continuing resolutions this year, but a number of House conservatives are expected to oppose the budget deal because of the domestic spending levels. That will force Democrats’ hand.
“The budget caps agreement includes many Democratic priorities,” Pelosi said in a statement. “This morning, we took a measure of our caucus because the package does nothing to advance bipartisan legislation to protect Dreamers in the House. Without a commitment from Speaker Ryan comparable to the commitment from Leader McConnell, this package does not have my support.”
Some Democrats were already backing up Pelosi as the deal was announced Wednesday afternoon.
California Rep. Eric Swallwell said while he supports a DACA fix, his concern was more about the size of the deal.
“I still have a real problem dramatically increasing the caps, adding to the deficit, when we just added $2 trillion for the tax plan. So if (Republicans) want to roll back their tax cuts so that we don’t have such a deep, deep deficit, I would be more receptive to that,” Swallwell said.
Congressional Hispanic Caucus member and California Democratic Rep. Nanette Diaz Barragán said Democrats should not accept a funding deal without what they’ve asked for.
“No, I think that we aren’t using all the leverage we have and that’s a disappointment and I won’t support it,” she said. “We as a caucus have talked about making this one of our leverage points and using this as a leverage point. I hope that we continue to do that.”
But the objection wasn’t universal, and the mood in a House Democrat caucus meeting this morning that convinced Pelosi to speak on the floor was split, according to a Democrat in the meeting. Some were “understandably upset” about not including DACA recipients and there was “generally a lot of frustration.”
But others raised questions, asking, “What is our plan? What is our message? How are we going to win this?” After the last shutdown members are still unclear on the path forward and expect the Senate to pass this, leaving them little room. The source said there is a lot in the deal that many Democrats support, including the increase in domestic programs.
This source told CNN “a lot of people are going to vote for it. It’s not a situation where we can hold all our members.”
It’s unclear if Democratic leadership will whip against the bill. Asked Wednesday if leadership is instructing its members any particular way, House Democratic Caucus Chairman Joe Crowley demurred.
“People in our caucus will do what they think is in the best interests of their constituents and for the country,” Crowley said.
And Crowley didn’t commit to supporting or rejecting the deal.
“There is more to this deal than the issue of immigration,” he said, referencing the disaster relief money, in particular. “It is very complex. This There? is much more to this than simply one-off issues. And we’ll have to look at that in totality.”
Unlike recent past government funding deadlines, House Democrats have been holding their fire in pressuring their Senate colleagues to reject a deal that doesn’t address DACA. That has largely been because of McConnell’s promise to turn to a “fair” process on immigration after February 8, when the deadline comes.
“It’s hard, because we want them to be clear that this is reckless by the Republicans, but we are also clear that they want to keep the Senate and Congress moving so they have an opportunity, not just at getting a full year (funding) — stop doing (continuing resolutions) — but also to deal with other issues including DACA, by getting a vote on something,” said on Tuesday.
The Congressional Hispanic Caucus has been one of the loudest voices for rejecting funding without an immigration deal, even marching from the House side to Senate Minority Leader Chuck Schumer’s office in December to urge him to hold the line. That pressure isn’t there this time.
“I don’t sense any,” said Arizona Democratic Rep. Raul Grijalva, a member of the caucus. But, he added, there’s “some trepidation” about the Senate process because of what could be added to a neutral bill — both in the Senate and the House.
“This has been the black hole for immigration, the House of Representatives, since I’ve been here, 15 years, and nothing comes out of here, and whatever goes to conference, if the House leadership has any say, it will get uglier,” Grijalva said.
But while Democrats were keeping their powder dry on a continuing resolution, as talk of the caps deal being near circulated, one Democratic House member said on condition of anonymity to discuss dynamics, that began to change. Tuesday night and Wednesday morning brought a flurry of communications between members, the lawmaker said.
“There is more support than yesterday on holding the line,” the member said Wednesday. “We shouldn’t negotiate the caps away without a DACA fix.”
CNN’s Phil Mattingly, Deirdre Walsh and Sunlen Serfaty contributed to this report.”
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I can’t see any “Bipartisan Dreamer Bill” along the lines being discussed in the Senate that will be able to pass the House as long as the GOP is in charge and Paul Ryan is the Speaker.
I also don’t see a “House Dreamer Bill” passing. The “Goodlatte Bill” — favored by many in the GOP –is so miserly in its Dreamer protections and has so much of the Administration’s White Nationalist restrictionist agenda attached that all or almost all Democrats and probably a “good-sized chunk” of “moderate” Republicans are likely to be able to defeat it.
But, while the Democrats and the GOP moderates in the House might be able to come up with a more reasonable proposal that actually could pass, like the Hurd-Aguilar Bill, under the “Hastert Rule,” Speaker Ryan won’t bring it to the floor for a vote because the bill would rely on a majority of Democrats for passage.
Given the foregoing scenarios, I don’t see where forcing another shutdown gets the Democrats. With the GOP and the White House opposed to including a narrower “Dreamers-Border Security Only” (only two of Trump’s “four pillars”) in a Budget Agreement, there isn’t a feasible “end game” for the House Democrats. They could force a shutdown, but I don’t think they will be able to force the GOP to include Dreamer protection in a Budget deal. So, ultimately, they will have to “fold,” as has happened in the past.
So, what’s the best result I could see for the “Dreamers” right now: 1) eventually getting a “temporary extension” of DACA from Congress, or 2) an “indefinite hold” on DACA recision from the Federal Courts (which wouldn’t preclude the Administration from going through a “Notice and Comment” regulatory process to repeal DACA). Either of those would only help those who qualify for the current DACA program — not the “expanded DACA” group. Either way, permanent relief for the Dreamers is likely to require “regime change” at least at some level.
“Top Senate leaders said Tuesday that they were approaching a sweeping two-year deal to increase federal spending, which would clear a legislative roadblock that has kept Congress spinning its wheels for months.
Despite the optimism, no final agreement was in hand with less than three days until a Thursday midnight deadline, and even as congressional leaders were projecting optimism, President Trump was raising tensions by openly pondering a shutdown if Democrats did not agree to his immigration plan.
“I’d love to see a shutdown if we don’t get this stuff taken care of,” Trump said at a White House event focused on the crime threat posed by immigrants. “If we have to shut it down because the Democrats don’t want safety . . . let’s shut it down.”
Those comments came at the same time Senate Majority Leader Mitch McConnell (R-Ky.) and Minority Leader Charles E. Schumer (D-N.Y.) were telling reporters that a breakthrough was at hand — one that would deliver a defense spending boost Trump has long demanded as well as an increase in the nondefense programs championed by Democrats.
“We’re on the way to getting an agreement and on the way to getting an agreement very soon,” McConnell said. Schumer echoed the optimism moments later: “I am very hopeful that we can come to an agreement, an agreement very soon.”
Trump’s remarks, at least initially, appeared unlikely to snuff out the negotiations, which mainly involved lawmakers and their aides — not Trump and his White House deputies — and have largely steered clear of the explosive immigration issue.
The deal to lift congressional spending caps through 2019 could be the only solution to a legislative puzzle that has already required four temporary spending bills to keep the government open since the fiscal year began on Oct. 1.
The House is set to vote Tuesday evening on a spending bill that would fund the military through September at boosted levels but leave other agencies running on fumes until March. That plan would be amended in the Senate, where Democrats are holding out for a matching increase in nondefense spending.”
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Read the rest of the story at the link.
Doing his best to destroy government and make America as dysfunctional as he is. Vladi must be delighted!
