ELIZABETH BRUENIG @ WASHPOST: TRUMP & THE GOP WHITE NATIONALISTS ARE DECONSTRUCTING AMERICAN SOCIETY!

https://www.washingtonpost.com/opinions/trump-promised-to-unite-americans-his-policies-leave-us-more-alone-than-ever/2018/01/25/d9b60e62-0155-11e8-bb03-722769454f82_story.html

Bruenig writes:

“At his inauguration, President Trump promised to renew the unity of the American people, claiming that “through our loyalty to our country, we will rediscover our loyalty to each other.” Then, Trump seemed intent on creating a reborn civic and social consciousness, and on empowering ordinary people against big government and big money.

And yet, Trump’s administration has ushered in a virulently antisocial politics that dissolves the most basic bonds and leaves individuals powerless against both market and state. Trump, like many populists of the right, gained a foothold by promising that a resurgent nationalism could make people feel cohesive, trusting and strong again. But like his right-leaning populist predecessors, he has offered only the imaginary bonds of nationalism — the illusion of fellow-feeling and homogeneity — even as his policies destroy the real and foundational bonds of family and community in the arenas of health care, immigration, labor and more.

. . . . In its amicus brief in support of unions, the U.S. Conference of Catholic Bishops points out that the destruction of unions based on the loose interpretation of money as speech will render workers weaker than ever before. “Ironically then,” the bishops observe, “a misguided effort to protect one individual from government coercion would leave only individuals to stand against government (or economic) coercion.”

If only that world were really so far away. In reality, it is already here. What unites workfare, the annihilation of DACA and the war on unions is a totalizing individualism — the belief that people are essentially isolated individuals. That we are alone before we are together. That we are more and not less ourselves in total isolation. From that view flow policies that disregard or deny that people are, in fact, embedded in families, communities and industries, and that their bonds and obligations are powerful and ought to be respected and protected by the state. No politics issuing from that view can ever cultivate unity.

What Trump offered as an answer to the aching aloneness of Americans was nationalism, the exchange of an imagined community for actual ones, the promise of a mystic bond with people you’ll never meet even while the ones you know and love are deported, abandoned, dying. It was supposed to bring us together, supposed to make us strong. But his policies stand to leave us more alone than we’ve ever been, and in our solitude, weak.

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Read the rest of Elizabeth’s op-ed at the link.

First, it was Mexicans, Muslims, and undocumented workers. Then came Legal Immigrants, Latinos, African-Americans, LGBTQ individuals, demonstrators, the sick, the poor, women seeking to exercise their constitutional right to abortion, unionists, Liberals, and Democrats. Don’t see YOUR GROUP on the “hit list.” Just wait. It keeps expanding, Folks like Trump and his White Nationalist buddies can’t live without an “enemy of the day” to rally their “base.”

When the GOP White Nationalists decide that YOU no longer fit their image of America, who will be left to stand up for YOUR rights. Harm to the most vulnerable members of our community, and failure to stand up for them, harms and ultimately diminishes the humanity of all of us. And, that’s how free societies are “deconstructed and destroyed.” Stand up for everyone’s rights! Just say no to Trump and his White Nationalist Cabal!

PWS

01-26-18

 

COURTSIDE HISTORY: HOW THE FOUNDING FATHERS’ RACISM ERASED A PRESIDENT’S DAUGHTER! — ALSO MY: “FRIDAY ESSAY — FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS”

https://www.washingtonpost.com/news/made-by-history/wp/2018/01/25/how-did-we-lose-a-presidents-daughter/

Professor 

“Many people know that Thomas Jefferson had a long-standing relationship with his slave, Sally Hemings. But fewer know that they had four children, three boys and a girl, who survived to adulthood. Born into slavery, Sally’s daughter Harriet boarded a stagecoach to freedom at age 21, bound for Washington, D.C. Her father had given her $50 for her travel expenses. She would never see her mother or younger brothers again.

With her departure from Monticello in 1822, Harriet disappeared from the historical record, not to be heard of again for more than 50 years, when her brother told her story. Seven-eighths white, Harriet had “thought it to her interest to go to Washington as a white woman,” he said. She married a “white man in good standing” in that city and “raised a family of children.” In the half-century during which she passed as white, her brother was “not aware that her identity as Harriet Hemings of Monticello has ever been discovered.”So how did we lose a president’s daughter? Given America’s obsession with the Founding Fathers, with the children of the Revolution and their descendants, why did Jefferson’s child disappear? As it turns out, America has an even greater obsession with race, so that not even Harriet Hemings’s lineage as a president’s daughter was sufficient to convey the benefits of freedom. Instead, her birth into slavery marked her as black and drove her decision to erase her family history.

Harriet Hemings passed as white to protect her fragile freedom. Jefferson had not issued her formal manumission papers, so until the abolition of slavery in 1865, by law she remained a slave, which meant her children also inherited that condition. But in a society that increasingly associated blackness with enslavement, Hemings used her white skin not only to ensure her children’s freedom, but to claim for them all the rights and privileges of whiteness: education, the vote, a home mortgage, any seat they chose on a streetcar. To reveal herself as the daughter of Jefferson and his slave would  have destroyed her plans for a better life for her descendants.

Since Harriet’s time, science has proved there is no difference in blood as a marker of “race.” As a biological category, racial difference has been exposed as a sham. Even skin color is not a reliable indicator of one’s origins. As one study calculated, almost a third of white Americans possess up to 20 percent African genetic inheritance, yet look white, while 5.5 percent of black Americans have no detectable African genetic ancestry. Race has a political and social meaning, but not a biological one.

This is why the story of Harriet Hemings is so important. In her birth into slavery and its long history of oppression, she was black; but anyone who saw her assumed she was white. Between when she was freed in 1822 and the ratification of the 13th Amendment in 1865, she was neither free nor enslaved — yet she lived as a free person.

She does not comfortably fit any of the terms that have had such inordinate power to demarcate life in America. Her disappearance from the historical record is precisely the point. When we can so easily lose the daughter of a president and his slave, it forces us to acknowledge that our racial categories are utterly fallacious and built on a science that has been thoroughly discredited.

Yet as political, economic and social categories, racial difference and its consequences remain profoundly real. White privilege has been much on display in our own day, as armed white men proclaiming white supremacy marched unmolested in the streets, while unarmed black men are shot down by police who are rarely held to account. Politicians run successful campaigns on platforms of racial hatred.

This is why, by one estimate, between 35,000 and 50,000 black Americans continue to cross the color line each year.

As I poured through hundreds of family genealogies, searching for more details about the life of Harriet Hemings, I saw that all families have invented stories: details that have been embellished over time, or perhaps altered by accidental errors. Descendants of immigrants Anglicized their names; information in census records is inconsistent from one decade to another; genealogies are altered because of confusion with recurring favorite names over multiple generations.

Those families who pass as white most definitely have such invented stories. It is what they had to do to authenticate a white lineage, to be recognized as fully human and fully American, with all the rights and privileges thereto — rights and privileges not even a lineage as honored as Jefferson’s can match.

Nations, as well as families, invent stories about themselves. In both cases, we will run into characters we would rather not admit as being one of us, and stories we would rather not tell about ourselves. That the president’s daughter had to choose between her family and living a life with the dignity only whiteness can confer is one of those stories. But without them, we will never truly know where we’ve come from; and without them, we will never be able to chart out a path for a better family and national life.

FRIDAY ESSAY — FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS
BY PAUL WICKHAM SCHMIDT
Cathy and I recently visited Monticello. Unlike my first visit, decades ago, I found that the issue of slavery subsumed everything else. And, TJ as a person and a human being certainly got infinitely smaller during our time there.
 
Guys who got worked up about paying too much tax giving a “free pass” to their own exploitation of hundreds of thousands of enslaved individuals? (Remind you of any of today’s politicos of any contemporary party?)
And, no, Jefferson and the other slave-owning founding fathers don’t get a “free pass” as “products of their times.” That’s the type of “DAR sanitized non-history” we were fed in elementary and high school.
They were, after all, contemporaries of William Wilberforce who was speaking, writing, and fighting the (ultimately successful) battle to end slavery in England. We can also tell from the writings of Jefferson, Washington, Madison, and Monroe that they realized full well that enslavement of African-Americans was wrong. But, they didn’t want to endanger their livelihood (apparently none of them felt confident enough in his abilities to earn an “honest living”) or their “social standing” in a racist society. 
Truth is that guys who had the courage to risk their lives on a “long shot” that they could win their political freedom from England, lacked the moral courage to stop doing what they knew was wrong. Yes, they founded our great country! And, we should all be grateful for that. But, we shouldn’t forget that they also were deeply flawed individuals, as we all are. It’s critical for our own well-being that we recognize, not celebrate, those flaws.
Those flaws also caused untold human suffering. Largely untold, because enslaved African-Americans were denied basic education, outside social contact, and certainly possessed no “First Amendment” rights. There were few first-hand written accounts of the horrors of slavery. Of course, there were no national news syndicates or “muckraking journalists” to expose the truth of what really was going on “down on the plantations.”
One of the things our guide at Monticello described was that “passing for White” wasn’t necessarily the “great boon” that “us White guys” might think it was. It meant leaving your family, friends, and ancestry behind and creating a new “fake” ancestry to appease White society.
For example, if Jefferson’s “White” daughter had a “not so White” husband and children at Monticello, they could never have accompanied her into the “White World.” Indeed, even if such family members were eventually “freed,” acknowledging them as kin would bring down the whole carefully constructed “Whitehouse of cards.” 
For that reason, some light-skinned slaves who could have escaped and passed into White society chose instead to remain enslaved with their “dark-skinned” families and relatives. 
The “Father of American Independence” only freed three slaves during his lifetime (none of them apparently family members). And he only freed five slaves upon his death.
The rest were sold, some “down the river,” breaking up families, to pay the substantial indebtedness that Jefferson’s irresponsible lifestyle had run up during his lifetime. Even in death, his enslaved workers paid a high price for his disingenuous life.
So, the next time our President or one of his White Nationalist followers plays the “race card,” (and that includes  of course Latinos and other ethnic and religious minorities, not just African-Americans or African immigrants) think carefully about the ugly reality of race in American history, not the “sugar-coated version.”
While you’re at it, you should wonder how in the 18th year of the 21st Century we have elected a man and a party who know and acknowledge so little about our tarnished past and who strive so eagerly to send us backwards in that direction.
PWS
01-26-18
 

SLEAZE-BALL-IN-CHIEF: TRUMP WANTED TO FIRE MUELLER IN JUNE ON BOGUS GROUNDS — WHITE HOUSE LAWYER’S THREAT TO QUIT STOPPED HIM!

https://www.nytimes.com/2018/01/25/us/politics/trump-mueller-special-counsel-russia.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

Michael S. Schmidt and Maggie Haberman report for the NYT:

“WASHINGTON — President Trump ordered the firing last June of Robert S. Mueller III, the special counsel overseeing the Russia investigation, according to four people told of the matter, but ultimately backed down after the White House counsel threatened to resign rather than carry out the directive.
The West Wing confrontation marks the first time Mr. Trump is known to have tried to fire the special counsel. Mr. Mueller learned about the episode in recent months as his investigators interviewed current and former senior White House officials in his inquiry into whether the president obstructed justice.
Amid the first wave of news media reports that Mr. Mueller was examining a possible obstruction case, the president began to argue that Mr. Mueller had three conflicts of interest that disqualified him from overseeing the investigation, two of the people said.
First, he claimed that a dispute years ago over fees at Trump National Golf Club in Sterling, Va., had prompted Mr. Mueller, the F.B.I. director at the time, to resign his membership. The president also said Mr. Mueller could not be impartial because he had most recently worked for the law firm that previously represented the president’s son-in-law, Jared Kushner. Finally, the president said, Mr. Mueller had been interviewed to return as the F.B.I. director the day before he was appointed special counsel in May.
After receiving the president’s order to fire Mr. Mueller, the White House counsel, Donald F. McGahn II, refused to ask the Justice Department to dismiss the special counsel, saying he would quit instead, the people said. They spoke on the condition of anonymity because they did not want to be identified discussing a continuing investigation.”

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Read the complete story at the link.

More “not-so-bright Third World dictator” than “stable genius.” The minority of Americans who voted for this evil clown have debased our once-great nation! And the GOP continues to enable the destruction of American democracy and values.

PWS

01-26-16

RELIGION: JIM WALLIS @ SOJOURNERS: The Christian Duty To Fight For The Dreamers!

“The roughly 10-20 percent of Americans who do not support protecting the Dreamers in any way have long had a hugely outsized influence on our politics. Gerrymandered white Republican districts led to a wave of radical anti-immigration restrictionists in the House. That trend, of course, continued through the 2016 election, when hardline immigration opponents got perhaps their greatest champion in recent memory in the White House with President Donald Trump. While he has been very inconsistent on DACA, he has consistently elevated and empowered immigration hardliners in his administration — those who appeal to his white nationalist base.”

https://sojo.net/articles/christians-daca-our-fight

Wallis writes:

“COMMENTARY

By Jim Wallis 1-25-2018

The Dreamers have won the hearts of most all Americans — across our political boundaries — whose country they joined when they were just children and who are clearly Americans too.

There is enormous public support for DACA (Deferred Action for Childhood Arrivals) from the American people. According to a poll released by CBS News last week, “nearly 9 in 10 Americans (87%) favor allowing young immigrants who entered the U.S. illegally as children to remain in the U.S.” This number includes 79 percent of Republicans, 92 percent of Democrats, and 87 percent of independents who favor the policy.

The DACA program, which is designed to shield from deportation undocumented Americans who were brought to this country by their parents, was established by President Obama in 2012 and ended by President Trump in September. Congress has tried and failed for the last 17 years to pass legislation that would formally confer legal status on these young men and women.

Because of President Trump’s decision, about 800,000 Dreamers currently protected by DACA will be at risk of deportation in early March unless Congress passes legislation and the president signs it by then. That’s why Democrats and some Republican members of Congress have felt such urgency to finally pass permanent legal protection for the Dreamers. Until the issue is resolved legislatively, it is likely to dominate the political debates in Washington in the weeks to come.

Dreamers are essential members of our communities. As politicians play games with their futures, it’s important that we share their stories. They are Dreamers like Mauricio Lopez-Marquez, who is 28 years old and was able to become a social worker after receiving DACA. In that role and as a dance instructor for an after-school program, he works with 180 young people in New Mexico. They are Dreamers like 22-year-old Teresa Rivera, who is a senior at the University of North Carolina at Chapel Hill and a part-time child facilitator at an organization that supports women and children who have experienced domestic violence. They are Dreamers like Zabdi Samuel Olvera, 18, who was brought from Mexico to Charlotte, N.C., at 6 months old, and is currently majoring in computer science at the University of North Carolina at Chapel Hill. Zabdi’s work with underprivileged children in South Charlotte and his excellence on his varsity wrestling team earned him a Golden Door Scholarship, which provides a full-tuition scholarship that is making it possible for him to earn his degree. If Congress does not pass legislation to protect the Dreamers by early March, these young men and women and so many more will be unable to work legally in the United States and could be vulnerable to deportation.

In 2012 many Dreamers had the opportunity to step out of the shadows and participate fully in the economy in ways that were previously impossible. They have done so, however, at great risk: In exchange for legal protection, they had to provide their personal information to the government. And now, unless Congress acts, the government could use that information to find and deport them. This is not a tenable moral or political position, and the public support for a permanent DACA fix reflects that. Americans understand that the Dreamers are our children’s teachers, they work in our communities, and they serve their country in all kinds of ways, including the military.

It is also undeniable that churches across the theological and political spectrum of American Christianity have been steadfast in support for the Dreamers. Even among white evangelicals, the base of Donald Trump’s support, 57 percent favor protection for Dreamers. This support comes from biblical commands about how we should treat “the stranger” among us, a religiously inspired sense of what is moral and just, and the fact that many Dreamers and their families are members of our church communities —and even our pastors. As I’ve written many times before, the biblical command to protect immigrants is unambiguous, and that certainly informs how many Christians approach this issue. But the human stories are perhaps even more influential in changing minds and hearts. Indeed, many churchgoers have discovered over the last five years that people they know well and care for deeply are undocumented because DACA gave them the incentive to step out of the shadows. Now, congregations all over the country are facing the possibility that many families in their midst will soon be torn apart. That is justifiably causing righteous outrage and determination for Christians all over the country to stand beside Dreamers and demand a solution from Congress.

Yet the problem, as it has been for many years, is to translate the strong public support for protecting Dreamers to actual policy change. The roughly 10-20 percent of Americans who do not support protecting the Dreamers in any way have long had a hugely outsized influence on our politics. Gerrymandered white Republican districts led to a wave of radical anti-immigration restrictionists in the House. That trend, of course, continued through the 2016 election, when hardline immigration opponents got perhaps their greatest champion in recent memory in the White House with President Donald Trump. While he has been very inconsistent on DACA, he has consistently elevated and empowered immigration hardliners in his administration — those who appeal to his white nationalist base.

We don’t know how this fight will ultimately turn out, but we do know two things. First, we know that the right thing for Christians to do is to fight — and fight hard — for Dreamers until they get the permanent protection they need, and continue fighting for their parents and the many other undocumented people living among us. These are the people Jesus literally commands us to treat as we would treat him.

Second, we know that since an overly influential group of hardline anti-immigration White House officials and politicians in Congress are blocking both the will of the overwhelming majority of the American people and what God wants, we must defeat them at the ballot box. There are fundamental Christian issues that cause Christians to vote against political candidates — and being opposed to immigrants should become one of those issues. We need to ensure that the fate of the Dreamers and other undocumented Americans is a voting issue for Christians this November and beyond.

Jim Wallis is president of Sojourners. His new Audible spoken-word series, Jim Wallis In Conversation, is available now, as is his book, America’s Original Sin: Racism, White Privilege, and the Bridge to a New America. Follow Jim on Twitter @JimWallis.”

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Jim has nailed it! Our public immigration policy has been taken over by a group of White Nationalist GOP restrictionists who represent a minority of Americans, but are now driving the debate and the policies.

Guys like Attorney General Jeff Sessions, whose racially tinged White Nationalist views on immigration as a Senator were so extreme that he was once marginalized within his own party, and his White Nationalist strategist/protégée Steven Miller, are now in charge of the Government’s immigration policies. They and others in the GOP with similar restrictionist views have made overtly racist immigration policies “fashionable” again.

We now “debate” things like “should we reduce African immigration, deport long-term law abiding Hispanic residents, and bar Muslims” as if these immoral minority proposals were a legitimate “other side” of the immigration issue. The real issues often get shoved aside.

The minority might have seized control. But that doesn’t mean that they are entitled to ram their anti-immigrant, basically anti-American policies down the throats of the rest of us.

The resistance is going to take a prolonged and energetic effort — at the ballot box, in  the courts, and in the arena of public opinion. But, eventually, human decency, true American values, and having our “nation of immigrants” treat current and future migrants as human beings whose contributions we recognize and value will be restored!

PWS

01-25-18

WILLIAM SALETAN @ SLATE TELLS US WHY, IN ADDITION TO BEING A WAR HERO, RESTRICTIONIST GOP SEN. TOM COTTON IS A LIAR WHO PEDDLES A RACIALLY-CHARGED IMMIGRATION PROGRAM – HE’S ACTUALLY ONE OF THE MOST DANGEROUS & TWISTED MEN IN AMERICA! – IF HE ACHIEVES HIS AMBITION TO BECOME AMERICA’S NEXT “SPY-MASTER,” NONE OF US WILL BE SAFE!

https://slate.com/news-and-politics/2018/01/tom-cotton-is-dangerously-deceptive.html

Saletan writes:

“Cotton Tales

Tom Cotton’s lies make him a dangerous prospect to head the CIA.

Tom Cotton, the Republican senator from Arkansas, is becoming President Trump’s right arm in the Senate. Or maybe it’s the other way around, and Cotton, a right-wing ideologue, is helping to steer the president. Either way, Trump’s behavior in the immigration debate—turning against a legislative compromise after Cotton was summoned to a White House meeting to oppose it—illustrates the young senator’s influence. In fact, Trump is said to be considering him as the next CIA director.

Cotton’s emergence is alarming. In part, that’s because what endears Cotton to Trump—and makes them particularly dangerous together—is Cotton’s unflinching willingness, in pursuit of an agenda, to say things that aren’t true.

Cotton is a veteran. He served with honor in Iraq and Afghanistan. But when he came home, he brought back the psychology of war. He treats liberals and moderates as the enemy. In 2015, he blocked one of President Obama’s ambassadorial nominees over an unrelated issue—she eventually died waiting for approval—because Cotton knew she was Obama’s friend. He depicts Obama as a traitor. Last month, Cotton said of the Iran nuclear agreement: “Barack Obama was willing to give away anything to get that deal.”

Cotton is quick to charge others with lying. Two weeks ago, he accused colleagues of floating a “disingenuous” immigration compromise. He said Democrats had “misrepresent[ed]” immigration talks. On Friday, Cotton accused Graham of conspiring with Democratic Sen. Dick Durbin: “Lindsey Graham and Dick Durbin are not adversaries in negotiating. They are allies strategizing.” That line has been used exactly once before, by an anonymous member of Congress—presumably Cotton—who accused House Speaker Paul Ryan of treachery on the same issue. Tucker Carlson reported the accusation last fall:

As one of their colleagues told us just this morning, when Nancy Pelosi and Paul Ryan sit down to talk immigration, they aren’t opponents negotiating, they are allies strategizing … Earlier this year we had Speaker Ryan on this show and he assured us Congress would be working hard on funding the border wall. That was a lie.

In the war at home, Cotton fights for Trump. Each time he’s faced with a choice between Trump and the truth, Cotton protects Trump. Two months ago on Face the Nation, John Dickerson asked Cotton about unresolved sexual misconduct allegations against the president. Cotton brushed the allegations aside, arguing that “the American people had their say on that” when they elected Trump. Last month, when an AP reporter asked Cotton about collusion between Trump and Russia, Cotton dismissed the question, claiming that Democratic Sen. Dianne Feinstein had “said she’d seen no evidence of collusion.” Actually, what Feinstein had said was, “It’s an open question because there’s no proof yet that it’s happened, and I think that proof will likely come with [Special Counsel] Mueller’s investigation.”

Now Cotton is protecting Trump again. On Jan. 11, during an Oval Office meeting, Trump said he wanted fewer immigrants from “shithole” countries in Africa and Haiti and more from Norway and Asia. The president’s comments were leaked, and Durbin, who had witnessed the exchange, publicly recounted them the next day. Cotton, who had also attended the meeting, went on TV to defend Trump. He portrayed Durbin as a liar, saying Trump had never used the expletivereported by Durbin. Dickerson asked Cotton whether Trump, in the meeting, was in any way “grouping people based on the countries they came from.” Cotton denied it. He insisted that Trump had “reacted strongly against” such thinking and that “what the president said he supports is [to] treat people for who they are,” not “where they’re from.”

Cotton was lying. We know this from other Republicans who were in the meeting. On Jan. 16, DHS Secretary Kirstjen Nielsen testified that Trump had specifically praised Norwegians and had worried aloud about not bringing in enough Europeans. An anonymous White House official told the Washington Post that Trump, in addition, had “suggested that he would be open to more immigrants from Asian countries because he felt that they help the United States economically.” Trump also recapitulated his remarks, complaining in tweets that the U.S. “would be forced to take large numbers of people from high crime countries which are doing badly.” And the Post reported that according to “three White House officials,” Cotton and his fellow immigration hard-liner, Sen. David Perdue, had later “told the White House that they heard ‘shithouse’ rather than ‘shithole,’ allowing them to deny the president’s comments on television.”

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Read the entire, eye-opening article at the link.

I’ve seen Cotton at least twice on “Meet the Press.” Each time I was impressed by the number of lies, distortions, misrepresentations, and evasions he could pack into a relatively short interview with Chuck Todd. You could tell that even the perennially affable Todd was having a hard time keeping a straight face at some of Cotton’s antics and facially absurd answers.

That this is what passes for “leadership” in today’s GOP should give us all pause.

PWS

01-25-18

MORE LAW THAT YOU CAN USE FROM COURTSIDE: DON’T JUST WRING YOUR HANDS AND SPUTTER ABOUT THE TRUMP ADMINISTRATION’S MINDLESS CRUELTY TO HARD WORKING “TPS’ERS!” – Go On Over To LexisNexis & Let Atty Cyrus D. Mehta Tell You Some Ways To Help “TPSers” Achieve Legal Status!

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2018/01/22/cyrus-d-mehta-potential-adjustment-of-status-options-after-the-termination-of-tps.aspx?Redirected=true

Here’s a “preview” of what Cyrus has to say:

“Cyrus D. Mehta, Jan. 22, 2018 – “As President Trump restricts immigration, it is incumbent upon immigration lawyers to assist their clients with creative solutions available under law. The most recent example of Trump’s attack on immigration is the cancellation of Temporary Protected Status for more than 200,000 Salvadorans. David Isaacson’s What Comes Next: Potential Relief Options After the Termination of TPS comprehensively provides tips on how to represent TPS recipients whose authorization will soon expire with respect to asylum, cancellation or removal and adjustment of status.

I focus specifically on how TPS recipients can potentially adjust their status within the United States through either a family-based I-130 petition or an I-140 employment-based petition for permanent residency. A September 2017 practice advisory from the American Immigration Council points to two decisions from the Ninth and Sixth Circuit, Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017) and Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013), holding that TPS constitutes an admission for purpose of establishing eligibility for adjustment of status under INA 245(a).”

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Go on over to Dan Kowalski’s fabulous LexisNexis Immigration 
Community at the above link to get the rest.

Given the sad saga of the “Dreamers” — whose legalization should have been a “no brainer” for any group other than Trump and the GOP restrictionists —  we can’t count on Congress coming to the Haitian and El Salvadoran TPSers “rescue” before their “final extension” expires. So, it’s critical for lawyers to help as many as possible of these great, hard-working folks achieve legal status under existing law before the window closes!

Sadly, one of the key cases cited by Cyrus in his full article, the BIA’s very helpful precedent decision  in Matter of Arrabelly and Yerrabelly, 25 I&N Dec. 771 (BIA 2012) is rumored to be on AG Jeff “Gonzo Apocalypto” Sessions’s restrictionist “chopping block.” So, there’s no time to lose!

PWS

01-25-18

GONZO’S WORLD: “APOCALYPTO” REVS UP “NEW CIVIL WAR ON AMERICA” WITH RENEWED ATTACK ON LOCAL LAW ENFORCEMENT — 10th Amendment, Consistent Court Losses, & Common Sense Fail To Deter Scofflaw A.G. — “[T]here is irony in Sessions threatening to withhold law enforcement grants in the name of fighting crime.”

https://www.washingtonpost.com/world/national-security/justice-department-threatens-to-subpoena-records-in-escalating-battle-with-sanctuary-jurisdictions/2018/01/24/984d0fee-0113-11e8-bb03-722769454f82_story.html

Matt Zapotosky reports for the Washington Post:

“The Justice Department on Wednesday escalated its attempt to crack down on so-called “sanctuary” jurisdictions, threatening to subpoena 23 states, cities and other localities that have policies the department suspects might be unlawfully interfering with immigration enforcement.

President Trump and Attorney General Jeff Sessions have long promised to target places with policies friendly to those in the country illegally — warning they might withhold federal money from some and trying to tie grant eligibility to cooperation with federal authorities on immigration matters. The Justice Department had previously contacted the 23 jurisdictions threatened Wednesday, raising worries they might be in violation of a federal law barring places from enacting policies that block communication with Immigration and Customs Enforcement.

In a new letter, Bureau of Justice Assistance Director Jon Adler said officials remained “concerned” that the places had policies that violate the law, even after their previous responses. He asked for a new bevy of documents — including “any orders, directives, instructions, or guidance to your law enforcement employees” — and said the department would subpoena the materials if necessary.

. . . .

Among those jurisdictions in the crosshairs are Chicago, New York City, Los Angeles and the states of California, Illinois and Oregon. In total, the 23 jurisdictions received more than $39 million in fiscal year 2016 money from the Edward Byrne Memorial Justice Assistance Grant Program — which Sessions is now threatening to put at risk.

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Local leaders criticized the move. New Orleans Mayor Mitch Landrieu (D), president of the U.S. Conference of Mayors, said he would skip a planned White House meeting on infrastructure because of it. “An attack on one of our cities mayors who are following the constitution is an attack on all of us,” he said. His city was not among those targeted Wednesday.

New York City Mayor Bill de Blasio similarly wrote on Twitter he would skip the gathering after Trump’s Justice Department “decided to renew their racist assault on our immigrant communities. It doesn’t make us safer and it violates America’s core values.”

Chicago Mayor Rahm Emanuel (D) said officers in his city endeavor to build trust with residents to reduce public safety threats, and “you cannot do that if you drive a wedge between any immigrant community and the law enforcement.” He said Sessions’s threats were “amazing” in that the attorney general seemed to “disregard what the court system has already said uniformly from coast to coast.”

White House Press Secretary Sarah Huckabee Sanders said: “The White House has been very clear that we don’t support sanctuary cities. We support enforcing the law and following the law, and that is the Department of Justice’s job is to do exactly that, and if mayors have a problem with that, they should talk to Congress.”

Much of this crackdown has been stymied by the courts. A federal judge in California last year blocked Trump’s executive order to cut funding to such places, and a federal judge in Chicago ruled that Sessions had exceeded his authority in imposing new conditions, such as requiring recipients to give immigration authorities access to jails and 48 hours notice when suspected illegal immigrants are to be released. A federal judge in Philadelphia also ruled that city was in compliance with the law and blocked the Justice Department from withholding money. The Justice Department has appealed all those cases.

. . . .

Sessions has long sought to tie crime to immigration — recently releasing data, which experts said was misleading, that said 73 percent of terrorism convictions in the U.S. involved individuals from other countries. Determining a link between illegal immigration and other crime is statistically difficult to do, though some research shows that immigrants are less likely to commit crimes than those who are native born. Civil liberties and immigration advocates, too, note there is irony in Sessions threatening to withhold law enforcement grants in the name of fighting crime.”

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

Read the complete article at the link.

On paper, Gonzo isn’t actually in charge of the DHS. That job is nominally in the hands of Lightweight Sycophant Kirstjen Nielsen.

Remarkably, what Sessions is actually supposed to be doing is administering a fair and unbiased U.S. Immigration Court System in a manner that guarantees the legal and Constitutional Due Process rights of each individual brought before those courts by the DHS. Yeah, right! Sessions never met a migrant he didn’t despise and want railroaded out of the country as part of his White Nationalist agenda. And, he’s clearly “in bed” with DHS Enforcement. That’s why the U.S. Immigration Courts under Gonzo Apocalypto are well on their way to becoming mere “Whistle Stops on the Deportation Railway.”

There was a time when what is now ICE worked hard to gain community support and be considered part of the “legitimate law enforcement apparatus.” But, those days are long gone.

Trump, Gonzo, and Tom Homan are well on the way to making ICE the most hated, distrusted, and despised police force in America — the “New American Gestapo” if you will. The aforenamed “nasty clowns” will be gone someday. But, I’m not sure that ICE will ever be able to undo the damage they are doing to its reputation and standing in the law enforcement community.

As one or more Federal Judges has noted in enjoining Gonzo’s illegal overstepping, “once lost, community trust is not easily, if ever, regained by the police.”

PWS

01-25-18

DREAM APPEARS DEAD — FOR NOW — Legislative Action Likely To Await “Regime Change!”

https://www.washingtonpost.com/politics/schumer-has-rescinded-offer-to-trump-on-border-wall-funding/2018/01/23/79d854d7-c28c-40a6-b006-67a675dcece6_story.html

Ed O’Keefe and Sean Sullivan report for the Washington Post:

“Hopes for a fresh start on immigration slammed into political reality Tuesday as the Senate’s top Democrat said he had rescinded an offer to President Trump on a border wall and the White House called an emerging bipartisan compromise “dead on arrival.”

Senate Minority Leader Charles E. Schumer (D-N.Y.) said he had withdrawn an offer to Trump of $25 billion for new border security measures in exchange for permanent legal protections for some undocumented immigrants brought to the country as children.

“We’re going to have to start on a new basis, and the wall offer’s off the table,” Schumer told reporters. He said his proposal had applied only to a deal that was never realized.

News of his decision came as Schumer is facing a backlash from liberals that he had been too accommodating to the president.

Late Tuesday night, Trump reiterated that “if there is no Wall, there is no DACA.”

In a message on Twitter, the president said: “Cryin’ Chuck Schumer fully understands, especially after his humiliating defeat, that if there is no Wall, there is no DACA. We must have safety and security, together with a strong Military, for our great people!”

. . . .

Negotiators face a Feb. 8 deadline, leaving less than three weeks to sort out some of the most emotionally charged issues. Some moderate Republicans involved in the talks expressed optimism that a deal could be reached.

“I think the Democrats are willing to do quite a bit on border security,” said Sen. Jeff Flake (R-Ariz.), adding later: “They’ve been willing to put a lot on the table.”

Flake predicted there will be 20 Republican senators who will not agree to a bipartisan immigration deal but that “I think there are 30 Republicans who could go for a path to citizenship and do something broad.”

Josh Dawsey and Mike DeBonis contributed to this report.”

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

Read the full story at the link.

I’m less optimistic than Sen. Flake and others that a deal can be reached in the Senate. But, even if that happens, anything acceptable to the Dems and the Dreamers would be DOA in the House. But, hey, what do I know? I’m just a retired judge.

PWS

01-24-18

 

 

 

 

 

THE HILL: Nolan Tells Us How “DACA” Differs From “DREAMERS”

http://thehill.com/opinion/immigration/370367-the-difference-between-daca-and-dreamers-a-primer

Family Pictures

 

Nolan writes:

“The difference between ‘DACA’ and ‘Dreamers’: A primer

The government shutdown ended Monday when Senate Majority Leader Mitch McConnell (R-Ky.) promised to take up an immigration bill that would protect an estimated 800,000 Dreamers from deportation under an open amendment process, if the Democrats would agree to end the shutdown. Senate Minority Leader Charles Schumer (D-N.Y) said that pledge was enough for his caucus to accept a three-week government funding bill, which passed on a vote of 81-18.

But what do the parties really intend to take up? A DACA-fix for the 690,000 current participants or a DREAM Act to provide a path to citizenship for 2.7 million undocumented aliens?

And who are the Dreamers?

. . . .

If the Senate passes the DREAM Act of 2017, it almost certainly will be dead on arrival in the House, which is what happened four years ago when Schumer, as part of the Gang of Eight, succeeded in getting an immigration bill passed in the Senate that was opposed by 70 percent of the Senate Republicans.

It would be more realistic to pass a bill that would just continue the DACA program for the current participants, but even that would fail if Trump will not sign it unless it includes a border wall, an end to chain migration, and an end to the Diversity Visa Program.”

In any case, the floor debates and their media coverage will be easier to understand if the senators are clear about who they are trying to help and how they want to help them.”

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

Go on over to The Hill to read Nolan’s excellent explanations of “DACA” and “Dreamers.”

Along the lines mentioned by Nolan, I think an “indefinite DACA extension” for “The Wall” trade might still be a possibility. I actually don’t see Trump refusing to sign something along those lines. But, with Trump, nobody really knows. Might depend on the day.

As suggested by Nolan, a “full Dream Act” would likely be DOA in the House. And, I don’t see the Dems offering up the restrictions Trump wants on legal immigration in return for a narrow DACA extension.

PWS

01-23-18

 

TAL @ CNN: DREAMS FADE AS REASONABLE DACA RESOLUTION COULD BE DOOMED BY GOP RESTRICTIONISTS “DRIVING THE TRAIN” IN THE HOUSE!

Here’s a “foursome” of updates from the amazing and prolific Tal Kopan at CNN:

“Immigration talks: What’s next?

By Tal Kopan, CNN

As the dust settled Monday on an agreement to reopen the government, the path forward for immigration remained as murky as ever.

Democrats and Republicans who worked to break the impasse over the shutdown spun their vote to accept a slightly shorter continuing resolution as a victory because of a commitment to turn to immigration. But the future of the Deferred Action for Childhood Arrivals policy and discussions on border security are undetermined.

“Well, there’s conversations already started, bipartisan conversation, about whether we can come up with a bipartisan Senate bill before February 8,” said Senate No. 2 Democrat Dick Durbin, who had been pursuing a DACA compromise for months.

The “hope,” he said, for those who pushed for a promise to move to immigration is that if a bill can pass the Senate with a strong bipartisan vote, President Donald Trump may endorse it and push the House to act.

Since Trump ended DACA, which protects young undocumented immigrants who came to the US as children, lawmakers have worked to find a way preserve the popular program while meeting the President’s and Republicans’ demands for border security and immigration enforcement changes along with it.

The White House on Monday continued to meet with Republican senators, many of whom are conservative hardliners, as it has remained opposed to bipartisan proposals that have been floated thus far.

Still, Senate Majority Leader Mitch McConnell pledged Monday to consider an immigration bill, including DACA, sometime soon.

“it would be my intention to take up legislation here in the Senate that would address DACA, border security, and, related issues as well as disaster relief, defense funding, health care, and other important matters,” McConnell said Monday, saying the process would have “a level playing field” and be “fair to all sides.”

After a brief weekend shutdown, Congress on Monday voted to fund government until February 8 — which will be the new deadline for any agreement between the parties on immigration and other outstanding issues. Absent agreement, McConnell said, the Senate will move to an open debate.

That was enough to convince a number of Democrats to support the funding bill — but they all indicated they expected to see the promise delivered.

More: http://www.cnn.com/2018/01/23/politics/immigration-talks-what-next/index.html

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

 

Exclusive: Republican Study Committee pushes Ryan for vote on Goodlatte bill

By Tal Kopan, CNN

As Senate moderates pushed their leader to make a commitment to have a bipartisan immigration vote, House conservatives on Tuesday were pushing their leadership to tack to the right on the issue.

The Republican Study Committee, an influential group of more than 150 Republicans, on Tuesday will announce it has voted to support an immigration bill from conservative hardliners and will push for a vote on the legislation, setting up a potential showdown between the House and Senate on the issue.

The nearly two-dozen-strong steering committee of the RSC voted to make the decision to back the bill, which also would extend the Deferred Action for Childhood Arrivals program, from committee and subcommittee chairmen Bob Goodlatte, Mike McCaul, Raul Labrador and Martha McSally, and warned against cutting a deal with Democrats behind conservatives’ backs.

“The Securing America’s Future Act is the framework to strengthen border security, increase interior enforcement and resolve the DACA situation,” the steering committee said in a statement. “We believe an eventual stand alone floor vote is essential. We oppose any process for a DACA solution that favors a backroom deal with Democrats over regular order in the House.”

More: http://www.cnn.com/2018/01/23/politics/republican-study-committee-goodlatte-bill/index.html”

 

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

Scalise: No guarantee House GOP will consider Senate immigration bill

By Tal Kopan, CNN

The House isn’t planning to take up what the Senate might pass on immigration, the House Republican whip said Monday, setting a potential showdown between the two chambers on the issue.

House Republican Whip Steve Scalise told reporters Monday afternoon that Senate Majority Leader Mitch McConnell’s pledge on the Senate floor to turn to immigration in February — a key part of ending the government shutdown — held little weight on the House side.

“There were no commitments made in the House,” Scalise said.

“I think we’ve been very clear that any final solution has to include funding for a wall and we’ve been working closely with President Trump on that,” he added.

Scalise also ruled out “amnesty,” though he wasn’t clear on how he defined it and whether it would mean a pathway to citizenship for recipients of the Deferred Action for Childhood Arrivals policy, a program that protected young undocumented immigrants who came to the US as children that Trump has decided to end.

More: http://www.cnn.com/2018/01/23/politics/house-senate-showdown-immigration/index.html

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

Feel like there’s something familiar about what’s happening in the immigration debate?
You’re probably not alone.
See my latest story.
Thanks for reading!
Tal

http://www.cnn.com/2018/01/23/politics/house-senate-showdown-immigration/index.html
Senate-House divide on immigration in spotlight after shutdown fight
By Tal Kopan, CNN
For veterans of immigration reform, it’s déja vu all over again. And it could spell another disappointment for lawmakers who have long sought a compromise on the issue.
In the wake of the government shutdown, which Democrats in the Senate agreed to end in exchange for a vague commitment to debate immigration on the Senate floor, reality is dawning that the House is taking a much different approach — and neither party in either chamber has figured out a plan to reconcile the differences.
It’s leaving lawmakers and staff feeling the echoes of 2013, when the Senate passed a bipartisan immigration bill that died when the House did not take up that bill or any other that would be similar. Vermont Sen. Pat Leahy, who called passing that Senate bill one of his “proudest moments,” said it died in the House because of an informal rule against bringing legislation without the support of a majority of the Republican conference, and it just might again for the same reason.
“Which must have given Speaker Hastert some pleasure, probably, sitting in his prison cell serving his sentence for (charges related to covering up allegations of) child molestation, to see they’re still following the sacred Dennis Hastert Rule,” Leahy said. “You’ve got to have members in both parties who are more interested in substance than soundbites.”
Signs of Trouble
Hours after Senate Majority Leader Mitch McConnell announced on the floor Monday that he intended to hold an open debate on immigration in the Senate, even if no broad agreement is reached by the time government funding runs out, the House majority whip poured cold water on the notion that his chamber would follow suit.
Rep. Steve Scalise, a Louisiana Republican, told reporters Monday afternoon that McConnell’s pledge on the Senate floor to turn to immigration in February held little weight on the House side.
“There were no commitments made in the House,” Scalise said.
In fact, even as a bipartisan group of senators is pushing McConnell to find a bipartisan compromise that can pass the Senate, where Republicans hold only hold a 51-49 majority and 60 votes are needed to advance legislation, Republicans on the House side are pushing their leadership to seek as conservative a bill as possible.
The Republican Study Committee, a group of more than 150 House Republicans, on Tuesday announced it would back a hardline immigration bill that has a rough path to pass the House, let alone the Senate. The move follows efforts by the House Freedom Caucus, a smaller group of vocal conservatives, that extracted a promise from leadership to whip the bill in exchange for their votes on government funding.
“Do I empathize with (leadership)? I do,” said RSC Chairman Rep. Mark Walker of North Carolina in an interview about the decision Monday. “You have so many factions in the House … so you’ve got a lot to wrestle with. At the same time, when you have a bill like this that has the support of a majority of the conference, I believe this is the foundational piece to move forward.”
Scalise said that any bill that passed the House would need to include funding for a border wall and could not include “amnesty.” But Scalise wasn’t clear on how he defined that and whether it would mean a pathway to citizenship for recipients of the Deferred Action for Childhood Arrivals policy, a program that protected young undocumented immigrants who came to the US as children that Trump has decided to end. A version that could pass the upper chamber would almost certainly require a pathway to citizenship.
“Ultimately, we’ve got to see how all sides can come together,” Scalise said. “Let’s see if the Senate can come together with something that President Trump can support. And I think there’s a deal to be made, but in my mind it would not include amnesty and has to include border security and funding of a wall.”
Freedom Caucus Chairman Rep. Mark Meadows of North Carolina told CNN on Monday that the House should pass something “as conservative as it possibly can be” and then go to conference with whatever the Senate passes, but he said the bill “can’t start in the Senate.”
Paths forward
The disconnect has the potential to lead to an impasse that can’t be breached without the President’s firm support of a path forward.
One veteran House Democratic aide struck a pessimistic note about the situation, especially after the failed attempt in the Senate to push the issue forward through the shutdown tactics.
“It is really hard to see a way out of it right now. I’m hopeful, still, but,” the aide said, trailing off. “It’s not strategically bad to go Senate first, but it’s bad when that’s your only strategy and you don’t have a House strategy other than, ‘Well, we’ll magically get the Senate bill through or the House will feel forced to do it.'”
A senior House GOP aide expressed frustration that the Senate side was taking the same approach as in 2013.
“It’s the same mistake they’ve made every single time,” the aide said of the Senate’s plan. “It’s like Groundhogs Day. Somehow, include the House.”
But that seemed to be the hope, if the President could be engaged on it.
“Get a big vote in the Senate and have the President support it, I think that’s it,” said Arizona GOP Sen. Jeff Flake, who has pushed for a compromise, when asked by CNN on Tuesday how to get a bill through the House.
Oklahoma Republican Sen. James Lankford, who is working on immigration in the Senate now but was in the House during the last effort, said the path will require White House leadership:
“The best thing that could happen is the White House put out a proposal and then try to work with House and Senate Republicans and say this is where our boundaries are and then try move from there.”
The worst plan, said Florida Republican Rep. Mario Diaz-Balart on CNN on Tuesday, would be to work in isolation.
“The concept that either a House bill can be shoved through the Senate or a Senate bill can be shoved through the House just doesn’t tend to work,” Diaz-Balart said. “It has to be bipartisan, with buy-in from the White House, otherwise there is nothing doing, and bicameral.”
CNN’s Deirdre Walsh contributed to this report.

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

Well, we’ll see what happens. Sometimes, the sun comes out just when things look the darkest. But, it sure sounds like the House GOP is dead set on “torpedoing” any reasonable DACA compromise that might be acceptable to the Dems and a bipartisan group of Senators. But, they also could just be setting a “marker” for future negotiations with the Senate, if things ever get that far. Gotta win elections to change policies! And, as the Dems just learned, the “leverage” of a USG shutdown has its limits, particularly for a party that generally believes in Government and what it can accomplish. Stay tuned!

PWS

01-23-18

 

WHILE MANY PAN THE DEMS FOR “FOLDING” ON SHUTDOWN, DANA MILBANK @ WASHPOST SEES HOPEFUL SIGNS FOR “GOOD GOVERNMENT!” — “[T]here is at least the potential for lawmakers to take the wheel from an erratic and dangerous driver!”

https://www.washingtonpost.com/opinions/shutdown-silver-lining-senators-rediscover-their-role-and-moderation-prevails/2018/01/22/3b02db10-ffc5-11e7-9d31-d72cf78dbeee_story.html

Milbank writes:

“The head is missing, but the body is still alive.

The president killed off all attempts at compromise, then went dark after the government shut down, refusing to say what he would support on immigration or even to engage in negotiations. But in this leadership vacuum, something remarkable happened: Twenty-five senators, from both parties, rediscovered their role as lawmakers. They crafted a deal over the weekend that offers a possible path forward, and, in dramatic fashion on the Senate floor Monday, signaled the end of the shutdown with a lopsided 81-to-18 vote.

The agreement may not end in a long-sought immigration deal and a long-term spending plan. Trump could yet kill any deals they reach. And liberal interest groups are furious at what they see as a Democratic surrender. But Monday’s breakthrough shows there is at least the potential for lawmakers to take the wheel from an erratic and dangerous driver.

Senate Minority Leader Chuck Schumer (D-N.Y.), announcing his deal with Senate Majority Leader Mitch McConnell (R-Ky.) on the Senate floor Monday afternoon, said he hadn’t even heard from Trump since Friday, before the government closed. “The White House refused to engage in negotiations over the weekend. The great dealmaking president sat on the sidelines,” Schumer said, adding that he reached agreement with McConnell “despite and because of this frustration.”

Looking down from the gallery Monday afternoon, I saw the sort of scene rarely observed any longer in the Capitol: bipartisan camaraderie. Sens. Chris Coons (D-Del.) and Susan Collins (R-Maine), two architects of the compromise, were talking, when McConnell, with a chipper “Hey, Chris,” beckoned him for a talk with Sen. Lamar Alexander (R-Tenn.), who soon broke off for a word with Sen. Joe Manchin (D-W.Va.). Sen. Mike Rounds (R-S.D.) hobnobbed with Coons and Sen. Tim Kaine (D-Va.). Sen. Roy Blunt (R-Mo.) put an arm around Sen. Dick Durbin (D-Ill.) as he chatted with Sens. Debbie Stabenow (D-Mich.) and Jeanne Shaheen (D-N.H.). During the vote, Manchin sat on the Republican side with Sen. Shelley Moore Capito (R-W.Va.), and Sen. Sheldon Whitehouse (D-R.I.) sat with Sen. Lindsey Graham (R-S.C.).

Durbin marveled at the festival of bonhomie. “What I have seen here on the floor of the Senate in the last few days is something we have not seen for years,” he said.

Neither side particularly wanted this shutdown. It was the work of a disengaged president who contributed only mixed signals, confusion and sabotage. After provoking the shutdown by killing a bipartisan compromise to provide legal protection for the “dreamers” (undocumented immigrants who came as children), Trump’s political arm put up a TV ad exploiting the dreamers by saying “Democrats who stand in our way will be complicit in every murder committed by illegal immigrants.”

Trump’s anti-immigrant ad and his racist outburst in the White House last week will only increase Republicans’ long-term political problems, but, in the short term, Republicans succeeded in portraying Democrats as shutting down the government to protect illegal immigrants. And liberal interest groups took the bait. In a conference call just before news of the deal broke Monday morning, a broad array of progressive groups — Planned Parenthood, labor unions, the Human Rights Campaign, the ACLU, MoveOn and Indivisible — joined immigration activists in demanding Democrats refuse to allow the government to reopen without an immediate deal for the dreamers.”

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

Read the rest of Milbank’s op-ed at the link.

I’ve said all along that there is potential for Congress to govern if McConnell, Ryan, and the rest of the GOP leadership would permit it. But, that means ditching the “Hastert Rule” (named, btw, for convicted “perv” and former GOP Speaker Denny Hastert) and thereby “PO’ing” both the “White Nationalist” and “Bakuninist Wings” of the GOP. That’s why it likely won’t happen. Because although they could govern in this manner, in coalition with many Dems, the modern GOP is beholden to both the White Nationalists and the Bakuninists to win elections and have a chance at being in the legislative majority.

In the end, if the Dems want to change the way America is governed for the better, they’re going to have to win some elections — lots of them. And, that’s not going to happen overnight. Although I can appreciate the Dreamers’ frustration, I think they would do better getting behind the Dems, and even the moderate GOP legislators who support them, rather than throwing “spitballs.”

Ironically, the disappearing breed of “GOP moderates” — who played a key role in restarting the Government — could be more effective and wield more power if they were in the minority, rather than being stuck in a majority catering to the extremest elements of  a perhaps loud, but certainly a distinct minority, of Americans!

PWS

01-23-18

LA TIMES: TO TRUMP, SESSIONS, & HOMAN: “Don’t Wanna Do Your Dirty Work No More!”

“Don’t Wanna Do Your Dirty Work No More!”

From the song “Dirty Work” by Steely Dan.

Check it out here:

http://www.metrolyrics.com/dirty-work-lyrics-steely-dan.html

From the LA Times Editorial Board:

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=90230fb5-6af6-42da-8b4e-8b07898beeb2

 

“ICE, don’t expect us to do your job

Offended by the ‘sanctuary state’ legislation, Trump administration petulantly looks for payback.

State and local governments in California rightly recognize that it’s up to the federal government to determine which people living in the country illegally ought to be tracked down and deported. It’s no more the responsibility of local cops to run immigrants to ground than it is for them to sniff out people cheating on their federal income taxes.

There is an important public safety reason for keeping local police and sheriff’s deputies out of the deportation business. If people who are living in the country illegally come to view local law enforcement officers as just another set of immigration agents, they will be far less likely to report crimes or cooperate with investigators. Los Angeles Police Chief Charlie Beck said last year that fewer Latinos in the city were reporting rapes, spousal abuse and other crimes for fear of being deported under the Trump administration’s policy of stepped-up arrests.

Nevertheless, the Trump administration has made no secret of its disdain for state and local governments that refuse to use their own resources to help Washington enforce federal immigration law. Twice this month, Department of Homeland Security Secretary Kirstjen Nielsen and acting Immigration and Customs Enforcement director Thomas Homan said they have asked the Justice Department whether local officials who don’t report residents who are in the country illegally can be charged under the federal law against harboring “aliens.”

Homan also has warned that he will “significantly” increase ICE’s presence in California to ramp up arrests in neighborhoods and on streets as payback for the California Values Act (the “sanctuary state” law adopted last year), which denied ICE agents access to jailsunless they have a warrant. “California better hold on tight,” he said in a Fox News interview. “They’re about to see a lot more special agents, a lot more deportation officers in the state of California.”

That’s not enforcing immigration law. That’s coercion by the federal government to try to compel local officials to, in effect, do their jobs for them. It is also the kind of thuggishness we’d expect from someone like Turkish leader Recep Tayyip Erdogan, not the president of the United States.

Homan also argued that without the cooperation of local law enforcement, “violent criminal aliens” are being released back onto the streets rather than being deported. “If the politicians in California don’t want to protect their communities, then ICE will,” Homan said.

That’s preposterous. ICE has access to databases that reveal who is incarcerated and when they are scheduled for release. If “violent criminal aliens” reenter their communities, it’s because ICE failed to identify them while in custody and pick them up upon release from prison or jail.

Now comes word that ICE may be planning a massive sweep in Northern California targeting as many as 1,500 immigrants, according to the San Francisco Chronicle. That would be little more than showboating. According to the best estimates, California has about 2.35 million immigrants who are living in the state illegally. No matter how hard he tries, Homan is not going to arrest away that problem. Rather, such draconian enforcement actions — and have no doubt, the impetus comes from President Trump — will do little more than disrupt families and communities.

Just last week, the government deportedprosecutorial discretion Jorge Garcia, 39, who was living in the country illegally but was otherwise a productive and law-abiding member of the community. For years, the federal government had exercised not to enforce a deportation order against him. Garcia arrived in the U.S. as a 10-year-old, grew up in the Detroit area and is married to an American citizen with whom he has two American children. What possible good comes from breaking apart that family?

It’s deplorable that the government is pursuing such a heartless and heavy-handed approach to enforcement in service of a system that is hopelessly broken. A wise president would pursue truly dangerous immigrants who are here illegally, find ways to keep new arrivals out (and ensure visa holders leave when they are supposed to) and work with Congress for a humane resolution to the fate of more than 11 million people who have lived in the U.S. for, on average, more than a decade. But wisdom and this president are opposing forces.”

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For the Trumpsters, it’s never been about “smart,” “efficient,” or “effective” law enforcement. No, it’s always been about White Nationalism, pandering to an extremist base, and turning ICE into more or less of an “internal security police” to terrorize primarily Latino, but also other ethnic and minority, communities. That’s why Congress should “Just Say No” to the Administration’s outrageous requests for yet more DHS enforcement agents (when they aren’t even able to fill their existing vacancies with qualified candidates).

PWS

01-23-18

BESS LEVIN @ VANITY FAIR: “TRUMP’S ENTIRE NATIVIST AGENDA IS BASED ON A LIE” — OF COURSE WE NEED MORE LEGAL FOREIGN WORKERS – AND NOT JUST “ROCKET SCIENTISTS” – EVEN TRUMP’S BUSINESSES CAN’T LIVE WITHOUT ‘EM!

https://www.vanityfair.com/news/2018/01/trumps-entire-nativist-agenda-is-based-on-a-lie-immigration-trump-winery?mbid=nl_th_5a6274f87df577764ae9be8c&CNDID=48297443&spMailingID=12789821&spUserID=MjMzNDQ1MzU1ODE2S0&spJobID=1321960766&spReportId=MTMyMTk2MDc2NgS2

Levin writes:

“They’re taking our jobs . . . They’re taking our money. They’re killing us,” is how then-candidate Donald Trumpcharacterized immigrants in July 2015. For nearly two and a half years, the man who practically founded his campaign on anti-immigrant sentiment—“when Mexico sends its people, they’re not sending their best,” was his first attempt at a presidential address—has warned his fellow Americans that immigrants and refugees, regardless of their status, are undermining the economy, driving down wages, and mooching off government benefits at every level. Based on this argument, a man who’s sourced two-thirds of his spouses from Eastern Europe has vowed to increase border control to unprecedented levels; repeatedly demanded a multi-billion-dollar wall that even his chief of staff has called “uninformed”; proffered legislation that would slash legal immigration by 50 percent over the next decade; and made the case that the U.S. should reducethe number of refugees that will be allowed into the country to the lowest level since the Refugee Act of 1980 was created. But one needn’t look further than Trump’s own family business to see that the president’s logic is completely bunk.

Amidst the slew of anti-immigrant rhetoric that spews from the White House on a daily basis, BuzzFeed News reports Trump Winery—an establishment that trades in “Welch’s grape jelly with alcohol” and is owned by Eric Trump—has sought permission to hire 23 more foreign guest workers, according to a Department of Labor petition. The workers were requested under the H-2 visa program, which allows U.S. companies to employ foreign workers on temporary work visas, as long as no qualified U.S. workers want the jobs they’ll be hired to fill. BuzzFeed also reports that companies bearing the Trump name are perennial users of the program, having requested more than 400 H-2 visas since the ex-real-estate developer announced his candidacy. (Neither the White House nor the winery responded to BuzzFeed’s request for comment.)

All of which, ironically, highlights the critical role immigrant labor plays in the U.S. economy—in fact, there is a large amount of evidence that a number of industries (and Mar-a-Lago) wouldn’t survive without it. In April, more than a thousand economists wrote an open letter to the president to give him a refresher on the importance of immigration to the U.S. economy. Separately, experts have estimated that given that as much as 70 percent of the U.S. agricultural workforce doesn’t have valid immigration papers, a wide-scale crackdown could essentially demolish the farming industry. (As Bank of America’s Ethan Harris noted in February, “There’s no way to get people out of the city and into the country to pick crops on short notice without a very dramatic increase in wages”; such an increase would represent a death blow to an industry where profits are already tanking, and which would struggle to afford the spike without passing on massive costs to consumers.) Oh, and remember Trump’s big infrastructure plan—coming any day now!—? Without immigrant labor, it’s basically dead on arrival.

Trump’s White House, of course, has done its best to bury these facts. Back in September, The New York Timesrevealed that after the Department of Health and Human Services found that refugees generated $63 billion more in government revenues than they cost over the past decade, Trump officials, lead by Lady Liberty nemesisStephen Miller, simply rejected the draft. Instead, the three-page report that was ultimately submitted “[used] government data to compare the costs of refugees to Americans and [made] no mention of revenues contributed by refugees.” Presumably, Team Trump will rely on that “data” when it sets the number of refugees the U.S. will take in for the fiscal year, the deadline for which is October 1.”

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Of course we don’t need cuts in legal immigration. And, contrary to what the Trumpsters would have you believe, most adult “family immigrants” work in jobs that are important to our economy. Also, because they have family here, it’s actually easier for them to “adjust and fit in” — something the White Nationalists are always fretting about.

PWS

0123-18

JUSTIN GEORGE @ VICE – HOW TRUMP & SESSIONS ARE TRASHING AMERICA’S CRIMINAL JUSTICE SYSTEM!

https://www.vice.com/en_us/article/mbpnkb/trump-has-already-demolished-obamas-criminal-justice-legacy

George writes:

“This story was published in partnership with the Marshall Project.

On criminal justice, Donald J. Trump’s predecessor was a late-blooming activist. By the end of President Barack Obama’s second term, his administration had exhorted prosecutors to stop measuring success by the number of defendants sent away for the maximum, taken a hands-off approach to states legalizing marijuana and urged local courts not to punish the poor with confiscatory fines and fees. His Justice Department intervened in cities where communities had lost trust in their police.

In less than a year, President Trump demolished Obama’s legacy.



In its place, Attorney General Jeff Sessions has framed his mission as restoring the “rule of law”, which often means stiffening the spines and limiting the discretion of prosecutors, judges and law officers. And under President Trump’s “America first” mandate, being tough on crime is inextricably tied to being tough on immigration.

“I think all roads in Trump’s rhetoric and Sessions’s rhetoric sort of lead to immigration,” said Ames Grawert, an attorney in the left-leaning Brennan Center’s Justice Program who has been studying the administration’s ideology. “I think that’s going to make it even harder for people trying to advance criminal justice reform because that’s bound up in the president’s mind, in the attorney general’s mind, as an issue that they feel very, very passionately on—restricting immigration of all sorts.”

Here are nine ways Trump has transformed the landscape of criminal justice, just one tumultuous year into his presidency.

He changed the tone

Words matter, and Trump’s words were a loud, often racially charged departure from the reformist talk of being “smart on crime” and making police “guardians, not warriors.” His response to a New York City terrorist truck attack last year reflects the new tone:

“We… have to come up with punishment that’s far quicker and far greater than the punishment these animals are getting right now,” Trump said. “They’ll go through court for years. And at the end, they’ll be—who knows what happens. We need quick justice and we need strong justice—much quicker and much stronger than we have right now. Because what we have right now is a joke and it’s a laughingstock. And no wonder so much of this stuff takes place.”

The president’s rhetoric seemed to trickle down. Ed Gillespie, the Republican candidate for governor of Virginia, adopted what many call “Trumpism” during his fall campaign, vilifying Democrat Ralph Northam as being soft on crime. His ads accused Democrats of restoring the voting rights of a child pornography collector—targeting one man out of the 168,000 former felons who had had their voting rights restored.

In a hotly contested Alabama senate race, Trump accused the Democrat—a prosecutor who had won convictions against two Klansmen who helped plot the 1963 church bombing that killed four black girls—of being “soft on crime.”

While both of the Republicans lost, prisoner advocates worry the discourse has re-sparked irrational fears and will spook conservatives who have in recent years joined the reform movement. And Trump has not limited his target set to Democrats. He has attacked members of his own party, like Arizona senator Jeff Flake, as “weak on crime and border.”

He wants to keep the “mass” in mass incarceration

Of all the moves Sessions made in 2017, none brought as much consternation from all sides of the political spectrum—from the Koch brothers and Rand Paul to the ACLU and Cory Booker—as this: He revoked the Obama-era instruction to federal prosecutors to be more flexible in charging low-level, nonviolent offenders. Under this policy, federal prosecutions had declined for five consecutive years and, in 2016, were at their lowest level in nearly two decades, according to the Pew Research Center.

Sessions ordered prosecutors to seek the maximum punishment available, prompting widespread fear of a return to the late 1980s and early 1990s, when the federal prisons filled with drug offenders. In what it is calling a budget cut, the Bureau of Prisons has also ordered the closure of several halfway houses, which can extend the length of time soon-to-be released prisoners are spending behind bars.

The administration has also cast doubt on the prospect of legislation aimed at reducing mandatory-minimum sentences and encouraging diversion to drug treatment and mental health care. Governors and advocates who boast of success at reducing state prison populations—notably in red states—met with the president and son-in-law Jared Kushner on January 11 to plead for similar measures in the federal system, but the discussion was largely confined to rehabilitating the incarcerated rather than incarcerating fewer people in the first place. While sentencing reform seems to be fading, there appears to be progress toward a Kushner-led crusade that calls on churches and private businesses to mentor prisoners upon release and help them find jobs and housing. Trump may also look to cut regulations such as licensing requirements that prohibit applicants with felony records from some lines of work.

He made immigration synonymous with crime

Perhaps the most consistent theme of his young administration is that immigrants, especially immigrants of color, are a danger. From the Mexican “rapists” to the “shithole countries” of the third world, the president has played to a base that believes—evidence to the contrary—that immigrants bring crime and displace American workers.

Deportation orders have surged. The Department of Justice said in early December that total orders of removal and voluntary departures were up 34 percent compared with the same time in 2016. Actual removals have not kept pace—in fact, they were at their lowest level since 2006, according to the Transactional Records Access Clearinghouse at Syracuse University—but it is clear the Trump administration is ramping up ways to deport undocumented immigrants.

The declared ending of the Deferred Action for Childhood Arrivals (DACA) program was met with wide consternation from Republicans and Democrats, and is being fought out in courts and bipartisan political negotiations. Trump has given mixed signals as to whether the DACA recipients, brought into the US illegally as children, get to stay, and at what political price. But in the meantime he has ordered an end to protection of refugees from Haiti (at least 60,000) and El Salvador (at least 200,000) who were granted temporary legal status under a bill signed by the first President Bush. And just the other day Sessions limited the power of immigration judges to close complicated cases, a move that could lead to thousands more deportations.

The immigrants-as-menace meme recurs in the argument over “sanctuary cities,” where officials have declined to help in the roundup of the undocumented. Sessions has threatened to withhold federal policing funds from uncooperative venues, so far unsuccessfully.”

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Read the rest of the article at the link.

Ah, the “New American Gulag!”

PWS

01-23-18

KURT BARDELLA @ HUFFPOST: “Make No Mistake, Trump’s Government Shutdown Is About Racism!” — GOP LATINO LEADER AL CARDENAS SLAMS HIS PARTY’S “LACK OF EMPATHY” ON “MEET THE PRESS!”

https://www.huffingtonpost.com/entry/opinion-bardella-government-shutdown_us_5a62d025e4b0e563006fd287

Bardella writes:

“Lost in the shitstorm over “shithole” was another equally damning example of President Donald Trump’s blatant racism and sexism. It was an outward display of a mindset that in many ways has paved the way for the government shutdown we’re facing now.

Last week, NBC News reported that last fall, the president of the United States asked a career intelligence analyst “Where are you from?” She responded, “New York,” and that should have ended the conversation. It didn’t.

He asked again, and she responded, “Manhattan.”

For those who have initiated a similar conversation, if you ask twice and you don’t get the answer you are fishing for ― just drop it. Take a hint. We don’t want to go there with you.

Trump, clearly oblivious to this social cue, follows up and asks where “your people” are from.

Finally relenting, the analyst answered that her parents are Korean. At this point, Trump, through his ignorance, has robbed this woman of all the hard work, intellect and skill she has invested into her profession by placing some artificial value on her (and her family’s) ethnicity.

Where she or her parents are from has zero bearing on her job or value. It’s one thing if someone volunteers information about their culture, background, family and upbringing. But until they do, it’s none of your business and should have no role in how you judge, evaluate and view them as professionals or human beings.

Taking it even further, Trump somehow manages to combine sexism with racism by asking why the “pretty Korean lady” wasn’t negotiating with North Korea. The insane thing about this statement is that I’m 100 percent certain that in Trump’s mind, he was paying her a compliment.

What he did was demean and insult a woman who was simply trying to do her job.

Trump owes this “pretty Korean lady” an apology for his ignorant, racist and sexist comments. I don’t think Trump realizes or cares about the consequences that his tone, tenor and words have had in the lives of people who don’t look like him.

Pretty much my entire life, I’ve been asked (primarily by white people) the question that I imagine every “Asian-looking” person cringes at inside: “Where are you from?”

In most cases, I’m certain that the person asking this is not consciously discriminatory, but rather is just completely ignorant of how annoying this question is to people who look like me. Like the career intelligence analyst attempted to do with Trump, I answered the question by saying “New York” or “California” ― where I had spent my childhood and formative years. Inevitably comes the dreaded follow-up: “No, I mean what is your background? Chinese or Japanese?

The puzzled looks I would receive when I responded: “German and Italian” were priceless but also revealing. I simply did not fit into their preordained stereotypical worldviews.

My name is Kurt (German) Bardella (Italian), and I am adopted.

For most of you out there who ask this question of people who look or sound “different,” you’re probably just genuinely curious and mean no harm. You’re just trying to start conversation.

But the case of Trump and the career intelligence professional reveals something much more offensive. It was a glimpse into the racially charged worldview that Trump subscribes to, a worldview that has infected the Republican Party and now led us to a government shutdown.

It’s the same worldview that led to his vulgarly demeaning the lives of would-be immigrants from Haiti, El Salvador and nations in Africa. It’s the same worldview that has him obsessed with building a border wall to keep “bad hombres” out of the United States. And it’s the same worldview that drove him to end DACA.

Trump and his Republican enablers are so fixated on enacting these outwardly racist policies that they are willing to preside over a government shutdown to get them.

The shutdown showdown unfolding right now is about much more than government funding. It is about two different portraits representing the American identity. The Trump-GOP viewpoint sees our country as one that is, first and foremost, Caucasian. The Democratic perspective sees a diverse nation of many cultures, backgrounds, languages and customs.

That’s what we are fighting about. It may be more politically expedient for Democrats to back down, but with our national identity hanging in the balance, this is the time to take a stand.

Kurt Bardella was born in Seoul, South Korea, and adopted by two Americans from Rochester, New York, when he was three months old. He currently lives in Arlington, Virginia.

This piece is part of HuffPost’s brand-new Opinion section. For more information on how to pitch us an idea, go here.

Kurt Bardella is a media strategist who previously worked as a spokesperson for Breitbart News, the Daily Caller, Rep. Darrell Issa, Rep. Brian Bilbray and Senator Olympia Snowe.”

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One had only to listen to Senator Tom Cotton on “Meet the Press” yesterday to see how true Bardella’s commentary is. Cotton lied, obfuscated, and generally avoided answering Moderator Chuck Todd’s questions.

Then, he let loose with his biggest fabrication: that somehow legalizing the Dreamers and eventually allowing their parents to legally immigrate would “do damage” to the U.S. which would have to be “offset” by harsher, more restrictive immigration laws! So, in allowing the Dreamers, who are here doing great things for America, and somewhere down the road their parents, some of whom are also here and are also doing great things for America, to become part of our society is a justification for more racially-motivated restrictions on future immigration. What a total crock!

Cotton said:

But it gives them legal status. That’s an amnesty, by adjusting their status from illegal to legal, no matter what you call it. It didn’t give money to build any new border barriers, only to repair past border barriers. It didn’t do anything to stop chain migration. Here’s what the president has been clear on. Here’s what I and so many Senate Republicans have been clear on: we’re willing to protect this population that is in the DACA program. If we do that, though, it’s going to have negative consequences: first, it’s going to lead to more illegal immigration with children. That’s why the security enforcement measures are so important. And second, it means that you’re going to create an entire new population, through chain migration, that can bring in more people into this country that’s not based on their skills and education and so forth. That’s why we have to address chain migration as well. That is a narrow and focused package that should have the support of both parties.

Meanwhile, on Meet the Press, GOP Latino leader Al Cardenas hit the nail on the head in charging Cotton and others in the GOP with a disturbing “lack of empathy” for Dreamers and other, particularly Hispanic, immigrants:

Cardenas said:

“Excuse me, that’s right. And you know, look, for the Republican Party the president had already tested DACA. The base seemed to be okay with it. Now that things have changed to the point where this bill passes, and it should, Democrats are going to take all the credit for DACA. And we’re taking none. Stupid politics. Number two, the second part that makes us stupid is the fact that no one in our party is saying, “Look, I’m not for this bill but I’ve got a lot of empathy for these million family.” Look, I can see why somebody would not be for this policy-wise. I don’t understand it. But I can respect it. But there’s no empathy. When I saw the secretary of homeland security in front of a Senate saying she’d never met a Dreamer. And yet she’s going to deport a million people, break up all these families. Where is the empathy in my party? People, you know the number one important thing in America when somebody’s asking for a presidential candidate’s support is, “Do you care…Does he care about me?” How do we tell 50 million people that we care about them when there’s not a single word of empathy about the fate of these million people.”

Here’s the complete transcript of “Meet the Press” from yesterday, which also included comments from Democratic Senator Dick Durbin and others. Check it out for yourself, if you didn’t see it.

https://www.nbcnews.com/meet-the-press/meet-press-january-21-2018-n839606

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Unlike Cotton and his restrictionist colleagues, I actually had “Dreamer-type” families come before me in Immigration Court. The kids eventually had obtained legal status, probably through marriage to a U.S. citizen, naturalized and petitioned for their parents.

Not only had the kids been successful, but the parents who were residing here were without exception good, hard-working, tax-paying “salt of the earth” folks.  They had taken big-time risks to find a better life for their children, made big contributions to the U.S. by doing work that others were unavailable or unwilling to do, and asked little in return except to be allowed to live here in peace with their families.

Most will still working, even if they were beyond what we might call “retirement age.” They didn’t have fat pensions and big Social Security checks coming.

Many were providing essential services like child care, elder care, cleaning, cooking, fixing, or constructing. Just the type of folks our country really needs.

They weren’t “free loaders” as suggested by the likes of Cotton and his restrictionist buddies. Although I don’t remember that any were actually “rocket scientists,” they were doing the type of honest, important, basic work that America depends on for the overall success and prosperity of our society. Exactly the opposite of the “no-skill — no-good” picture painted by Cotton and the GOP restrictionists. I’d argue that our country probably has a need for more qualified health care and elder care workers than “rocket scientists” for which there is much more limited market! But, there is no reason se can’t have both with a sane immigration policy.

PWS

01-22-18