INSIDE THE LATEST DACA NEGOTIATIONS WITH TAL @ CNN—PLUS LAUREN FOX ON WHY SOME IN GOP FEAR THE “RUBIO EXAMPLE” ON IMMIGRATION!

http://www.cnn.com/2018/01/05/politics/daca-trump-congress-next-steps/index.html

“By Tal Kopan, CNN

The outline of an immigration deal is starting to take shape in Washington after months of negotiations. Yet even as lawmakers draw close to a resolution, filling in the blanks could prove insurmountable.

Key Republican senators left a White House meeting Thursday optimistic about reaching a deal to make permanent the Deferred Action for Childhood Arrivals program — which protected young undocumented immigrants who came to the US as children from deportation — along with some border security and immigration reforms.

But the meeting was boycotted by one Republican who is actively negotiating with Democrats, Sen. Jeff Flake of Arizona, for not being bipartisan, and even the GOP lawmakers in the room did not all agree on how to hammer out remaining sticking points.

President Donald Trump called for a bipartisan meeting next week to follow, lawmakers said afterward, and Vice President Mike Pence personally called to invite Flake, who accepted.

Democrats, meanwhile, are keeping their options open — doubling down on bipartisan negotiations and declining opportunities to draw red lines around some of the proposals.

The shape of a deal

Republicans who were in the meeting, including Sens. John Cornyn of Texas, Thom Tillis of North Carolina and James Lankford of Oklahoma, all described a similar set of ingredients. A deal should include a resolution for DACA — which currently would be a path to citizenship for qualifying young undocumented immigrants, negotiators say — along with beefed up border security that would include physical barriers, some limits to family-based visa categories and the end of the diversity visa lottery.

But there was disagreement over what all that consists of specifically.

South Carolina Sen. Lindsey Graham, who was at the White House meeting, and Flake — who have been negotiating intensely with Democratic Whip Dick Durbin of Illinois and Colorado Sens. Michael Bennet, a Democrat, and Cory Gardner, a Republican — both said Thursday that the “chain migration,” or family-based migration, piece would be limited.

“We’re not going to fix it all,” Graham told radio host Hugh Hewitt on Thursday. “But the first round, there will be a down payment on breaking chain migration.”

Flake told reporters that the negotiations were settling on limiting the issue of “chain migration” to the DACA-eligible immigrants protected in the eventual deal.

But Lankford flatly rejected that approach.

“No,” he said when asked about Graham’s characterization of talks. “This has to be broader than that, because if you’re going to deal with chain migration, you deal with chain migration. … I can’t count on the fact that we’re going to do another (bill) in six months to resolve the rest of it.”

Lawmakers are discussing ending the diversity visa lottery but not erasing the 50,000 visas for legal permanent residency distributed through it annually. Graham said the deal would “use them more rationally” and Flake said it would be part of a trade for resolving a type of immigration protection for nationals of countries who suffer major disasters, which the Trump administration has moved to curtail.

And the border security piece still remained elusive, even as Trump continues to demand his wall. Lankford and Tillis made efforts to tell reporters that the “wall” piece does not mean a solid structure all the way across the entire southern border.

“That’s not what he means. That’s not what he’s tried to say — I think that’s what people are portraying it as,” Lankford said. But neither could describe what Republicans actually want out of a border deal, and they said they were still waiting for the White House to provide clarity on what it could and could not live with.

“What we did today that I thought was truly (a) breakthrough … we saw the President assume leadership on this issue beyond what he already has in terms of the message to the American people,” Tillis said. “Now it’s about the mechanics.”

Lankford said he anticipated something on “paper” from the White House by Tuesday, though lawmakers have been asking for such guidance for weeks.

Democrats hedge

Democrats, for their part, wave off Republican accusations that they are not being serious on a border security compromise as noise, pressing on in the Durbin-hosted negotiations.

“Anybody who thinks that isn’t paying attention or has their own agenda,” said a Democratic Senate aide.

Senate Minority Leader Chuck Schumer at a news conference Thursday dodged an opportunity to attack Republicans’ demands on “chain migration” and the visa lottery.

“I’m not going to negotiate in front of everyone here,” the New York Democrat said. “We’ve always said we need strong and real border security, not things that sound good but don’t do the job. And we need to help the (DACA recipients). That’s what we believe, and we will sit down with our Republican colleagues and try to negotiate.”

As a January 19 government funding deadline rapidly approaches, Democrats are still insisting a DACA deal must be had but are also continuing to hope negotiations bear fruit, alarming some progressives.

“It’s concerning that Schumer and Pelosi are not positioning and framing on this,” tweeted Center for American Progress’ Topher Spiro, speaking of House Minority Leader Nancy Pelosi, a California Democrat. “They’re not setting themselves up to win public opinion and the blame game.”

In December, when Democrats helped Republicans punt the issue to January, a Senate Democratic leadership aide noted that it made no sense to force the issue when negotiations were still productive.

“I can’t imagine Sen. Schumer or Ms. Pelosi wanting to shut down the government over this issue when there is a bipartisan commitment to work on it in good faith,” Cornyn said Thursday, reiterating that Senate Majority Leader Mitch McConnell had promised Flake he would call a bill for a vote by the end of January if a compromise were reached.

Until then, 60 is the magic number — the number of votes required in the 51-49-split Senate to advance legislation.

“We got to get to 60, we’ve got to be reasonable and we’ve got to get it done,” Tillis said Wednesday.”

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Meanwhile, Tal’s CNN colleague Lauren Fox tells us why some (but not all) in the GOP are “gun-shy” of involvement in immigration legislation.

http://www.cnn.com/2018/01/05/politics/republicans-immigration-daca-fight-2013/index.html

“(CNN)A group of Republican senators is working alongside Democrats to try to protect hundreds of thousands of young immigrants from being deported in upcoming months, but the harsh lessons of a failed immigration reform push in 2013 loom large for a party barreling toward a midterm election.

For the last several months, familiar players in the immigration debate — South Carolina’s Sen. Lindsey Graham and Arizona’s Sen. Jeff Flake — have re-emerged, committed to finding a narrower legislative solution for the Deferred Action for Childhood Arrivals policy, a program that shielded young immigrants who came to the US illegally as children from deportation. But new faces have also joined in. Sen. James Lankford, a Republican from Oklahoma, a state with a relatively small immigrant population, is involved, as is Sen. Cory Gardner of Colorado, the leader of the Senate’s campaign arm, and Sen. Thom Tillis of North Carolina, who worked as speaker of the House back in his state to pass immigration bills.
But in a climate where President Donald Trump swept the 2016 Republican primary with promises to build a wall at the southern border and applause lines to deport “bad hombres,” the politics for GOP senators involved in the negotiations are precarious. Still hanging in the backs of many members’ minds is the stark reality of what happened to a rising star in the Republican Party who stuck his neck out to fight to overhaul the country’s immigration system.
Notably absent in this debate is Sen. Marco Rubio of Florida — who spent most of his 2016 presidential campaign trying to answer for the Gang of Eight’s 2013 immigration bill. From debates to campaign ads, it was Rubio who endured the brunt of the right’s consternation.
close dialog

“I frankly think Sen. Rubio would have been better off embracing and not apologizing for what we did. The Gang of Eight bill was a good bill. I think that Republicans can survive more than we think we can survive on immigration,” said Flake, who will retire at the end of his term after facing a serious primary threat. “But on this, on DACA, look at this issue. This is a 70 to 80% issue across the board. People think kids shouldn’t be punished for the actions of their parents.”
One Democratic aide suggested the lesson from 2013 wasn’t to avoid immigration reform. After all, Graham was able to run for re-election successfully in a primary in South Carolina after backing the 2013 bill. Instead, the Democratic aide said, the lesson was “if you are going to get involved in immigration, do it all the way.”
Republicans working now say the politics of immigration reform have changed drastically for the party. Many have compared Trump’s opportunity on immigration to that of former President Richard Nixon’s détente with China, and Republican lawmakers hope that if they can convince the President to endorse a bipartisan immigration bill, it will offer political cover in the midterms from a mobilized base that has long opposed anything that gives immigrants who entered the country illegally a shot at legal status.
“At the end of the day, the base needs to recognize we would do nothing the President doesn’t support and the President has strong support from the base,” Tillis said when asked why he’d ever engage in talks on immigration after watching what happens to Republicans who got involved in the Gang of Eight negotiations in 2013.
On one hand, Republicans argue that Trump gives them the flexibility to pursue protections for immigrants eligible for DACA they never could have touched when President Barack Obama was in office. If the argument during the Obama administration was the base couldn’t trust Obama to enforce immigration laws or secure the border, Republicans believe the base will follow Trump wherever he leads them on immigration.
“We all agree that this president is the first president in my adult life time who really is in a position to to deliver on the promise that every other president has made and failed to produce,” Tillis said.
Even with Trump, however, there is still a liability in jumping headfirst into immigration reform. After the President attended a dinner with House Democratic leader Nancy Pelosi of California and Senate Minority Leader Chuck Schumer, D-New York, in the fall and Democrats suggested Trump had agreed to support the DREAM Act, conservative news site Breitbart declared Trump was “Amnesty Don.”
GOP Rep. Steve King of Iowa, a hard-liner on immigration, blasted Trump on Twitter: “@RealDonaldTrump Unbelievable! Amnesty is a pardon for immigration law breakers coupled with the reward of the objective of their crime.”
Other conservatives suggested the President had violated his promise on the campaign trail.
For now, the bipartisan effort to protect DACA recipients is far narrower than anything the Gang of Eight attempted — and the Republicans who are new to the talks insist on keeping it that way. In exchange for a potential path to citizenship for young immigrants, Republicans would get additional border security that included barriers, more personnel and technology. And anything agreed to, again, would have to have the blessing of the White House.
“I think it will be hard for Breitbart to attack Republicans who support Donald Trump’s immigration plan,” said GOP consultant and former Rubio spokesman Alex Conant.
Some also argue that DACA recipients themselves are easier to defend on the campaign trail, no matter how conservative your district is.
“I think it’s much harder to arouse hostility against the DREAMers,” former House Speaker Newt Gingrich told CNN. “But I also think the President is making real progress in controlling the border and dealing with illegals and going after MS-13.”
Rep. Mario Diaz-Balart, a Florida Republican who has worked for years on immigration reform in the House and has seen the politics evolve, said he’s been “encouraged” by how many Republicans still want to be involved despite the risks.
“The safe thing to do is just stay away from the issue, but I have been very encouraged by the number of Republicans who want to get involved,” Diaz-Balart said.

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

No deal yet, and not clear there will be.

At some point, the GOP is going to have to start governing in the overall public interest, not just the interests of the 20-30% of  voters who make up the dreaded “Trump Base.” Yeah, I understand that without the support of the “Trump Base” the GOP might revert to its proper place as a minority party.  But, eventually, even the “Base,” plus gerrymandering, plus voter suppression won’t be able to save the GOP. Leaving the retrogressive policies of “the Base” behind would make the GOP more competitive with the rest of the electorate. It would also make America better and stronger, both domestically and internationally. And, assuredly, the “Trump Base” represents a “dying breed” in American politics. It’s just a question  of how nasty and for how long its “death throes” will last.

PWS

01-05-17

THE HILL: NOLAN SAYS THIS MIGHT BE THE DREAMERS’ BEST, AND ONLY, DEAL!

http://thehill.com/opinion/immigration/367009-without-a-trump-democrat-trade-the-dream-act-is-just-a-dream

 

Family Pictures

Nolan writes:

“A Proposal.

Trump supports the congressional establishment of a temporary DACA program for current DACA participants in return for funding to complete the border fencing that was mandated by the Secure Fence Act of 2006, which was passed in the Senate by a vote of 80 to 19. The yeas included current Senate party leaders Mitch McConnell (R-Ky.) and Schumer and former Senators Barack Obama (D-Ill.) and Hillary Clinton (D-N.Y.).

DHS only completed 653 miles of the 700-mile mandate, which leaves 47 miles for Trump. This would give him a chance to show that he can erect a “beautiful wall” for a reasonable price — the question is if Democrats will accept that cost.”

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Go on over to The Hill to read Nolan’s complete article, which contains much more information on the Dream Act proposal.

I’ve said for some time now that I think 47 miles of additional border wall/fencing for a path to permanent status for the current “Dreamers” would be a good trade off for both parties.

PWS

01-04-18

SO-CALLED “SANCTUARY CITY” NEW YORK SEES AMAZING DROP IN CRIME! — Maybe Gonzo Should Stop Lobbing Anti-Immigrant Grenades & Study What Actually Works!

https://www.nytimes.com/2017/12/27/nyregion/new-york-city-crime-2017.html?_r=0

Ashley Southall reports for the NYT:

“It would have seemed unbelievable in 1990, when there were 2,245 killings in New York City, but as of Wednesday there have been just 286 in the city this year — the lowest since reliable records have been kept.

In fact, crime has fallen in New York City in each of the major felony categories — murder and manslaughter, rape, assault, robbery, burglary, grand larceny, and car thefts — to a total of 94,806 as of Sunday, well below the previous record low of 101,716 set last year.

If the trend holds just a few more days, this year’s homicide total will be under the city’s previous low of 333 in 2014, and crime will have declined for 27 straight years, to levels that police officials have said are the lowest since the 1950s. The numbers, when taken together, portray a city of 8.5 million people growing safer even as the police, under Mayor Bill de Blasio, use less deadly force, make fewer arrests and scale back controversial practices like stopping and frisking thousands of people on the streets.

“There is no denying that the arc is truly exceptional in the unbroken streak of declining crime,” said William J. Bratton, who retired from his second stint as police commissioner last year.

But officials see one area of concern: an uptick in reports of rapes toward the end of the year. The increase, which officials said included a higher-than-normal number of attacks that occurred more than one year ago, coincided with the publication of accusations against powerful men like Harvey Weinstein, which gave rise to the #MeToo movementencouraging victims to come forward. City police officials have said they believed news coverage played a role in the spike in reports, though they also credited their own efforts combating domestic violence with encouraging victims to speak up.

And while rapes were down from last year by one, to 1,417, misdemeanor sex crimes — a catchall for various types of misconduct that includes groping — ticked up 9.3 percent to 3,585 so far.

The lower homicide numbers are still preliminary — and include one announced on Wednesday night — but they jibe with large drops in killings in major cities like Chicago and Detroit, while contrasting with sizable increases in killings in smaller cities like Charlotte and Baltimore.

The city today is a far cry from what it was when Mr. Bratton arrived in 1990 to become the head of the then-separate Transit Police. Not only were there 2,245 killings that year, but there were more than 527,000 major felony crimes and more than 5,000 people shot. Shootings have plunged to 774 so far this year, well below last year’s record low of 998. And for the first time, fewer than 1,000 people have been hurt by gunfire: 917 as of Sunday.

The continued declines are a boon to Mr. de Blasio, a Democrat elected on promises of police reform — promises that prompted warnings of mayhem to come by his opponents in 2013. But the opposite has happened, putting him on stronger footing as he pivots to a second term with a Police Department transformed to exercise greater restraint as it focuses on building trust in the city’s neighborhoods.

Franklin E. Zimring, a professor at University of California, Berkeley, School of Law, said the downturn was an “astounding achievement,” but it raised another question: How long and low will crime fall?

“We don’t know when we’ve exhausted the possibilities of urban crime decline, and we won’t know unless and until New York scrapes bottom,” said Mr. Zimring, who analyzed the first 20 years of New York’s historic crime reduction and expounded on it in a book.

Mr. de Blasio and the police commissioner, James P. O’Neill, credit recent drops in crime to the Police Department’s emphasis on going after the relatively small groups of people — mostly gangs and repeat offenders — believed to be responsible for most crime, while also building relationships in communities where trust has been strained.

Mr. Bratton applauded political support for the police from the mayor, who provided funding for investments in officer hiring, training, equipment and overdose-reversal drugs.

One of the results is that police officers are using deadly force less often. As of Dec. 20, police officers intentionally fired their service guns in 23 encounters, a record low, down from 37 in 2016. The Police Department said officers were relying more on stun guns, which were used 491 times through November, compared with 474 times during the same period in 2016. More than 15,000 officers have been trained how to use them.

But criminologists differ about the cause of the continued declines. Mr. Zimring said that while better policing accounted for much of the decline in crime since 1990, it was no longer a primary driver. New York is “tiptoeing” toward a 90 percent crime decline for reasons that remain “utterly mysterious,” he said.

More broadly, research suggests that crime trends are closely tied to economic conditions. Interest rates, inflation and unemployment are among the macro-level factors influencing crime, according to James Austin, the president of the JFA Institute, a criminal justice policy nonprofit.

“What the Fed does will have more of an impact than any sentencing or police reforms,” Mr. Austin said.

The reductions in New York are a part of what the Brennan Center for Justice expects will be a 2.7-percent decline in crime rates and 5.6-percent drop in murder rates across the country’s largest cities. After record-high bloodshed last year, killings in Chicago have declined 15 percent.

Through August, rape was down in New York City 7 percent compared with last year, but a small increase in September was followed by spikes in October and November. The New York Times first published accusations against Mr. Weinstein on Oct. 5.

Reports of rapes that had occurred in a previous year, meanwhile, were up almost 12 percent through November. In response, the Police Department is adding investigators to its Special Victims Unit and hasmodernized the techniques detectives use to investigate claims.

“We can’t answer definitively” what is driving the rise, Commissioner O’Neill told reporters at a crime briefing this month. “At least I can’t. But we’re seeing people coming forward and having faith in the N.Y.P.D. And that’s what we want to happen.”

Whatever the reason for New York’s crime reductions, the statistics do not capture the complete picture of public safety. Some crimes are not represented fully or at all: acts of domestic violence, sexual assaults, identity thefts, hate crimes, and shootings that don’t result in injuries or damage.

In some cases, the data annotates horrible crimes: an ISIS-inspired truck rampage on a Manhattan bike lane on Halloween that left eight people dead; the ambush killing of a police officer, Miosotis Familia, 48, who was shot in the head on July 4 while sitting in her R.V.-style command post in the Bronx; the death of Timothy Caughman, 66, a black man, at the hands of a sword-wielding white supremacist on March 20.

Increasingly, officers are receiving calls to help people in emotional crises. The police responded to 157,000 such calls in 2016. But only 7,000 officers have received crisis intervention training for handling those situations.

While most police encounters are resolved without officers resorting to deadly force, fatal police shootings of people in emotional distress — including Dwayne Jeune on July 31 in Brooklyn and Miguel Richards on Sept. 6 in the Bronx — have drawn scrutiny. A police sergeant, Hugh Barry, was indicted on murder charges in May for the fatal on-duty shooting of a mentally ill woman, Deborah Danner, in October 2016. His trial is scheduled to begin in January.”

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AG Jeff “Gonzo Apocalypto” Sessions’s White Nationalist inspired anti-immigrant, anti-Sanctuary Cities, “turn a blind eye to police brutality” campaign actually impedes the type of community-trust based policing that appears to work in reducing crime. As I have noted before, Gonzo’s policies show little respect for the Constitution, the rule of law, or state and local rights, but lots of anti-immigrant bias.

PWS

01-01-18

HOW THE WHITE NATIONALIST RESTRICTIONSTS MIS-APPROPRIATED AND MIS-CONSTRUED THE TERM “CHAIN MIGRATION” – It’s All About Race & Culture Wars, Not The Best Interests Of The US!

https://www.vox.com/policy-and-politics/2017/12/29/16504272/chain-migration-family-how-trump-end

Dara Lind writes for VOX:

“Over the course of President Donald Trump’s first year in office, his administration’s top immigration priority has shifted subtly. He’s talking less about deporting “bad hombres” and talking more — a lot more — about how “chain migration” is bad for the United States.

“We have to get rid of chainlike immigration, we have to get rid of the chain,” Trump told the New York Times’s Mike Schmidt in an impromptu interview at his West Palm Beach golf club in December. He followed it up, as he does, with a tweet:

“Chain migration” — which is loosely used as a synonym for all immigration to the United States that happens based on family ties (when a US citizen or, in some cases, a green card holder petitions for a relative to join them) — has become a conservative boogeyman, and an excuse to cut down on legal immigration. It’s long been a target of immigration restrictionists whose concerns about immigration are less about people “respecting the law” than about the government exercising stricter control over who enters the country.

Under the Trump administration, those restrictionists have more political power than they’ve had in a generation — and they’re using it to prosecute an aggressive case against the family-based system as it stands.

The Trump administration’s attacks on “chain migration” have helped shift the terms of the debate over immigration policy. “Chain migration” is being invoked, among other things, to frame two totally different demands Republicans have made in the debate over legalizing immigrants temporarily covered by the Deferred Action for Childhood Arrivals program: preventing current DACA recipients from sponsoring their parents after becoming citizens, and cutting or eliminating some categories of family-based immigration for all immigrants in exchange for legalizing DACA enrollees.

But it’s not just during the DACA debate. The Trump administration blamed the failed New York subway bombing in December on “chain migration” because the would-be bomber came as the child of a US citizen’s sibling in 2010. Its National Security Strategy, issued Monday, called chain migration a security threat.

In other words, the Trump administration’s attack on “chain migration” isn’t just a setup for a particular policy fight. It’s about who is allowed to be a part of America — and whether changes to the country’s makeup are healthy demographic development or a sign of uncontrolled invasion.

“Chain migration” is the technical name for a commonsense idea: People are more likely to move where their relatives are

The dynamic underlying “chain migration” is so simple that it sounds like common sense: People are more likely to move to where people they know live, and each new immigrant makes people they know more likely to move there in turn.

But as obvious as the reality is on the ground, it wasn’t always incorporated into theoretical models of migration (particularly economic models). Economists tended to think about the decision to migrate as a simple calculus of how much money someone was making at home versus how much he could be making abroad, rather than understanding that the decision was more complicated — and that family and social relationships played a role.

Princeton demographer Doug Massey, one of the leading scholars on immigration to the US at the end of the 20th century (and the beginning of the 21st), was one of the scholars who tried to correct this oversimplified view. As he put it in an essay for the Inter-American Parliamentary Group on Population and Development in the early 1990s:

The first migrants who leave for a new destination have no social ties to draw upon, and for them migration is costly, particularly if it involves entering another country without documents. After the first migrants have left, however, the costs of migration are substantially lower for their friends and relatives living in the community of origin. Because of the nature of kinship and friendship structures, each new migrant creates a set of people with social ties to the destination area.

These immigrants would also end up behaving differently once they arrived in their new countries. If they were just there for economic reasons, they’d have an incentive to move back once they’d made enough money, or circulate back and forth. But immigrants who move for social reasons are moving to a new community — a new place they’ll stay. That’s an upside if you think it’s important for immigrants to become American — and a downside if you think the US should be much pickier about who gets to move here for good than it is about who gets to work here.

One upshot of chain migration: Any policies that made it easier for immigrants to bring their relatives would allow migration chains to form, thus expanding immigration into the country. “Family reunification systems,” Massey wrote, “work at crosspurposes with the limitation of immigration.”

Massey and the other demographers of “chain migration” weren’t presenting it as a negative. But their words were easily adopted by people who did. The Massey essay quoted above ended up being reprinted in an issue of The Social Contract — the journal founded by immigration restrictionist mogul John Tanton, who also founded the three most visible restrictionist organizations in American politics (the think tank the Center for Immigration Studies and the advocacy groups NumbersUSA and FAIR).

The Social Contract was a forum for concerns about the threat of mass immigration (particularly mass nonwhite immigration) to the United States. (The Southern Poverty Law Center, which considers all Tanton-affiliated institutions to be “hate groups,” has a rundown of some of the journal’s more incendiary content.) Massey, on the other hand is a longtime supporter of reforms that would make it easier for immigrants to come to America.

An article by a supporter of expansive immigration policy could be reprinted, with few apparent edits, in a journal for his intellectual opponents only because the debate over chain migration is fundamentally not about whether it happens, but whether it’s okay. Defenders of chain migration tend to argue that it’s important for immigrants to put down roots in the US, and that having a family here is part of what that means.

Opponents, on the other hand, see family-based immigration as the government ceding some control for who gets to come here, so that it’s not selecting individuals in a vacuum — which leads rapidly to fears of the US government losing control of the immigration system entirely.

The actual policy behind “chain migration”

It’s not clear whether President Trump understands how family-based immigration actually works — and when it can lead to “chains” of relatives. Trump has claimed that the man who ran over several pedestrians in New York in November brought 23 (sometimes he says 24) relatives to the US in the seven years he’d lived here — a claim that chain migration opponent Mark Krikorian of the Center for Immigration studies said was impossible. And the White House’s “chain migration” diagram makes it looks like each generation of adults brings in children, which brings their children — which isn’t how chain migration works.

To better understand what policies, exactly, opponents of “chain migration” are worried about, check out this chart from the restrictionist advocacy group NumbersUSA — which is a more detailed representation of the same fear of overwhelming, uncontrollable waves of migration.

It’s a little overwhelming!
NumbersUSA

Let’s walk through the scenario in that chart. It depicts an immigrant who’s come to the US on an employment-based green card (in black) and is able to bring over his spouse and children immediately. He can also petition for his parents to come to the US on green cards, and — after he becomes a citizen (something the NumbersUSA chart doesn’t clarify) — he can petition for his siblings as well (all in gray).

The siblings all bring over their spouses and children immediately, and the spouses (in orange, maroon, navy, and teal) petition to bring over their own parents and (upon naturalization) their own siblings. The original immigrant’s parents (eventually) petition for their own siblings to come to the US, and the siblings then petition to bring over their married adult children — whose spouses can then petition for their own parents and (eventually) siblings, etc., etc.

Meanwhile, the original immigrant’s spouse can petition for her parents (in pink) and, once she becomes a citizen, her siblings (in blue, purple, red, and green). Those siblings bring over their spouses, who subsequently petition for their own parents and siblings, etc., etc.

There are a ton of assumptions in this model about the way immigrants behave — why is everyone in families of four or five? Does no one really want to stay in her home country? Is there no such thing as a bachelor in any of these families? — but the visa categories under US law make it a hypothetical possibility. But the thing is, US policymakers know that it’s a hypothetical possibility. And there are safeguards built into the system that restrict family-based immigration far more than the diagram would have you believe.

In practice, bringing over a family member takes years — which makes it very hard to build a chain

No one is automatically allowed to immigrate to the US. Anyone applying for residency in the country has to go through a standard vetting process — including a criminal and terrorism background check, and an evaluation of whether they’re likely to become a “public charge” in the US (i.e., be unable to support themselves for income and rely on social programs).

Trump’s National Security Strategy claims that “chain migration” is a problem for national security, but there’s nothing inherent to the way someone is allowed to immigrate to the US that makes it harder for the US to catch would-be terrorists — that is, if anything, a failure of the screening process.

The bigger obstacle, though, isn’t qualifying to immigrate — it’s that the number of hypothetically qualified family-based immigrants greatly exceeds the number of slots available for immigrants each year. The US doesn’t set caps on the number of spouses, minor children, or parents of US citizens who can come to the US each year — but, again, those categories in themselves don’t create chains.

The categories that do create chains are strictly capped: 23,400 married children of US citizens (plus their own spouses and minor children) are allowed to immigrate each year, and 67,500 adult siblings of US citizens (plus spouses and minor children). Furthermore, because the total number of immigrants coming from a particular country each year is capped, would-be immigrants from Mexico, China, India, and the Philippines end up facing even longer wait times.

When people talk about the “visa backlog,” this is what they mean: In January 2018, for example, the US government will start processing applications for F4 visas (the siblings of US citizens) who first petitioned to let them immigrate on June 22, 2004, or earlier. That is, unless the sibling lives in India (in which case the petition had to be filed by December 2003 to get processed in January 2018), Mexico (November 1997), or the Philippines (September 1994).

Sudarshana Sengupta, pictured here with family in Massachusetts, had been waiting for a green card for seven years when this picture was taken.
Washington Post/Getty Images

Understanding that an F4 visa is a 13- to 23-year process throws that NumbersUSA diagram into a different light. How implausible it is depends on your assumptions about how close together generations are, and how young the immigrants are when they come to the United States. But if you start by understanding that the first members of the orange, maroon, navy, teal, blue, purple, red, and green chains don’t enter the US until 18 years after the original immigrant (signified by black) does — and that the first immigrants in the yellow section of the chart don’t enter the country until 23 years later — it should give you a sense of how long it will take in to fill in the rest of the chain.

In practice, this ultimately looks like a lot of people coming to the US in late middle age. That’s backed up by the data: A study from Jessica Vaughan of the Center for Immigration Studies — which is critical of “chain migration” — found that the average age of immigrants to the US has risen over the past few decades, and that family-based immigration was a substantial cause.

But even then, the NumbersUSA scenario assumes that all the immigrants can afford to sponsor a family member to immigrate to the US. A US citizen (or green card holder seeking to bring an unmarried child or parent) has to prove to the government that they can provide financial support if their relative needs it, rather than relying on the government for aid.

In practice, this means that every immigrant needs to have someone vouching for them whose household income is 125 percent of the poverty line — and the “household” includes the relative who’s trying to come to the US. In other words, a single adult could sponsor his parent to immigrate if he made at least $20,300 — 125 percent of the federal poverty line for a two-person household — but if he had a spouse and two children, he’d have to be making 125 percent of the poverty line for a five-person household. And that includes any other immigrants who the household is sponsoring at the same time.

So an immigrant with a wife and two children who wanted to sponsor his parents and four siblings to immigrate as soon as he became a citizen would have to be making $56,875 — around the median income in the US. And if his spouse were trying to do the same thing with her parents and four siblings, as in the NumbersUSA chart, they’d have to be making $83,000 — which would place them in the 66th percentile of US household income.

That’s not impossible. But it certainly calls into question the stereotype of family-based migration as a way for “low-skilled,” low-earning immigrants to bring their low-skilled, low-earning relatives into the US.

There are ways for citizens to get other people to agree to help support a potential immigrant relative. But at the same time, the US government has discretion to reject an application, even if the citizen meets the income threshold, if they suspect that in practice the immigrant won’t be supported in the US. (Another factor in determining “public charge”is age — which is interesting, given the data about family-based immigrants being older.)

Add all of these factors together, and it becomes clear that an immigrant won’t be able to bring that many relatives to the US over the course of his or her lifetime. Vaughan’s studyfound that as of 2015, immigrants who came to the US from 1981 to 2000 had sponsored an average of 1.77 relatives to come join them. The most recent immigrants in the study — those who came to the US in the late 1990s — had sponsored the most relatives: 3.46. But both of those numbers include the minor children they brought with them at the time: In other words, they were hardly starting 3.46 new “chains.”

If anything, in fact, the family-based system is so overloaded that it ends up creating unrealistic hopes in people that they’ll be able to immigrate to the US. If your sibling moves to the US on a work visa, for example, you might start to hope that he’ll eventually be able to bring you along — but if you try to plan your life around that, you’ll end up waiting for two decades.

There are hints all this panic over “chain migration” is really about fear of cultural change

All of this is relevant to a conversation about whether to further restrict, or eliminate, the F3 and F4 visas for married children and adult siblings of US citizens. And indeed, that’s the most common policy demand being made by Republicans who are seeking to end or reduce “chain migration.”

But the most stalwart opponents of “chain migration,” the ones who use it to refer to all family-based immigration, period, are talking not just about the mechanics of the chain but about a bigger normative question: whether allowing immigrants to come as family units, or allowing people to immigrate based on family relationships, gives the US too little control over who gets to come.

The ultimate impression of both the White House and NumbersUSA “chain migration” diagrams is to make it seem that admitting a single immigrant unleashes an uncontrollable tide of infinite future family-based immigration — that each immigrant is a one-person Trojan horse for hundreds more.

A pro-Brexit billboard depicting a stream of refugees “overrunning” Britain.
This is an image from the pro-Brexit campaign, but the theme’s the same: a lack of control.
Daniel Leal-Olivas/AFP via Getty

“As more and more immigrants are admitted to the United States, the population eligible to sponsor their relatives for green cards increases exponentially,” the restrictionist group FAIR says on its website. “This means that every time one immigrant is admitted, the door is opened to many more.”

This potent visual is why “chain migration” has been a longtime target of immigration restrictionists, even when the Republican Party as a whole was attempting to welcome legal immigrants. For people whose biggest fear regarding immigration is that immigrants will change the face of America — that they’ll trample the country’s “traditionally” white, Christian majority — there’s little more potent than the idea of immigrants bringing over huge families, replanting their communities whole in American soil.

This fear goes hand in hand with a fear that immigrants won’t assimilate. When immigration restrictionists cite the second quarter of the 20th century as a great time for the United States, they’re not (at least explicitly) praising the racist country quotas that governed immigration at the time. They’re (explicitly) praising the fact that, with overall immigration levels low, immigrants were forced to interact with and eventually integrate among US citizens. The more immigrants that come over — and especially the more that immigrants bring their families over — the less, in theory, that they and their descendants will have to interact with people from outside of their community. In turn, this gets into fears that parts of America could become alien to Americans — cultural, or literal, “no-go zones.”

The use of “chain migration” in the current debate over DACA, to refer to DACA recipients allowing their parents to become legal immigrants, complicates the matter even further. Because the parents of DACA recipients have, by definition, lived in the US as unauthorized immigrants, this isn’t really about bringing new people into the US — it’s about legalizing people who are already here (or bringing people back who have been deported, something US policy already makes pretty hard).

The insistence among some Republicans that “Dreamers” not be allowed to sponsor their parents, even after they become US citizens, is really about not wanting to “reward” unauthorized immigrants for living in the US without papers. They’re worried about losing “control” in a slightly different sense — worried that any “reward” for illegal behavior will incentivize a new wave of unauthorized migration to take advantage of potential rewards. This is pretty far afield from the way that “chain migration” is commonly understood — but that’s the word being used in the DACA debate anyway, not least because the president has helped turn it into a buzzword.

Because these memes, and the fears that they provoke, are all so tightly connected, “chain migration” is both an ideological concern about America selecting immigrants based on their merit, and a racist smokescreen for fears of demographic change. It can be hard to separate the two. And it’s certainly not in the interests of the opponents of “chain migration” to try.

There’s a reason that family-based immigration has lasted as long as it has

It’s a lot easier to get people to agree, in theory, that the US should be accepting immigrants on the basis of “merit” — i.e., without concern for whether they have relatives living here — than it is to get them to agree on exactly what should be done to reduce the importance of family-based immigration to the current system.

For one thing, many policymakers, including many Republicans, see allowing some family members to immigrate as an important factor in encouraging integration. Allowing immigrants to bring along their spouses and minor children, for example, makes it less likely that they’ll decide to return to their home countries — and it means their children will grow up American, in more ways than one.

There are also policymakers who see family unity as a value worth protecting for its own sake (an argument you’ll often hear among religious advocates). And there’s, of course, an ethnic component. Asian Americans, in particular, feel that they are still trying to make up ground after decades of racist exclusion from the immigration system — and family-based immigration has been the best way for them to make that ground up. Mexican Americans, too, feel that the current system has unfairly forced Mexican immigrant families to be separated while other families get to reunite with ease.

All of these objections have combined, so far, to make Democrats firmly opposed to any proposal that would restrict future family-based immigration. But as “chain migration” begins to eclipse other issues (like immigration enforcement in the interior of the US) as a top Republican priority, it’s not clear whether Democrats’ commitment to hypothetical legal immigrants of the future is going to win out over their commitment to legalizing unauthorized immigrants who are currently here.”

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The fear that the US won’t be a “White Christian country” is what’s really driving the campaign against family migration (a/k/a/ “chain migration”). But, in reality, the days of the US as a “White Christian Empire” are in our national rearview mirror, no matter what the White Nationalist restrictionists do. It’s really just a question of how much pain, suffering, and divisiveness the White Nationalists can inflict as their already tenuous control inevitably continues to slip.

As almost all “non-restrictionist” economists tell us, restrictive national immigration policies are not in our national interest. In fact, more, not less legal immigration is going to be a necessity to keep our economy from stagnating like that of Japan and some European countries. Indeed, Paul Ryan’s goofy “everyone should have more kids” was an acknowledgement of how our future success depends on a robust legal immigration system.

Also, the concept that the legal admission of Dreamers is a “negative” that has to be “offset” by cuts in legal immigration elsewhere is pure fiction. Dreamers are already here and contributing to our society and our national welfare. Giving them legal status is not only the right thing to do, but also the smart thing. And doing the “smart thing” requires no bogus “offsets.”

PWS

01-01-18

AMERICA THE FORMER GREAT: UNDER TRUMP, AMERICA HAS SURRENDERED ITS WORLD LEADERSHIP POSITION — It’s Unlikely We’ll Ever Get It Back!

https://www.cfr.org/blog/year-one-america-first-global-governance-2017/?cid=3D=

 

 

Patrick T. Stewart writes for Foreign Affairs:

Coauthored with Anne Shannon, former intern in the International Institutions and Global Governance program at the Council on Foreign Relations.

After President Donald J. Trump’s election last fall, many experts predicted that 2017 would be a tumultuous year for international cooperation. During his campaign, Trump promised to “make America great again” by renegotiating or renouncing “bad” and “unfair” international agreements, and questioned the value of international institutions. Since January, Trump’s “America First” policies have seen the United States abdicate its global leadership role. Yet contrary to expectations, multilateral cooperation on pressing issues like climate change and migration has continued, as other states have stepped up to lead. Despite all the tumult, the world has recorded several important achievements for multilateralism alongside the setbacks.

Climate Change

More on:

Global Governance Diplomacy and International Institutions Trump Foreign Policy 2017
Trump’s largest blow to international cooperation came in June when he announced his intention to withdraw the United States from the Paris Climate Accord. Early reactions suggested that other countries might respond in kind, reneging on their commitments and stalling overall progress on environmental governance. Nevertheless, this November’s climate conference in Bonn, aimed at finalizing aspects of the Paris Agreement, was a success. Participating states secured additional funding for climate initiatives and agreed to several objectives in the fields of agriculture, indigenous rights, and gender equality in climate governance.

French President Emmanuel Macron, who has made combatting climate change a signature policy, hosted a separate global climate conference this December, raising additional funds to meet Paris commitments. And while the Trump administration signaled its intent to abandon the agreement, many U.S. states, cities, and companies have stepped into the void, pledging commitments of their own. The successes in Bonn and Paris, combined with near-unanimous international support for the Paris Accords, indicate that multilateral cooperation on climate change will continue without U.S. leadership, even if the politics look challenging.

Global Trade

Trump’s protectionist campaign positions suggested that global trade would take a beating in 2017. Experts warned of trade wars, predicting that a downward spiral of tit-for-tat measures could strangle economic growth. In fact, according to the International Monetary Fund (IMF), global trade in goods and services increased, growing 4.2 percent in 2017, almost twice the growth registered in 2016. Despite Trump’s decision to pull the United States out of the Trans-Pacific Partnership (TPP) and threats to pull out of the North American Free Trade Agreement (NAFTA), neither deal is dead yet. The remaining TPP members revived the idea of trans-pacific trade at the Asia-Pacific Economic Partnership (APEC) summit in November, making significant progress without the United States toward what is now known as the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP).

Even as extreme U.S. demands stall NAFTA renegotiations, U.S. public support for NAFTA increased in 2017, pressuring the Trump administration not to withdraw from the agreement. While the United States has abdicated global trade leadership, the European Union (EU) has made progress on several important agreements of its own, notably one with Japan, encompassing countries that account for over 30 percent of the world’s GDP. The EU-Japan agreement will reduce the ability of the United States to set world product standards and other regulations—disadvantaging U.S. exports in the process. In exercising his America First strategy, President Trump could actually hurt U.S. businesses. Reinforcing this possibility was the disappointing December WTO ministerial meeting in Argentina, in which parties failed to reach any significant multilateral deals.

Migration

Trump has continually and publicly expressed negative opinions about immigrants, particularly (although not exclusively) illegal ones. He demands a wall between the United States and Mexico and has signed several executive orders attempting to halt refugee admissions, as well as ban immigrants from various Muslim-majority countries. Nevertheless, international efforts to cooperate on migration issues have continued, notwithstanding certain setbacks.

In December, Mexico held multilateral negotiations toward a Global Compact on Migration, despite the United States withdrawal from the negotiating process. In November, the African Union-European Union summit saw both blocs condemn the situation of migrants in Libya and pledge to work toward a joint migration task force. All is not rosy, of course. According to Amnesty International and other groups, EU governments remain complicit in the Libyan migrant crisis. Elsewhere, Australia closed a refugee camp on Manus Island in Papua New Guinea, while Bangladesh and Brazil struggled to accommodate influxes of refugees across their borders.

Nuclear Proliferation

Despite Trump’s decision not to recertify the “terrible” Iran deal, the Joint Comprehensive Plan of Action (JCPOA) remains alive. Europe strongly condemned Trump’s decision, and along with China and Russia, pledged to remain committed to the JCPOA as long as Iran complies, even if the United States backs out. Were such a breakdown between the United States and other permanent UN Security Council members (as well as Germany) to occur, the U.S.-led sanctions regime against Iran could well disappear as European, Chinese, and Russian firms deepen business ties with Iran. The continued success of the JCPOA is also vital for the prospects of a peaceful resolution of tensions with North Korea. Indeed, some argue that the JCPOA could be a blueprint for a similar agreement with North Korea. By contrast, the United States would lose any negotiating credibility with North Korea if the Trump administration pulls out of the Iran agreement.

International Institutions

Global governance has held ground in 2017 in other, less publicized, ways. The IMF and the World Bank, unlike other multilateral institutions, have largely escaped Trump’s criticism. Although several senior administration officials have long histories of disliking the IMF and World Bank, savvy diplomacy by Jim Yong Kim and Christine Lagarde seems to have placated the Trump administration so far.

President Trump has also backpedaled on some of his criticisms of international alliances and organizations. After repeatedly calling the North Atlantic Treaty Organization (NATO) obsolete on the campaign trail, Trump deemed NATO “no longer obsolete” in April after meeting Secretary-General Jens Stoltenberg. Trump also toned down his rhetoric on the United Nations. In April he called the organization “unfair” and an “underperformer;” in September the president tweeted that the “United Nations has tremendous potential.” (Whether this rapprochement will withstand the UN General Assembly’s condemnation of the unilateral U.S. recognition of Jerusalem as Israel’s capital remains to be seen.)

America First’s Future

Looking forward to 2018, it is difficult to predict how Trump’s America First agenda will affect global governance, particularly with a notoriously unpredictable president. It is possible that Trump will continue to renege on some campaign promises. Moreover, midterm elections in November could severely cripple his ability to pass nationalist-minded legislation. Still, he retains significant leeway, should he choose to use it, to undermine NAFTA, the JCPOA, and other international agreements through executive action.

Regardless of the president’s choices, his actions cannot overturn a fundamental contemporary reality—namely, that transnational challenges require global solutions. The lesson of 2017 is that other states are willing to step forward to fill some of the leadership roles vacated by the United States. In pulling back from international cooperation, Trump is forfeiting the United States’ historically important role in shaping international norms and multilateral policies. Nations that are willing to pick up the slack, whether under authoritarian regimes (like China) or democratic leadership (like France), will shape international rules and institutions to conform to their own priorities, not necessarily American ones. And they will not be eager to give up their new-found influence if and when the United States decides it wants the reins of global influence back.

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Surrendering moral, economic, and political leadership to the likes of Presidents Putin and Xi, plus making ourselves an inherently unreliable ally, will have long term adverse consequences for our country.

Bad stuff from the worst Administration in US history!

And, what does it say about those who voted for Trump and continue to support or aid and abet him?

PWS

01-01-18

 

THE MAN WHO WOULD BE BURGER KING! — SO MANY LIES, SO LITTLE TIME! — TRUMP: “More Whoppers Than Burger King At Lunchtime!”

https://www.washingtonpost.com/news/fact-checker/wp/2017/12/29/in-a-30-minute-interview-president-trump-made-24-false-or-misleading-claims/

 

 

 

Glenn Kessler reports for the Washington Post’s Fact Checker:”

“President Trump gave an impromptu half-hour interview with the New York Times on Dec. 28. We combed through the transcript and here’s a quick roundup of the false, misleading or dubious claims that he made, at a rate of one every 75 seconds. (Some of the interview was off the record, so it’s possible the rate of false claims per minute is higher.)

“Virtually every Democrat has said there is no collusion. There is no collusion. . . . I saw Dianne Feinstein the other day on television saying there is no collusion.”

Trump appears to be referring to an interview with Sen. Dianne Feinstein (D-Calif.), a member of the Senate Intelligence Committee. She did not flatly say there was no collusion and instead was more nuanced. Asked by CNN’s Jake Tapper on Nov. 5 whether she had “seen any evidence that this dirt, these emails, were ever given to the Trump campaign,” she replied: “Not so far.” Tapper then asked: “Have you seen any communications that suggested that the Trump campaign wanted them to release them through a different means?” She answered: “I have not.”

“I think it’s been proven that there is no collusion.”

Trump is entitled to his own opinion, but he sidesteps the fact that the investigation has revealed that members of the Trump campaign interacted with Russians at least 31 times throughout the campaign. There are at least 19 known meetings, in addition to the indictments or guilty pleas of his campaign manager, national security adviser and others. Here’s The Fact Checker’s video on our count.

3:09
All the times members of the Trump campaign interacted with Russians

The Trump campaign and the White House have said there was no contact between anyone on their staff and Russia. This isn’t true. (Meg Kelly/The Washington Post)
“There was collusion with the Russians and the Democrats. A lot of collusion. . . . Starting with the dossier. But going into so many other elements. And Podesta’s firm.”

Trump has falsely accused Clinton campaign manager John Podesta of being involved with a Russian company. Tony Podesta co-founded the Podesta Group, a lobbying firm, with his brother John. But it’s a U.S.-based company, not a company in Russia. Trump likely is referring to the Podesta Group being paid $170,000 over six months to represent Sberbank, a Russian bank. The Podesta Group said its work for Sberbank USA was “never about getting sanctions lifted,” and “was simply about helping to clarify to what extent our client, the U.S. subsidiary [of Sberbank], was subject to sanctions. We confirmed they were not.” As for alleged collusion between the Democrats and Russia, Trump is referring to the fact that Fusion GPS, the political research firm that assembled the dossier as part of an assignment for Democrats, relied on a British intelligence agent who used Russian sources for his research. So that’s a rather big stretch.

Here’s the Fact Checker’s video on the Fusion GPS Russian connections.

3:28
What you need to know about Fusion GPS, the Trump dossier and Russian interests

How is Fusion GPS connected to the Trump dossier, Donald Trump Jr.’s Trump Tower meeting and the 2016 election? The Fact Checker explains. (Video: Meg Kelly/Photo: Jabin Botsford/The Washington Post)
“I won because I campaigned properly and she didn’t. She campaigned for the popular vote. I campaigned for the electoral college.”

There is no evidence that Hillary Clinton campaigned for the popular vote, which Trump previously has said he would have won if not for fraud. Clinton campaigned in many battleground states, including Republican-leaning ones where she thought she had a chance. She did not campaign as much in two states — Michigan and Wisconsin — that were considered locks for Democrats but which Trump narrowly won. Clinton won the popular vote by nearly 3 million. If 40,000 votes had switched in three states, Trump would have also lost the electoral college.

“Paul [Manafort] only worked for me for a few months.”

Trump skips over lightly the fact that Manafort, now under indictment, was his campaign manager in the critical period in which he secured the nomination and accepted it at the GOP convention.

“There was tremendous collusion on behalf of the Russians and the Democrats. There was no collusion with respect to my campaign.”

This is a breathtakingly false statement. Little evidence has emerged of any collusion between the Democrats and Russia, whereas evidence has emerged of many contacts between Trump campaign officials and Russian-linked individuals. The FBI, CIA and National Security Agency earlier this year concluded that Russian President Vladimir Putin and his government “aspired to help President-elect Trump’s election chances when possible by discrediting Secretary Clinton and publicly contrasting her unfavorably to him.” The New York Times reported on Dec. 30 that the FBI investigation began because a Trump campaign aide told an Australian diplomat in May 2016 that the Russians had access to emails that would embarrass Clinton, well before research in the “dossier” was started. The Australian government then notified the U.S. government about the conversation.

“What I’ve done is, I have absolute right to do what I want to do with the Justice Department.”

Presidents do not have unfettered right to interfere with Justice Department investigations, unless they are actively seeking a constitutional crisis.

“I’m the one that saved coal. I’m the one that created jobs. You know West Virginia is doing fantastically now.”

West Virginia’s gross domestic product increased 3 percent in the first quarter of 2017. The recent bump is due in part to the increased price of metallurgic coal, which is used to make steel, and a price increase in natural gas exports. West Virginia produces roughly 5 percent of the natural gas in the U.S. and as the price of natural gas rises, the demand for coal increases, spurring growth in the state. Trump can’t take credit for the change in prices, which fluctuate with market forces. He previously earned Four Pinocchios for this claim, but he keeps saying it. As for “saving coal,” there has barely been any job growth in the coal industry since Trump became president. According to the Bureau of Labor Statistics, only 900 jobs have been created in the coal industry since Trump became president — an increase of less than 3 percent.

“There is tremendous collusion with the Russians and with the Democratic Party. Including all of the stuff with the — and then whatever happened to the Pakistani guy, that had the two, you know, whatever happened to this Pakistani guy who worked with the DNC?”

Trump echoes a conspiracy theory that a criminal case involving a Pakistani information technology specialist who worked for Rep. Debbie Wasserman Schultz — who had chaired the Democratic National Committee — was somehow related to the Russian hack of DNC emails. The case involves a fraudulent loan, and no evidence has emerged to connect it to the Russia investigation.

“They made the Russian story up as a hoax, as a ruse, as an excuse for losing an election that in theory Democrats should always win with the electoral college. The electoral college is so much better suited to the Democrats.”

Trump is falsely labeling nonpartisan investigations as made up by Democrats. The CIA concluded in 2016 that Russia intervened in the U.S. presidential election to help elect Trump, an assessment backed up by FBI Director James B. Comey and then-Director of National Intelligence James R. Clapper Jr. As we noted, the intelligence community released a declassified report expressing “high confidence” in this judgment. Senate and House committees led by Republicans have begun their own investigations, and a special prosecutor has been appointed. Meanwhile, Democrats obviously do not have an electoral college lock. According to a tally by John Pitney of Claremont McKenna College, every Republican president since Rutherford B. Hayes in 1876 won a larger share of the electoral college votes than Trump, with the exception of George W. Bush (twice) and Richard Nixon in 1968.

“I was for Strange, and I brought Strange up 20 points. Just so you understand. When I endorsed him, he was in fifth place. He went way up. Almost 20 points.”

Polls indicate that Trump’s endorsement made little difference in the Alabama senate race — and in fact Luther Strange lost to Roy Moore by a greater margin than polls suggested at the time of Trump’s endorsement. While Trump says Strange was in fifth place, there were only three candidates in the GOP primary.

“I endorsed him [Alabama senate candidate Roy Moore]. It became a much closer race because of my endorsement. People don’t say that. They say, ‘Oh, Donald Trump lost.’ I didn’t lose, I brought him up a lot.”

Polls can vary, but there is little evidence this is the case. The fact remains that Moore lost an election in a state where Democrats usually lose by double digits.

“We have spent, as of about a month ago, $7 trillion in the Middle East. And the Middle East is worse than it was 17 years ago. … $7 trillion.”

Trump, who previously would cite a number of $6 trillion, is lumping together the wars in Iraq (in the Middle East) and Afghanistan (in Central or South Asia), which together cost about $1.6 trillion from 2001 to 2014. He is also adding in estimates of future spending, such as interest on the debt and veterans’ care for the next three decades.

“By the way, and for that, we’ve ended across state lines. So we have competition. You know for that I’m allowed to [inaudible] state lines. So that’s all done.”

Trump signed an executive order encouraging the formation of health plans across state lines. But there is still a law in place that exempts insurance companies from aspects of federal antitrust law and ensures that individual states remained the primary regulators of insurance. We wrote about this before, when Vice President Pence earned Four Pinocchios for a false claim.

“I know the details of taxes better than anybody. Better than the greatest C.P.A. I know the details of health care better than most, better than most.”

Lawmakers who dealt with Trump on taxes and especially health care privately told reporters they were shocked how little he knew about these issues.

“We’ve created associations, millions of people are joining associations. Millions. That were formerly in Obamacare or didn’t have insurance. Or didn’t have health care. Millions of people.”

Trump is referring to an executive order, mentioned above, but it has no force in law on its own and no one has yet joined these associations. The rules spelling out how the executive order would work have not been issued yet, so Trump is simply making up his “millions” number.

“Now that the individual mandate is officially killed, people have no idea how big a deal that was. It’s the most unpopular part of Obamacare. But now, Obamacare is essentially … You know, you saw this. … It’s basically dead over a period of time.”

While the individual mandate was an important incentive for Americans to seek health insurance, it was only one part of a far-reaching law that remains intact. The repeal does not take effect until 2019, and enrollment in Obamacare has remained strong. The Congressional Budget Office says the marketplaces are expected to remain stable for years.

“We see the drugs pouring into the country, we need the wall.”

The wall will have virtually no effect on drugs coming into the country. According to reports by the Drug Enforcement Administration, the majority of drugs are smuggled through legal ports of entry or smuggled through underground tunnels. Trump previously earned Four Pinocchios for this claim, but he keeps saying it.

“They have a lottery in these countries. They take the worst people in the country, they put them into the lottery, then they have a handful of bad, worse ones, and they put them out. ‘Oh, these are the people the United States.’ … We’re going to get rid of the lottery.”

This is a gross misrepresentation of the diversity visa program. Individuals apply for the visa system, and must have at least a high school diploma or work in specific industries to be eligible for the program. As the term “lottery” implies, applicants are selected via a randomized computer drawing. The selected applicants undergo a background check before entering the country, and some applicants undergo an additional in-depth review if they are considered a security risk.”

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Well, you get the picture. It just goes on and on. Get all the “whoppers” at the link. Having a congenital liar as our leader can’t come out well for the U.S.

Happy New Year!

PWS

12-31-17

 

 

 

 

 

IS TRUMP DETERMINED TO “BLOW UP” DREAMER DEAL?

http://www.cnn.com/2017/12/29/politics/president-donald-trump-daca/index.html

Dan Mercia reports for CNN:

“West Palm Beach, Florida (CNN)President Donald Trump said Friday there will be no deal to protect hundreds of thousands of young undocumented immigrants from deportation without funding to build a wall along the US-Mexico border.

“The Democrats have been told, and fully understand, that there can be no DACA without the desperately needed WALL at the Southern Border and an END to the horrible Chain Migration & ridiculous Lottery System of Immigration etc,” Trump tweeted. “We must protect our Country at all cost!”
Trump’s declaration casts doubt over how Democrats and Republicans will come together to protect Deferred Action for Childhood Arrivals (DACA) participants — of which there are nearly 800,000 who were brought to the United States illegal as children — from deportation because it is unlikely that Democrats will agree to substantial funding for Trump’s border wall in exchange for DACA protections.

Drew Hammill, House Minority Leader Nancy Pelosi’s spokesman, responded to Trump’s tweet by stating Democrats are “not going to negotiate through the press and look forward to a serious negotiation at Wednesday’s meeting when we come back.”
Pelosi, Senate Minority Leader Chuck Schumer, House Speaker Paul Ryan, Senate Majority Leader Mitch McConnell and White House chief of staff John Kelly will meet on Wednesday, according to two sources familiar with the meeting. The top discussion topic will be renewed government spending talks, the sources said.
Trump campaigned for president on a hardline immigration platform. Chants of “Build The Wall” became a trademark of his campaign and, as president, Trump has advocated ending so-called chain migration, guidelines that allow people in the United States to bring in family members from abroad, and the visa lottery system, a program that distributes around 50,000 visas to countries where there is a low rate of immigration to the US.
Trump’s tweet is his clearest statement to date on his negotiating position with Democrats to achieve a deal on DACA, an Obama-era program that Trump ended in September. At the time, the President said he wanted Congress to step in to save the program.
Democrats and Republicans were unable to come together before the end of the year to mint a deal on the immigration program, but members of both parties will return to Washington in 2018 with the DACA program as a focus.
Any agreement would be the second major deal between Trump and Schumer and Pelosi — who Trump has taken to referring to as “Chuck and Nancy.” The trio, much to the chagrin of conservatives, worked together earlier this year to strike a deal on the debt ceiling and government spending.
Trump has previously said that McConnell and Ryan are on board with a deal to make the DACA program permanent.
The details, however, are what matter in the deal and remain elusive.”

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Read the complete article at the link.

As I have previously said, I think the Democrats are well-positioned to hold out for a “good deal” for the Dreamers when USG funding runs out in January. I personally that a “Some Wall Funding for Otherwise Clean Dreamer Bill” would be a decent deal for the Democrats to make. But, I don’t see the Dems agreeing to restrictions or reductions of legal immigration as part of a deal.

Stay tuned.

PWS

12-29-17

GOP WHITE NATIONALIST AGENDA REBUFFED IN ARIZONA — Federal Judge Says Outrageous Attempt To Bar Hispanic Studies Unconstitutional!

https://www.huffingtonpost.com/entry/arizona-cant-ban-mexican-american-studies-anymore-judge-says_us_5a442f28e4b025f99e199496

Roque Planas reports for HuffPost:

“A federal judge on Wednesday put the final nail in the coffin of Arizona’s Republican-backed law banning Mexican-American studies classes in Tucson public schools.
The final judgment issued by Senior Judge A. Wallace Tashima after a two-week bench trial last summer caps a seven-year legal battle over conservative attempts to restrict what books could be used or subjects taught in Tucson’s majority-Latino schools.
Conservative lawmakers led by then-Superintendent of Public Instruction Tom Horne and then-state Sen. John Huppenthal, who later succeeded Horne, derided Tucson’s Mexican-American studies curriculum as an anti-American politicization of public school classrooms. To shut the classes down, they spearheaded the passage of a state law in 2010 that prohibited classes aimed at students of a specific ethnicity, that fostered racial discord or that encouraged the overthrow of the U.S. government.
In Wednesday’s judgment, however, Tashima wrote that conservative lawmakers passed the ethnic studies restrictions “not for a legitimate educational purpose, but for an invidious discriminatory racial purpose and a politically partisan purpose.” (The senior judge on the U.S. Court of Appeals for the 9th Circuit was sitting by assignment to hear the case in U.S. District Court.)
No officials may carry out any part of the law, the judgment says. Tashima ruled in August that the law violates the students’ First Amendment rights by restricting information and the 14th Amendment’s equal protection clause by targeting Latinos.
Tashima’s judgment also sticks the state of Arizona with the bill for the plaintiff’s legal fees. The court has yet to determine the amount.
The Arizona attorney general’s office did not immediately return a call requesting comment about whether the state plans to appeal the ruling.
After seven years, the state can request that the permanent injunction be lifted, independent of the appeal process.
Tucson’s school board voted in 2012 to abandon its Mexican-American studies program after Arizona officials threatened to withhold 10 percent of the district’s state funding. They plucked copies of seven books used in the canceled courses from classrooms, fueling complaints from educators across the country that the state was in effect banning books.
Amid the legal controversy, several of the teachers in the program left Tucson or stopped working for the school district.
But the publicity generated by the court battle spurred efforts in other states to create ethnic studies programs modeled on or influenced by the Tucson classes.”

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

The GOP’s anti-Hispanic racism is quite blatant.

PWS

12-28-17

DEPORTATION REGIME: Long-Time GOP Voter Rebels When Deportation Hits Close To Home!

https://www.washingtonpost.com/local/immigration/the-air-force-colonel-the-ballroom-dance-instructor-and-the-us-immigration-system/2017/12/27/1b2500f6-e419-11e7-833f-155031558ff4_story.html

 

Maria Sacchetti reports for WashPost:

“For most of the past six decades, the Republican Party could count on Charlie Heimach. The retired Air Force colonel donated money to President Richard Nixon, backed Ronald Reagan and both Bushes, and cast his ballot last year for Donald Trump.

But in the recent Virginia governor’s race, Heimach voted for the Democrat, because of the Trump administration’s crackdown on illegal immigration, and its attempts to deport a ballroom dancing instructor from the studio where Heimach, 79, likes to Lindy Hop.

Since May, Heimach and a disparate crew of lawyers, military veterans, a dog walker, an entomologist and others united in their love for dancing have been on a crusade to protect the instructor they call “G,” an undocumented immigrant from Mongolia who was arrested twice in 2016 for drunken driving.

To some, their efforts are misguided — even dangerous.

But the ballroom dancers say Galtsog Gantulga is a gifted instructor who senses when his students need to talk or want to dance but are too shy to take the initiative. He hurt no one in the two drunken driving incidents, they point out, and has served time behind bars. He also sold his car and joined Alcoholics Anonymous.

In the America these dancers know, such a person deserves another chance, a view not always held in the U.S. immigration system.

For the moment, thanks to their persistence, Gantulga has a reprieve.

“He built his life over here,” said Mealy Chhim, a retired software engineer who was part of the effort. “He just messed up.”

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

Read Maria’s complete article at the link.

This is why guys like Trump, Gonzo, and Homan invariably strive to “dehumanize” immigrants in pushing their harsh deportation agenda.

PWS

12-27-17

JRUBE IN WASHPOST; GONZO’S SCAPEGOATING OF UNDOCUMENTED RESIDENTS IMMORAL & STUPID!

https://www.washingtonpost.com/blogs/right-turn/wp/2017/12/27/scapegoating-illegal-immigrants-isnt-just-immoral-its-bad-crime-policy/

Rubin writes:

“Anti-immigrant voices’ smokescreen that they were only opposed to illegal immigration has been shredded. They now revel in their calls for immigration exclusionism. If allowed to persist, it will distort and damage our economy and impede entrepreneurship. It has already encouraged a wholly-misguided approach to crime fighting.

Attorney General Jeff Sessions and Trump have concocted a theory that we are awash in crime because of illegal immigrants, especially those living in “sanctuary cities.” That is patently false, and Sessions’ efforts to punish cities that refuse to do the feds bidding in detaining and helping to deport illegal immigrant have been swatted down in court. However, the barrage of litigation over sanctuary cities and obsession with the issue has led us to ignore both the successes and failures in crime fighting — and the causes of each.

. . . .

So when Los Angeles mayors and police chiefs tell the Justice Department that making police into immigration agents will impair their community policing success and divert valuable resources, maybe we should listen to them. Conservatives used to understand that in federalism we have the “laboratories of democracy,” namely the opportunities to find through experimentation what works and what doesn’t. Rather than riding roughshod of localities, Sessions should highlight the successes of local police departments, urge others to follow suit and increase funding — rather than threaten to yank it for spurious reasons — for those localities that need it the most. Alas, his ideological fixation with demonizing illegal immigrants seems to preclude such a fact-based approach.“

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

Read JRube’s compleat article at the link.

As she indicates, Gonzo is undoubtedly the most “fact and law free” Attorney General in our lifetime. Almost every one of his amazingly horrible and destructive  decisions is driven by deeply ingrained ideological bias. Senator Liz Warren and the others who spoke up at the confirmation hearings were right. But, the GOP Senate tuned them out. Remember that the next time you go to the polls!

PWS

12-27-17

 

WHILE TRUMP & FAT CATS CELEBRATE TAX HEIST AT MIR-A-LAGO, AND THE GOP PLANS TO CUT YOUR SAFETY NET, EARNED BENEFITS, & DESROY THE HEALTH CARE SYSTEM TO FINANCE HANDOUTS TO THE SUPER RICH, SEE HOW 41 MILLION AMERICANS LIVE IN HOPELESS POVERTY IN THE MIDST OF PLENTY!

https://www.theguardian.com/society/2017/dec/15/america-extreme-poverty-un-special-rapporteur

Ed Pilkington reports for The Guardian:

“Los Angeles, California, 5 December

“You got a choice to make, man. You could go straight on to heaven. Or you could turn right, into that.”

We are in Los Angeles, in the heart of one of America’s wealthiest cities, and General Dogon, dressed in black, is our tour guide. Alongside him strolls another tall man, grey-haired and sprucely decked out in jeans and suit jacket. Professor Philip Alston is an Australian academic with a formal title: UN special rapporteur on extreme poverty and human rights.

General Dogon, himself a veteran of these Skid Row streets, strides along, stepping over a dead rat without comment and skirting round a body wrapped in a worn orange blanket lying on the sidewalk.

The two men carry on for block after block after block of tatty tents and improvised tarpaulin shelters. Men and women are gathered outside the structures, squatting or sleeping, some in groups, most alone like extras in a low-budget dystopian movie.

We come to an intersection, which is when General Dogon stops and presents his guest with the choice. He points straight ahead to the end of the street, where the glistening skyscrapers of downtown LA rise up in a promise of divine riches.

Heaven.

Then he turns to the right, revealing the “black power” tattoo on his neck, and leads our gaze back into Skid Row bang in the center of LA’s downtown. That way lies 50 blocks of concentrated human humiliation. A nightmare in plain view, in the city of dreams.

Alston turns right.

Philip Alston in downtown LA.
Philip Alston in downtown LA. Photograph: Dan Tuffs for the Guardian

So begins a two-week journey into the dark side of the American Dream. The spotlight of the UN monitor, an independent arbiter of human rights standards across the globe, has fallen on this occasion on the US, culminating on Friday with the release of his initial report in Washington.

His fact-finding mission into the richest nation the world has ever known has led him to investigate the tragedy at its core: the 41 million people who officially live in poverty.

Of those, nine million have zero cash income – they do not receive a cent in sustenance.

Alston’s epic journey has taken him from coast to coast, deprivation to deprivation. Starting in LA and San Francisco, sweeping through the Deep South, traveling on to the colonial stain of Puerto Rico then back to the stricken coal country of West Virginia, he has explored the collateral damage of America’s reliance on private enterprise to the exclusion of public help.

The Guardian had unprecedented access to the UN envoy, following him as he crossed the country, attending all his main stops and witnessing the extreme poverty he is investigating firsthand.

Think of it as payback time. As the UN special rapporteur himself put it: “Washington is very keen for me to point out the poverty and human rights failings in other countries. This time I’m in the US.”

David Busch, who is currently homeless on Venice beach, in Los Angeles.
David Busch, who is currently homeless on Venice beach, in Los Angeles. Photograph: Dan Tuffs for the Guardian

The tour comes at a critical moment for America and the world. It began on the day that Republicans in the US Senate voted for sweeping tax cuts that will deliver a bonanza for the super wealthy while in time raising taxes on many lower-income families. The changes will exacerbate wealth inequality that is already the most extreme in any industrialized nation, with three men – Bill Gates, Jeff Bezos and Warren Buffet – owning as much as half of the entire American people.

A few days into the UN visit, Republican leaders took a giant leap further. They announced plans to slash key social programs in what amounts to an assault on the already threadbare welfare state.

“Look up! Look at those banks, the cranes, the luxury condos going up,” exclaimed General Dogon, who used to be homeless on Skid Row and now works as a local activist with Lacan. “Down here, there’s nothing. You see the tents back to back, there’s no place for folks to go.”

California made a suitable starting point for the UN visit. It epitomizes both the vast wealth generated in the tech boom for the 0.001%, and the resulting surge in housing costs that has sent homelessness soaring. Los Angeles, the city with by far the largest population of street dwellers in the country, is grappling with crisis numbers that increased 25% this past year to 55,000.

Ressy Finley, 41, was busy sterilizing the white bucket she uses to slop out in her tent in which she has lived on and off for more than a decade. She keeps her living area, a mass of worn mattresses and blankets and a few motley possessions, as clean as she can in a losing battle against rats and cockroaches. She also endures waves of bed bugs, and has large welts on her shoulder to prove it.

She receives no formal income, and what she makes on recycling bottles and cans is no way enough to afford the average rents of $1,400 a month for a tiny one-bedroom. A friend brings her food every couple of days, the rest of the time she relies on nearby missions.

She cried twice in the course of our short conversation, once when she recalled how her infant son was taken from her arms by social workers because of her drug habit (he is now 14; she has never seen him again). The second time was when she alluded to the sexual abuse that set her as a child on the path towards drugs and homelessness.

Given all that, it’s remarkable how positive Finley remains. What does she think of the American Dream, the idea that everyone can make it if they try hard enough? She replies instantly: “I know I’m going to make it.”

A 41-year-old woman living on the sidewalk in Skid Row going to make it?

“Sure I will, so long as I keep the faith.”

What does “making it” mean to her?

“I want to be a writer, a poet, an entrepreneur, a therapist.”

Ressy Finley, who lives in a tent on 6th Street in Downtown LA.
Ressy Finley, who lives in a tent on 6th Street in Downtown LA. Photograph: Dan Tuffs for the Guardian

Robert Chambers occupies the next patch of sidewalk along from Finley’s. He’s created an area around his tent out of wooden pallets, what passes in Skid Row for a cottage garden.

He has a sign up saying “Homeless Writers Coalition”, the name of a group he runs to give homeless people dignity against what he calls the “animalistic” aspects of their lives. He’s referring not least to the lack of public bathrooms that forces people to relieve themselves on the streets.

LA authorities have promised to provide more access to toilets, a critical issue given the deadly outbreak of Hepatitis A that began in San Diego and is spreading on the west coast claiming 21 lives mainly through lack of sanitation in homeless encampments. At night local parks and amenities are closed specifically to keep homeless people out.

Skid Row has had the use of nine toilets at night for 1,800 street-faring people. That’s a ratio well below that mandated by the UN in its camps for Syrian refugees.

“It’s inhuman actually, and eventually in the end you will acquire animalistic psychology,” Chambers said.

He has been living on the streets for almost a year, having violated his parole terms for drug possession and in turn being turfed out of his low-cost apartment. There’s no help for him now, he said, no question of “making it”.

“The safety net? It has too many holes in it for me.”

Of all the people who crossed paths with the UN monitor, Chambers was the most dismissive of the American Dream. “People don’t realize – it’s never getting better, there’s no recovery for people like us. I’m 67, I have a heart condition, I shouldn’t be out here. I might not be too much longer.”

That was a lot of bad karma to absorb on day one, and it rattled even as seasoned a student of hardship as Alston. As UN special rapporteur, he’s reported on dire poverty and its impact on human rights in Saudi Arabia and China among other places. But Skid Row?

“I was feeling pretty depressed,” he told the Guardian later. “The endless drumbeat of horror stories. At a certain point you do wonder what can anyone do about this, let alone me.”

And then he took a flight up to San Francisco, to the Tenderloin district where homeless people congregate, and walked into St Boniface church.

What he saw there was an analgesic for his soul.”

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

Read the rest of the story, with many major “poverty stops” across America, at the link.

At some point, all Americans will pay a price for the Trump/GOP plan to loot America for the rich and increase income inequality.

PWS

12-26-17

 

 

THE HILL: Nolan Says That Expedited Removal Can “Ease The Burden” Of Immigration Detention; I Don’t Think So!

http://thehill.com/opinion/immigration/365829-expedited-removal-can-solve-concerns-with-immigration-detention

Nolan Rappaport writes at The Hill:

“Earlier this month, the DHS Office of Inspector General (IG) released a report on “Concerns about ICE Detainee Treatment and Care at Detention Facilities.” According to the ACLU, the way to address the violationsdescribed in this “damning new report” is to “release people from immigration detention and prohibit ICE from using dangerous and inhumane jails.”

The IG found problems at four of the five detention centers it inspected, but it is a stretch to call the report “damning” or to claim that ICE is “using dangerous and inhumane jails.” Many of the problems were relatively minor, and, apparently, all of them are going to be corrected.

In addition to federal service centers, ICE uses facilities owned and operated by private companies and state and local government facilities. The contracts of facilities that hold ICE detainees require them to adhere to the 2000 National Detention Standards, the 2008 Performance-Based National Detention Standards (PBNDS), or the 2011 PBNDS.

. . . .

The immigration court backlog is so long that, as of October 2017, the average wait for a hearing was 691 days, and Trump’s backlog reduction plan isn’t going to bring it under control.

ICE cannot release detainees because wait-times are too long. Many of them will not return for their hearings. During FY2015, 23.4 percent of the aliens who were released from custody did not return for their hearings, and releases were limited to cases in which there was reason to expect the aliens to return.

I see only two solutions, reduce the backlog by removing aliens from the immigration court and disposing of their cases in expedited removal proceedings, which do not require a hearing before an immigration judge, or have a large legalization program.

Which alternative do you expect the Republicans to choose?”

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

Go on over to The Hill to read Nolan’s complete article.

Why Expedited Removal Isn’t the Answer (Leaving Aside The Substantial Legal and Moral Issues Involved):

  • Under Trump, DHS has already “maxed out” the use of expedited removal at the border. 
  • While Trump’s Executive Order called for an expansion of expedited removal to individuals who have been in the country for less than two years, that requires a regulatory change which, curiously, the DH’s has failed to accomplish in the nearly one year since the Executive Order.
  • Even with expedited removal expanded to two years, the vast majority of individuals comprising the “court backlog” have been there at least that long and therefore wouldn’t be candidates for expedited removal.
  • Of those limited number who have been in the U.S. for less than two years, many have already passed “credible fear” or “reasonable fear” and are, therefore, entitled to Individual hearings.
  • Some of those removed from the docket for expedited removal could still pass the “credible fear” or “reasonable fear” process before the Asylum Office and have their cases restored to the Immigraton Court docket (with an entirely new proceedings that would have to “start from scratch”).
  • Under BIA rulings, once proceedings have commenced before the Immigration Court, the DHS can’t unilaterally remove them from the court’s docket for expedited removal. It requires a DHS motion to terminate, a chance for the respondent to be heard in opposition, and a decision  by the Immigration Judge. Given the administrative mess at both EOIR and DHS Chief Counsel, filing and responding to those motions can be an administrative problem. Moreover, although almost all motions to terminate for expedited removal ultimately are granted by the Immigraton Judges, the termination is a “final order” subject to appeal to the BIA.
  • Individuals placed in expedited removal whose “credible fear’ or “reasonable fear” claims are rejected, have a right to expedited review before an Immigraton Judge. Such reviews generally take precedence over other types of cases, but do not produce “final orders” from the Immigraton Judge. At some level, ratcheting up the expedited removal process actually inhibits the processing of previously scheduled cases before the Immigration Court.

What Does Work:

  • Alternatives to Detention (“ADT) such as ankle bracelet monitoring. See, e.g.,  http://lirs.org/wp-content/uploads/2017/06/The-Real-Alternatives-to-Detention-FINAL-06.27.17.pdf   
  • Government statistics show that juveniles with lawyers appear for their hearings over 95% of the time! See, e.g.https://www.justice.gov/eoir/file/852516/download
    • Recent studies of results of The New York Immigrant Family Unity Project, which guarantees lawyers to respondents, showed that such represented individuals were 12 times more likely to win their cases. See https://www.vox.com/policy-and-politics/2017/11/9/16623906/immigration-court-lawyer
    • This strongly suggests that immigration hearings conducted for unrepresented individuals are inherently unfair and a denial of due process, something that should be (but isn’t) the number one concern of the DOJ and EOIR.
    • My own experience at the Arlington Immigration court was that individuals 1) represented by counsel , and 2) with applications for relief filed showed up for their hearings nearly 100% of the time. Indeed, beyond criminal record and family ties, those were the two most significant factors for me in setting immigration bonds.

An Administration truly interested in improving the performance of the Immigration Courts, achieving due process, and lessening the need for immigration detention would be working closely with NGOs, bar associations, states and localities, and ADT providers to develop cooperative  ways of maximizing representation in Immigraton Court, But, this Administration is far more interested in advancing a xenophobic, White Nationalist agenda than it is in fairness, due process, or solving problems.

PWS

12-23-17

MICA ROSENBERG @ REUTERS ANALYZES GONZO’S LATEST ATTACK ON CHILDREN (OR, IN “GONZOSPEAK” “UNMARRIED INDIVIDUALS UNDER THE AGE OF 18”) IN US IMMIGRATION COURT – No More “Mister Nice Guy” — Show ’em The Ugly Side Of America — These Kids Are Out To Get Us (Even If They Are So Scared, Confused, and Traumatized They Barely Know The Time Of Day)

https://www.reuters.com/article/us-usa-immigration-children-exclusive/exclusive-u-s-memo-weakens-guidelines-for-protecting-immigrant-children-in-court-idUSKBN1EH037

Mica reports:

“A Dec. 20 memo, issued by the Executive Office for Immigration Review (EOIR) replaces 2007 guidelines, spelling out policies and procedures judges should follow in dealing with children who crossed the border illegally alone and face possible deportation.

The new memo removes suggestions contained in the 2007 memo for how to conduct “child-sensitive questioning” and adds reminders to judges to maintain “impartiality” even though “juvenile cases may present sympathetic allegations.” The new document also changes the word “child” to “unmarried individual under the age of 18” in many instances.

An EOIR official said the new memo contained “clarifications and updates” to 10-year-old guidance “in order to be consistent with the laws as they’ve been passed by Congress.” The new memo was posted on the Justice Department website but has not been previously reported.

Immigration advocates said they worry the new guidelines could make court appearances for children more difficult, and a spokeswoman for the union representing immigration judges said judges are concerned about the tone of the memo.

President Donald Trump has made tougher immigration enforcement a key policy goal of his administration, and has focused particularly on trying to curb the illegal entry of children. The administration says it wants to prevent vulnerable juveniles from making perilous journeys to the United States and eliminate fraud from programs for young immigrants.

One changed section of the memo focuses on how to make children comfortable in the court in advance of hearings. The old guidance says they “should be permitted to explore” courtrooms and allowed to “sit in all locations, (including, especially, the judge’s bench and the witness stand).”

The new guidance says such explorations should take place only “to the extent that resources and time permit” and specifically puts the judge’s bench off limits.

The new memo also warns judges to be skeptical, since an unaccompanied minor “generally receives more favorable treatment under the law than other categories of illegal aliens,” which creates “an incentive to misrepresent accompaniment status or age in order to attempt to qualify for the benefits.” It also says to be on the lookout for “fraud and abuse,” language that was not in the previous memo.

‘WOLVES IN SHEEP CLOTHING’

Immigration judges are appointed by the U.S. Attorney General and courts are part of the Department of Justice, not an independent branch. The only sitting immigration judges routinely allowed to speak to the media are representatives of their union, the National Association of Immigration Judges.

Dana Marks, a sitting judge and spokeswoman for the union, said the “overall tone” of the memo “is very distressing and concerning to immigration judges.”

“There is a feeling that the immigration courts are just being demoted into immigration enforcement offices, rather than neutral arbiters,” Marks said. “There has been a relentless beating of the drum toward enforcement rather than due process.”

Former immigration judge Andrew Arthur, who now works at the Center for Immigration Studies, which promotes lower levels of immigration overall, said the new guidelines were needed.

In their previous form, he said, “so much emphasis was placed on the potential inability of the alien to understand the proceedings … that it almost put the judge into the position of being an advocate.”

The courts have had to handle a surge in cases for unaccompanied minors, mostly from Central America, after their numbers sky-rocketed in 2014 as violence in the region caused residents to flee north.

While illegal crossings initially fell after Trump took office, U.S. Customs and Border Protection said that since May, each month has seen an increase in children being apprehended either alone or with family members.

Attorney General Jeff Sessions said in a speech in Boston in September that the special accommodations for unaccompanied minors had been exploited by “gang members who come to this country as wolves in sheep clothing.”

Echoing some of these concerns, the new memo notes in a preamble that not all child cases involve innocents, and that the courts might see “an adolescent gang member” or “a teenager convicted as an adult for serious criminal activity.”

Jennifer Podkul, policy director of Kids in Need of Defense (KIND) said Congress included special procedural protections for immigrant children in a 2008 anti-trafficking bill to “make sure that a kid gets a fair shot in the courtroom.”

“These kids are by themselves telling a very complicated and oftentimes very traumatic story,” said Podkul. “The approach of this memo, which is much more suspicious, is not going to help get to the truth of a child’s story.”

In cases where children are called to testify, the old guidance instructed judges to “seek to limit the amount of time the child is on the stand.” The new guidance says that judges should “consider” limiting the child’s time on the stand “without compromising due process for the opposing party,” which is generally a government prosecutor.

The memo leaves in a range of special accommodations made for children, including allowing them to bring a pillow or booster seat or a “toy, book, or other personal item.” It also maintains that cases involving unaccompanied minors should be heard on a separate docket when possible and that children should not be detained or transported with adults.

Reporting by Mica Rosenberg; Editing by Sue Horton and Mary Milliken”

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

Yes, my dear friend Judge Dana Leigh Marks, Gonzo sees and treats the U.S. Immigration Courts as part of DHS Enforcement — “Just a Whistlestop on The Deportation Express.”

After 35 years of flawed DOJ stewardship and improper political meddling by all Administrations, the U.S. Immigration Courts are largely back in the same hopeless, understaffed, incompetently administered, enforcement-dominated mess that they were in 1983 when the Reagan Administration created EOIR to provide at least some actual and apparent separation between prosecutorial and judicial functions.

The only solution is an independent Article I U.S. Immigration Court. Until that happens, failure, inefficiency, ands unfairness will continue to plague the immigration Court system.

Eventually, the Article III reviewing courts are going to have to decide whether 1) to simply put the Constitution and their judicial oaths in the drawer and give the Executive a “free pass” on immigration; or 2) do their duty, stop the train, and essentially take over the administration of the immigration Courts by ordering Immigration Judges and the BIA to conform to certain basic due process requirements or face the prospect of having almost every Petition for Review returned for a “redo.” If you think the backlog is bad now, wait till that happens.

At this point, I hope for #2, but see #1 as a distinct possibility, particularly as Trump continues to co-opt the Article III judiciary with judges for whom loyalty to Trump and his agenda appears a more important qualification that a reputation for scholarship, legal excellence, collegiality, impartiality, and fairness.

I also found the comments of my former colleague Judge (Retired) Andrew Arthur somewhat puzzling. If you are a judge in a courtroom actually trying to carry out your constitutional duty to provide due process and fairness; the DHS is represented by an experienced Assistant Chief Counsel; and you have an unrepresented kid who is scared to return his or her home country, who is going to be that child’s advocate if not the Immigration Judge?

Rather than bogus guidelines, the Administration should be doing the right thing and the smart thing — working with the private bar to insure that cases involving claims for asylum and other protection are docketed and scheduled in a manner that insures that each applicant will have reasonable access to pro bono or low bono counsel before filing the Form I-589 for asylum.

To take the most obvious example, Jennifer Podkul, Policy Director of Kids in Need of Defense (“KIND), and Wendy Young, Executive Director of KIND are as smart as any lawyers around. They want the Immigration Court system to succeed in a fair and efficient manner. They have spent more time thinking about the problems of kids in Immigraton Court and how to solve them than any individual or group of individuals now in the US. Government.

So, instead of “trashing” immigration lawyers, why don’t Sessions and his subordinates at DOJ sit down with Young, Podkul, and some of their other high-powered NGO colleagues, and Judge Marks and the NAIJ and work out a solution for getting kids through the Immigraton Court system in a fair manner consistent with Due Process? Why is Sessions so afraid to venture outside of his little “restrictionist world” in trying to solve problems?

But, unfortunately, this Administration is much more interested in forcing failure on the system and then pointing fingers at the victims, that is, the migrants seeking justice, than it is in achieving the real reforms necessary to get our U.S. Immigration Courts operating in a fair, impartial, and efficient manner, consistent with the law and Constitutional Due Process.

PWS

12-23-17

TAL @ CNN: TRUMP GOP’S WHITE NATIONALIST AGENDA IMPEDES DREAMER NEGOTIATONS! (Plus, Extra Bonus : “Quadruple Header” From Tal!)

http://www.cnn.com/2017/12/18/politics/trump-administration-immigration-hardline/index.html

“Trump fully embraces far right immigration playbook

By: Tal Kopan, CNN

President Donald Trump and his administration have been sending a message in recent weeks: Trump’s campaign rhetoric on immigration was not just talk. In fact, it was just the beginning.

Trump has never shied from his attacks on illegal immigration, which, alongside a US-Mexico border wall, was a core component of his campaign.

But doubts existed about his commitment level, as some of the more aggressive proposals considered by the administration languished in bureaucratic morass and as he said strongly favorable things about recipients of the Deferred Action for Childhood Arrivals program in September as he opted to end it.

RELATED: DACA negotiations reach critical week

Of late, however, Trump and the administration have upped their rhetoric on immigration.

Trump has railed in several instances against “chain migration” and lotteries for green cards. His administration is moving to alter a program for the spouses of high-skilled visa holders. And the White House and Congress remain far apart on how to address DACA.

In mid-September, Trump wrote, “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military?”

But since then, he has insisted on controversial immigration reduction proposals that would have a hard time passing even among some Republicans, including drastically cutting the overall number of green cards given out annually and transforming the way they are given out, placing a heavy emphasis on only highly skilled, English-speaking immigrants and not low-skilled individuals.

Groups that have long advocated for reducing overall immigration are energized.

“We’re excited about how the administration has held firmly to these issues,” said Dan Stein, president of the Federation for American Immigration Reform. “We’ve put almost $1 million into ads. … This is the moment we’ve been waiting for four decades.”

Stein was especially pleased with Trump’s recent insistence that any deal to save DACA, which protected young undocumented immigrants brought to the US as children, include cuts to family-based immigration, or “chain migration,” and the diversity visa program, which allows up to 50,000 individuals from countries with low levels of immigration to the US to come on visas distributed by lottery.

Chain migration focus

The administration also was quick to point out that two recent terrorist attacks in New York City were committed by individuals with connections to family-based migration and the diversity lottery.

“You think the countries’ giving us their best people?” Trump said Friday in a speech to law enforcement personnel. “No. What kind of system is that? They come in by lottery. They give us their worst people, put them in a bin, but in his hand when he is picking them is really the worst of the worst.”

The theme of the dangers of immigrants — despite no research showing them to be more prone to crime than the native-born population — has been particularly hammered by longtime immigration hardliner Attorney General Jeff Sessions.

“If we accept lawlessness, then we encourage lawlessness. When people break our laws without consequences, we shouldn’t be surprised when they continue breaking our laws,” Sessions said in a speech last week. “We should give priority to those who are likely to thrive here — such as those who speak English or are highly skilled — not someone chosen at random or who happens to be somebody’s relative.”

In reality, individuals in those countries are selected randomly but still must meet the security and eligibility requirements placed on all immigrants to actually get their visas. Diversity recipients specifically must also have at least a high school education or equivalent and job experience. The process includes an in-person interview, and anyone that is found to be a security threat would be inadmissible to the US.

While the diversity lottery only affects about 50,000 of roughly 1 million green cards given out to the US annually, Trump has supported legislation from two GOP senators that would drastically reduce family visa categories, cutting yearly numbers in half.

The administration has also made its own efforts to reduce immigration levels without Congress, including setting a historically low number of refugee admissions for next year, instituting the travel ban and submitting would-be visitors and immigrants to “extreme vetting.”

Late last week, the Department of Homeland Security revealed it intends to do away with work permits for spouses of high-skilled visa holders who are waiting in a years-long green card backlog. The announcement also said the agency intends to set a higher bar for the high-skilled visa itself.

New Homeland Security Secretary Kirstjen Nielsen spent last week establishing her hardline immigration bona fides, touting security at the border and attacking sanctuary cities and immigrant-related crime. Her tour came after weeks of broadsides from Trump-aligned sources like Breitbart, which had pejoratively nicknamed her “Lady DACA.”

Leon Fresco, an immigration attorney and Obama administration alum, said that while there may be some fraud in the immigration system, the Trump agenda goes beyond reasonably trying to resolve it.

“They’re not just fixing the system, they are signaling a belief that regardless of their skills and talent, people from foreign countries are not welcome,” Fresco said. “Many of these reforms that are being implemented are simply out of the wishlist of the anti-immigrant groups and are not serving a legitimate purpose of reforming the immigration system. … The goal is to reduce the total number of foreigners.”

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

Right on, Leon!

DHS can use more lawyers, better technology, and some new equipment. The Dems certainly could offer up that.

The U.S. Immigration Court could use more resources. But, with “Gonzo” in charge, it’s probably a case of “throwing good money after bad.”

“The Wall” is overkill and has some bad symbology. But, in human rights terms, it’s not as overtly harmful as the other stuff on the restrictionist’s list.

The rest of the “restrictionist wish list” is pretty toxic. Don’t see how the Dems can vote for a bill that contains any of it.

For any of you who thought Tal was “easing up” on her amazing pace, here are her interesting reports on Puerto Rico:

http://www.cnn.com/2017/12/19/politics/puerto-rico-washington-equal-treatment/index.html

Puerto Rico governor calls out Washington on ‘equal treatment’By Tal Kopan, CNN

http://www.cnn.com/2017/12/19/politics/carson-nielsen-puerto-rico-visit/index.html

Carson: Puerto Rico recovery is ‘better than what I had heard’

By Tal Kopan

and Senator Lindsay Graham:

http://www.cnn.com/2017/12/18/politics/lindsey-graham-donald-trump-immigration-daca/index.html

“Graham had ‘long’ talk with Trump about immigration”

By: Tal Kopan, CNN”

 

Thanks for all you do, Tal!

Hope you will get some rest and relaxation over the holidays!

PWS

12-22-17

 

 

RESISTING TRUMP AND THE WHITE NATIONALIST STATE: “YEAR 1” — Read Polish Journalist Martin Mycielski’s “Authoritarian Regime Survival Guide”

YEAR 1 Under Authoritarianism

What to Expect?

  1. They will come to power with a campaign based on fear, scaremongering and distorting the truth. Nevertheless, their victory will be achieved through a democratic electoral process. But beware, as this will be their argument every time you question the legitimacy of their actions. They will claim a mandate from the People to change the system.

    Remember – gaining power through a democratic system does not give them permission to cross legal boundaries and undermine said democracy.

  2. They will divide and rule. Their strength lies in unity, in one voice and one ideology, and so should yours. They will call their supporters Patriots, the only “true Americans”. You will be labelled as traitors, enemies of the state, unpatriotic, the corrupt elite, the old regime trying to regain power. Their supporters will be the “People”, the “sovereign” who chose their leaders.

    Don’t let them divide you – remember you’re one People, one Nation, with one common good.

  3. Through convoluted laws and threats they will try to control mainstream media and limit press freedom. They will ban critical press from their briefings, calling them “liars”, “fake news”. They will brand those media as “unpatriotic”, acting against the People (see point 2).

    Fight for every media outlet, every journalist that is being banned, censored, sacked or labelled an “enemy of the state” – there’s no hope for freedom where there is no free press.

  4. They will create chaos, maintain a constant sense of conflict and danger. It will be their argument to enact new authoritarian laws, each one further limiting your freedoms and civil liberties. They will disguise them as being for your protection, for the good of the People.

    See through the chaos, the fake danger, expose it before you wake up in a totalitarian, fascist state.

  5. They will distort the truth, deny facts and blatantly lie. They will try to make you forget what facts are, sedate your need to find the truth. They will feed “post-truths” and “alternative facts”, replace knowledge and logic with emotions and fiction.

    Always think critically, fact-check and point out the truth, fight ignorance with facts.

  6. They will incite and then leak fake, superficial “scandals”. They will smear opposition with trivial accusations, blowing them out of proportion and then feeding the flame. This is just smokescreen for the legal steps they will be taking towards totalitarianism.

    See through superficial topics in mainstream media (see point 3) and focus on what they are actually doing.

  7. They will propose shocking laws to provoke your outrage. You will focus your efforts on fighting them, so they will seemingly back off, giving you a false sense of victory. In the meantime they will push through less “flashy” legislation, slowly dismantling democracy (see points 4 and 6).

    Focus your fight on what really matters.

  8. When invading your liberal sensibilities they will focus on what hurts the most – women and minorities. They will act as if democracy was majority rule without respect for the minority. They will paint foreigners and immigrants as potential threats. Racial, religious, sexual and other minorities will become enemies to the order and security they are supposedly providing. They will challenge women’s social status, undermine gender equality and interfere with reproductive rights (see point 7). But it means they are aware of the threat women and minorities pose to their rule, so make it your strength.

    Women and minorities should fight the hardest, reminding the majority what true democracy is about.

  9. They will try to take control of the judiciary. They will assault your highest court. They need to remove the checks and balances to be able to push through unconstitutional legislation. Controlling the judiciary they can also threat anyone that defies them with prosecution, including the press (see point 3).

    Preserve the independence of your courts at all cost, they are your safety valve, the safeguard of the rule of law and the democratic system.

  10. They will try to limit freedom of assembly, calling it a necessity for your security. They will enact laws prioritizing state events and rallies, or those of a certain type or ideology. If they can choose who can demonstrate legally, they have a legal basis to forcefully disperse or prosecute the rest.

    Oppose any legislation attempting to interfere with freedom of assembly, for whatever reason.

  11. They will distort the language, coin new terms and labels, repeat shocking phrases until you accept them as normal and subconsciously associate them with whom they like. A “thief”, “liar” or “traitor” will automatically mean the opposition, while a “patriot” or a “true American” will mean their follower (see point 2). Their slogans will have double meaning, giving strength to their supporters and instilling angst in their opponents.

    Fight changes in language in the public sphere, remind and preserve the true meaning of words.

  12. They will take over your national symbols, associate them with their regime, remake them into attributes of their power. They want you to forget that your flag, your anthem and your symbols belong to you, the People, to everyone equally. Don’t let them be hijacked. Use and expose them in your fight as much as they do.

    Show your national symbols with pride, let them give you strength, not associate you with the tyranny they brought onto your country.

  13. They will try to rewrite history to suit their needs and use the education system to support their agenda. They will smear any historical or living figure who wouldn’t approve of their actions, or distort their image to make you think they would. They will place emphasis on historical education in schools, feeding young minds with the “only correct” version of history and philosophy. They will raise a new generation of voters on their ideology, backing it with a distorted interpretation of history and view of the world.

    Guard the education of your children, teach them critical thinking, ensure their open-mindedness and protect your real history and heritage.

  14. They will alienate foreign allies and partners, convincing you don’t need them. They won’t care for the rest of the world, with their focus on “making your country great again”. While ruining your economy to fulfil their populist promises, they will omit the fact that you’re part of a bigger world whose development depends on cooperation, on sharing and on trade.

    Don’t let them build walls promising you security instead of bridges giving you prosperity.

  15. They will eventually manipulate the electoral system. They might say it’s to correct flaws, to make it more fair, more similar to the rest of the world, or just to make it better. Don’t believe it. They wouldn’t be messing with it at all if it wasn’t to benefit them in some way.

    Oppose any changes to electoral law that an authoritarian regime wants to enact – rest assured it’s only to help them remain in power longer.

And above all, be strong, fight, endure, and remember you’re on the good side of history.
EVERY authoritarian, totalitarian and fascist regime in history eventually failed, thanks to the PEOPLE.
– With love, your Eastern European friends

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

Martin Mycielski is a journalist, serving as Brussels correspondent for leading Polish daily Gazeta Wyborcza. Before that he was one of the leaders of the Committee for the Defence of Democracy (KOD) NGO and protest movement, which has organized the largest mass demonstrations in Poland since the fall of communism, opposing the authoritarian and unlawful actions of the Law and Justice (PiS) government and its leader, Jarosław Kaczyński (read more here and here, or just Google). In 2016 KOD’s efforts to defend democracy, fundamental freedoms and the rule of law were recognized by the European Parliament which awarded it the European Citizen’s Prize.

Since childhood Martin has been enamoured with the US, it’s culture, politics and people. Tragically, January events have put the worlds greatest democracy at risk, as they have clearly undermined the fundamental values the States were build upon, such as freedom, democracy, equality & diversity. As these values form the idea of America Martin has been raised on, he has decided to step in and help to defend them the only way he knows how – by sharing with you his experiences from a continent being currently torn apart by populists, authoritarians and tinpot dictators.

His message to President Donald J. Trump is therefore a paraphrased fragment from W. B. Yeats:

But I, being poor, have only my dreams;
I have spread my dreams under your feet;
Tread softly because you tread on my dreams;
And if you don’t, we the People will push you off them.

You can follow Martin on Twitter at @mycielski.

To view his professional background visit his portfolio, or invite him on LinkedIn to connect.

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

Scary, but important points to remember if we want “liberal Western democracy” to survive the Trump era.

Points 8, 9, an 14 have particular relevance to what is happening in our legal and immigration systems now. thus, I reiterate them in full here:

Point 8

When invading your liberal sensibilities they will focus on what hurts the most – women and minorities. They will act as if democracy was majority rule without respect for the minority. They will paint foreigners and immigrants as potential threats. Racial, religious, sexual and other minorities will become enemies to the order and security they are supposedly providing. They will challenge women’s social status, undermine gender equality and interfere with reproductive rights (see point 7). But it means they are aware of the threat women and minorities pose to their rule, so make it your strength.

Women and minorities should fight the hardest, reminding the majority what true democracy is about.

Point 9

They will try to take control of the judiciary. They will assault your highest court. They need to remove the checks and balances to be able to push through unconstitutional legislation. Controlling the judiciary they can also threat anyone that defies them with prosecution, including the press (see point 3).

Preserve the independence of your courts at all cost, they are your safety valve, the safeguard of the rule of law and the democratic system.

Point 14

They will alienate foreign allies and partners, convincing you don’t need them. They won’t care for the rest of the world, with their focus on “making your country great again”. While ruining your economy to fulfil their populist promises, they will omit the fact that you’re part of a bigger world whose development depends on cooperation, on sharing and on trade.

Don’t let them build walls promising you security instead of bridges giving you prosperity.

 

 

PWS

12-22-17