ANOTHER ILLEGAL TRUMP IMMIGRATION POLICY PUT ON HOLD: This Time It’s His “Insurance Scam” To Slash Legal Immigration — But, Will The Supremes Ultimately Uphold The Rule Of Law, Or Cave To The Trump Regime Again?

Susannah Liuthi
Susannah Luthi
Healthcare Reporter
Politico

https://apple.news/A-uzpmvT_TDyK8JGHsQ60ZA

Susannah Luthi for Politico:

Policy: Employment & Immigration

Judge halts Trump’s insurance mandate for immigrants

A federal judge in Oregon blocked President Donald Trump’s bid to deny immigrants visas unless they buy health insurance within 30 days of entering the country or otherwise show they can cover their medical costs.

U.S. District Court Judge Michael Simon issued an order on Tuesday to stop the State Department from enforcing a policy that officials unveiled in late October under a mandate from President Donald Trump, and which could drastically curtail the ability of people to legally migrate to the United States.

Simon noted that the requirement that immigrants buy unsubsidized insurance — meaning they couldn’t get financial assistance through Obamacare — barred poor people from entering the country, which he said clearly infringed on the law.

“The proclamation is anticipated to affect approximately 60 percent of all immigrant visa applicants,” the judge wrote. “The president offers no national security or foreign relations justification for this sweeping change in immigration law.”

Simon agreed with plaintiffs, including U.S. citizens and their overseas family members as well as the non-profit Latino Network, that the rule violated the Constitution’s separation of powers. His decision applies nationwide.

Immigration officials could have begun enforcing the requirement on Dec. 1. The administration is expected to appeal.

Simon, a Barack Obama appointee, had already temporarily blocked the policy from taking effect early this month, saying there was sufficient concern about the legality of the new requirements to merit a delay, particularly since the administration didn’t use a standard public comment period for the new rules.

The plaintiffs argued the sweeping nature of the executive action showed an attempt “to rewrite our country’s immigration laws and fundamentally shift the balance of power between the branches of government.”

The policy originated with a proclamation Trump issued on Oct. 4 that cast confusion and uncertainty onto the immigrant community and raised immediate concerns it could be unworkable. In the original order, Trump laid out the parameters for the types of health insurance legal immigrants could buy as a condition for getting a visa.

They wouldn’t be able to use federal subsidies to buy coverage on Obamacare exchanges, but could buy short-term insurance plans the administration has promoted that are cheaper but only offer barebone coverage.

That latter option layered Trump’s tough immigration policies on top of the fight over short-term plans. Democrat-led states including New York and California — which happen to draw a large share of immigrants — have banned the sale of such plans.

The plaintiffs also argued that since short-term plans leave people underinsured, the directive is undermining its own stated goal of cutting some of the uncompensated care costs from the U.S. health care system.

They also estimated the State Department through the policy would bar up to 375,000 people who could otherwise legally enter the country, shrinking the annual number of legal immigrants by nearly two-thirds.

The administration contends the criticisms are overblown and that the policy wouldn’t affect all legal immigrants, such as parents coming to the country to reunite with their children or vice versa.

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Of course Trump’s intent was to invidiously discriminate against immigrants of color and the poor. Of course, that’s unconstitutional. It’s not rocket science! It’s not even very complicated constitutional law.

But, then again, Trump’s “Muslim Ban,” his rewriting of asylum statutes, and his misappropriation of funds for his border wall stunt were also clearly unconstitutional. That didn’t seem to bother the Supreme’s GOP majority a bit in their “race to roll over for the Trump Regime.” After all, as Trump and his chump Solicitor General Noel Francisco keep not too subtly reminding the “Gang of Five,” they are “bought and paid for” and expected to perform as Regime toadies. Most of the time, they get the message.

So far, the Supremes and many Circuit Courts have lacked the guts and integrity to stand up consistently and powerfully to the Trump Regime’s attacks on our Constitution and humanity.

They apparently think that they are above the fray, particularly when the rights of the most vulnerable and defenseless are involved. But, maybe they are wrong. Perhaps, when Trump has finished eradicating constitutional norms and imposed his unique form of authoritarian dysfunction on our nation, these “robed wondermen” will be refugees along with the rest of us.

Nobody that I’ve ever met expects or wants to be a refugee. It can happen to anyone, at any time, no matter how fat, content, above the fray, and complicit you might be in your current position. Disturbingly, a majority of our very highest judges appear to lack the human perspective, historical knowledge, decency, courage, and empathy to see themselves in the position of those whose legal rights they abuse in Trump’s behalf. They certainly try hard not to understand the situation of refugees and migrants.

Yes, we want fair and impartial judges (something the Supremes have conveniently overlooked in dealing with the Immigration Courts). But, we don’t want or need judges who are detached from or indifferent to humanity and human suffering. After all, our laws are made by humans to regulate human conduct. When detached from its human roots and consequences, it becomes a tool for disorder and tyranny.

PWS

11-27-19

STUFFED AGAIN: Trump’s Attempt To Use Health Insurance As A Way To Cut Legal Immigration Temporarily Stopped By U.S. District Judge In Oregon – Administration That Works Tirelessly To Increase Number Of Uninsured Or Underinsured Americans Saw Bogus Health Insurance Requirement For Immigrants As Device To Circumvent Statute & Unlawfully Slash Legal Immigration!

 

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=0e59f13d-9a82-4908-9249-75e7fe5b281d

 

The AP reports:

 

PORTLAND, Ore. — A federal judge on Saturday put on hold a Trump administration rule requiring that immigrants prove they will have health insurance or can pay for medical care before they can receive visas.

U.S. District Judge Michael Simon granted a preliminary injunction that prevents the rule from going into effect Sunday. It’s not clear when he will rule on the merits of the case.

Seven U.S. citizens and a nonprofit organization filed the federal lawsuit Wednesday contending the rule would block nearly two-thirds of all prospective immigrants coming to the U.S. legally.

The lawsuit also said the rule would greatly reduce or eliminate the number of immigrants who enter the United States with family-sponsored visas. “We’re very grateful that the court recognized the need to block the healthcare ban immediately,” said Justice Action Center senior litigator Esther Sung, who argued at Saturday’s hearing on behalf of the plaintiffs. “The ban would separate families and cut two-thirds of green-card-based immigration starting tonight, were the ban not stopped.”

The proclamation signed by President Trump in early October applies to people seeking visas from abroad — not those in the U.S. already. It does not affect lawful permanent residents. It does not apply to asylum seekers, refugees or children.

The proclamation says immigrants will be barred from entering the country unless they will be covered by health insurance within 30 days of entering or have enough financial resources to pay for any medical costs.

The rule is the Trump administration’s latest effort to limit immigrant access to public programs while trying to move the country away from a family-based immigration system to a merit-based system.

The White House said in a statement at the time the proclamation was issued that too many noncitizens were taking advantage of the country’s “generous public health programs” and that immigrants contribute to the problem of “uncompensated healthcare costs.”

Under the government’s visa rule, the required insurance can be bought individually or provided by an employer and it can be short-term coverage or catastrophic.

Medicaid doesn’t count, and an immigrant can’t get a visa if using the Affordable Care Act’s subsidies, which the federal government pays for. According to the Migration Policy Institute, a nonpartisan immigration think tank, 57% of U.S. immigrants had private health insurance in 2017, compared with 69% of U.S.-born, and 30% had public health insurance coverage, compared with 36% of native-born.

The uninsured rate for immigrants dropped from 32% to 20% from 2013 to 2017, since the implementation of the Affordable Care Act, according to Migration Policy.

About 1.1 million people obtain green cards each year.

“Countless thousands across the country can breathe a sigh of relief today because the court recognized the urgent and irreparable harm that would have been inflicted” without the hold, said Jesse Bless, director of federal litigation at the American Immigration Lawyers Assn.

Earlier this year, the administration made sweeping changes to regulations that would deny green cards to immigrants who use some forms of public assistance, but the courts have blocked that measure.

 

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Trump continues to abuse the legal system and the Federal Courts with impunity to carry out his White Nationalist agenda. Unless and until the Circuits and the Supremes stand up to Trump’s racist-inspired lawlessness in clear and authoritative terms, the abuse will continue.

Appellate judicial wimpiness breeds contempt!

 

PWS

 

11-04-19

 

 

RUTH ELLEN WASEM @ THE HILL: When Child Abuse Becomes Our Nation’s Official Policy, We All Share The Shame!

Ruth Ellen Wasem
Ruth Ellen Wasem
Professor of Public Policy
UT-Austin

https://thehill.com/opinion/immigration/460349-report-on-migrant-children-documents-the-painfully-obvious

The Department of Health and Human Services (HHS) Office of Inspector General (OIG)’s new report found the Trump administration’s policy changes in 2018 exacerbated the mental health needs of “unaccompanied alien children” in their custody. The unaccompanied alien children in this study are overwhelmingly asylum seekers from Central America. No one should be surprised that the OIG found two particular policies — separating children from their parents and prolonging the time children are in custody — are especially harmful to the children’s mental health.

Researchers, mental health professionals and policymakers have known for years that refugee children are likely to have experienced traumas that challenge their mental health. Studies in the United States and in Europe have established that asylum-seeking children and adolescents are likely to have post-traumatic stress symptoms, anxiety, depression and externalizing behaviors.  Given that the escape of many of these Central American children was prompted by violence and deprivation in their home countries, they certainly are at high risk of developing mental disorders.

Last year I wrote that the Trump administration “knew it would cause lasting harm, and still took children from parents.” In July 2018, Jonathan White, the former deputy director of children’s programs in the HHS Office of Refugee Resettlement (ORR), testified to Congress that he had warned administration officials, early in the discussions to ramp up the zero tolerance toward asylum seekers, about the harm such policies pose to children. White argued that the separation of children from parents entails “significant risk of harm to children” as well as “psychological injury.” But administration officials overruled White.

The policy of family separation happens less frequently now; the Department of Homeland Security (DHS) reported that 911 children were taken from their asylum-seeking parents in the year after the June 26, 2018, court order to stop the practice. About 30 children whom DHS took from their parents during the peak of the policy in 2018 still remain separated from their parents. The new OIG report documents the deleterious effects this policy has had on the mental health of these children.

The House Committee on Oversight and Reform in July released a report of their investigation of the child-separation policy. The committee’s set of findings on how long children were held in custody is among the deeply troubling results — and not just because they found evidence the administration violated federal law on how long DHS can hold a child in detention. After DHS transferred custody to ORR, the committee reports that “records show that children of all ages were held in ORR custody for extensive periods of time.” The average was 90 days, with some children in ORR custody for more than 18 months.

When the committee’s findings are overlaid on the OIG study, the picture of the extensive damage to children’s mental health becomes even sharper. More precisely, the other policy the OIG found that was especially damaging to asylum-seeking children is the practice of prolonging the time children are in custody. “Facilities reported that children with longer stays experienced more stress, anxiety, and behavioral issues, which staff had to manage. Some children who did not initially exhibit mental health or behavioral issues began reacting negatively as their stays grew longer.”

If you are thinking that these compelling, thorough reports are prompting an end to this human tragedy — enter stage right the new DHS rule for the “Apprehension, Processing, Care and Custody of Alien Minors and Unaccompanied Alien Children.” This regulation takes aim at the 1997 court-ordered consent decree, known as the Flores settlement, that limits the detention of children and set standards for their care. Among other things, the new rule would allow DHS to indefinitely detain migrant families, including those arriving to seek asylum. Administration officials assured that they would provide high standards for the care of children. The official press release stated “all children in the Government’s care will be universally treated with dignity, respect and special concern, in concert with American values and faithful to the intent of the settlement.”

However, the new rule eliminates the requirement that facilities holding families with children be state-licensed facilities. DHS would be responsible for licensing the family detention centers. Given the reports this summer of squalid conditions at facilities overseen by DHS, including a scathing “management alert” report by DHS’s Office of Inspector General, a new policy of prolonged detention of families and children seeking asylum is frightful. Attorneys general representing 20 states have sued to stop the policy change.

Two wrongs don’t make a right — but they do make a place in this administration’s immigration policies.

Ruth Ellen Wasem is a professor of policy practice at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration. Follow her on Twitter @rewasem.

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Yup!

And, it’s only going to get worse, Ruth, as the Federal Courts have now joined in furthering and justifying the abuses of children, women, gays, and all migrants. 

Astoundingly, we’re seeing an institutional failure of our democratic republic that took more than two centuries to build in a little more than two years of Trump’s lawless authoritarian rule.  

Trump might not be the brightest bulb in the pack, but he has proved to have amazing talent for exploiting democracy’s weaknesses and co-opting and “weaponizing” supposedly democratic institutions to further his plan of destroying them completely. Lots of supposedly smart guys out there these days sucking up and doing his bidding.

PWS

09-12-19

KIT JOHNSON & NOLAN RAPPAPORT UNITED IN CAUSE OF JUSTICE FOR MARIA ISABEL BUESO — Different Methods, But One Objective: Justice!

KIT JOHNSON & NOLAN RAPPAPORT UNITED IN CAUSE OF JUSTICE FOR MARIA ISABEL BUESO — Different Methods, But One Objective: Justice!

Kit Johnson
Kit Johnson
Associate Professor of Law
University of Oklahoma Law School
Nolan Rappaport
Family Pictures
Nolan Rappaport
Opinion Writer
The Hill
Kevin R. Johnson
Kevin R. Johnson
Dean
UC Davis School of Law

https://lawprofessors.typepad.com/immigration/2019/09/trumps-death-sentence-for-immigrant-who-followed-the-law-merits-private-bill.html

Summary from Dean Kevin Johnson @ ImmigrationProf Blog:

Nolan Rappaport: Trump’s ‘death sentence’ for immigrant who followed the law merits private bill

Thursday, September 5, 2019

Kit Johnson has been blogging on the case of Maria Isabel Bueso, who at age 7 came to the United States for specialized health care for a life-threatening matter and now is threatened with removal — and possible death — by the Trump administration.

Nolan Rappaport on the Hill is more optimistic than Kit on the possibilities for a private bill allowing Bueso to gain lawful immigration status and remain in the United States.  He writes, “In 30-some years as an immigration lawyer, I have not seen a more compelling justification for a private bill than the way the administration has treated Maria `Isabel’ Bueso.”

KJ

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Go on over to ImmigrationProf Blog at the link for all the links to the story highlighted by Nolan and Kit.

Sometimes Trump’s immigration policies bring folks together: in united opposition.

Thanks to Nolan and Kit for highlighting this case! Hopefully, unity and publicity will bring success and save lives in this and other cases

PWS

09-07

-19

LABOR DAY @ WASHPOST: The Toxic Hypocrisy Of Trump & The Restrictionists On The Labor Issue!

LABOR DAY @ WASHPOST:  The Toxic Hypocrisy Of Tru.mp & The Restrictionists On The Labor Issue!

https://www.washingtonpost.com/opinions/these-days-our-debate-over-labor-is-awash-in-hypocrisy/2019/09/01/d57e735c-c9a4-11e9-a4f3-c081a126de70_story.html

By Editorial Board

September 1 at 5:47 PM

A CYNIC, says a character in one of Oscar Wilde’s novels, is someone who knows the price of everything and the value of nothing. If that’s true, then the debate over the state of labor in the United States these days is awash in cynicism — or maybe it could just be called plain old hypocrisy. And in truth, it’s not so much a debate as a shouting match, largely over the inflamed issue of immigration.

Most of the noise comes from restrictionists, encouraged and shamelessly egged on, for the first time in memory, by a president of the United States. Such people recite figures they have assembled regarding the costs of immigration: its effects on wages, government spending and, of course, our “culture,” which some might take as a cover word for race or ethnicity or religion. But a lot of these compilations are questionable, both in their origins and their conclusions.

And beyond that, there is a great contradiction in such reasoning: It fails to take account of the work immigrants do in this country — the fruits of their labor, which are shared by the entire society. The skylines of metropolitan areas such as ours have been transformed over the past quarter-century by new construction, with immigrants providing a considerable share of the labor. Many of our hospitals, clinics, day-care centers, hotels, homes for the elderly and other institutions could not exist without immigrant employees, who made up about 17 percent of this country’s workforce in 2018, according to a government report.

A quarter of immigrants, in turn, are thought to be unauthorized. Although they are regularly slandered — by the president, among others — as a source of crime and as living off the dole, they are, for the most part, as law-abiding as the general population and are eligible for few government benefits. Not many people with personal knowledge of the matter would question their work ethic. Their labors in farm and field help feed the country; replacing them there would be a daunting task. They serve in some of the most demanding and often unpleasant jobs in our society: slaughtering animals, working long hours outdoors in punishing heat and cold, caring for the elderly, sick and mentally ill, cleaning four or five homes a day.

Strangely enough, this sort of thing is rarely discussed in any serious way on the cable outlets and social media. There is much in the way of insult and calumny toward impoverished immigrants (they “make our country poorer and dirtier,” said one popular TV opinionizer) but little constructive thought on how this country, with a static and aging native population and a tightening labor market, can continue to prosper without a reasonable amount of immigration.

Although unauthorized immigrants are routinely demonized by some in Congress and the media, there is a sizable part of the country, perhaps a majority, that does not consider their presence here to be criminal, that in fact sympathizes with them. There aren’t many other kinds of lawbreakers of whom that can be said. The recent immigration raid on agricultural processing plants in Mississippi, in which nearly 700 workers were rounded up, brought forth a wave of help and support for the workers and their families from people around the country, including churches and neighbors in Mississippi.

Practical and intelligent proposals are being made for dealing with the problems of immigration and work. But nothing can be done unless more of this country pays attention to the realities in working America in the coming election year and not to the dark maundering of demagogic doomsayers.

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Yup.

Largely what I’ve been saying all along on “Courtside.” The solution to the largely manufactured “immigration crisis” is staring us in the face. 

Legalize those already in the labor force, so that they can be fully protected from exploitation by minimum wage, wage and hour, and OSHA laws, and reach their full economic potential in our society (which would also maximize tax revenues and Social Security contributions). 

Then, provide many more legal immigration opportunities for workers and families, both permanent and temporary, to keep America great and prevent us from suffering the type of economic stagnation that has hit Japan and other “low immigration” countries.

The main things standing in the way of such rational and practical solutions are Trump and the hard core GOP restrictionists who prop him up.

Sadly, it also appears that some, not all, within the massive DHS bureaucracy have become invested in cruel and futile immigration enforcement which requires endless taxpayer money and bodies to maintain its cycle of inevitable, yet sometimes politically advantageous, “enforcement-only” failures.

PWS

09-02-19

TRUMP, MILLER, & “COOCH COOCH” ARE AS INTELLECTUALLY DULL AS THEY ARE RACIST — “USEFUL IDIOTS” PROVE NO MATCH FOR SMART WOMEN: CNN’S ERIN BURNETT, HUFFPOST’S SARAH RUIZ-GROSSMAN, HISTORIAN ANNIE POLLAND, & VANITY FAIR’S BESS LEVIN — No Wonder The Administration’s  Malicious Incompetents Surround Themselves With (Mostly Old White Male) Folks Who Might Be Even Dumber (But Not More Vile) Than They Are!

Erin Burnett
Erin Burnett
CNN Anchor
Erin Burnett OutFront 

Watch Erin eviscerate “Coach Cooch” — talk about debunking many of Trump’s flse narritives and blatant racist lies in one short piece:

https://apple.news/AzfXx6N_GTA-c-0HtLeBxmQ

 

Sarah Ruiz-Grossman
Sarah Ruiz- Grossman
News & Politics Reporter
Huffington Post
Annie Polland
Annie Polland
Historian & Executive Director
American Jewish Historical Society, NY

Read Sarah’s report of the mismatch, featuring American Jewish Historical Society’s Historian Annie Polland:

 

https://www.huffpost.com/entry/ken-cuccinelli-statue-liberty-poem-about-europe_n_5d535ed3e4b05fa9df0671ee

 

POLITICS 

  7 hours ago

Ken Cuccinelli: Statue Of Liberty Poem About ‘People Coming From Europe’

Trump’s citizenship and immigration chief followed up his earlier comments about the famous Emma Lazarus poem with a racist clarification.

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Ken Cuccinelli, the Trump administration’s acting head of U.S. Citizenship and Immigration Services, reinforced his controversial interpretation of the inscription on the Statue of Liberty ― this time giving it a racist twist.

CNN journalist Erin Burnett was asking Cuccinelli about his earlier interview with NPR, in which he reworded the Emma Lazarus poem “The New Colossus,” saying: “Give me your tired and your poor who can stand on their own two feet, and who will not become a public charge.”

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“‘Wretched,’ ‘poor,’ refuse’ – right? That’s what the poem says America is supposed to stand for. So what do you think America stands for?” Burnett asked Cuccinelli.

“Well, of course, that poem was referring back to people coming from Europe,” Cuccinelli answered, “where they had class-based societies, where people were considered wretched if they weren’t in the right class … And it was written one year after the first federal public charge rule was written.”

It is unclear why Cuccinelli felt the need to specify the group of immigrants Lazarus was referring to. The poem itself describes the Statue of Liberty by saying, “From her beacon-hand/ Glows world-wide welcome.” USCIS did not immediately respond to HuffPost’s request for comment.

Cuccinelli was on NPR defending the Trump administration’s controversial new rule effectively barring legal immigrants who are on government benefits, like food stamps and Medicaid, from becoming permanent residents.

Josh Marshall

@joshtpm

 

 

Lotsa folks asking for longer version of this cuccinelli clip. Here it is.

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7:36 PM – Aug 13, 2019

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After his remarks on NPR, HuffPost spoke to Annie Polland, a historian and director of the organization that has the original manuscript of Lazarus’ poem.

“To see how something so expressive of the country’s greatest ideals, to see how it could be so contorted or distorted, is really, I think, dismay is the only word,” said Polland, the executive director of the American Jewish Historical Society in New York, adding that she was “not surprised because we’ve been hearing these sentiments more than we have in the past.”

Lazarus originally wrote the poem in 1883 and it was added to the statue in 1903. Since then, the poem has become a symbol of the United States’ history of immigration.

Polland argued that the poem “is as much about who America or what America should be, as it is about immigrants,” adding that “in many ways, America defines itself by how it’s welcoming immigrants.”

 

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

And, speaking of “evisceration,” perhaps no pundit in American does it better than Vanity Fair’s Bess Levin, who as had “Don the Cons’s “number “dialed up” from the get-go:

https://www.vanityfair.com/news/2019/08/ken-cuccinelli-statue-of-liberty

Lady Liberty

TRUMP OFFICIAL REWRITES STATUE OF LIBERTY POEM TO REFLECT TRUMP’S “NO POORS” POLICY

Ken Cuccinelli doesn’t think the whole “give me your tired, your poor” business applies anymore.

BY

BESS LEVIN

AUGUST 13, 2019

BY WIN MCNAMEE/GETTY IMAGES.The base of the Statue of Liberty famously displays the words of Emma Lazarus, “Give me your tired, your poor, your huddled masses yearning to breathe free.” But, if Donald Trump’s top immigration official had it his way, the poem would be revised to reflect the president’s “rich immigrants only” policy.

Speaking to NPR on Tuesday, the day after the administration unveiled a new rule that will penalize green card applicants for “financial liabilities” like having a low credit score or using Medicaid, Ken Cuccinelli, acting director of U.S. Citizenship and Immigration Services, was asked if Lazarus’s poem, “The New Colossus,” remains “part of the American ethos.” To which Cuccinelli offered some suggested edits inspired by the executive branch’s take on who should or shouldn’t be allowed to live in the United States. “They certainly are,” Cuccinelli said. “Give me your tired and your poor—who can stand on their own two feet and who will not become a public charge.”

Aaron Rupar

@atrupar

 

 

Here’s acting USCIS director Ken Cuccinelli saying on NPR this morning that the Statue of Liberty plaque should be changed to read, “give me your tired and your poor who can stand on their own two feet, and who will not become a public charge.”

8,535

8:31 AM – Aug 13, 2019

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One day prior, Cuccinelli had told reporters at the White House that he was “certainly not prepared to take anything down off the Statue of Liberty,” though apparently, having slept on it, he’s now up for some kind of appendage. During his interview with NPR, Cuccinelli noted that the plaque bearing Lazarus’s words “was put on the Statue of Liberty at almost the same time as the first public charge was passed—very interesting timing.” It’s not at all clear what point he thought he was making.

WATCH NOW: 

Jon Favreau Breaks Down The Lion King’s Opening Scene

 

Despite having zero actual experience in immigration policy, Cuccinelli was hired in May thanks to previous work sponsoring bills that tried to repeal birthright citizenship and would force employees to speak English in the workplace. (Had the latter passed, we assume Cuccinelli would have proposed revising the Statue of Liberty’s poem to read, “Speak English, bitch.”) In 2013, his mother told the Washington Post that as Christians, the Cuccinellis raised their children to “care [for] the poor” and that “if someone is starving, you want to bring him a meal, not a book on how to cook,” lessons her son apparently forgot. (Speaking of his Christian values, Cuccinelli has said that homosexuality “brings nothing but self-destruction, not only physically but of their soul.”)

This isn’t the first time a member of the Trump administration has cast aspersions on the whole “give me your tired, your poor,” business. Back in 2017, Stephen Miller, the president’s chief white rage officer, told Jim Acosta that he didn’t give a shit about the poem because it “was added later and is not part of the original Statue of Liberty.”

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We are “governed” by evil racist fools. It’s up to the “The Due Process Army” and others to defend America and American ideals from these ignorant, yet existentially dangerous, White Nationalist racists!

 

PWS

08-14-19

 

 

 

 

 

TRUMP IS FULL OF IT, BUT OUR COUNTRY ISN’T – Outside The White Nationalist World, Nearly All Experts Agree That We Need More Immigration

https://www.nytimes.com/2019/04/09/upshot/trump-america-full-or-emptying.html

Neil Irwin & Emily Badger report for the NY Times:

Trump Says the U.S. Is ‘Full.’ Much of the Nation Has the Opposite Problem.

An aging population and a declining birthrate among the native-born population mean a shrinking work force in many areas.

President Trump has adopted a blunt new message in recent days for migrants seeking refuge in the United States: “Our country is full.”

To the degree the president is addressing something broader than the recent strains on the asylum-seeking process, the line suggests the nation can’t accommodate higher immigration levels because it is already bursting at the seams. But it runs counter to the consensus among demographers and economists.

They see ample evidence of a country that is not remotely “full” — but one where an aging population and declining birthrates among the native-born population are creating underpopulated cities and towns, vacant housing and troubled public finances.

Local officials in many of those places view a shrinking population and work force as an existential problem with few obvious solutions.

“I believe our biggest threat is our declining labor force,” said Gov. Phil Scott of Vermont, a Republican, in his annual budget address this year. “It’s the root of every problem we face.

“This makes it incredibly difficult for businesses to recruit new employees and expand, harder for communities to grow and leaves fewer of us to cover the cost of state government.”

Or if you look at a city like Detroit, “many of the city’s problems would become less difficult if its population would start growing,” said Edward Glaeser, a Harvard economist. “All sorts of things like the hangover pension liability become much more solvable if you’re actually looking at new people coming in.”

A road less traveled in Rutland, Vt., last spring. Vermont’s governor has described the state’s shrinking labor force as “at the root of every problem we face.” CreditCaleb Kenna for The New York Times
Image
A road less traveled in Rutland, Vt., last spring. Vermont’s governor has described the state’s shrinking labor force as “at the root of every problem we face.” CreditCaleb Kenna for The New York Times

This consensus is visible in official government projections. The Congressional Budget Office foresees the American labor force rising by only 0.5 percent a year over the coming decade, about one-third as fast as from 1950 to 2007. That is a crucial reason that economic growth is forecast to remain well below its late 20th-century levels.

And that, in turn, is reflected in the national fiscal outlook. There are now 2.8 workers for every recipient of Social Security benefits, a rate on track to fall to 2.2 by 2035, according to the program’s trustees. Many state pension plans face even greater demography-induced strains.

In smaller cities and rural areas, demographic decline is a fundamental fact of life. A recent study by the Economic Innovation Group found that 80 percent of American counties, with a combined population of 149 million, saw a decline in their number of prime working-age adults from 2007 to 2017.

Population growth in the United States has now hit its lowest level since 1937, partly because of a record-low fertility rate — the number of children born per woman. The United States increasingly has population growth rates similar to slow-growing Japan and Western Europe, with immigration partly offsetting that shift.

The Trump administration has portrayed the surge of asylum seekers at the southern border as a crisis, and applied aggressive tactics to deport undocumented immigrants already in the United States. But it has also announced plans to issue up to 30,000 additional H-2B visas for temporary workers.

“That immigrants keep showing up here is a testament to our freedom and the economic opportunity here,” said Matthew Kahn, an economist at the University of Southern California. If immigrants weren’t trying to come — if they believed the United States to be full — that would be a problem, Mr. Kahn said.

A particular fear, said John Lettieri, president of the Economic Innovation Group, is that declining population, falling home prices and weak public finances will create a vicious cycle that the places losing population could find hard to escape.

He proposes a program of “heartland visas,” in which skilled immigrants could obtain work visas to the United States on the condition they live in one of the counties facing demographic decline — with troubled counties themselves deciding whether to participate.

Although some of the areas with declining demographics are hostile to immigration, others, cities as varied as Baltimore, Indianapolis and Fargo, N.D., have embraced the strategy of encouraging it.

“One of the key solutions is to welcome immigrants into these communities,” said Brooks Rainwater, director of the National League of Cities’ Center for City Solutions.

Many parts of the country that are growing in population and that are more economically dynamic have depended on the arrival of immigrants for that success.

Sun Belt metros like Dallas and Phoenix have been built on the logic of rapid expansion — of quickly built homes, of poached employers, of new highways paved to ever-newer subdivisions. Their economic development strategy is growth. Their chief input is people — the more, the better.

“Growth cities need immigrants to continue their growth,” said Joel Kotkin, executive director of the Houston-based Center for Opportunity Urbanism, which promotes policies to help cities grow. “The older historically declining cities need immigrants to reinvigorate their economies. And the expensive cities need them because, frankly, white people, African-Americans and middle-class people are leaving for more affordable areas.”

As many industrial cities have lost population since the mid-20th century, Americans have built whole new metropolises on land that was virtually empty then. The Las Vegas metropolitan area, with more than two million people today, had barely 50,000 in 1950.

Still, only about 3 percent of the country’s land is urbanized.

America’s metropolitan areas remain among the least dense in the world, said Sonia Hirt, a professor of landscape architecture and planning at the University of Georgia. Nationwide, the United States has less than one-third of the population density of the European Union, and a quarter of the density of China.

“Factually speaking, the country is not actually full — that’s impossible,” Ms. Hirt said. “The real question is, if you continue on the current path of immigration, does this bring more benefits than it brings costs?”

Economists, too, argue that countries, or even cities, can’t really fill up. Rather, communities choose not to make the political choices necessary to accommodate more people. At the local level, that means neighbors may be unwilling to allow taller buildings or to invest in more schools or improved infrastructure. At the national level, it means that politicians may be unwilling to take up immigration reform, or to address workers who fear unemployment. The president’s comments echo such local fights.

“We’re full” has often been a motto for people to keep out poorer renters, minority households or apartment buildings, among both conservatives and liberals. The claim can be a way of disguising exclusion as practicality. It’s not that we’re unwelcoming; it’s just that we’re full.

When it comes to the economy, at least, the country looks more like one that is too empty than too full.

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

The White Nationalist agenda, which is being pushed not only by the White House but also by a number of GOP Senators and Representatives, prevents us from having the discussion we really must have: how many more individuals should we admit through our legal immigration system and how should we allocate those admissions to:

  • Best respond to market needs;
  • Reduce the need for a “black market system” that will continue to flourish as long as our system is out of whack with supply, demand, and humanitarian needs and obligations; and
  • Assist legitimate law enforcement by shifting the focus away from (often futile and always wasteful) efforts to prevent entry of those we should be welcoming through our legal immigration system.

PWS

04-10-19

 

TAL @ SF CHRON: Dems Start Talking Specifics On Immigration For 2020

https://www.sfchronicle.com/politics/article/2020-Democrats-grapple-with-immigration-message-13746205.php

2020 Democrats grapple with immigration message as border crossings surge

By Tal Kopan

WASHINGTON — Democrats credit their 2018 midterm success to focusing on pocketbook issues and avoiding engaging with President Trump on immigration They may not have that luxury in 2020.

The U.S. is on pace to receive more migrants at the southern border — many of whom are seeking asylum — in fiscal year 2019 than in any year in over a decade. At current rates, more than 750,000 migrants would either be caught trying to cross the border illegally or show up at a valid crossing without authorization to enter. The Trump administration says it is unable to handle the influx, and photos of migrants held in pens under a bridge in El Paso last month made national headlines.

But aside from condemning Trump’s immigration policies as cruel contributors to the problem, Democrats have largely avoided talking about border-security ideas. Most of the party’s presidential candidates have focused on expanding access to health care and other economic measures intended to boost the middle class, and have touched on immigration only in broad strokes.

But that could change very soon — and should, some experts say.

“Trump wants to turn the 2020 election into a debate between GOP border hawks and Democratic open borders-types,” said Frank Sharry, executive director of the pro-immigrant advocacy group America’s Voice. “Democrats would be wise to turn the debate into Trump’s cruelty and incompetence versus Democrats’ practical solutions. … I think it’s a time for serious people to step up with serious ideas.”

Trump threatened to close the U.S. border with Mexico before backing away from the idea last week. But he’s made clear that just as they were in 2016, immigration issues will be at the center of his 2020 campaign. On Friday, the Trump campaign released a video consisting of comments from Democratic presidential contenders downplaying the situation at the border, with text declaring, “Democrats do not want to keep Americans safe.”

Democrats consistently attack Trump’s immigration comments and agenda, but tend to limit discussion of their own policies to promoting paths to citizenship for sympathetic populations of undocumented migrants. Some worry that if they don’t have a clear plan to address the increasing numbers of asylum seekers at the border, Trump could ride the issue to victory again.

“This is going to be the cannon fodder for the Trump campaign and for Republicans in general,” said Rep. Raul Grijalva, D-Ariz., a senior member of Congress’ Progressive Caucus and Hispanic Caucus. “I think that we need to be proactive. … The hard edge is going to want nothing but Trump’s policy, of which there is none. I think the vast middle are looking for somebody taking the lead to try to solve the issue, as opposed to continuing to use it” politically.

Two of former President Barack Obama’s top communications strategists agreed.

“We need to go on offense as soon as humanly possible,” former Obama national security spokesman Tommy Vietor said last week on the “Pod Save America” podcast. “We can’t sit back and say just, ‘No wall, no fence,’ and let him hammer us until (the) election.”

Former Obama chief speechwriter Jon Favreau added, “The point that Democrats don’t make enough is, we always say that his immigration policy is cruel, which it is, but it’s also dumb. It just doesn’t work.”

Although Grijalva has not endorsed any of the Democratic candidates for president, he praised former Housing and Urban Development Secretary Julián Castro for releasing a formal immigration policy last week, making him the first candidate to do so.

Castro’s proposal includes the Democratic staples of offering a pathway to citizenship for “Dreamers” — young undocumented immigrants who came to the U.S. as minors — as well as the broader undocumented population. It would rescind many Trump administration policies, including the ban on travel from several majority-Muslim countries and other nations, and pour money and diplomatic resources into the Central American nations that many of the migrants are fleeing.

Castro also proposes progressive positions like breaking up Immigration and Customs Enforcement and redistributing its functions. He also would make it no longer a crime to cross the border illegally, leaving it up to immigration courts to handle the civil offenses related to being in the country without authorization.

Former Texas Rep. Beto O’Rourke comes from the border city of El Paso, but when he served in the House, he played no leadership role in immigration debates. O’Rourke wrote a Medium post last week on the issue and offered a set of 10 proposals that included expanding legal immigration and investing in border infrastructure and Central America.

Other candidates have also spoken up about immigration, without making it a central theme of their campaigns. The Chronicle reached out to the major declared candidates for their policies, and all the ones who responded supported a pathway to citizenship for at least some undocumented immigrants already in the U.S. But none offered many specifics about what they would do at the southern border, other than encouraging aid to Central America.

California’s Kamala Harris has engaged on the issue as a senator, questioning the Department of Homeland Security on its policies and being an outspoken advocate of Dreamers. Last week, she introduced a bill that would allow Dreamers who are temporarily protected from deportation under the Deferred Action for Childhood Arrivals act to be paid for work in congressional offices. She frequently cites her own life story as the child of two immigrants. But as a candidate, Harris has said little about her border policy proposals and has made economic issues her signature.

A spokeswoman for New Jersey Sen. Cory Booker said he would reform the immigration system while “enforcing our laws and securing our borders in ways consistent with our values.”

Vermont Sen. Bernie Sanders wants a “humane and secure” system that “dismantles inhumane deportation programs,” restructures ICE and puts “the sanctity of families at the forefront,” according to his campaign.

Massachusetts Sen. Elizabeth Warren supports comprehensive immigration reform, reversing cuts in aid to Central America and “making sure we provide the support needed so mamas don’t have to flee with their babies for their lives,” according to an aide.

The lack of engagement by the presidential field is indicative of broader soul-searching within the party, including in the House. Progressive Caucus co-chairwoman Rep. Pramila Jayapal, D-Wash., said she is part of a group working on “principles” for the party. O’Rourke’s successor in his House seat, Rep. Veronica Escobar, said she spoke to the Democratic caucus during a recent closed-door meeting about the need to come up with a plan.

“The Trump administration does everything it can to fuel the flames of fear and discord and xenophobia, and we have to demonstrate an alternative to that,” Escobar said. “So I do think presidential candidates need to lean in.”

But not every Democrat thinks going on offense on immigration would be wise. Swing district Democrats largely avoided the issue in the 2018 midterms — they were “queasy” at the idea of getting near it, Grijalva said — and some Democrats hope to repeat their success by side-stepping it again, at least for now.

“We had a 35-day national conversation about border security, and it ended with Donald Trump engaging in an unconditional surrender,” said New York Rep. Hakeem Jeffries, a member of party leadership, referring to the partial government shutdown over border wall funding. “The 116th Congress, from the perspective of House Democrats, will continue to be about lowering health care costs and enacting a real infrastructure plan, and trying to do those two things in a bipartisan fashion.”

He said Democrats’ focus in the presidential race should be distinguishing themselves in the primary. “It’s not necessarily clear to me that in that context there’s a lot of daylight on immigration,” Jeffries said. “Once somebody emerges as a Democratic nominee, then there will be an opportunity to lay out a contrasting vision with the xenophobe-in-chief Donald Trump.”

Hillary Clinton’s former campaign press secretary, Brian Fallon, who now runs the left-aligned advocacy group Demand Justice, argued that Democrats should avoid debating on Trump’s terms.

“In 2020, Donald Trump can be expected to do the same thing that he did leading up to the 2018 midterms, which is try to manufacture political controversies on his issues,” Fallon said. “Getting wrapped around the axle on the terrain that he wants to fight on is a losing strategy, and he would love the first, second, and third issue in October of 2020 to be immigration. And if we are trying to choose our preferred issue, it should be health care.”

A senior aide for Trump’s re-election campaign confirmed that Trump would again be running on a border security message.

“He’s made that a cornerstone of his campaign since Day One — that’s not going to change,” said the aide, who requested anonymity to speak more freely. “Democrats are denying the crisis at the border. They want to see who can go the furthest left as they try and not address the issue at hand. They want to abolish ICE, they want to tear down existing barriers, they want to decriminalize border crossings. At what point are we addressing what is a true crisis at the southern border?”

One risk for Democrats is letting the loudest and most progressive voices define the issue for the party, said Ali Noorani, executive director of the moderate immigration advocacy group the National Immigration Forum. Many progressives, for example, want to abolish ICE, a proposal that could be unpopular with swing voters.

“I think the challenge for the party writ large, whether it’s the presidential candidates or Congress, is the perception that Democrats are just against whatever Trump is for on immigration, and a lot of the political conversation is sucked up by the progressive element in the House,” Noorani said.

The 2020 candidates should quickly articulate their own vision on the issue, he added. “Otherwise, Trump will define the Democrats’ position for them.”

Some Republicans join Democrats in believing Trump has left room in the middle with his aggressive immigration agenda. GOP strategist Kevin Madden, a veteran of Mitt Romney’s presidential campaigns, said Trump’s immigration message hurt Republicans with suburban swing voters in the midterms, and that “pragmatism” would sell.

“It can’t just be reflexive opposition,” Madden said. “If you know this debate is going to take place, why would you wait until the president starts attacking you to come up with your plan and your message? You have to have an anticipatory self-defense on this so you have a greater opportunity to win the middle.”

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. Email: tal.kopan@sfchronicle.com Twitter: @talkopan

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

A rational, humane, generous immigration policy that benefits the economy while rejecting the politics of bombast, hate, racism, and ignorance should be a winner in 2022 just like it was in 2018. That’s particularly true because Trump and the GOP have self destructed on health care, another winning issue for the Dems.

As I mentioned last week, I think the immigration policy agenda offered by Julian Castro is where America must go sooner or later to survive and prosper. He might not be the candidate, but his common-sense, fact-based proposal could be the “winning ticket.”

PWS

04-07-19

INSIDE THE “NEW AMERICAN GULAG:” Conditions Are Cruel, Inhuman, Degrading, & Life-Threatening — Why Are We Funding The Perpetrators, Rather Holding Them Accountable & Demanding An End To Human Rights Abuses In America?

https://www.latimes.com/opinion/op-ed/la-oe-saadi-immigration-health-care-detention-facilities-2019025-story.html

Altaf Saadi, M.D., writes in the LA Times:

This week, a 45-year-old immigrant in the U.S. illegally died in Border Patrol custody. His death follows the December deaths of 7-year-old Jakelin Caal and 8-year-old Felipe Alonzo-Gomez in United States immigration custody, both of which prompted demands for improving healthcare for immigrants in detention.

As a physician who has evaluated dozens of individuals in Immigration and Customs Enforcement detention for legal groups and human rights organizations, I know that high-profile deaths are only one small piece of the story of severely substandard healthcare in America’s immigration detention system.

For example, in one detention center I met and reviewed the medical records of a man who had been thriving and holding steady employment for years while on schizophrenia medications. Then he was picked up and detained by ICE. In detention, he told me, ICE personnel abruptly stopped his medications. After a nearly two-week delay, an alternative medication was prescribed, but it was not as effective. His mental health deteriorated, and he experienced worsening auditory hallucinations and suicidal thoughts. He attempted suicide four times.

Media reports of high-profile deaths capture only a sliver of the human rights violations occurring in detention.


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Another individual I met with and whose medical records I reviewed had longstanding hypothyroidism, but ICE failed to provide her with thyroid medication in detention. When she was first hospitalized for worsening mental health, her thyroid hormone level was 60 times higher than normal. Despite the hospital medical team’s explicit instructions, ICE still failed to provide her thyroid medication when she returned to detention. It was not until a second hospitalization, again with a critically abnormal thyroid hormone level, that she finally received her medication.

I also met with a man who had developed a stomach ulcer and vomited blood after ICE medical personnel gave him ibuprofen repeatedly for back pain — even though he had reported symptoms of severe heartburn. Any physician applying the proper standard of care would know to minimize prescribing ibuprofen to an individual with severe heartburn.

The kinds of problems I saw are in keeping with the type repeatedly documented by immigrant advocates, filed in litigation and contained in the government’s own reports. According to Freedom for Immigrants, a national advocacy group seeking to end immigration detention, the top complaint they hear from detained immigrants is medical neglect.

In addition, multiple Department of Homeland Security inspector general reports have concluded that detention facilities repeatedly fail to comply with federal standards, including those requiring adequate healthcare. In 2017, a report noted delays in the provision of healthcare and a lack of adequate documentation. And the problems extend beyond healthcare. A report in January 2019 cited more than 14,000 deficiencies found during inspections of 106 immigrant detention facilities nationwide between October 2015 and June 30, 2018.

Substandard conditions can significantly harm an individual’s health. Many of the individuals I met with said they experienced sleep deprivation from lights being kept on 24 hours a day. Some said they had to wear dirty prison uniforms that caused urinary and vaginal infections. Others complained of being served rotten or inadequate food, a violation of standards that has been repeatedly documented in inspection reports.

Some detainees also reported verbal and physical abuse by guards, which can significantly worsen the mental health of immigrant detainees. For example, during one of his acute mental health crises, the schizophrenic man I interviewed recalled banging his body against a wall as he wrestled with voices telling him to kill himself. He said a guard referred to his distress as a “tantrum” and told him to “get over it.”

Other detainees told me that staff used frequent racial epithets and also referred to them as “crazies,” or “Loony Tunes,” or “trash.” As one detainee put it: “They see us not like human but as animals here.”

Media reports of high-profile deaths capture only a sliver of the human rights violations occurring in detention. None of the patients I interviewed died from the dangerous neglect they experienced, and so their experiences didn’t garner headlines. But their experiences were dangerous — and not uncommon. We need to hold the U.S. government accountable not just for the deaths that occur of immigrants in their custody, but also for the neglect and abuse that can lead to or exacerbate serious health problems.

Altaf Saadi is a neurologist, clinical instructor of medicine, and fellow at the National Clinician Scholars Program at UCLA. She has performed numerous evaluations for the Physicians for Human Rights Asylum Network.

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

I continue to think that the bipartisan Goverment funding bill was not the right place to deal with the “New American Gulag.” But, Democrats should “keep hammering” on this important “below the radar screen” issue. Making an oversight record of the many abuses, false narratives, cover-ups, and lies underlying the Gulag should be a high priority.

What meaningful civil immigration detention reform could look like:

  • A “hard cap” probably in the area of 10,000 to 15,000 detention slots;
  • An end to private detention;
  • Enactment of strict standards governing the conditions of civil immigration detention;
  • A specific requirement for proper health and psychiatric care for those detained;
  • A bar on detention being used for “deterrence” or “punishment;”
  • Change in the law to permit all individuals in civil immigration detention to seek release on bond in U.S. Immigration Court (obviously, the Immigration Judges would retain the discretion to deny bond on the merits where warranted by the facts) with review by an Article III Court;
  • Periodic bond hearings every six months for those in “long-term detention;”
  • A requirement that access to counsel be a primary consideration in establishing immigration detention sites, and that pro bono groups and NGOs be consulted and given an opportunity to comment before any new immigration detention centers are established;
  • An end to the regulatory practice of allowing ICE Counsel to unilaterally block the order of a U.S. Immigration Judge pending appeal of a decision to release on bond (the Immigration Judge and the BIA would retain discretion to grant stays pending appeal, where appropriate, on application by ICE);
  • A statutory presumption in favor of ankle monitoring and other “alternatives to detention,” with physical detention being a disfavored, “last resort:”
  • Accountability for how detention dollars are spent and consequences for those in DHS and DOJ, including political officials, who violate or evade the law, including intentional falsification or misrepresentation of statistics, or who fail to implement the mandated reforms in a timely and reasonable manner.

Remember folks, these aren’t “beds,” or other “pieces of furniture;” these are fellow human beings, most of whose “offenses” consist largely of seeking to exercise their legal rights to fair treatment and Due Process under our laws and our Constitution!

PWS

02-25-19

IEVA JUSIONYTE @ LA TIMES: Border Walls, Fences, & Barriers Are, At Best, Marginal To Real Law Enforcement – But, They Are Absolutely Guaranteed To Cause Fractures, Trauma, & Amputations For Refugees Fleeing Persecution & Other Desperate People Just Looking For A Better Life!

https://www.latimes.com/opinion/op-ed/la-oe-jusionyte-border-emergency-responders-20190217-story.html

Jusionyte writes in the LA Times:

We found her in a ditch a few steps away from the rusted border fence on the east side of Nogales, Ariz., an inch-and-a-half laceration on her swollen forehead. She came from Guerrero, one of the most violent states in Mexico, and could not remember how she landed on the rugged surface after her grip on the top of the barrier failed and she fell.

Six firefighters carried her to the ambulance, which took her to a helicopter bound for the regional trauma center in Tucson. Captain Lopez recorded the incident in the logbook when we returned to the firehouse: “1107 Medic 2, Engine 2: Dead End Freeport — Jumper/Head Injury.” This was two lines below an entry logged earlier that morning, for a teenage boy who had come down with a 102-degree fever while locked in a cell at the Border Patrol station after agents apprehended him in the desert: “0951 Medic 2: 1500 West La Quinta Rd — High Fever.”

Emergency responders are the first on the scene in any life-threatening situation: car accidents, drug overdoses, heart attacks, shootings. In the southern United States, the list of routine trauma scenarios includes border-related injuries.

For more than a year, while I was volunteering as an EMT and paramedic in Arizona, I witnessed ambulances pick up wounded border crossers so frequently that some of my peers were casually referring to the cement ledge abutting the fence as “the ankle alley.”

Such reinforcements don’t contribute to national security. Instead, they erode the foundations of public safety in communities on both sides of the border.

From EMTs to emergency room doctors, medical professionals see firsthand how, as the design of the barrier changes, so do the patterns of injury: While the previous, shorter fence, built in the 1990s and made of sharp corrugated sheet metal, amputated the fingers of those who tried to scale it, the current 20-foot-tall bollard barrier causes orthopedic fractures and multi-system trauma.

Emergency responders also see that, no matter its design, the fence does not deter unauthorized migrants. Even more often than ambulances are dispatched to “the ankle alley,” they are sent to help those choosing the dangerous journey across what the Border Patrol calls “hostile terrain,” where enforcement is outsourced to the extreme environment.

Migrants rescued in the desert are often severely dehydrated and face a life with permanent kidney damage. Lucky ones, nevertheless: In the last two decades, more than 7,000 people have died crossing the increasingly militarized Southwest border region, some of them from head trauma suffered when they fell off the fence in Nogales.

The border fence, now enhanced by spools of concertina wire, is a key component of “tactical infrastructure,” a term Customs and Border Protection uses to refer to the assemblage of materials and technologies that regulate movement in the name of national security. CBP doesn’t have metrics to assess whether fencing contributes to their border enforcement operations, as the Government Accountability Office noted in a report released last year.

The ineffectiveness of current fences has nothing to do with their size or their length. Barriers along the border have doubled in height since the 1990s and now cover nearly 700 miles, or about one-third of the length­ of the U.S. Southwest border. But they have failed to stop unauthorized migrants or illegal drugs.

Still, as we can see from the ongoing debate on border security among lawmakers, there are no plans to abandon this brutal and ineffective enforcement strategy.

The stubborn focus on barriers is shortsighted, and it obscures how the deployment of tactical infrastructure harms and threatens the safety of communities that straddle the international boundary, such as Nogales. The same emergency responders who splint broken legs and give IV fluids to wounded border crossers depend on partnerships with fire departments in Mexico. Wildfires and flash floods, air pollution and toxic spills spread from one country to another without regard for borders. Walls don’t stop them.

Arizona is downhill, downwind and downstream from the Mexican state of Sonora. Towns on both sides have their public utilities and transportation systems intermeshed. In Nogales, Ariz., and Nogales, Sonora — together known as Ambos Nogales — an arroyo and a sewage pipeline cross the border through a drainage tunnel underneath the port of entry, where residents line up for passport control steps away from railcars carrying sulphuric acid. Aware of this intertwining, emergency managers and first responders have developed binational partnerships.

The U.S. Forest Service and Mexico’s National Forestry Commission jointly fight wildfires within 10 miles of the border. Sister cities have mutual aid agreements, which allow them to share resources in cases of emergency on either side. While Americans push fire hoses through the gaps in the fence, supplying their peers in Mexico with water, Mexican volunteers come to the U.S. side to provide manpower in large structure fires and search-and-rescue operations. Such cooperation is more than a century old. It precedes the fence that divides the communities.

Building barriers undermines these achievements and imperils border residents. To speed up the construction of the wall after Sept. 11, 2001, the Department of Homeland Security was authorized to waive more than 30 environmental and other federal laws, including regulations preserving clean air and clean water. Tactical infrastructure, deployed at any human, social or ecological cost, exacerbates the potentially disastrous consequences of natural phenomena.

We saw it happen a decade ago, when the CBP installed a 5-foot concrete barrier inside the drainage tunnel under Nogales. The barrier formed a bottleneck. With heavy rain, water pressure kept rising, until about 1,000 feet of the tunnel collapsed and inundated the city. Mexican authorities declared the area a disaster zone, citing damage to hundreds of homes, while the CBP recovered two bodies, suspecting the drowned were unauthorized migrants. Despite calls for investigations and reparations, the U.S. government’s only concession was an offer to lower the barrier by a foot and a half.

Such reinforcements don’t contribute to national security. Instead, they erode the foundations of public safety in communities on both sides of the border. As U.S. soldiers added more concertina wire to the fence in Nogales earlier this month, an EMT told me he dreads the day he may be called to help someone entangled in its razor-sharp coils.

Ieva Jusionyte is an assistant professor of anthropology and social studies at Harvard University and the author of “Threshold: Emergency Responders on the U.S.-Mexico Border.” She has volunteered as an emergency medical technician, paramedic and firefighter in Florida, Arizona and Massachusetts.

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

On the “real border,” Trump’s lies and White Nationalist nonsense don’t just waste money and create artificial barrier to international cooperation; they actually harm folks on both sides every day. And, they most certainly bring us no closer to the rational solutions needed to manage a shared border and reasonably control and channel human migration.

PWS

02-18-19

 

BESS LEVIN @ VANITY FAIR: KAKISTOCRACY IN ACTION — America Suffers As Trump Bumbles Along With His White Nationalist, Pro-Kremlin Agenda!

https://www.vanityfair.com/news/2019/01/bye-bye-donald-trump-throws-a-fit-after-pelosi-tells-him-no

Bess writes:

Today is the 19th day of the government shutdown. If it drags on much longer, the U.S. is at risk of losing its triple-A rating, which could increase borrowing costs and put a chill on the economy. At present, 800,000 federal employees are either furloughed or being forced to work without pay, including T.S.A. agents and the Secret Service. Farmers are struggling to get the subsidies they were promised to offset the damage done by the president‘s trade war. Financial-fraud investigations have “ground to a halt.” Human shit and garbage have piled up in national parks. Speaking of shit, food inspections by the F.D.A. have been curtailed, including inspections of food considered “high risk,” raising the possibility of E. Coli and salmonella outbreaks. At the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, 1,523 of 3,531 employees “are considered non-essential,” while D.H.S.’s Countering Weapons of Mass Destruction Office is reportedly two-thirds empty.

Understanding that Democrats are unlikely to ever agree to fund a border wall—barring getting something major in exchange, like a DACA deal—did the president decide to cut a deal to get things up and running again? Not exactly! Chuck Schumer told reporters on Wednesday that when Democrats didn’t fork over the hostage money during a meeting at the White House, Trump slammed the table and stormed out of the room, like a tween who’s been told she can’t leave the house in a crop top. Shortly after, Trump confirmed:

For those old enough to remember back to mid-December, Nancy Pelosi’s position has not changed—the only thing that has changed is that the president, who told Pelosi and Schumer on December 11 “I’m not going to blame you for [the shutdown],” is now trying to blame the completely unnecessary closure of the government on Democrats. His lies have shifted as well— after claiming that the unpaid federal employees are “mostly” Democrats, ergo he has no sympathy for them, on Wednesday he insisted the workers facing evictionand permanent loss of wages want the wall as much as he does. “You take a look at social media,” the ex-Miss Universe owner explained, “[And] so many of those people are saying, ‘It’s very hard for me, it’s very hard for my family, but, Mr. President, you’re doing the right thing.’”

Elsewhere in delusions, the G.O.P. continues to believe that Trump will get Democrats to bend to his demands by employing the same negotiating skills and business acumen that led him to acquire the Plaza Hotel for $60 million more than it was thought to be worth, purchase the Eastern Air Lines Shuttle for, again, some $60 million more than high estimates said it should go for, overpay for football players as a team owner in the doomed United States Football League, and put multiple Trump companies into bankruptcy, most memorable among them the “the debt-bloated Trump Taj Mahal.” Instead, this is the level of savvy we’re dealing with:

House Minority Leader Kevin McCarthy said that Trump had brought candy to the meeting in an effort to smooth things over.

Who could have predicted Chuck and Nancy wouldn’t immediately write a check for $5.6 billion after being plied with Baby Ruth bars, M&M’s and Butterfingers? That kind of thing totally worked when he was negotiating a licensing deal for Trump Steaks! People were lining the streets to give him money!

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White House decides letting 38 million people starve during shutdown would’ve been a bad look

To be fair, you could see them going either way on this one:

Trump administration officials said Tuesday that the Agriculture Department will be able to pay out food-stamp benefits for the entire month of February—tamping down fears that the partial government shutdown could have resulted in rationing or halting of benefits. . . . Just a few days ago, White House officials had said funds for the Supplemental Nutrition Assistance Program were likely to run out in February if Congress didn’t act, an outcome that would have led to a sharp cut in benefits for millions of low-income Americans who rely on the program to help them pay for groceries each month. Democrats had seized on the White House’s threat as both sides tried to increase their political leverage as the shutdown, now in its [19th day], entered its third week.

This is obviously good news for the people who depend on the SNAP program, assuming they avoid the food that the F.D.A. won’t be able to inspect thanks to the furlough.

Treasury set to ease sanctions on Putin pal’s companies

Aw, we could never stay mad at you (for reasons Robert Mueller’s forthcoming report may or may not reveal):

Treasury Secretary Steven Mnuchin will brief lawmakers in the House of Representatives on Thursday about his department’s plan to terminate sanctions on three companies linked to Oleg Deripaska, a Russian billionaire with ties to Russian President Vladimir Putin. . . . The meeting follows Treasury’s December 19 notification to Congress that it would end sanctions on Rusal, EN+, and EuroSibEnergy in 30 days. Mnuchin said at the time that the decision was made after the companies “committed to significantly diminish Deripaska’s ownership and sever his control.”

Deripaska, a metals tycoon and close friend and ally of Putin, remains sanctioned, meaning no American may conduct business dealings with him directly or indirectly. He has come under scrutiny in the United States for his ties to the Kremlin as well as to Paul Manafort.

In September, we learned that the Treasury had effectively fallen ass-backwards into sanctioning Deripaska and Rusal last April after Mnuchin got flustered and announced sanctions that the administration never intended to implement.

At least some people are benefitting from Trump’s lies

I.e. the people who put money on just how many falsehoods will spew from his mouth at any given moment:

A gambling site is paying out thousands of dollars to people who correctly bet that President Donald Trump would tell more than 3.5 lies in his Oval Office address on Tuesday. Bookmaker.eu asked people to wager on the president’s truthfulness, offering odds of -145 for more than 3.5 lies and +115 for less than 3.5 lies. That means if a person bet $145 dollars that Trump would lie at least four times, they would win $100.

And some people won big. Odds consultant John Lester told BuzzFeed News the site will lose $276,424, with 92 percent of its bettors correctly wagering that Trump would lie a lot.

Lester said that Bookmaker had, of course, expected that Trump would lie but underestimated just how many “alternative truths” would spring from his mouth given the time constraints of the speech.

Bob Mercer will have to find a new way to dodge gun laws

Last April, we learned that when he wasn’t facilitating Brexit or getting Donald Trump elected, former hedge-fund manager Bob Mercer was spending a week each year in Yuma County, Colorado, in order to qualify as a volunteer sheriff, a status that allowed him to carry a concealed weapon in any state or locality. But according to a new report from Bloomberg, the Long Island billionaire will have to figure out an alternative workaround should he wish to continue packing heat in a covert fashion:

The New York hedge-fund magnate and conservative donor had his status as a volunteer deputy sheriff revoked by Yuma County, Colorado, Sheriff Chad Day on Monday, his last day in office. Day lost his re-election bid last year after Bloomberg News reported on Mercer’s role and his purchase of a new pickup truck for the sheriff’s official use.

The arrangement provoked controversy in the prairie county that borders Kansas and Nebraska. Day submitted papers last week ending the appointments of Mercer, 72, and at least a dozen other volunteer posse members, effective January 7, according to documents signed by Day and filed with the county clerk.

This isn’t the first county to force Mercer to turn in his badge: last year, the mayor of Lake Arthur, New Mexico, announced that he was shutting down the volunteer reserve-officer program and requiring existing reserve officers to turn in their credentials. Hopefully this turn of events simply means that Mercer won’t be able to, for instance, walk into Grand Central Oyster Bar with a gun in his pocket, and not that he’ll put those extra six days in his calendar toward helping get another papaya-colored fascist of his choice elected.

Jeff Bezos has a new lady friend

The Amazon founder is reportedly dating Lauren Sanchez, after announcing on Twitter than he and his wife are divorcing after 25 years of marriage. (Bezos and Sanchez did not respond to requests for comment.) Unsurprisingly, various wealth-trackers have already crunched the numbers—in this case, divided by two—and informed us that MacKenzie Bezos stands to become the richest woman in the world, assuming she and Jeff split their $137.2 billion fortune evenly (which, to be fair, is a fairly big assumption!).

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Read the complete “Levin Report” at the link.  (Or, better yet, sign up to have it delivered directly to your mailbox — I don’t believe that you have to be a Vanity Fair subscriber.)

Placing the government in the hands of a racist incompetent like Trump and his sycophantic stooge Cabinet Members is a prescription for national disaster. But, that doesn’t seem to bother the “Party of Putin.” The GOP seems to have sold us out long ago.

PWS

01-10-19

NY TIMES: David J. Bier @ CATO Tells How Trump is Skirting Congress & The Law To Destroy Legal Immigration & Darken The Future Of America!

https://www.nytimes.com/2018/11/15/opinion/trump-legal-immigrants-reject.html

David J. Bier writes in the NY Times:

At his postelection news conference, President Trump said of immigrants traveling to the United States, “I want them to come into the country, but they need to come in legally.” Yet newly released government data show that so far in 2018, the Trump administration is denying applications submitted to the United States Citizenship and Immigration Services at a rate 37 percent higher than the Obama administration did in 2016.

This makes no sense: Depriving immigrants of legal immigration options works against the president’s stated goal of increasing economic growth.

A new analysis for the Cato Institute has found that the Department of Homeland Security rejected 11.3 percent of requests to the immigration agency, which include those for work permits, travel documents and status applications, based on family reunification, employment and other grounds, in the first nine months of 2018. This is the highest rate of denial on record and means that by the end of the year, the United States government will have rejected around 620,000 people — about 155,000 more than in 2016.

This increase in denials cannot be credited to an overall rise in applications. In fact, the total number of applications so far this year is 2 percent lower than in 2016. It could be that the higher denial rate is also discouraging some people from applying at all.

In 2018, the D.H.S. turned away 10 percent of applicants for employment authorization documents compared with 6 percent in 2016, and it rejected applications for advanced parole — which gives temporary residents the authorization to travel internationally and return — at a clip of 18 percent, more than doubling the rate in 2016. Even skilled workers are being rejected at higher rates. The denial rate for petitions for temporary foreign workers shot to 23 percent from 17 percent. The application for permanent workers saw denials rise to 9 percent from 6 percent.

The largest increase in the denial rate for family-sponsored applications, for petitions for fiancés, rose to 21 percent from 14 percent.

Greg Siskind, a Memphis-based immigration attorney with three decades of experience, told me that these numbers back up the anecdotes that he has been hearing from colleagues across the country. The increase in denials, he said, is “significant enough to make one think that Congress must have passed legislation changing the requirements. But we know they have not.”

So what is going on?

Last year, the Trump administration increased the length of immigration applications by double, triple or even more, making them more time-consuming and complicated than ever. This made mistakes far more likely. This year, it also made it easier to deny applicants outright without giving them an opportunity to submit clarifying information. The agency has also made moves to police caseworkers who may be, in its view, too lenient.

Mr. Trump’s political appointees to the D.H.S. have also seized on his rhetorical attacks on immigrants, as well as executive orders like the “Buy American and Hire American” order and another mandating extensive vetting of foreigners, as a justification for a crackdown on legal immigration.

As a result of all this, total immigration to the United States has declined under President Trump, and fewer foreign travelers have been entering the country. These trends are surprising, because the economies of the United States and almost all other countries are growing, which usually generates more travel and immigration. The best explanation for this discrepancy is that the president’s policies are having their intended effect: reducing legal immigration to this country.

This is happening at a time when there are more job openings than job seekers in the United States. This month, Federal Reserve Chairman Jay Powell stated that fewer immigrants and foreign workers would slow economic growth by limiting the ability of businesses to expand.

On some level, President Trump appears to understand this reality, but his policies are making the situation worse.

David J. Bier is a policy analyst at the Cato Institute.

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The answer is actually pretty simple, David. Trump lies, particularly when he repeats the racist restrictionist disingenuous claim that he “just wants legal immigrants.” I call BS! His pejorative use of the term “chain migration” and his bogus proposals for a fake “merit based” (read “no”) immigration system clearly belies any such claim.

In addition to being a congenital liar and proudly ignorant in an intellectual sense, Trump is a White Nationalist racist who hates all immigrants except, perhaps, his current wife and a few White Christian guys from Europe with PhDs. (Although, he really doesn’t like Europeans, Canadians, or any other type of “foreigner” who isn’t a human rights violating despot, leading to the conclusion that he truly despises human rights of any kind.)

His policies are driven by a toxic combination of intentional ignorance, hatred, White Nationalism, and political opportunism. You don’t have to be a rocket scientist to know that policies driven by such evil and irrational motives are going to produce irrational and highly counterproductive results.

Welcome to the Age of Trump & His GOP, David! Where’ve you been? What have you and your colleagues at CATO been doing to insure that Trump and the GOP are sent packing and replaced with leaders (e.g., Democrats, at least at present) who both understand and are willing to stand up for the national interest?

CATO is supported to a large extent by the Koch Bros. While I actually agree with some of their ideas, respect that they actually employ folks producing useful goods and apparently treat them reasonably well, and I occasionally attend CATO seminars, the “Bros” generally have been supporters and enablers of Trump, Pence, and the current GOP kakistocracy.

They helped prop up the truly reprehensible Scott Walker who wasted money, divided Wisconsin, demeaned education, tanked the infrastructure, screwed the environment, and diminished the state in almost every way. It turned what had been a fairly progressive, “midwest friendly,” and cooperative state into a leader in the “race to the bottom.” And, their support for the ugly and unprincipled opposition to Senator Tammy Baldwin was beyond despicable!

I think you and your CATO colleagues largely see where history is going. But, until you get out there and actively work for the Constitutional removal of Trump (and his toady Mike Pence), the defeat of the “Trump GOP,” and the return of “government for all the people” you will remain on the “wrong side of history.” Your dream of an economically prosperous and powerful America continuing to lead the world into the future will be just that — a dream that will never be fulfilled as long as racism and White Nationalism overrule reason!

America needs a two party system (or more). And, I believe there’s plenty of room and a need for a fiscally conservative, pro business, labor friendly, non-racist, non-White-Nationalist, non-homophobic party that challenges the idea that we can solve all problems by just throwing money at them. Not saying I’d join it, but I can see the need for it. But, the current GOP is nothing of the sort — talk about disingenuous rhetoric and total fiscal irresponsibility!

PWS

11-16-18

 

BIA’S LATEST ON CAT DETACHED FROM REALITY – MATTER OF J-R-G-P, 27 I &N DEC. 482 (BIA 2018)

3944_ed

Matter of J-R-G-P-, 27 I & N Dec. 482 (BIA 2018)

BIA HEADNOTE:

Where the evidence regarding an application for protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature Dec. 10, 1984, G.A. Res. 39/46, 39 U.N. GAOR Supp. No. 51, at 197, U.N. Doc. A/RES/39/708 (1984) (entered into force June 26, 1987; for the United States Apr. 18, 1988), plausibly establishes that abusive or squalid conditions

n pretrial detention facilities, prisons, or mental health institutions in the country of removal are the result of neglect, a lack of resources, or insufficient training and education, rather than a specific intent to cause severe pain and suffering, an Immigration Judge’s finding that the applicant did not establish a sufficient likelihood that he or she will experience “torture” in these settings is not clearly erroneous.

PANEL: APPELLATE IMMIGRATION JUDGES GREER and WENDTLAND; CROSSETT, TEMPORARY APPELLATE IMMIGRATION JUDGE

OPINION BY: JUDGE ANNE GREER

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BIA’S LATEST ON CAT DETACHED FROM REALITY – MATTER OF J-R-G-P, 27 I &N DEC. 482 (BIA 2018)

      • No dialogue, no dissent, on today’s BIA. And, yes, the reviewing courts have largely deferred to the BIA’s interpretation of “specific intent.” 
      • But, there are other plausible constructions that actually are more consistent with the purpose of the CAT to prevent the use of torture. In her dissenting opinion in Matter of J-E-, 23 I &N Dec. 291 (BIA 2002) my former colleague Judge Lory Diana Rosenberg set forth a “better view” (note, I also filed a vigorous separate dissenting opinion in J-E-):
        • “The majority’s reading of the regulations functionally converts the Senate understanding that torture must be specifically intended into a “specific intent” requirement. I disagree. I can find no basis to conclude that the Senate understanding was intended to require proof of an intent to accomplish a precise criminal act, as the majority contends is required. See Matter of J-E-, supra, at 301 (defining “specific intent”). Rather, the plain language of the text of 8 C.F.R. § 208.18(a)(5) reflects only that something more than an accidental consequence is necessary to establish the probability of torture. Id. (stating plainly that unanticipated or unintended pain and suffering that is severe enough to constitute torture is not covered). Moreover, 8 C.F.R. § 208.18(a)(4) states that a threat of infliction of severe physical pain or suffering may amount to torture.”
      • The J-R-G-P- opinion basically analogizes the intentionally pathetic efforts of the Mexican Government to deal with mental illness with the efforts of “poor countries like Haiti” at issue in Matter of J-E. 
        • But, Mexico is actually the 14th largest economy in the world (11th by consumer buying power); Haiti rates 141st. It appears Mexico in fact has more than adequate resources to deal with mental illness; it has just intentionally chosen not to do so, even knowing the severe harm constituting torture that choice intentionally inflicts on individuals.
      • The opinion also minimizes the evidence of the intentionally torturous conditions that exist in the Mexican institutional mental health system.
        • From the 2017 State Department Country Report on Mexico: Among the numerous human rights abuses: “lethal violence and sexual assault against institutionalized persons with disabilities;”
        • Here’s how the same Country Report addresses the specifically horrible treatment of institutionalized individuals with disabilities: “Abuses in mental health institutions and care facilities, including those for children, were a problem. Abuses of persons with disabilities included lack of access to justice, the use of physical and chemical restraints, physical and sexual abuse, trafficking, forced labor, disappearances, and illegal adoption of institutionalized children. Institutionalized persons with disabilities often lacked adequate medical care and rehabilitation, privacy, and clothing and often ate, slept, and bathed in unhygienic conditions. They were vulnerable to abuse from staff members, other patients, or guests at facilities where there was inadequate supervision. Documentation supporting the person’s identity and origin was lacking, and there were instances of disappearances.
        • As of August 25, the NGO Disability Rights International (DRI) reported that most residents had been moved to other institutions from the privately run institution Casa Esperanza, where they were allegedly victims of pervasive sexual abuse by staff and, in some cases, human trafficking. Two of the victims died within the first six months after transfer to other facilities, and the third was sexually abused. DRI stated the victim was raped repeatedly during a period of seven months at the Fundacion PARLAS I.A.P. and that another woman was physically abused at an institution in another state to which she was transferred.
      • Here’s the “real skinny” on how Mexico intentionally scrimps on budget and tortures those institutionalized for mental health disabilities: “THE NIGHTMARE THAT IS MEXICO’S MENTAL HEALTH SYSTEM byAriel Jacoby from Medelita (https://www.medelita.com) | Thursday, Jan 21, 2016 tags: features (https://www.medelita.com/blog/category/features)health-feat-img.jpg&url=https://www.medelita.com/blog/the-nightmare-that-is-mexicos-mental– system/)
        • Though there are an estimated 10 million people with mental, visual, hearing or motor disabilities living in Mexico, the country’s mental health system is so dysfunctional that the unlucky patients under its care are colloquially referred to as “abandanodos (http://abcnews.go.com/Health/mexican-psychiatric-institution-hell/story?id=12267276)” – abandoned ones.
        • It’s an accurate description for these lost souls. A 93-page report from Disability Rights International (http://s3.amazonaws.com/nytdocs/docs/526/526.pdf) revealed the horrific living conditions at Mexican mental health facilities, which are a breeding ground for human rights violations and abuse of the handicapped patients that these institutions are meant to help. Many patients never received a clinical diagnosis of their condition and don’t have families to give them private care – these patients remain locked inside the hospitals indefinitely and become completely anonymous to the world.
        • Patients rock back and forth in urine soaked clothes or walk about soiled, feces-smeared floors without shoes. Bedsheets are an uncommon luxury; hygiene is an abstract concept in a Mexican mental hospital where some “patients and their caretakers could not fully explain how or why they were institutionalized” (New York Times (http://www.nytimes.com/2010/12/01/world/americas/01mexico.html)). Without proper oversight and the absence of any sort of registry system, it is not uncommon for mentally ill children to literally disappear from Mexican mental health facilities with no record of their name, age, or families.
        • In this dismal hole of human despair, atrocities are ubiquitous and plentiful (http://www.ipsnews.net/2011/01/appalling-conditions-in-mexicos-mental-health-institutions/). Many of the patients in these institutions have been detained against their will for years and will likely languish inside the walls of these torture chambers until their death. Psychotropic drugs are excessively relied upon to treat patients and the more aggressive patients who don’t respond to medication can be subject to forced lobotomies, which need only the approval of the facility director. Eric Rosenthal, the director of Disability Rights International, found that 1/4 of the mental health facilities were keeping patients in restraints for extended periods of time – an act that violates Article 1 of the United Nations convention against torture.

 

          • The concept of human rights has no real meaning or significance in these unregulated, inhumane environments. The investigation conducted by DRI revealed the severity and frequency of human rights violations within the walls of such state-run facilities. In one institution, a terrified blind patient admitted to being raped by one of the staff members – a claim that was quickly dismissed  by Mexican officials. 
          • In another facility, investigators discovered two young women who had been institutionalized at a young age, grew up in the hospital, and had been working as unpaid laborers for years. There exists no record of how or why these women were institutionalized and Mexican law requires no legal review to detain them indefinitely as modern-day slave laborers.
          • The director of Samuel Ramirez Hospital, one of the 31 state-run mental health facilities in Mexico, calls his own hospital “hell” and has voiced his belief that the mental health of every patient at his facility have been made worse by their institutionalization. He blames the lack of proper funding and a deficiency of properly trained personnel – at a different mental institution nearby, there are only two psychologists and one doctor to treat the 365 patients who have been institutionalized there.
          • The sad state of Mexico’s mental health system can be traced back to its government’s complex and deep-rooted political issues. Mexico’s budget for mental health makes up about 2.5% of its overall health spending. This is an improvement from the paltry 1.6% allocated to mental health a decade ago, but still significantly lower than the WHO’s recommendation of 10%. Without a significant electorate of mental health advocates, mental health lacks any real political sway in Mexico. Back in 2006, Mexico was among 96 countries who ratified the United Nations Convention on the Rights of Persons with Disabilities (http://www.un.org/disabilities/default.asp? navid=13&pid=150). But it is clear that not much has changed within the system itself.

Bottom line: The BIA is using “legalese” to “normalize” sending an ill individual back to probable intentional torture in a “dismal hole of human despair.” After all, if being intentionally thrown in this kind of “torture chamber” by a country that has intentionally chosen to ignore, or in many cases aggravate, extreme human rights abuses, then who indeed could actually win protection under CAT? The message is clear — nobody! Use this case to deny ‘em all! Meet those quotas! Keep the assembly line moving!

Political officials of all Administrations have never been enthusiastic about complying with our international obligations under the CAT. Several Attorneys General, BIA Appellate Immigration Judges, and some Immigration Judges have found lots of creative ways to narrow the scope of protection, raise the standards of proof to near impossible levels, and to intentionally misconstrue country conditions against CAT applicants.

Undoubtedly, that gratifies and satisfies the desires of their political masters and handlers. Not surprisingly it comes as the Administration is denying access to asylum seekers and sending them into the CAT “reasonable fear” process.

What it doesn’t do is honestly live up to our solemn and binding international and human rights agreements, nor does it comply with Constitutional concepts of fundamental fairness and Due Process.

We need an independent U.S. Immigration Court System populated by Judges from diverse backgrounds with expertise in immigration and human rights laws, human empathy, and the courage and integrity to stand up for the full legal and human rights of the most vulnerable and endangered individuals in our legal system. Even when it could be “career threatening!”

PWS

11-16-18

 

PBS: ADMINISTRATION WARNED OF LASTING DAMAGE CAUSED BY SEPARATION — PROCEEDED ANYWAY

https://www.pbs.org/newshour/politics/trump-administration-was-warned-of-traumatic-psychological-injury-from-family-separations-official-says

Joshua Barajas reports for PBS:

A top health official told lawmakers Tuesday that the Trump administration was warned about instituting “any policy” resulting in family separations because of the effects such separations could have on the wellbeing of immigrant children.

The official’s response came after Sen. Richard Blumenthal (D-Conn.) asked every federal immigration official at Tuesday’s hearing over family separations to answer a particular question: “Did anyone on this panel say, maybe [separating families] wasn’t such a good idea?”

After a pause, Blumenthal directed his question first to Commander Jonathan White of the U.S. Public Health Service Commissioned Corps, who said he and the Office of Refugee Resettlement raised a number of concerns in the previous year about “any policy which would result in family separation due to concerns we had about the best interest of the child as well about whether that would be operationally supportable with the bed capacity we had.”

The Democratic senator asked the commander to further explain his response in layman’s terms, asking if he told the administration that children would “suffer” as a result of its “zero tolerance” policy.

“Separation of children from their parents entails significant harm to children,” White said in response. “There’s no question that separation of children from parents entails significant potential for traumatic psychological injury to the child,” he added, shortly after.

READ MORE: How the toxic stress of family separation can harm a child

White also said that the administration’s response was that family separation was not a policy. As stated before, there is no current law that mandates the separation of migrant children from their parents at the U.S. border.

The Trump administration implemented its “zero-tolerance” policy this spring. President Donald Trump signed an executive order in June to halt the separations.

In recent weeks, lawsuits filed against the separation policy have produced testimonies from lawyers and the separated families they represent, alleging that the government’s actions resulted in trauma to their children.

In one personal declaration presented earlier this month in court, one mother said her son “is not the same since we were reunited.”

“I thought that, because he is so young he would not be traumatized by this experience, but he does not separate from me. He cries when he does not see me,” Olivia Caceres said of her 1-year-old son. “That behavior is not normal. In El Salvador he would stay with his dad or my sister and not cry. Now he cries for fear of being alone,” she wrote.

Here are several other key moments from Tuesday’s hearing in front of the Senate Judiciary Committee.

. . . .

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Read the entire article at the link.

The lack of accountability and acceptance of responsibility by the Administration is astounding, as was Sen. Cornyn’s tone deaf comment. The reason why other laws aren’t being enforced is because of the cruel, wasteful, unconstitutional “zero tolerance” policy instituted by Sessions. Stop blaming the victims, Senator!

And why isn’t Sessions being held accountable for the mess he “masterminded?”

PWS

08-01-18

 

 

 

FEDERAL JUDGE HAS SEEN ENOUGH OF THE ABUSE OF CHILDREN IN SESSIONS’S “NEW AMERICAN GULAG” – WILL APPOINT “INDEPENDENT AUDITOR” TO OVERSEE TREATMENT OF KIDS IN THREE FACILITIES!

http://www.latimes.com/local/lanow/la-me-flores-ruling-20180727-story.html

Andrea Castillo reports for the LA Times:

A federal judge in Los Angeles will appoint an independent auditor to oversee the treatment of children in immigrant detention facilities.

The Friday ruling came a day after the court-imposed deadline for the Trump administration to reunite families separated at the border under its zero-tolerance policy. As of Friday, hundreds of children remained isolated from their parents.

A monitor is expected to be appointed within a few weeks.

Peter Schey, lead counsel and director of the Los Angeles-based Center for Human Rights and Constitutional Law, said the monitor will oversee all three family detention centers run by Immigration and Customs Enforcement — two in Texas and one in Pennsylvania — as well as Border Patrol facilities in the Rio Grande sector along the Texas border.

Schey’s group filed a motion seeking an independent monitor for the Rio Grande sector after lawyers observed inhumane conditions there. He said his team will discuss in the coming weeks whether to file another motion asking that the monitor also oversee all other Border Patrol facilities along the border.

The group filed a scathing report last week including testimony from more than 200 parents and children held in California, Texas and other states who described cramped cells without enough bedding to sleep, cold or frozen food and a lack of basic hygiene products.

A Mexican woman said her daughter had wet herself on their first night because there were so many people sleeping in the room that she couldn’t get to the toilet. A Guatemalan boy told attorneys that he had no soap, towels or a toothbrush.

“These are problems that appear to be pervasive,” Schey said Friday. “We’re hoping that that has a salutary effect on Border Patrol operations throughout the southern border. Hopefully they won’t wait until we bring a new motion to expand the special monitor before they will learn from this and correct their ways.”

The interviews were done through a 1997 court settlement called the Flores agreement that governs how long migrant children may be held in custody and under what conditions. The settlement allows attorneys to periodically inspect detention facilities that children are held in.

This month, U.S. District Judge Dolly Gee rejected the federal government’s request to renegotiate the terms of the Flores agreement to hold children for longer than 20 days.

She ruled in 2015 that the government had breached the agreement by allowing rooms that were cold and overcrowded as well as inadequate nutrition and hygiene.

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Great idea!

It’s also time for some Federal Judge (or Judges) to appoint an “Independent Auditor” or “Special Master” to run the U.S. Immigration Court system in accordance with the laws and our Constituton until Congress establishes a new independent system.

PWS

07-28-18