"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Rae Ann Varona Legal Reporter Law360 PHOTO: Linkedin
Dan Kowalski over at LexisNexis Immigration Community helpfully forwarded the pdf’s of Rae Ann’s article and the three briefs. You can access them here:
Our Round Table, with the help of some of the greatest litigators and law firms out there, continues to provide key support for the NDPA and timely expertise to the Federal Courts and father Executive on all levels!
“God loves the greedy and selfish, for they shall inherit the earth, the sun, the planets, and the entire universe.”
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WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING!
Folks, as we take a few minutes today to remember Dr. King, his vision for a better America, and his inspiring “I Have A Dream Speech,” we have to face the fact that everything Dr. King stood for is under a vicious and concerted attack, the likes of which we haven’t seen in America for approximately 50 years, by individuals elected to govern by a minority of voters in our country.
So, today, I’m offering you a “potpourri” of how and why Dr.King’s Dream has “gone south,” so to speak, and how those of us who care about social justice and due process in America can nevertheless resurrect it and move forward together for a greater and more tolerant American that celebrates the talents, contributions, and humanity of all who live here!.
On Martin Luther King’s birthday, a look back at some disquieting events in race relations in 2017.
Nearly 50 years ago, the Rev. Martin Luther King Jr. went to the mountaintop and looked out over the promised land. In a powerful and prophetic speech on April 3, 1968, he told a crowd at the Mason Temple in Memphis that while there would certainly be difficult days ahead, he had no doubt that the struggle for racial justice would be successful.
“I may not get there with you,” he said. “But I want you to know tonight, that we, as a people, will get to the promised land. And so I am happy tonight. I’m not worried about anything.”
The following day, he was assassinated.
The intervening years have been full of steps forward and steps backward, of extraordinary changes as well as awful reminders of what has not changed. What would King have made of our first black president? What would he have thought had he seen neo-Nazis marching through the streets of Charlottesville, Va., so many years after his death? How would he have viewed the shooting by police of unarmed black men in cities around the country — or the rise of the Black Lives Matter movement? He would surely have heard the assertions that we have become a “post-racial” society because we elected (and reelected) Barack Obama. But would he have believed it?
This past year was not terribly heartening on the civil rights front. It was appalling enough that racist white nationalists marched in Charlottesville in August. But it was even more shocking that President Trump seemed incapable of making the most basic moral judgment about that march; instead, he said that there were some “very fine people” at the rally of neo-Nazis and white supremacists.
Racial injustices that bedeviled the country in King’s day — voter suppression, segregated schools, hate crimes — have not gone away. A report released last week by the U.S. Commission on Civil Rights on inequities in the funding of public schools concludes — and this should surprise no one — that students of color living in poor, segregated neighborhoods are often relegated to low-quality schools simply due to where they live. States continued in 2017 to pass laws that make it harder, rather than easier, for people of color to vote.
The Trump administration also seems determined to undo two decades of Justice Department civil rights work, cutting back on investigations into the excessive use of force and racial bias by police departments. Atty. Gen. Jeff Sessions in March ordered a review of all existing federal consent decrees with local police departments with the possibility of dismantling them — a move that could set back police reform by many years.
Here in Los Angeles County, this statistic is telling: 40% of the estimated 57,000 homeless people — the most desperate and destitute residents of the county — are black. Yet black residents make up only 9% of the L.A. County population.
But despite bad news on several fronts, what have been heartening over the last year are the objections raised by so many people across the country.
Consider the statues of Confederate generals and slave owners that were brought down across the country. Schools and other institutions rebranded buildings that were formerly named after racists.
The Black Lives Matter movement has grown from a small street and cyber-protest group into a more potent civil rights organization focusing on changing institutions that have traditionally marginalized black people.
When football quarterback Colin Kaepernick took a knee during the national anthem to protest, as he said, a country that oppresses black people, he was denounced by many (including Trump) but emulated by others. Kaepernick has been effectively banished from professional football but he started a movement.
Roy Moore was defeated for a Senate seat in Alabama by a surge of black voters, particularly black women. (But no sooner did he lose than Joe Arpaio — the disgraced, vehemently anti-immigrant former Arizona sheriff — announced that he is running for Senate there.)
So on what would have been King’s 89th birthday, it is clear that the United States is not yet the promised land he envisioned in the last great speech of his life. But we agree with him that it’s still possible to get there.”
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See this short HuffPost video on “Why MLK’s Message Still Matters Today!”
Read about how the Arizona GOP has resurrected, and in some instances actually welcomed, “Racist Joe” Arpaio, an unapologetic anti-Hispanic bigot and convicted scofflaw. “Racist Joe” was pardoned by Trump and is now running for the GOP nomination to replace retiring Arizona GOP Senator Jeff Flake, who often has been a critic of Trump. One thing “Racist Joe’s” candidacy is doing is energizing the Latino community that successfully fought to remove him from the office of Sheriff and to have him brought to justice for his racist policies.
Spared from the threat of deportation by the Obama-era Deferred Action for Childhood Arrivals program, she campaigned to oust Joe Arpaio when he unsuccessfully ran for reelection as Maricopa County sheriff in 2016. She knocked on hundreds of doors in south Phoenix’s predominantly Latino neighborhoods to register voters. She made phone calls, walked on college campuses. Her message was direct, like the name of the group she worked with, Bazta Arpaio, a take on the Spanish word basta — enough Arpaio.
But now, the 85-year-old former sheriff is back and running for Senate. Sanchez, who had planned to step away from politics to focus on her studies at Grand Canyon University, is back as well, organizing once more.
“If he thinks he can come back and terrorize the entire state like he did Maricopa County, it’s not going to happen,” Sanchez, 20, said. “I’m not going to let it happen.”
Arpaio enters a crowded Republican primary and may not emerge as the party’s nominee, but his bid has already galvanized Arizona’s Latino electorate — one of the country’s largest and fastest-growing voter blocs.
Organizers like Sanchez, who thought they might sit out the midterm elections, rushed back into offices and started making calls. Social media groups that had gone dormant have resurrected with posts reminding voters that Arpaio was criminally convicted of violating a federal court order to stop racially profiling Latinos.
“We’ve been hearing, ‘Is it true Arpaio is back? OK, what can we do to help?’” said Montserrat Arredondo, director of One Arizona, a Phoenix nonprofit group focused on increasing Latino voter turnout. “People were living in terror when Arpaio was in office. They haven’t forgotten.”
In 2008, 796,000 Latinos were eligible to vote in the state, according to One Arizona. By 2016, that potential voting pool jumped to 1.1 million. (California tops the nation with the most Latinos eligible to vote, almost 6.9 million.)
In 2016, Latinos accounted for almost 20% of all registered voters in Arizona. Latinos make up about 30% of Arizona’s population.
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Last year, President Trump pardoned Arpaio of a criminal conviction for violating a federal court order to stop racially profiling Latinos. When announcing his candidacy Tuesday, Arpaio pledged his full support to the president and his policies.
On Saturday, Arpaio made his first public appearance since announcing his candidacy, attending a gathering of Maricopa County Republicans. He was unmoved when asked about the enthusiasm his candidacy has created among Latinos.
“Many of them hate me for enforcing the law,” he said. “I can’t change that. … All I know is that I have my supporters, they’re going to support who they want. I’m in this to win it though.”
Arpaio, gripping about a dozen red cardboard signs that read “We need Sheriff Joe Arpaio in DC,” walked through the crowd where he mingled with, among others, former state Sen. Kelli Ward and U.S. Rep. Martha McSally, who also are seeking the GOP Senate nomination. Overall, Arpaio was widely met with enthusiasm from attendees.
“So glad you’re back,” said a man wearing a “Vietnam Veteran” hat.
“It’s great to be back,” Arpaio replied.
Arpaio, who handed out business cards touting his once self-proclaimed status as “America’s toughest sheriff,” said he had no regrets from his more than two decades in office.
“Not a single one,” he said. “I spoke my mind and did what needed to be done and would do it the same in a minute.”
In an interview, Arpaio, who still insists he has “evidence” that former President Obama’s birth certificate is forged, a rumor repeatedly shown to be false, did not lay out specific policy platforms, only insisting he’ll get things done in Washington.
During his tenure as sheriff, repeated court rulings against his office for civil rights violations cost local taxpayers tens of millions of dollars.”
Read the complete story at the link.
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Professor George Yancy of Emory University writing in the NY Times asks “Will America Choose King’s Dream Or Trump’s Nightmare?”
“Let’s come clean: President Trump is a white racist! Over the past few days, many have written, spoken and shouted this fact, but it needs repeating: President Trump is a white racist! Why repeat it? Because many have been under the grand illusion that America is a “post-racial” nation, a beautiful melting pot where racism is only sporadic, infrequent and expressed by those on the margins of an otherwise mainstream and “decent” America. That’s a lie; a blatant one at that. We must face a very horrible truth. And America is so cowardly when it comes to facing awful truths about itself.
So, as we celebrate the Rev. Dr. Martin Luther King Jr.’s birthday, we must face the fact that we are at a moral crossroad. Will America courageously live out Dr. King’s dream or will it go down the road of bigotry and racist vitriol, preferring to live out Mr. Trump’s nightmare instead? In his autobiography, reflecting on the nonviolent uprising of the people of India, Dr. King wrote, “The way of acquiesce leads to moral and spiritual suicide.” Those of us who defiantly desire to live, and to live out Dr. King’s dream, to make it a reality, must not acquiesce now, precisely when his direst prophetic warning faces us head on.
On the night before he was murdered by a white man on the balcony of his room at the Lorraine Motel in Memphis, Tenn., Dr. King wrote: “America is going to hell if we don’t use her vast resources to end poverty and make it possible for all of God’s children to have the basic necessities of life.” Our current president, full of hatred and contempt for those children, is the terrifying embodiment of this prophecy.
We desperately need each other at this moment of moral crisis and malicious racist divisiveness. Will we raise our collective voices against Mr. Trump’s white racism and those who make excuses for it or submit and thereby self-destructively kill any chance of fully becoming our better selves? Dr. King also warned us that “there comes a time when silence is betrayal.” To honor Dr. King, we must not remain silent, we must not betray his legacy.
So many Americans suffer from the obsessive need to claim “innocence,” that is, to lie to ourselves. Yet such a lie is part of our moral undoing. While many will deny, continue to lie and claim our national “innocence,” I come bearing deeply troubling, but not surprising, news: White racism is now comfortably located within the Oval Office, right there at 1600 Pennsylvania Avenue, embodied in our 45th president, one who is, and I think many would agree, must agree, without any hesitation, a white racist. There are many who will resist this characterization, but Mr. Trump has desecrated the symbolic aspirations of America, exhumed forms of white supremacist discourse that so many would assume is spewed only by Ku Klux Klan.”
Read the rest of Professor Yancy’s op-ed at the link.
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From lead columnist David Leonhardt and Ian Prasad Philbrick at the NY Times we get “Donald Trump’s Racism: The Definitive List.”
Donald Trump has been obsessed with race for the entire time he has been a public figure. He had a history of making racist comments as a New York real-estate developer in the 1970s and ‘80s. More recently, his political rise was built on promulgating the lie that the nation’s first black president was born in Kenya. He then launched his campaign with a speech describing Mexicans as rapists.
The media often falls back on euphemisms when describing Trump’s comments about race: racially loaded, racially charged, racially tinged, racially sensitive. And Trump himself has claimed that he is “the least racist person.” But here’s the truth: Donald Trump is a racist. He talks about and treats people differently based on their race. He has done so for years, and he is still doing so.
Here, we have attempted to compile a definitive list of his racist comments – or at least the publicly known ones.
The New York Years
Trump’s real-estate company tried to avoid renting apartments to African-Americans in the 1970s and gave preferential treatment to whites, according to the federal government.
Trump treated black employees at his casinos differently from whites, according to multiple sources. A former hotel executive said Trump criticized a black accountant: “Black guys counting my money! I hate it. … I think that the guy is lazy. And it’s probably not his fault, because laziness is a trait in blacks.”
In 1989, Trump took out ads in New York newspapers urging the death penalty for five black and Latino teenagers accused of raping a white woman in Central Park; he argued they were guilty as late as October 2016, more than 10 years after DNA evidence had exonerated them.
In 1989, on NBC, Trump said: “I think sometimes a black may think they don’t have an advantage or this and that. I’ve said on one occasion, even about myself, if I were starting off today, I would love to be a well-educated black, because I really believe they do have an actual advantage.”
He uses the gang MS-13 to disparage all immigrants. Among many other statements, he has suggested that Obama’s protection of the Dreamers — otherwise law-abiding immigrants who were brought to the United States illegally as children — contributed to the spread of MS-13.
In December 2015, Trump called for a “a total and complete shutdown of Muslims entering the United States,” including refusing to readmit Muslim-American citizens who were outside of the country at the time.
In June 2017, Trump said 15,000 recent immigrants from Haiti “all have AIDS” and that 40,000 Nigerians, once seeing the United States, would never “go back to their huts” in Africa.
At the White House on Jan. 11, Trump vulgarly called forless immigration from Haiti and Africa and more from Norway.”
The disgusting list goes on and on. Go to the link to get it all!
“I find nothing more useless than debating the existence of racism, particularly when you are surrounded by evidence of its existence. It feels to me like a way to keep you fighting against the water until you drown.
The debates themselves, I believe, render a simple concept impossibly complex, making the very meaning of “racism” frustratingly murky.
So, let’s strip that away here. Let’s be honest and forthright.
Racism is simply the belief that race is an inherent and determining factor in a person’s or a people’s character and capabilities, rendering some inferior and others superior. These beliefs are racial prejudices.
The history of America is one in which white people used racism and white supremacy to develop a racial caste system that advantaged them and disadvantaged others.
Understanding this, it is not a stretch to understand that Donald Trump’s words and deeds over the course of his life have demonstrated a pattern of expressing racial prejudices that demean people who are black and brown and that play to the racial hostilities of other white people.
It is not a stretch to say that Trump is racist. It’s not a stretch to say that he is a white supremacist. It’s not a stretch to say that Trump is a bigot.
Those are just facts, supported by the proof of the words that keep coming directly from him. And, when he is called out for his racism, his response is never to ameliorate his rhetoric, but to double down on it.
I know of no point during his entire life where he has apologized for, repented of, or sought absolution for any of his racist actions or comments.
Instead, he either denies, deflects or amps up the attack.
Trump is a racist. We can put that baby to bed.
“Racism” and “racist” are simply words that have definitions, and Trump comfortably and unambiguously meets those definitions.
We have unfortunately moved away from the simple definition of racism, to the point where the only people to whom the appellation can be safely applied are the vocal, violent racial archetypes.
Racism doesn’t require hatred, constant expression, or even conscious awareness. We want racism to be fringe rather than foundational. But, wishing isn’t an effective method of eradication.
We have to face this thing, stare it down and fight it back.
The simple acknowledgment that Trump is a racist is the easy part. The harder, more substantive part is this: What are we going to do about it?
First and foremost, although Trump is not the first president to be a racist, we must make him the last. If by some miracle he should serve out his first term, he mustn’t be allowed a second. Voters of good conscience must swarm the polls in 2020.
But before that, those voters must do so later this year, to rid the House and the Senate of as many of Trump’s defenders, apologists and accomplices as possible. Should the time come where impeachment is inevitable, there must be enough votes in the House and Senate to ensure it.
We have to stop thinking that we can somehow separate what racists believe from how they will behave. We must stop believing that any of Trump’s actions are clear of the venom coursing through his convictions. Everything he does is an articulation of who he is and what he believes. Therefore, all policies he supports, positions he takes and appointments he makes are suspect.
And finally, we have to stop giving a pass to the people — whether elected official or average voter — who support and defend his racism. If you defend racism you are part of the racism. It doesn’t matter how much you say that you’re an egalitarian, how much you say that you are race blind, how much you say that you are only interested in people’s policies and not their racist polemics.
As the brilliant James Baldwin once put it: “I can’t believe what you say, because I see what you do.” When I see that in poll after poll a portion of Trump’s base continues to support his behavior, including on race, I can only conclude that there is no real daylight between Trump and his base. They are part of his racism.
When I see the extraordinary hypocrisy of elected officials who either remain silent in the wake of Trump’s continued racist outbursts or who obliquely condemn him, only to in short order return to defending and praising him and supporting his agenda, I see that there is no real daylight between Trump and them either. They too are part of his racism.
When you see it this way, you understand the enormity and the profundity of what we are facing. There were enough Americans who were willing to accept Trump’s racism to elect him. There are enough people in Washington willing to accept Trump’s racism to defend him. Not only is Trump racist, the entire architecture of his support is suffused with that racism. Racism is a fundamental component of the Trump presidency.
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Back over at the Washington Post, op-ed writer E.J. Dionne, Jr., tells us the depressing news that “We could be a much better country. Trump makes it impossible.”
Dionne concludes his piece with the following observations about our current “Dreamer” debate:
“Our current debate is frustrating, and not only because Trump doesn’t understand what “mutual toleration” and “forbearance” even mean. By persistently making himself, his personality, his needs, his prejudices and his stability the central topics of our political conversation, Trump is blocking the public conversation we ought to be having about how to move forward.
And while Trump’s enablers in the Republican Party will do all they can to avoid the issue, there should now be no doubt (even if this was clear long ago) that we have a blatant racist as our president. His reference to immigrants from “sh–hole countries” and his expressed preference for Norwegians over Haitians, Salvadorans and new arrivals from Africa make this abundantly clear. Racist leaders do not help us reach mutual toleration. His semi-denial 15 hours after his comment was first reported lacked credibility, especially because he called around first to see how his original words would play with his base.
But notice also what Trump’s outburst did to our capacity to govern ourselves and make progress. Democrats and Republicans sympathetic to the plight of the “dreamers” worked out an immigration compromise designed carefully to give Trump what he had said he needed.
There were many concessions by Democrats on border security, “chain migration” based on family reunification, and the diversity visa lottery that Trump had criticized. GOP senators such as Lindsey O. Graham (S.C.) and Jeff Flake (Ariz.) bargained in good faith and were given ample reason by Trump to think they had hit his sweet spot.
Trump blew them away with a torrent of bigotry. In the process, he shifted the onus for avoiding a government shutdown squarely on his own shoulders and those of Republican leaders who were shamefully slow in condemning the president’s racism.
There are so many issues both more important and more interesting than the psyche of a deeply damaged man. We are capable of being a far better nation. But we need leaders who call us to our obligations to each other as free citizens. Instead, we have a president who knows only how to foster division and hatred.”
Read the rest of the op-ed at the link.
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Our “Liar-in-Chief:” This short video from CNN, featuring the Washington Post’s “Chief Fact Checker” Glenn Kessler deals with the amazing 2000+ false or misleading claims that Trump has made even before the first anniversary of his Presidency: “Trump averages 5-6 false claims a day.”
Also on video, even immigration restrictionists sometimes wax eloquent about the exceptional generosity of U.S. immigration and refugee laws (even as they engage in an unending battle to undermine that claimed generosity). But, the reality, as set forth in this short HuffPost video is that on a regular basis our Government knowingly and intentionally returns individuals, mostly Hispanics, to countries where they are likely to be harmed or killed because we are unable to fit them within often hyper-technical and overly restrictive readings of various protection laws or because we are unwilling to exercise humanitarian discretion to save them..
I know first-hand because in my former position as a U.S. Immigration Judge, I sometimes had to tell individuals (and their families) in person that I had to order them returned to a country where I had concluded that they would likely be severely harmed or killed because I could not fit them into any of the categories of protection available under U.S. law. I daresay that very few of the restrictionists who glory in the idea of even harsher and more restrictive immigration laws have had this experience.
And clearly, Donald Trump, Jeff Sessions, Steven Miller, Bob Goodlatte and others in the GOP would like to increase the number of humans we return to harm or death by stripping defenseless juveniles and other vulnerable asylum seekers of some of the limited rights they now possess in the false name of “border security.” Indeed, Sessions even invented a false narrative of a fraud-ridden, “attorney-gamed” (how do folks who often don’t even have a chance to get an attorney use attorneys to “game” the system?) asylum system in an attempt to justify his totally indefensible and morally bankrupt position.
Check out this video from HuffPost, entitled “This Is The Violent And Tragic Reality Of Deportation” to see the shocking truth about how our removal system really works (or not)!
Thinking of MLK’S “I have a dream,” next, I’ll take you over to The Guardian, where Washington Correspondent Sabrina Siddiqui tells us how “Immigration policy progress and setbacks have become pattern for Dreamers.”
“Greisa Martínez Rosas has seen it before: a rare bipartisan breakthrough on immigration policy, offering a glimmer of hope to advocates like herself. Then a swift unraveling.
Martínez is a Dreamer, one of about 700,000 young undocumented migrants, brought to the US as children, who secured temporary protections through Barack Obama’s Deferred Action for Childhood Arrivals policy, or Daca.
She considers herself “one of the lucky ones”. Last year, she was able to renew her legal status until 2020, even as Donald Trump threw the Dreamers into limbo by rescinding Daca and declaring a deadline of 5 March for Congress to act to replace it.
Martínez is an activist with United We Dream, the largest youth-led immigration advocacy group in the US. She has fought on the front lines.
In 2010 and 2013, she saw efforts for immigration reform, and a pathway to citizenship for Dreamers, culminate in disappointment. She rode a familiar rollercoaster this week, as a bipartisan Daca fix was undermined by Trump’s reported – if contested – reference to African and Central American nations as “shithole countries”.
“It feels like a sequel,” Martínez told the Guardian, adding that Trump’s adversarial views underscored the need to hash out a deal. “This same man is responsible for running a Department of Homeland Security that seeks to hunt and deport people of color.”
Negotiations over immigration have always been precarious. Trump has complicated the picture. After launching his candidacy for president with a speech that called Mexican migrants “rapists” and “killers”, Trump campaigned on deporting nearly 11 million undocumented migrants and building a wall on the Mexico border.
He has, however, shown a more flexible attitude towards Dreamers – despite his move to end their protective status. Last Tuesday, the president sat in the White House, flanked by members of both parties. In a 45-minute negotiating session, televised for full effect, Trump ignited fury among his hardcore supporters by signaling he was open to protection for Dreamers in exchange for modest border security measures.
Then, less than 48 hours later, Trump’s reported comments about countries like Haiti and El Salvador prompted a fierce backlash.
“People are picking their jaws up from the table and they’re trying to recover from feelings of deep hurt and anger,” said Frank Sharry, founder and executive director of America’s Voice, a group which advocates for immigration reform.
“We always knew we were climbing a mountain … but it’s improbable to imagine a positive breakthrough for immigrants with the most nativist president in modern America in charge.”
As the uproar continued, it was nearly forgotten that on Thursday, hours before Trump’s remarks became public, a group of senators announced a bipartisan deal.
Under it, hundreds of thousands of Dreamers would be able to gain provisional legal status and eventually apply for green cards. They would not be able to sponsor their parents for citizenship – an effort to appease Trump’s stance against so-called “chain migration” – but parents would be able to obtain a form of renewable legal status.
There would be other concessions to earn Trump’s signature, such as $2bn for border security including physical barriers, if not by definition a wall.
The compromise would also do away with the diversity visa lottery and reallocate those visas to migrants from underrepresented countries and those who stand to lose Temporary Protected Status. That would help those affected by the Trump administration’s recent decision to terminate such status for some nationals of El Salvador, effectively forcing nearly 200,000 out of the country.
The bill would be far less comprehensive than the one put forward in 2013, when a bipartisan group of senators known as the “Gang of Eight” proposed a bill that would have given nearly 11 million undocumented migrants a path to citizenship.
The bill passed the Senate with rare bipartisan support. In the Republican-led House it never received a vote.
Proponents of reform now believe momentum has shifted in their favor, despite Trump’s ascent. The Arizona senator Jeff Flake, part of the 2013 effort and also in the reform group today, said there was a clear deadline of 5 March to help Dreamers.
“I do think there is a broader consensus to do this than we had before,” Flake told the Guardian. “We’re going have 700,000 kids subject to deportation. That’s the biggest difference.”
Read the rest of the story at the link.
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Finally, John Blake at CNN tells us “Three ways [you might not know] MLK speaks to our time.”
That’s a famous line from the 19th century philosopher Ralph Waldo Emerson, but it could also apply to a modern American hero: the Rev. Martin Luther King Jr.
As the nation celebrates King’s national holiday Monday, it’s easy to freeze-frame him as the benevolent dreamer carved in stone on the Washington Mall. Yet the platitudes that frame many King holiday events often fail to mention the most radical aspects of his legacy, says Jeanne Theoharis, a political science professor at Brooklyn College and author of several books on the civil rights movement.
“We turn him into a Thanksgiving parade float, he’s jolly, larger than life and he makes us feel good,” Theoharis says. “We’ve turned him into a mascot.”
Many people vaguely know that King opposed the Vietnam War and talked more about poverty in his later years. But King also had a lot to say about issues not normally associated with civil rights that still resonate today, historians and activists say.
If you’re concerned about inequality, health care, climate change or even the nastiness of our political disagreements, then King has plenty to say to you. To see that version of King, though, we have to dust off the cliches and look at him anew.
If you’re more familiar with your smartphone than your history, try this: Think of King not just as a civil rights hero, but also as an app — his legacy has to be updated to remain relevant.
Here are three ways we can update our MLK app to see how he spoke not only to his time, but to our time as well:
. . . .
But here’s one more uncomfortable thought that also explains why King remains so relevant:
The country is still divided by many of the same issues that consumed him.
On the last night of his life, King told a shouting congregation of black churchgoers that “we as a people” would get to “the Promised Land.” That kind of optimism, though, sounds like it belongs to another era.
What we have now is a leader in the White House who denies widespread reports that he complained about Latino and African immigrants coming to America from “shithole” countries; a white supremacist who murders worshippers in church; a social media landscape that pulsates with anger and accusations.
King’s Promised Land doesn’t sound boring when compared to today’s headlines. And maybe that’s what’s so sad about reliving his life every January for some people.
Fifty years after he died, King’s vision for America still sounds so far away.”
Read the complete article at the link.
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There you have it. A brief but representative sample of some of the many ways in which Dr. King’s dream of a “post racist America” is still relevant and why there’s still much more work still to be done than many of us might have thought several years ago.
So, the next time you hear bandied about terms like “merit-based” (means: exclude Brown and Black immigrants); “extreme vetting” (means: using bureaucracy to keep Muslims and other perceived “undesirables” out); “tax cuts” (means: handouts to the rich at the expense of the poor); “entitlement reform” (means: cutting benefits for the most vulnerable); “health care reform” (means: kicking the most needy out of the health care system); “voter fraud” (means: suppressing the Black, Hispanic, and Democratic vote); “rule of law” (means: perverting the role of Government agencies and the courts to harm Blacks, Hispanics, Gays, women, the poor, and other minorities); “job creation” (means: destroying our precious natural resources and the environment for the benefit of big corporations), “border security” (means: slashing rights for children and asylum seekers, and more money for building a wall and expanding prisons for non-criminal migrants, a/k/a/ “The New American Gulag”), “ending chain migration” (means keeping non-White and/or non-Christian immigrants from bringing family members) and other deceptively harmless sounding euphemisms, know what the politicos are really up to and consider them in the terms that Dr. King might have.
What’s really behind the rhetoric and how will it help create the type of more fair, just, equal, and value-driven society that majority of us in American seek to be part of and leave to succeeding generations. If it isn’t moving us as a nation toward those goals, “Just Say NO” as Dr. King would have done!
“Lots of the news from sub-Saharan Africa is about war, famine, poverty or political upheaval. So it’s understandable if many Americans think most Africans who immigrate to the United States are poorly educated and desperate.
That’s the impression that President Trump left with his comments to members of Congress opposing admission of immigrants from “shithole countries” in Africa and elsewhere.
But research tells another story.
While many are refugees, large numbers are beneficiaries of the “diversity visa program” aimed at boosting immigration from underrepresented nations. And on average, African immigrants are better educated that people born in the U.S. or the immigrant population as a whole.
“It’s a population that’s very diverse in its educational, economic and English proficiency profile,” said Jeanne Batalova, a senior policy analyst at the Migration Policy Institute think tank in Washington and coauthor of a report last year on sub-Saharan African immigrants in the U.S. “People came for a variety of reasons and at various times.”
Overall, their numbers are small compared with other immigrant groups but have risen significantly in recent years. The U.S. immigrant population from sub-Saharan Africa (49 countries with a total population of more than 1.1 billion) grew from 723,000 to more than 1.7 million between 2010 and 2015, according to a new report by New American Economy, a Washington-based research and advocacy group. Still, they make up just half a percent of the U.S. population.
Drawing from U.S. surveys and Census Bureau data, the report found that the majority come from five countries: Nigeria, Ghana, Kenya, Ethiopia and South Africa.
The Pew Research Center reported that African immigrants are most likely to settle in the South or Northeast, and that the largest numbers — at least 100,000 — are found in Texas, New York, California, Maryland, New Jersey, Massachusetts and Virginia. Many African refugees have also relocated to or have been resettled in states such as Minnesota and South Dakota.
The Refugee Act of 1980 made it easier for people fleeing war zones to resettle in the U.S., and today there are tens of thousand of refugees from Somalia, Sudan and Congo. About 22% of African immigrants are refugees, according to Andrew Lim, associate director of research at New American Economy.
At the same time, the diversity visa program — also known as the visa lottery — has opened the door to immigrants from more peaceful places. Of the sub-Saharan immigrants who have become legal permanent residents, 17% came through the program, compared with 5% of the total U.S. immigrant population, according to Batalova.
Applicants to the program must have completed the equivalent of a U.S. high school education or have at least two years of recent experience in any number of occupations, including accountant, computer support specialist, orthodontist and dancer.
As a result, the influx includes many immigrants from sub-Saharan Africa who are highly skilled professionals.
Batalova’s research found that of the 1.4 million who are 25 and older, 41% have a bachelor’s degree, compared with 30% of all immigrants and 32% of the U.S.-born population. Of the 19,000 U.S. immigrants from Norway — a country Trump reportedly told lawmakers is a good source of immigrants — 38% have college educations.
The New American Economy study found that 1 in 3 of these undergraduate degrees were focused on science, technology, engineering and math — “training heavily in demand by today’s employers.”
That report also found that African immigrants were significantly more likely to have graduate degrees. A total of 16% had a master’s degree, medical degree, law degree or a doctorate, compared with 11% of the U.S.-born population, Lim said.
African immigrants were more than twice as likely than the U.S. population overall to work in healthcare, Lim said. There are more than 32,500 nursing, psychiatric or home health aides, more than 46,000 registered nurses and more than 15,700 doctors and surgeons.
“Overwhelmingly the evidence shows that [African immigrants] make a significant, positive economic contribution to the U.S. economy,” both at a national level and in districts where they are concentrated, Lim said. “They contribute more than $10.1 billion in federal taxes, $4.7 billion in state and local taxes, and most importantly, they have significant economic clout to the point of $40.3 billion in spending power.”
That $40.3 billion pays for housing, transportation, consumer goods and education for their children — “things that actually stimulate the economy around them,” Lim said.
The biggest beneficiary is Texas, where their spending power is $4.7 billion, followed by California, Maryland, New York and Georgia.
“It’s a population that leverages its human resources and contributes to the U.S. economy by revitalizing communities, starting businesses, but also by working in a variety of professional fields,” Batalova said.
Even those with less education who arrive as refugees often fill certain lower-skill niches in healthcare, such as home health aides, researchers said.
“In the communities they were resettled in, they have made significant contributions,” Lim said.
In many towns and cities in the Great Lakes area of the Midwest, for example, they have started new businesses, infused local labor forces with younger workers, and expanded local tax bases, Lim said.
A report last year by the National Academies of Sciences, Engineering, and Medicine found that immigrants in general had little to no negative effect on overall wages or employment levels for U.S.-born workers, and higher-skilled immigrants in fields such as technology and science had a positive influence on the U.S. labor force.
Still, supporters of stricter immigration policy back the Trump administration’s calls to end the visa lottery as well as programs that allow certain immigrants to sponsor family members to settle in the U.S. They believe that a merit system that selects immigrants based on individual skills should replace the current system.”
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Truth, facts, and helping American workers have never been part of the GOP restrictionist agenda. The xenophobia is no longer limited to so-called undocumented immigrants; it’s clear that guys like Purdue, Cotton, and Goodlatte really don’t like immigrants of any type, and particularly those of color or from “developing nations.” It’s really all about race with religion and culture thrown in — slowing down the “browning and blackening” of America, attacking the Hispanic American and African-American cultures, and trying to block or limit the immigration of non-Christians (including, of course, Muslims).
Trump’s racist remarks this week (which Perdue, Cotton, and Nielsen are rather disingenuously trying to claim never happened) and the GOP’s basic defense of the idea of drawing immigrants from White European countries rather than Haiti, Africa, or Central America has basically “blown the cover” off of so-called “merit based” immigration being pushed by some in the GOP. Trump was just articulating the hateful White Nationalist immigration agenda that he ran on and many (not all) in the GOP have now adopted under the code word “merit based.” That doesn’t bode well for bipartisan immigration reform of any type or, for that matter, for the future of a diverse “nation of immigrants.”
R“Donald Trump’s successful presidential campaign featured a persistent attack on immigrants. So as a Haitian immigrant, I was surprised when candidate Trump praised our values and work ethic and declared to a crowd of Haitian Americans in Miami’s Little Haiti, “I really want to be your greatest champion.”
Apparently, Trump’s public declaration of love for Haitians — conveniently stated at an anti-Hillary Clinton rally — was contradicted by his private beliefs. The New York Times recently reported that he allegedly fumed at a Cabinet meeting on immigration in June that Haitians “all have AIDS.” (He also reportedly claimed that Nigerians would never go “back to their huts.”)
Even though the White House has disputed the report, it’s clearly not a great stretch to think that he did say such things. These comments are consistent with his characterization of other immigrant groups as drug dealers, rapists and potential terrorists.
Such a negative view would help explain why his administration decided last month to expel 59,000 Haitians living in the United States under temporary protected status (TPS) after the disasters of the 2010 earthquake that killed some 300,000 Haitians and the devastation of Hurricane Matthew in 2016. The Trump administration insisted that the emergency no longer existed, despite the prevailing view of most experts (and politicians from his own Republican Party) that impoverished Haiti is not ready to absorb such a large number of Haitians who have lived abroad for so long.
Trump may think of Haitians as a disease, but the reality is that we’ve helped make America great. More than 700,000 Haitians live in the United States (the actual number may be double the official tally), and they have plenty of success stories to counter Trump’s narrow view. I serve on the board of a Haitian American organization that identifies and celebrates the success of Haitian immigrants in America. We are university presidents, doctors, lawyers, journalists, professors, teachers, nurses, NFL stars, office workers and cabdrivers.
Haitian Americans and those of Haitian descent have been elected to city and state governments in Massachusetts, Illinois and Florida and even to Congress (e.g. Rep. Mia Love, Republican of Utah). President Barack Obama’s last ambassador to South Africa came to America as a child with his Haitian parents.
Trump is not the first person to link Haitians to HIV/AIDS. When the Centers for Disease Control and Prevention first noticed cases of the disease among Haitians in the 1980s, it noted that risk factors were different from those in the United States, where the disease was associated with gays and intravenous drug users. Haitians as a group were classified as particularly at risk. For several years, all Haitians — even those of us who had grown up in the United States — were barred from giving blood. After vigorous protests by Haitians, the conclusion of researchers was deemed an error; cultural taboos had Haitians denying to researchers that they had engaged in prostitution, gay sex or drug use. New evidence led to removal of the hurtful stigma. Trump doesn’t appear to have received the second memo.
Trump should actually be quite familiar with Haitians. His native New York has long been a haven for Haitian Americans, going back to the Haitian Revolution of the 1790s. Pierre Toussaint was brought to New York by a slave owner escaping the growing unrest in what was then a French Caribbean colony. Toussaint eventually was freed and became a major financial contributor to the construction of the original Saint Patrick’s church in lower Manhattan. The Vatican has started the process to make him a saint for his many charitable works. You’d think that one builder would have respect for another.
But we Haitians are accustomed to being seen as pariahs. Because Haiti freed itself from French rule and permanently abolished slavery 60 years before the United States, it was viewed with fear and suspicion in the 19th century by the slave-owning nations that surrounded it. Some Southern newspapers even barred any mention of Haiti. The young nation was forced to pay a vast indemnity to France for the empire’s lost slaves and plantations, a burden that put Haiti on a long-term path to poverty.
As black immigrants to the United States, Haitians have not always been as welcome as others. But we have made the best of opportunities in America by overcoming obstacles. One fickle champion will not stop us.”
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There is probably no more “under-appreciated” group than Haitian Americans. Undoubtedly, there has been a heavy dose of racism in our unwillingness to welcome Haitian refugees on the same basis as we have Cubans or Eastern Europeans.
And, as I have pointed out before, the Trump Administration’s decision to terminate Haitian TPS, opposed by a number of prominent Republicans, is indefensible (and dumb to boot).
“You got a choice to make, man. You could go straight on to heaven. Or you could turn right, into that.”
We are in Los Angeles, in the heart of one of America’s wealthiest cities, and General Dogon, dressed in black, is our tour guide. Alongside him strolls another tall man, grey-haired and sprucely decked out in jeans and suit jacket. Professor Philip Alston is an Australian academic with a formal title: UN special rapporteur on extreme poverty and human rights.
General Dogon, himself a veteran of these Skid Row streets, strides along, stepping over a dead rat without comment and skirting round a body wrapped in a worn orange blanket lying on the sidewalk.
The two men carry on for block after block after block of tatty tents and improvised tarpaulin shelters. Men and women are gathered outside the structures, squatting or sleeping, some in groups, most alone like extras in a low-budget dystopian movie.
We come to an intersection, which is when General Dogon stops and presents his guest with the choice. He points straight ahead to the end of the street, where the glistening skyscrapers of downtown LA rise up in a promise of divine riches.
Heaven.
Then he turns to the right, revealing the “black power” tattoo on his neck, and leads our gaze back into Skid Row bang in the center of LA’s downtown. That way lies 50 blocks of concentrated human humiliation. A nightmare in plain view, in the city of dreams.
Alston turns right.
Philip Alston in downtown LA. Photograph: Dan Tuffs for the Guardian
So begins a two-week journey into the dark side of the American Dream. The spotlight of the UN monitor, an independent arbiter of human rights standards across the globe, has fallen on this occasion on the US, culminating on Friday with the release of his initial report in Washington.
His fact-finding mission into the richest nation the world has ever known has led him to investigate the tragedy at its core: the 41 million people who officially live in poverty.
Of those, nine million have zero cash income – they do not receive a cent in sustenance.
Alston’s epic journey has taken him from coast to coast, deprivation to deprivation. Starting in LA and San Francisco, sweeping through the Deep South, traveling on to the colonial stain of Puerto Rico then back to the stricken coal country of West Virginia, he has explored the collateral damage of America’s reliance on private enterprise to the exclusion of public help.
The Guardian had unprecedented access to the UN envoy, following him as he crossed the country, attending all his main stops and witnessing the extreme poverty he is investigating firsthand.
Think of it as payback time. As the UN special rapporteur himself put it: “Washington is very keen for me to point out the poverty and human rights failings in other countries. This time I’m in the US.”
David Busch, who is currently homeless on Venice beach, in Los Angeles. Photograph: Dan Tuffs for the Guardian
The tour comes at a critical moment for America and the world. It began on the day that Republicans in the US Senate voted for sweeping tax cuts that will deliver a bonanza for the super wealthy while in time raising taxes on many lower-income families. The changes will exacerbate wealth inequality that is already the most extreme in any industrialized nation, with three men – Bill Gates, Jeff Bezos and Warren Buffet – owning as much as half of the entire American people.
A few days into the UN visit, Republican leaders took a giant leap further. They announced plans to slash key social programs in what amounts to an assault on the already threadbare welfare state.
“Look up! Look at those banks, the cranes, the luxury condos going up,” exclaimed General Dogon, who used to be homeless on Skid Row and now works as a local activist with Lacan. “Down here, there’s nothing. You see the tents back to back, there’s no place for folks to go.”
California made a suitable starting point for the UN visit. It epitomizes both the vast wealth generated in the tech boom for the 0.001%, and the resulting surge in housing costs that has sent homelessness soaring. Los Angeles, the city with by far the largest population of street dwellers in the country, is grappling with crisis numbers that increased 25% this past year to 55,000.
Ressy Finley, 41, was busy sterilizing the white bucket she uses to slop out in her tent in which she has lived on and off for more than a decade. She keeps her living area, a mass of worn mattresses and blankets and a few motley possessions, as clean as she can in a losing battle against rats and cockroaches. She also endures waves of bed bugs, and has large welts on her shoulder to prove it.
She receives no formal income, and what she makes on recycling bottles and cans is no way enough to afford the average rents of $1,400 a month for a tiny one-bedroom. A friend brings her food every couple of days, the rest of the time she relies on nearby missions.
She cried twice in the course of our short conversation, once when she recalled how her infant son was taken from her arms by social workers because of her drug habit (he is now 14; she has never seen him again). The second time was when she alluded to the sexual abuse that set her as a child on the path towards drugs and homelessness.
Given all that, it’s remarkable how positive Finley remains. What does she think of the American Dream, the idea that everyone can make it if they try hard enough? She replies instantly: “I know I’m going to make it.”
A 41-year-old woman living on the sidewalk in Skid Row going to make it?
“Sure I will, so long as I keep the faith.”
What does “making it” mean to her?
“I want to be a writer, a poet, an entrepreneur, a therapist.”
Ressy Finley, who lives in a tent on 6th Street in Downtown LA. Photograph: Dan Tuffs for the Guardian
Robert Chambers occupies the next patch of sidewalk along from Finley’s. He’s created an area around his tent out of wooden pallets, what passes in Skid Row for a cottage garden.
He has a sign up saying “Homeless Writers Coalition”, the name of a group he runs to give homeless people dignity against what he calls the “animalistic” aspects of their lives. He’s referring not least to the lack of public bathrooms that forces people to relieve themselves on the streets.
LA authorities have promised to provide more access to toilets, a critical issue given the deadly outbreak of Hepatitis A that began in San Diego and is spreading on the west coast claiming 21 lives mainly through lack of sanitation in homeless encampments. At night local parks and amenities are closed specifically to keep homeless people out.
Skid Row has had the use of nine toilets at night for 1,800 street-faring people. That’s a ratio well below that mandated by the UN in its camps for Syrian refugees.
“It’s inhuman actually, and eventually in the end you will acquire animalistic psychology,” Chambers said.
He has been living on the streets for almost a year, having violated his parole terms for drug possession and in turn being turfed out of his low-cost apartment. There’s no help for him now, he said, no question of “making it”.
“The safety net? It has too many holes in it for me.”
Of all the people who crossed paths with the UN monitor, Chambers was the most dismissive of the American Dream. “People don’t realize – it’s never getting better, there’s no recovery for people like us. I’m 67, I have a heart condition, I shouldn’t be out here. I might not be too much longer.”
That was a lot of bad karma to absorb on day one, and it rattled even as seasoned a student of hardship as Alston. As UN special rapporteur, he’s reported on dire poverty and its impact on human rights in Saudi Arabia and China among other places. But Skid Row?
“I was feeling pretty depressed,” he told the Guardian later. “The endless drumbeat of horror stories. At a certain point you do wonder what can anyone do about this, let alone me.”
And then he took a flight up to San Francisco, to the Tenderloin district where homeless people congregate, and walked into St Boniface church.
What he saw there was an analgesic for his soul.”
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Read the rest of the story, with many major “poverty stops” across America, at the link.
At some point, all Americans will pay a price for the Trump/GOP plan to loot America for the rich and increase income inequality.
“The number of people caught trying to sneak over the border from Mexico has fallen to the lowest level in 46 years, according to Department of Homeland Security statistics released Tuesday that offer the first comprehensive look at how immigration enforcement is changing under the Trump administration.
During the government’s 2017 fiscal year, which ended Sept. 30, U.S. border agents made 310,531 arrests, a decline of 24 percent from the previous year and the fewest overall since 1971.
The figures show a sharp drop in apprehensions immediately after President Trump’s election win, possibly reflecting the deterrent effect of his rhetoric on would-be border crossers; starting in May, the number of people taken into custody began increasing again.
Arrests of foreigners living illegally in the United States have surged under Trump. Immigration and Customs Enforcement officers made 110,568 such arrests between inauguration and the end of September, according to the figures published Tuesday, a 42 percent increase over the same period during the previous year.
Tom Homan, ICE’s temporary director and Trump’s nominee to lead the agency, praised the president and gave a vigorous defense of ICE’s more aggressive approach.
“This president, like him or love him, is doing the right thing,” Homan told reporters at a news conference in Washington, accompanied by the heads of the U.S. Border Patrol and Citizenship and Immigration Services.
“A 45-year low in border crossings? That’s not a coincidence,” Homan said. “That’s based on this president and his belief and letting the men and women of ICE and the Border Patrol do their job.”
[How Trump is building a border wall no one can see]
Trump’s sweeping promises to crack down on illegal immigration fueled his presidential campaign and are at the center of his most ambitious domestic policy proposals, including construction of a wall along the border with Mexico.
Asked whether such a barrier was justifiable given its high cost and the decline in illegal immigration, DHS officials endorsed the president’s plan.
“In this society, we use walls and fences to protect things. It shouldn’t be different on the border,” said Ronald Vitiello, chief of the Border Patrol.
Apprehensions by Border Patrol agents peaked at more than 1.6 million in 2000 and began falling substantially after 2008. The previous low point was 331,333 arrests, during fiscal 2015. Experts have attributed the decline to tougher U.S. enforcement, improving job prospects in Mexico and long-term demographic changes that have driven down the country’s birthrate.
3:32
On the U.S.-Mexico border, Trump supporters wait for th
Still, the drop in border arrests is among the sharpest year-to-year changes on record, one that only casts more doubt on the wisdom of building a border wall, said Doris Meissner, senior fellow at the Migration Policy Institute, a Washington think tank.
“It’s a throwback response to yesterday’s problems,” she said, arguing that the money would be better spent addressing what accounts for a growing share of illegal migration: families with children fleeing rampant violence and dismal poverty in Central America.
Border agents took more than 75,000 “family units,” classified as at least one child and a related adult, into custody during fiscal 2017. But the number of unaccompanied minors fell 31 percent, to 41,435.”
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Read the complete article at the link.
This has to be what true greatness looks like! Imagine a world without those pesky undocumented workers to support our economy, our society, and our “American” way of life! That’s making America Great Again!
I’m sure future generations will be inspired by Homan’s humanity and wisdom as they pick produce or pound shingles in 100 degree heat, clean toilets, empty urine bags for the elderly and handicapped, clean tables, wash dishes, limb trees, shuck oysters, schlep concrete blocks, dig ditches, and, horror of horrors, take care of their own children while working full-time. Man, that’s going to be “America the Great” just as Trump, Sessions, Bannon, Miller, Homan, and others envision it!
And, the best part: we won’t have to worry about any of that burdensome, nasty “globalism” and the unfair burden of global leadership! That’s because the Chinese, Indians, Canadians, Mexicans, and Europeans will be in charge of the world economy and the Ruskies will control world politics. So we can enjoy our little White Nationalist enclave modeled on post-revolutionary Cuba — life in the 1950’s preserved forever! Save those “Classic ’57 Chevies!”
Kinda sorry I won’t be here to enjoy it! But, then again, I already lived through the real 1950’s once — Cold War, Jim Crow, segregation, anti-semitism, racial covenants, no women doctors, lawyers, or execs, African Americans only welcome on the football fields and basketball courts of a few Northern colleges! Boy, it was great! But, not sure I want to do it again, even to experience the pure, unadulterated joy of having “my Milwaukee Braves” win the 1957 World Series (before fleeing to Atlanta)!
On the flip side, at Homan’s “record pace” of “law enforcement,” he and his minions will have every single undocumented American resident removed from the U.S by 2080 — that’s if no more arrive in the interim. And, the really great thing — they and those around them (including U.S. citizen kids and family members) will be living in fear every moment for the next six decades! Now, that’s something of which we can be truly proud! Of course, this all assumes that the North Koreans don’t nuke us and the rest of the world out of existence first!
“Being uninsured can be lethal,” review author Steffie Woolhandler of City University of New York told BuzzFeed News.
Congress is in the middle of efforts to pass a Republican health care plan. The House has already passed its own version of health care legislation, while the Senate released its own draft Senate bill last week and unveiled an updated version earlier today. The Congressional Budget Office released an analysis late Monday finding the Senate bill would save $321 billion over the next decade at a cost of 22 million more uninsured people than under Obamacare by 2026.
“A little negotiation, but it’s going to be very good,” President Trump said of the bill on Thursday, when it was first unveiled.
Whether removing all those people from medical coverage, and cutting their access to preventive care for diseases such as diabetes, high blood pressure or cancer, would actually lead to more deaths has emerged as a point of contention in debate over repealing Obamacare, which has enrolled about 20 million people in health insurance and Medicaid plans since 2010.
In reality, people without health insurance face odds ranging from 3% to 29% higher of dying prematurely compared to someone who has health insurance, concludes the Annals Of Internal Medicine review. Taking the midpoint of those odds as a benchmark, Woolhandler suggested that about 1,300 people a year die prematurely every year in the US for every one million people who lose health insurance.
Obamacare, which added about 20 million people to the ranks of the insured, likely preserved lives at that same rate, she said.
. . . . .
Worth noting, the American College of Physicians, which publishes the journal that released the review, has opposed Republican efforts to repeal Obamacare, joining the American Medical Association and the National Association of Medicaid Directors, among medical groups criticizing the Senate’s draft bill. Woolhandler and Himmelstein served as unpaid advisors to Sen. Bernie Sanders’ presidential campaign and founded a doctor’s organization that advocates for universal health care.”
Meanwhile, back at the ranch, the CBO predicts that an additional 22 million individuals would lose coverage under the GOP’s Senate Bill:
“Senate Republicans’ bill to erase major parts of the Affordable Care Act would cause an estimated 22 million more Americans to be uninsured in the coming decade — roughly a million fewer than similar legislation recently passed by the House, according to the Congressional Budget Office.
The forecast issued Monday by Congress’s nonpartisan budget scorekeepers also estimates that the Senate measure, drafted in secret mainly by Majority Leader Mitch McConnell and aides, would reduce federal spending by $321 billion by 2026 — compared with $119 billion for the House’s version.
The CBO’s analysis has been awaited as a crucial piece of evidence as McConnell (Ky.) and other Republican leaders try to hurry a vote on the bill this week. But they are navigating an expanding minefield of resistance from their own party’s moderate and conservative wings, while Democrats are united against it.
The additional deficit savings gives those leaders plenty of room to add more spending to win votes from skeptical moderate Republicans like Sens. Dean Heller (Nev.), Rob Portman (Ohio) and Bill Cassidy (La.), who want more money and a dedicated fund to help treat opioid abuse. Senate budget rules require that the final legislation save at least $133 billion, more than was saved in the House bill, giving senators $188 billion to make the bill more palatable.
Any extra spending risks alienating conservatives, however, and could threaten a delicate balance McConnell must strike to win votes from at least 50 of the 52 Senate Republicans. And some moderates have said they will decide whether they can support the Better Care Reconciliation Act based on how it will affect Americans who have gained coverage under the ACA during the past few years.”
When the Grim Reaper shows up, a GOP party card and a Trump “Make America Great” hat won’t do any good. You’ll have to go so that Trump, McConnell, Ryan, and their “fat cat” buddies can live “higher on the hog.”
Kim Soffen writes in the Wonkblog columns in the Washington Post:
“Senate Republican leaders unveiled their health-care bill Thursday morning, after weeks of crafting it behind closed doors. The bill keeps some popular parts of the Affordable Care Act, such as the provision preventing insurance companies from charging people more or denying them coverage based on pre-existing conditions, and eliminates some unpopular parts, such as the individual mandate which requires people to buy insurance or pay a penalty.
[What the Senate bill changes about Obamacare]
But those two provisions, taken together, are likely to send the individual marketplace into a “death spiral,” ending with only the sickest people insured, sky-high premiums, and insurers exiting the individual market, according to experts across the political spectrum. The bill has a $112 billion market stabilization fund to prevent this, but experts doubt it, or a similar measure in the House bill, would be enough.
Here’s how a death spiral would happen. People shopping for insurance in the individual market all sit on a spectrum from healthy to sick.”
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Lots of “neat” graphics with the full article. Clink the link and see the GOP’s plan to “deconstruct” American healthcare in action.
Sobering thought: Millions of Americans voted to destroy their own healthcare and endanger their own lives and those of family members who can’t vote. Unfortunately, their lack of prudence and sound judgment is likely to take the rest of us into the abyss with them. The “silver lining:” Guys like the Koch Bros, Tom Price, Wilber Ross, et. al. will pay lower taxes. (I didn’t include Trump in this list because there is no hard evidence that he currently pays, or ever again will pay, income taxes.)
Eugene Robinson writes in a Washington Post op-ed:
“The “health-care bill” that Republicans are trying to pass in the Senate, like the one approved by the GOP majority in the House, isn’t really about health care at all. It’s the first step in a massive redistribution of wealth from struggling wage-earners to the rich — a theft of historic proportions.
Is the Senate version less “mean” than the House bill, to use President Trump’s description of that earlier effort? Not really. Does the new bill have the “heart” that Trump demanded? No, it doesn’t. The devil is not in the details, it’s in the big picture.
Fundamentally, what Republicans in both chambers want to do is cut nearly $1 trillion over the next decade from the Medicaid program, which serves almost 70 million people. Medicaid provides health care not just for the indigent and disabled but also for the working poor — low-wage employees who cannot afford health insurance, even the plans offered through their jobs.
Additionally, about 20 percent of Medicaid spending goes to provide nursing home care, including for middle-class seniors whose savings have been exhausted — a situation almost any of us might confront. Roughly two-thirds of those in nursing homes have their care paid by Medicaid.
Why would Republicans want to slash this vital program so severely? You will hear a lot of self-righteous huffing and puffing about the need for entitlement reform, but the GOP’s intention is not to use the savings to pay down the national debt. Instead, slashing Medicaid spending creates fiscal headroom for what is euphemistically being called “tax reform” — a soon-to-come package of huge tax cuts favoring the wealthy.
That’s the basic equation in both the House and Senate bills: Medicaid for tax cuts. Both bills start with various of the taxes imposed by the Affordable Care Act, but those are mere appetizers. The main course is intended to be big cuts in individual and corporate tax rates that would benefit the rich.
There is no other point to this whole exercise. All the “Obamacare is in a death spiral” talk is Republican wishful thinking, aided and abetted by active sabotage.”
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Undoubtedly, many of those who would die or suffer needlessly as a result of the GOPs “Reverse Robin Hood” operation would be Democrats and non-voters (like children). But, many in the GOP base also fall within the group of poor and “lower middle class” folks who would be sentenced to death or suffering by the GOP. Killing off your own voters, with their support, is an interesting new twist in modern GOP politics. But, obviously Trump, McConnell, Ryan, and their Fat Cat handlers are confident in the gullibility and inability of many in their base to discern either their own or the general public’s best interests. Difficult to comprehend.
“It is difficult to overstate the sheer unpopularity of the American Health Care Act, the Republican Party’s plan to “repeal and replace” the Affordable Care Act. And it’s not hard to understand why the bill is so unpopular. What’s mystifying is why Republicans insist on passing it, acting as if there won’t be political consequences for a plan that promises pain for tens of millions of Americans.
JAMELLE BOUIE
Jamelle Bouie is Slate’s chief political correspondent.
At Obamacare’s least popular moment, in the fall of 2014, 56 percent of Americans held a negative view of the law, versus 37 percent who approved. Compare that with the Republican version of the AHCA that passed the House of Representatives in early May. In a recent survey from CBS News, 59 percent of Americans disapprove of the GOP proposal, versus 32 percent who approve. A Roper Center analysis shows the proposal with just 29 percent support, making it the most unpopular piece of legislation Congress has considered in decades. And its unpopularity isn’t just a function of blue states like California, New York, and Illinois—there is no state in the union where a majority of voters support the bill.
If the AHCA ends up improving outcomes for Americans—if it delivers affordable health insurance or protects families from medical bankruptcy—it might recover some popularity in the implementation, as was true with the Affordable Care Act, which now has majority support. But we know from the Congressional Budget Office’s evaluation of the House bill that it would increase the number of uninsured by an estimated 23 million people; there are no signs the Senate version will be any less damaging. What’s more, the AHCA may upend the employer health market as well; its deregulatory measures could result in lifetime limits and substantially higher out-of-pocket costs for people who receive insurance through work. The universe of people potentially left worse off by the Republican bill is close to a cross-section of the American public: salaried employees, ordinary workers who rely on the Obamacare exchanges, and the millions of low-income people, children, elderly, and disabled Americans who rely on Medicaid.
Under most circumstances, this would be the ballgame. As a general matter, lawmakers don’t pass hugely unpopular legislation that might harm constituents in such a direct way. It’s easy to say that, for House and Senate Republicans, their “constituents” are those wealthy Americans who receive huge tax cuts under the bill. Still, it’s also true that winning donors isn’t the same as winning elections. Politicians don’t need to value the public interest to reject a bill like the AHCA; a survival instinct should be enough.
Which gets to what’s mystifying about the present situation. If the health care bill becomes law, there’s every indication the Republican Party will suffer for passing it. It is already responsible for a substantial and so-far enduring decline in the president’s approval rating, and it is fueling grass-roots opposition to the already-unpopular Trump administration. If Republicans face an increasingly difficult environment for the 2018 general election, it is at least in part because of the AHCA. And yet, Republicans are intent on passing the bill. Senate Majority Leader Mitch McConnell has cannily adopted an unprecedentedlysecretive process meant to insulate the proposal from criticism and expedite its passage. There have been no hearings and no debate. The plan, as it exists, is for a one-week period of public input before Congress votes.
It’s likely that Republicans know the bill is unpopular and are doing everything they can to keep the public from seeing its contents before passing it. As we saw with the Affordable Care Act, the longer the process, the greater the odds for a major backlash. But this presupposes a pressing need to pass the American Health Care Act, which isn’t the case, outside of a “need” to slash Medicaid, thus paving the way for large-scale, permanent tax cuts. The Republican health care bill doesn’t solve any urgent problem in the health care market, nor does it represent any coherent vision for the health care system; it is a hodgepodge of cuts and compromises, designed to pass a GOP Congress more than anything. It is policy without any actual policy. At most, it exists to fulfill a promise to “repeal Obamacare” and cut taxes.
Perhaps that’s enough to explain the zeal to pass the bill. Republicans made a promise, and there are forces within the party—from hyperideological lawmakers and conservative activists to right-wing media and Republican base voters—pushing them toward this conclusion. When coupled with the broad Republican hostility to downward redistribution and the similarly broad commitment to tax cuts, it makes sense that the GOP would continue to pursue this bill despite the likely consequences.
But ultimately it’s not clear the party believes it would face those consequences. The 2018 House map still favors Republicans, and the party is defending far fewer Senate seats than Democrats. Aggressively gerrymandered districts provide another layer of defense, as does voter suppression, and the avalanche of spending from outside groups. Americans might be hurt and outraged by the effects of the AHCA, but those barriers blunt the electoral impact.
The grounds for political combat seem to have changed as well. If recent special elections are any indication—where GOP candidates refused to comment on signature GOP policies—extreme polarization means Republicans can mobilize supporters without being forced to talk about or account for their actual actions. Identity, for many voters, matters more than their pocketbooks. Republicans simply need to signal their disdain—even hatred—for their opponents, political or otherwise. Why worry about the consequences of your policies when you can preclude defeat by changing the ground rules of elections, spending vast sums, and stoking cultural resentment?
It seems, then, that we have an answer for Republicans insist on moving forward with the American Health Care Act. Because they can. And who is going to stop them?”
Here’s some analysis of the GOP Senate Bill from the Washington Post:
“The Senate proposal largely mirrors the House measure with significant differences, according to a discussion draft circulating Wednesday among aides and lobbyists. While the House legislation would peg federal insurance subsidies to age, the Senate bill would link them to income, as the ACA does.
The Senate measure would cut off expanded Medicaid funding for states more gradually than the House bill but would enact deeper long-term cuts to the health-care program for low-income Americans. It also would eliminate House language aimed at prohibiting federally subsidized health plans from covering abortions, a provision that may run afoul of complex Senate budget rules.
But McConnell faces the prospect of an open revolt from key conservative and moderate GOP senators, whose concerns he has struggled to balance in recent weeks. Republicans familiar with the effort said Senate leaders have more work to do to secure the 50 votes needed to pass the measure, with Vice President Pence set to cast the tiebreaking vote, from the pool of 52 GOP senators. No Democrats are expected to support the bill.
According to two Republicans in close contact with Senate GOP leadership granted anonymity to describe private conversations, McConnell is threatening to bring the bill to a vote next week even if he doesn’t have the votes to pass it. But some believe that message is aimed at trying to pressure Republicans to support the bill, rather than an absolute commitment. A McConnell spokeswoman declined to comment.
Republican aides stressed that their plan is likely to undergo more changes to secure the votes needed for passage, but there were major concerns Wednesday from senators on opposite ends of the GOP spectrum.
“My main concern is I promised voters that I would repeal — vote to repeal Obamacare. And everything I hear sounds like Obamacare-lite,” said Sen. Rand Paul (R-Ky.).
Sen. Shelley Moore Capito (R-W.Va.), whose state expanded Medicaid and has been pushing for a more gradual unwinding of that initiative than many conservatives prefer, said she is waiting to scrutinize what is released but has not seen anything yet that would make her drop her concerns with the proposal.
“Up to this point, I don’t have any new news — tomorrow we will see it definitively — that would cause me to change that sentiment,” she said.
Like the House bill, the Senate measure is expected to make big changes to Medicaid, the program that insures about 74 million elderly and lower-income Americans and was expanded in most states under the ACA. In effect, the revisions would reduce federal spending on the program.
The Senate measure would transform Medicaid from an open-ended entitlement to one in which federal funding would be distributed to states on a per capita basis. The Senate measure would also seek to phase out the program’s expansion — although at a more gradual rate than the House version.
Yet the Senate bill would go further than the House version in its approach to cutting Medicaid funding in the future. In 2025, the measure would tie federal spending on the program to an even slower growth index than the one used in the House bill. That move could prompt states to reduce the size of their Medicaid programs.”
As long as folks stubbornly keep voting for their own demise, that is, against their own best interests, Trump and the GOP are going to take them to the cleaners every time. The GOP Congressional leadership has “bought into” the Trump “Time Square” theory: “There’s absolutely nothing that we could do that would make these folks vote against us. And, we’re going to take full advantage of them by sticking it to them just like they were Democrats or minorities (or both).”
I suppose if it works, why not line your pockets (and those of your buddies) to the full extent possible at the expense of the People until the party ends (which it might never do — and, if it does, the GOP will be laughing all the way to the bank)?
“WASHINGTON — A bill to dismantle the Affordable Care Act that narrowly passed the House this month would leave 14 million more people uninsured next year than under President Barack Obama’s health law — and 23 million more in 2026, the Congressional Budget Office said Wednesday. Some of the nation’s sickest would pay much more for health care.
Under the House bill, the number of uninsured would be slightly lower, but deficits would be somewhat higher, than the budget office estimated before Republican leaders made a series of changes to win enough votes for passage. Beneath the headline-grabbing numbers, those legislative tweaks would bring huge changes to the American health care system.
In many states, insurance costs could soar for consumers who are sick or have pre-existing conditions, while premiums would fall for the healthy, the new estimate concludes.
The forecast by the nonpartisan Congressional Budget Office, Capitol Hill’s official scorekeeper, is another potential blow to efforts to undo Mr. Obama’s signature domestic achievement. Republican senators have said they will make substantial changes to the measure passed by the House, but even Senator Mitch McConnell of Kentucky, the majority leader, sounds uncertain about his chances of finding a majority to repeal and replace the health law.”
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Read Robert’s complete article at the link. Decades ago, when we were both young, Robert covered the “immigration beat” for the NYT. In the days before Administrations of both parties went to war with the press, he used to call me on a regular basis to get the “official INS position” on various controversies, particularly those involving legal issues.
The case, full text at the above link, is VELASQUEZ‐BANEGAS, v. LYNCH.
I agree with Judge Posner’s bottom line that protection should have been granted on this record. But, I think that he was overly harsh on the Immigration Judge.
These would be difficult cases for any judge at any level of our system. One of the significant problems is that the Appellate Division of the Immigration Court, the Board of Immigration Appeals (“BIA”) has failed to provide adequate positive guidance on granting protection.
The overwhelming number of BIA precedent cases dealing with asylum, withholding of removal, and relief under the Convention Against Torture are denials by the BIA. But, even with asylum grant levels leveling off and actually falling slightly over the past several years, the majority of applicants for protection actually qualify for some form of relief at the trial level based on fear of persecution or torture.
The unnecessarily negative approach of the BIA in its precedent decisions both gives a misleading negative guidance to Immigration Judges and creates the impression with U.S. Court of Appeals Judges that the system is even more skewed against applicants than it actually is.
Although I agreed with the majority in Velasquez, I think that the concluding paragraph of the Judge Ripple’s dissent also makes some good points:
“Immigration cases always pose a special burden on United States judges. As Jacques Maritain so eloquently put it: “We are all wounded souls.” See Jacques Maritain, Réflexions sur lʹAmerique 87–91 (1958). Every American, including every United States judge, has a family memory that includes ancestors who came from some place where life was not as good as it is here. The DNA of our national character makes it very difficult to tell an individual that he cannot enjoy the same liberty, safety, and security that we enjoy. When the individual suffers from a medical condition that cannot be treated as well in the country to which he is returned, basic humanitarian values make the task even more difficult. No doubt, those who must make necessary policy choices and those who must enforce those choices feel, or should feel, that same angst. But immigration must be regulated, and, in this Country, national policy is set by Congress and enforced by the Executive. Our own task as judges is limited. Because the immigration judge’s determinations were supported by substantial evidence, I respectfully dissent.”
