𝐗𝐗𝐗𝐗𝐗 “SEX & THE COURTHOUSE” 🤯 — A Tragicomic 🎭 Series Starring Judge Merrick Garland & DAG Lisa Monaco As Clueless Leaders Of A Failed Court System Where The Focus Is On Something Other Than Delivery Of Justice!

Sarah Jessica Parker
Sarah Jessica Parker will NOT be appearing in the Garland/Monaco production of “Sex And The Courthouse!”
Photo by Shawn Miller/Library of Congress. Public Domain.

Law360 (February 5, 2024, 6:23 PM EST) — The U.S. Department of Justice will pay $1.2 million to resolve a suit from a former staff assistant who said a California immigration judge routinely subjected her to explicit, lewd comments and once told her he would “make her straight” if they had sex.

By Grace Elletson

This article is “paywalled.” Those with Law360 access can get all the details.

But, the final settlement agreement is public and should give you a picture of  what’s happening inside Garland’s often-secretive and dysfunctional “courts.”

Escoto

The Plot

On January 22, 2021, two days after President Joe Biden’s inauguration, then SF Chron reporter Tal Kopan ran an extensive, well-documented expose of the widespread sexual harassment problems at EOIR, the home of the U.S. Immigration Courts at the USDOJ. The story was picked up by other publications. Also, it was highlighted in that day’s edition of “Courtside,” along with a strong suggestion for immediate action addressed to incoming AG Judge Merrick Garland and AAG Vanita Gupta (a former, now very former, “civil rights maven”), both of whom had been nominated but not yet confirmed. See  https://immigrationcourtside.com/2021/01/22/🇺🇸⚖%EF%B8%8Fnote-to-judge-garland-and-vanita-gupta-misogyny🤮-is-running-rampant-in-the-eoir-courts-soon-to-be-your/.

Tal Kopan
Tal Kopan, Deputy Washington Bureau Chief for the Boston Globe. As a reporter for the S.F. Chron in 2021, she ripped the covers off massive sexual harassment problems at EOIR.

Six months later, in apparent response to Tal’s article, Deputy AG Lisa Monaco pledged to root out sexual harassment at DOJ, formed a committee (a bureaucratic device often used for “task avoidance”), and directed it to report within six months. See https://immigrationcourtside.com/2021/07/31/⚖%EF%B8%8Ftal-sf-chron-gets-action-on-sexual-harassment-eoir-rest-of-doj-report-on-problems-in-immigration-courts-finally-spurs-positive-response-but-biden-continue/.

Lisa Monaco
Lisa Monaco, Deputy AG. In apparent response to Kopan’s expose, Monaco established a committee to look into sexual harassment at EOIR and the rest of DOJ. But, not surprisingly, the recent $1.2 million settlement with a former EOIR female staff member shows that complaints languish, resolutions are opaque, and wronged individuals have to force action by suing in Federal Court! 
Official USG Photo, Public Realm

It now appears that Monaco’s efforts at reform have been just as lackadaisical as her implementation of Biden’s Executive order on regulations improving the treatment of gender-based claims at EOIR and elsewhere in Government, and her and her boss’s disturbingly inept approach to EOIR reform generally! 

True, many of the actual incidents covered by the complaint in this case happened before Biden took office. See https://immigrationcourtside.com/2023/05/04/%F0%9F%A4%AF-former-employees-explosive-federal-court-allegations-not-everyone-in-eoir-management-focused-on-guaranteeing-fairness-due-process/. But, the plaintiff’s termination by EOIR and her filing of administrative complaints that appear to have been “brushed off” by DOJ took place in 2021 and 2022, after Garland and Monaco assumed office and well after the endemic problems with sexual harassment at EOIR were public knowledge. 

Yet, even with clear notice of the festering problems and an opportunity to address them in a way that would “change culture,” it required the institution of a Federal lawsuit by the plaintiff to obtain action and an effective remedy, almost three years after her termination.

Alfred E. Neumann
After years of overt anti-asylum bias and misogyny from Sessions and Barr, long suffering respondents, practitioners, and many EOIR employees expected a “due process/good government renaissance” under former Federal Judge and Supreme Court nominee Merrick Garland. However, despite a few improvements, Garland has “floated above” the chaos and lack of quality control that daily vex and plague those trapped in his dysfunctional, hopelessly backlogged “courts.”
PHOTO: Wikipedia Commons

It’s difficult to quantify the actual costs of EOIR mismanagement by Garland and his political lieutenants. After all, how do you put a money value on wrongful deportations, denial of constitutional rights, being subjected to substandard anti-immigrant decision making, bad precedents, “Aimless Docket Reshuffling” (“ADR”) on steroids, poorly trained judges, years stuck in limbo without the relief to which you are entitled, the effect of statistics manipulated to downplay the number of legal refugees stuck in EOIR’s hellish 3 million+ backlog, “courts” intentionally located in obscure inaccessible locations within the “New American Gulag” (“NAG”) run by DHS, and the overall “customer unfriendly” and often intentionally coercive mess to which those who practice before EOIR and those whose fate is in EOIR’s hands are subjected every working day? You can’t!

Nor is the waste of finite USG resources on chronic structural inefficiencies, boneheaded schemes to expedite dockets as “deterrents,” and ill-advised “defenses of the indefensible” in Federal Courts easy to value. But, in this case, we can quantify the cost to taxpayers of Garland’s and Monaco’s poor leadership — $1.2 million!

I wonder how many qualified accredited representatives a real problem solver and due process innovator like Professor Michele Pistone at VIISTA Villanova could train with that kind of money? 

The poor leadership of Garland on immigration matters and the lousy performance of EOIR continue to be drags on the Biden Administration and our justice system. It didn’t have to be this way!

No Longer in the Cast: Former Associate AG Vanita Gupta, who left DOJ after three years of “failing to connect the dots” among civil rights, the rule of law, and the glaring violations of human rights and due process taking place at EOIR and the rest of the immigration bureaucracy. Literally, these abuses took place right under her nose, but apparently below her radar screen!

During Gupta’s tenure, the already horrible treatment of asylum seekers and other migrants of color within EOIR and the immigration bureaucracy actually deteriorated in many ways. Gupta is a sad, yet classic, example of what routinely happens to progressives once they are invited into the “halls of power” within the Government: They get co-opted into defending the status quo and the dangerous fiction of “revolution by evolution.” See, e.g., Perry Bacon, Jr., https://www.washingtonpost.com/opinions/2024/02/06/equity-diversity-inclusion-progressivism-limits/.

Just ask neo-Nazi Stephen Miller how “revolution” really works! He spent every day of his tenure in the Trump Administration single-mindedly working to dehumanize and demonize immigrants, particularly those of color and women, and to strip them of their already overly-limited rights. He paid no attention whatsoever to criticism, naysaying, and resistance from within or without. He took every “defeat” in Federal Court as an invitation to do something even worse and more outrageous.

While Gupta, despite her lofty position and civil right creds, was unable to materially improve the situation of migrants, Miller undid decades of progress on due process, racial justice, gender justice, and good government. Much of the damage he inflicted remains imbedded in the system, at DOJ, DHS, and elsewhere, as do many of those who willingly and enthusiastically assisted him.

The contrast between Gupta’s and Miller’s accomplishments and government “legacies” is a stunning illustration of the difference between Democrats and Republicans when it comes to immigrants’ rights, human rights, and racial justice — the fundamentals of governing. Democrat “political strategists” are belatedly “wondering and wandering” what to do about an “enthusiasm gap” with their core progressive voters who put Biden and Harris in office. The answer is staring them right in the face: Results matter!

🇺🇸 Due Process Forever!

PWS

02-09-24

 

A PWS MINI-ESSAY: “COMPREHENSIVE YET SUPERFICIAL: NYTimes History Misses The Point Of Why The Border Continues To Vex U.S. & Kill The Most Vulnerable!“

Border Death
Something is definitely wrong with this deadly “border vision” promoted by pandering politicos and the mainstream media! Could it be reality, humanity, and opportunity? This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.

COMPREHENSIVE YET SUPERFICIAL: NYTimes History Misses The Point Of Why The Border Continues To Vex U.S. & Kill The Most Vulnerable!

By Paul Wickham Schmidt

Courtside Exclusive

January 31, 2024

Alexandria, VA. This is a long and informative article: https://www.nytimes.com/2024/01/30/us/politics/biden-border-crisis-immigration.html?smid=nytcore-ios-share&referringSource=articleShare. But, it’s not helpful if we want to bring “order to our border.”

So, let’s just focus on the real problem:

People close to Mr. Biden said he had always supported enforcing the law. Some of his top aides, such as Susan E. Rice, who served as his domestic policy adviser until last summer, and Jake Sullivan, his national security adviser, embodied that tough-minded approach.

“Migrants and asylum seekers absolutely should not believe those in the region peddling the idea that the border will suddenly be fully open to process everyone on Day 1,” Ms. Rice had said early on in Mr. Biden’s presidency.

Contrary to these border myths, which the NYT article does not really adequately take on, “the law” requires that individuals be given a chance to apply for asylum regardless of “status” and “entry point.” Congress provided a “quick screening” process called “credible fear” to deal with “mass migration” situations.

Assuming for the sake of argument that “the law” also requires that individuals be “detained” while credible fear screening and adjudication of claims by those who pass takes place, four elements are necessary for the legal system to work in a fair and timely manner.

  1. Humane, NGO-operated reception centers, with on-site representation available, in locations preferably removed from the immediate border for screening to take place; 
  2. A huge corps of true expert Asylum Officers to do credible fear screening and outright grant clearly valid cases wherever possible; 
  3. A large corps of true expert Immigration Judges and BIA Appellate Judges to guide Asylum Officers, review their work, and, where the case can’t be granted at first instance, conduct timely full adjudication of claims for those who pass credible fear, prioritizing those claims most likely to succeed; 
  4. A functional resettlement program for those granted asylum and those whose cases require more in-depth process.

These four steps are the core of what real law enforcement at the border is all about! Prioritize them, accomplish them, and the other pieces will fall in place. 

Contrary to Susan Rice, Jake Sullivan, and what the NYT article suggests, a plan to accomplish this 1) isn’t rocket science; 2) does not require legislation; and 3) needed to be “ready to go” with dynamic, courageous, due-process-focused leadership on Day 1 of the Administration or very shortly thereafter.

As always in Government, it’s a question of priorities, courage, and leadership. Despite the “overabundance” of proven, creative legal and administrative talent then in the private sector, most of whom were available to assist Biden, the Administration was not “ready to roll” with this program on Day 1 (as Steven Miller was with his vile “kill asylum and asylum seekers” agenda). 

Sadly, even today, the Administration has not come close to putting in place any of these four critical requirements for success. It was highly predictable to any informed expert that forced migrants would continue to arrive at the border in large numbers and that GOP White Nationalists would “leverage” the Administration’s failure to achieve order at the border.

There is something else that’s completely predicable: That, if passed (a big if), the “nativist-driven compromise” now being “debated” by Congress and the Administration will NOT solve the humanitarian issue of forced migration BUT WILL create more death, trauma, and failure at the border and beyond. 

Until America elects humanitarian-focused, problem-solving leaders with the vision to regularize fair asylum processing and the courage and skills to implement it, our border will continue to be a godawful mess: Just as GOP White Nationalists want! And, the great opportunity presented by talented asylum seekers who want only to save their and their families’ lives while helping us succeed will be squandered. 

🇺🇸 Due Process Forever!

PWS

01-31-23

 

🇺🇸ROBERT REICH: THE REAL THREAT TO NATIONAL SECURITY IS TRUMP/MAGA BORDER BS 🏴‍☠️: ‼️”Since he entered politics, Donald Trump has fanned nativist fears and bigotry. Now he’s moving into full-throttled neofascism, using the actual language of Hitler to attack immigrants!”🤮

Robert Reich
Robert Reich
Former US Secretary of Labor
Professor of Public Policy
CAL Berkeley
Creative Commons License

Reich writes on Substack:

https://substack.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.pFgdPGiZaWguI8B4HaJ1QZ0qI3oVZMTyRpUJ6dNXc1I?

Friends,

The long-awaited bipartisan Senate deal on immigration contains no real reforms, such as a pathway to citizenship for undocumented immigrants. It’s all about “securing” the border.

pastedGraphic.png

Biden and Senate Democrats have caved to Senate Republican hardliners. Among other restrictions, the bill would make it much harder for people to apply for asylum.

On Friday evening Biden called the bill “the toughest and fairest set of reforms to secure the border we’ve ever had in our country.”

Then Biden went further — endorsing a full border shutdown. He said the bill “would give me, as President, a new emergency authority to shut down the border when it becomes overwhelmed. And if given that authority, I would use it the day I sign the bill into law.”

I very much doubt Biden would shut the border if he signs this bill into law.

So what’s going on here? The underlying politics here has nothing to do with funding Ukraine. It doesn’t have to do with reforming immigration. It doesn’t even have much to do with the practical challenge of securing the border.

It has everything to do with the 2024 election, in which border security has become a big issue.

The nation does have to take reasonable action to stem the illegal flow of immigrants. But Trump has stoked American’s fears with lies (see below).

Trump and Biden are engaged in a giant pre-election kabuki fight over the border.

Biden wants to take the border issue away from Trump and figures this bill will do it. Which is exactly why Trump doesn’t want the bill enacted. “As the leader of our party, there is zero chance I will support this horrible, open-borders betrayal of America,” Trump said on Saturday. “It’s not going to happen, and I’ll fight it all the way.”

Trump says he welcomes criticism from GOP senators. “Please, blame it on me. Please, because they were getting ready to pass a very bad bill.”

House Speaker Mike Johnson, Trump’s lapdog-in-chief, says the bill is “dead on arrival” in the House. Besides, he now says, it isn’t needed because Biden already has all the authority he needs to close the border.

Um … just last year, Johnson argued that Congress must tighten immigration laws to strengthen the president’s hand. When he was president, Trump sought similar additional authority from Congress.

Meanwhile, House Republicans are about to begin impeachment proceedings against Alejandro Mayorkas, homeland security secretary, for allegedly being too soft on border security — even though Mayorkas worked with Senate Republicans to come up with this hardline border deal.

We need to deal with the border, but Republicans are now the ones sitting on their hands because they’re beholden to Trump. We also need to deal with immigration in a humane way by offering a broad and reasonable path to citizenship, but Democrats seem to have forgotten this basic goal.

The public, meanwhile, is utterly confused by Trump’s demagoguing. Here are Trump’s biggest lies, followed by the truth.

Trump claims Biden doesn’t want to stem illegal immigration and has created an “open border.”

Rubbish. Since he took office, Biden has consistently asked for additional funding for border control.

Republicans have just as consistently refused. They’ve voted to cut Customs and Border Protection funding in spending bills and blocked passage of Biden’s $106 billion national security supplemental that includes border funding.

Trump blames the drug crisis on illegal immigration.

Bull. While large amounts of fentanyl and other deadly drugs have been flowing into the United States from Mexico, 90 percent arrives through official ports of entry, not via immigrants illegally crossing the border. Research by the conservative Cato Institute found that more than 86 percent of the people convicted of trafficking fentanyl across the border in 2021 were U.S. citizens.

Trump claims that undocumented immigrants are terrorists.

Baloney. America’s southern border has not been an entry point for terrorists. For almost a half-century, no American has been killed or injured in a terrorist attack in the United States that involved someone who crossed the border illegally.

Trump says undocumented immigrants are stealing American jobs.

Nonsense. Evidence shows immigrants are not taking jobs that American workers want. The surge across the border is not increasing unemployment. Far from it: Unemployment has been below 4 percent for roughly two years, far lower than the long-term average rate of 5.71 percent. It’s now 3.7 percent.

Trump claims undocumented immigrants are responsible for more crime in America.

More BS. In fact, a 2020 study by the Proceedings of the National Academy of Sciences, cited by the Department of Justice, showed that undocumented immigrants have “substantially” lower crime rates than native-born citizens and legal immigrants. Despite the recent surge in illegal immigration, America’s homicide rate has fallen nearly 13 percent since 2022 — the largest decrease on record. Local law enforcement agencies are also reporting drops in violent crime.

Since he entered politics, Donald Trump has fanned nativist fears and bigotry.

Now he’s moving into full-throttled neofascism, using the actual language of Hitler to attack immigrants — charging that undocumented immigrants are “poisoning the blood of our country” and saying they’re “like a military invasion. Drugs, criminals, gang members and terrorists are pouring into our country at record levels. We’ve never seen anything like it. They’re taking over our cities.” He promises to use the U.S. military to round up undocumented immigrants and put them into “camps.”

The parallels with Nazi Germany are chilling. In 1932, the canny Nazi propagandist Joseph Goebbels called for “a thick wall around Germany,” to protect against immigrants. “Certainly we want to build a wall, a protective wall.”

Trump and his enablers want us to forget that almost all of us are the descendants of immigrants who fled persecution, or were brought to America under duress, or simply sought better lives for themselves and their descendants.

Immigration has been good for America. As the median age of Americans continues to rise, we’ll need more young people from around the world.

The central question shouldn’t be how to secure our borders. It should be how to create an orderly and humane path to citizenship.

Share

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Kabuki
“Kabuki Theater” with human lives! The REAL “national security threats” — Trump, Abbott, DeSantis, and their MAGA toadies like MAGAMike — subvert our democracy in plain view! 
ATTRIBUTION: Creative Commons 2.0

Lost in the overheated and too often misleading media hype of this issue is a simple truth: Congress and Administrations of both parties have failed to fulfill our Government’s duties under international and domestic laws (which are based on international requirements) to establish a fair, generous, expert, timely asylum adjudication system — one that complies with due process and actually gives asylum applicants the required “benefit of the doubt.”

Now, in a show of supreme political cowardice, egged on by the White Nationalist right and their lies, politicos of both parties and in all three branches of Government seek to cover up their failure by punishing and endangering the lives of their victims! The latter are legal asylum seekers — human beings — who overwhelmingly present themselves to authorities at the border in an orderly fashion to get a fair adjudication of their claims. Our Government routinely denies them that fundamental right through ridiculous delays, bad precedents, poor quality adjudications, underfunding, deficient leadership, and coercive gimmicks like bogus prosecutions, imprisonment, denial of access to counsel, and illegal and immoral family separation.

Meanwhile, Dems are failing to stand up for the human and legal right to seek asylum, which is being violated right and left and which the “Senate compromise” promises even more scofflaw violations of human rights and basic human dignity. 

We can diminish ourselves as a nation, but it won’t stop human migration — particularly forced migration!

🇺🇸Due Process Forever! MAGA Fascism Never!

PWS

01-30-24

🇺🇸🗽⚖️👏 ROBERT REICH EXPOSES THE GOP’S BIG LIES ABOUT THE BORDER!

Robert Reich
Robert Reich
Former US Secretary of Labor
Professor of Public Policy
CAL Berkeley
Creative Commons License

“The GOP’s five biggest border lies debunked!” Here’s the video:

https://youtu.be/vJwom3uYyV8?si=adufn9c400aRzSFK

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

Unfortunately, the GOP’s “big lie campaign” works! Truth, by contrast, apparently has little power to persuade. 

Heck, 14 so-called “Democrat” Reps voted for the GOP’s disingenuous White Nationalist border agenda! https://www.politico.com/live-updates/2024/01/17/congress/house-gop-biden-border-rebuke-dems-00136221.

That’s something for human rights activists and progressives to remember when some of these same spineless folks pelt your inbox with requests for your hard-earned dollars and your vote to help them save democracy — a democracy that they and their GOP nativist buddies don’t really believe in or defend!

And, it’s not like the Administration can explain their border policies either! They would just like to change the topic. Biden won’t defend his own policies and is looking to cut a deal with the GOP to trade the lives and human rights of asylum seekers for bombs and guns for Israel and Ukraine! See https://www.nbcnews.com/politics/white-house/biden-says-senate-may-come-border-deal-early-week-rcna134832.

Another example of truth losing out: Despite irrefutable evidence to the contrary, a substantial majority of GOP voters believe Trump’s “stolen election” lies. https://www.poynter.org/fact-checking/2022/70-percent-republicans-falsely-believe-stolen-election-trump/. And, whether or not they actually believe Trump’s falsehoods, almost no GOP office-holders, at any level, have the guts to challenge his absurdist claims.

Indeed, in one of the very few documented examples of voting irregularities, a Virginia county shorted President Biden more than 1,000 votes which would have increased his margin of victory over Trump. See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwin8b6Rn-yDAxUOFVkFHVOyAeUQFnoECBAQAQ&url=https%3A%2F%2Fapnews.com%2Farticle%2Fvirginia-election-errors-biden-trump-6555f052332d06c83ef797852f81fa72&usg=AOvVaw0j63WbXyd0xLTmDhe0Lz3f&opi=89978449.

🇺🇸 Due Process Forever!

PWS

01-20-24

⚠️ STRONG ECONOMY, LOW UNEMPLOYMENT, RISING WAGES, FALLING INFLATION — WITH NO REAL ISSUES & NO POSITIVE ACHIEVEMENTS, GOP’S 2024 MAGA CAMPAIGN FOCUSES ON LIES & HATE DIRECTED @ MIGRANTS! — Here’s The Truth About The Border & Immigration We Need To Keep Emphasizing!

Stephen Miller Monster
This guy’s ugly presence and vile racist views hang over the 2024 election campaign and Congressional negotiations. Why? Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

From Popular Information/Substack:

Chicago in January with flip flops

JUDD LEGUM, TESNIM ZEKERIA, AND REBECCA CROSBY
JAN 4

Texas Governor Greg Abbott (R) says he has transported 95,000 migrants from the Texas border to New York, Washington, DC, and other cities. On New Year’s Eve, Abbott flew hundreds of migrants — including many children — to the Rockford airport in Illinois, 30 miles outside of Chicago. It was snowing upon their arrival, and some of the migrants had no coats or shoes. Others were wearing flip-flops. The migrants were then loaded onto buses chartered by Abbott and dropped off in various suburbs.

Abbott says that he is transporting migrants to “sanctuary cities” as punishment for the cities’ permissive policies. A “sanctuary city” is a derisive term used by the right to describe a city that chooses not to volunteer local law enforcement resources to assist federal immigration agents. But in this case, the issue is largely irrelevant. The overwhelming majority of people being used as pawns by Abbott are in the United States legally.

One approach to deterring migrants is ignoring human rights and making the ordeal as traumatic as possible. That appears to be Abbott’s strategy. But it is not the law.

The Refugee Act of 1980, which passed Congress unanimously, gives migrants inside the United States the right to claim asylum based on “a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” It was enacted “in part to make amends for the country’s shameful refusal to accept Jewish refugees during the Holocaust.”

Previously, most people seeking to cross the southern border of the United States came from Mexico. They were generally seeking seasonal work inside the United States and, therefore, sought to evade detection by U.S. Customs and Border Protection (CBP). But beginning in 2010, there was an influx of migrants from Central America fleeing gang violence, racial discrimination, and extreme poverty. More recently, political and economic disruption has prompted an increase in migrants from Venezuela, Cuba, Nicaragua, and Haiti. These new migrants are seeking legal asylum and want to present themselves to border agents — not evade them.

Migrants are being transported by Abbott to places where housing is expensive and in short supply. Most asylum-seekers would like to work to support their families, but the law does not allow them to receive a work permit for 180 days. Because of bureaucratic delays, asylum-seekers often wait a year or more before they are able to work legally.

Abbott also says his efforts are in protest of President Joe Biden’s “open border policies.” Biden has not opened the border. He did recently repeal Title 42, the Trump-era program that denied migrants the right to seek asylum, citing the public health emergency created by the COVID pandemic. Title 42 was legally questionable from the outset, but its continued use after other pandemic-related restrictions were lifted was indefensible. Title 42 also encouraged repeated border crossings. After Title 42 was imposed, “migrant encounters reported by CBP increased every month for 15 straight months.” Under Title 42, many migrants were deported immediately, and no record was created. This meant there was an incentive for migrants to attempt to cross the border again and again until they were successful.

Despite the rhetoric of Abbott and other prominent Republican officials, Biden has taken a hard line against migrants. Some advocates believe that Biden’s efforts to deter migrants from crossing the southern border have exceeded his legal authority.

The truth about Biden’s immigration policy

During his campaign for president in 2020, Biden vowed to undo Trump-era immigration policies. His promises included not building “another foot of wall” on the border and a pledge to stop using private prisons as immigration detention centers. On day one of his presidency, Biden proposed legislation “to restore humanity and American values to our immigration system.” His plan, known as the U.S. Citizenship Act of 2021, would have created pathways to citizenship for undocumented immigrants, increased assistance to Central America, and strengthened oversight and accountability of border operations.

The bill, however, died in Congress. Since then, Biden has only managed to make modest changes to immigration — like overruling Trump’s Muslim Ban and creating a task force to reunify separated migrant families. For the most part, experts say, Biden has continued many of Trump’s policy decisions.

Earlier this year, for example, Biden imposed new restrictive rules for asylum seekers who are not from Mexico. Dubbed by critics as the “Asylum Ban,” the rule assumes most migrants are ineligible for asylum and were similar to ones previously proposed (but never implemented) by Trump. In most cases, migrants will only be considered for asylum if they make an appointment in advance through a smart phone app, CBP One. There are far more people seeking asylum each day than appointments available through the app. In October 2023, the Biden administration announced that it was waiving 26 federal laws to construct up to 20 miles of the border wall in Texas.

A Washington Post analysis found that “nearly 18,000” family members were deported in fiscal year 2023 – about 3,000 more than were deported under Trump in fiscal year 2020. Since Biden took office, the number of migrants detained by ICE has also more than doubled. The majority of these people, the ACLU says, are held in private detention facilities. According to the group, the share of migrants detained in facilities “owned or operated by private prison corporations” has increased under Biden. In some instances, the administration has even kept open detention facilities “that its own oversight agencies have recommended for closure in light of abusive conditions and safety risks.”

Last month, immigration advocacy groups alleged in a federal complaint that officials have “forced asylum seekers to remain in CBP custody in open-air detention sites along the U.S.-Mexico border in California.” The group accuses CBP agents of forcing migrants to wait in “dangerous, exposed conditions” and “failing to provide the adequate food, water, sanitation, shelter, and medical care required under the law.” So far, at least one migrant has died while waiting outside.

Texas passes its own immigration law

On December 18, Abbott signed a law, Senate Bill 4 (SB 4), that will allow state law enforcement to arrest migrants in Texas. The new state law would make it illegal to cross into Texas from Mexico without using an official port of entry. This practice is already illegal under federal law. But now state law enforcement officers will be permitted to arrest individuals based on their suspected immigration status.

Migrants who violate SB 4 could be “charged with a Class B misdemeanor, which carries a punishment of up to six months in jail.” Repeat offenders could face a second-degree felony charge, which carries a prison sentence of up to 20 years. Charges may be dropped by a judge if the individual agrees to return to Mexico. The law is scheduled to take effect on March 5.

SB 4 includes exceptions for migrants in “public or private schools; churches and other places of worship; health care facilities; and facilities that provide forensic medical examinations to sexual assault survivors,” but does not protect those on college or university campuses. The law does not require that law enforcement officers complete any additional training on immigration law, “despite the fact it would authorize them to quickly make decisions about a person’s immigration status.”

Opponents argue that SB 4 is unconstitutional because the federal government, not Texas, is responsible for enforcing immigration laws. On December 28, the Justice Department sent a letter to Abbott stating that SB 4 “violates the United States Constitution.” Yesterday, the Justice Department filed a lawsuit against Texas and Abbott. The lawsuit states that “Texas cannot run its own immigration system” and that SB 4 “intrude[s] on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate[s] the United States’ immigration operations and proceedings, and interfere[s] with U.S. foreign relations.”

The lawsuit cites Arizona v. United States, a 2012 Supreme Court case in which the Court struck down aspects of a similar Arizona law that aimed to establish immigration enforcement at the state level. In the case, the Court “declared most of [the law] unconstitutional under the federal government’s preemptive power over immigration.”

In response to the December letter, Abbott posted on X, the platform formerly known as Twitter. “The Biden Admin. not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration,” Abbott said in the post. According to NBC 5 Dallas-Fort Worth, when signing SB 4 into law, Abbott said, “We think that Texas already has a constitutional [right] to do this but we also welcome a Supreme Court decision that would overturn the precedent set in the Arizona case.”

Support accountability journalism

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pastedGraphic_1.pngCOMMENT

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HISTORICAL NOTE: The article states that the Refugee Act of 1980 “passed Congress unanimously.” But, that isn’t completely accurate.

There was indeed very strong bipartisan support for that Act. It passed the Senate, 88-0. 

A different version of the bill overwhelmingly passed the House, 328-47. Therefore, a Conference Committee was formed to resolve differences.

The Conference Committee report largely adopted the Senate version. The Conference bill unanimously passed the Senate again. But, the vote in the House was closer, 207-192, with 34 Representatives abstaining.

The above summary was reconstructed from the outstanding historical article by refugee guru Professors Deborah Anker and Michael Posner in the San Diego Law Review (1981) with an assist from my own recollection of events in which I long ago participated. https://digital.sandiego.edu/cgi/viewcontent.cgi?article=1735&context=sdlr.

Another helpful resource that I consulted is Ballotpedia. 

https://ballotpedia.org/Refugee_Act_of_1980.

The Popular Information article reprinted above does very accurately set forth the lies, misinformation, and invidious intent behind the GOP’s attack on and attempt to dehumanize legal asylum seekers! 

When a party has no issues, no accomplishments, and no plans for governing in a responsible way, “ginning up” hate, resentment, and “revenge” with lies, misrepresentations, and myths becomes a “strategy.” And somehow, the mainstream media largely falls for it.

🇺🇸 Due Process Forever!

PWS

01-06-24

☠️⚰️🤯 MARY MEG McCARTHY @ CHI SUN TIMES:  Elected Officials Must Be Held Accountable 👎 For Unnecessary Migrant Deaths!

Mary Meg McCarthy
Mary Meg McCarthy
Executive Director
National Immigrant Justice Center
PHOTO: Linkedin
Remain in Mexico
A girl peers out from an encampment at the U.S.-Mexico border where she and several hundred people waited to present themselves to U.S. immigration to seek asylum. Politicos of both parties disgracefully treat the lives of asylum seekers as “collateral damage” and apparently expect no consequences from their deadly, inhumane, and often illegal actions against legal asylum seekers!  / Photo by David Maung

https://chicago.suntimes.com/2023/12/21/24007965/migrant-death-jean-carlos-martinez-rivero-immigration-chicago-city-council-israel-gaza

Elected officials must act to prevent more migrant deaths

The United States has the resources to welcome new neighbors, but it is going to take cooperation, from the White House to the mayor’s office, to prevent further loss of life and improve safety for migrants.

By  Letters to the Editor   Dec 21, 2023, 3:32pm CST

It was heartbreaking to learn of the death of 5-year-old Jean Carlos Martinez Rivero, who had been living with his family at a privately contracted Chicago migrant shelter. This tragedy must be a wakeup call for all levels of government to start working together to protect people’s basic human rights at a time of increasing global humanitarian displacement.

For months, community members raised concerns about conditions inside the city’s shelters and volunteered to help better meet migrants’ basic needs. The accounts of life inside the shelter now coming to light are disturbingly similar to those that my colleagues at the National Immigrant Justice Center hear from clients held in immigration detention centers.

The city and the companies profiting from shelter contracts must be held accountable.

No doubt, the city has been forced to face the unprecedented challenge of welcoming thousands of new neighbors with minimal support from the federal government. The Biden administration and Congress must also be held accountable to repair the broken immigration system, support cities like Chicago that are welcoming migrants, and provide legal pathways so new arrivals have access to employment, secure housing and safety.

Jean Carlos’ death occurred at the same time the Biden administration and some U.S. senators are considering signing off on extreme anti-immigrant legislation in exchange for military aid for Ukraine and Israel.

The proposals under negotiation would create permanent new barriers to asylum protection and put U.S. immigrant communities at heightened risk of mass deportations. The proposals are structured to put Black, Brown and Indigenous communities at most risk.

Biden seems to have lost sight of his prior promises to defend immigrants’ rights, not to mention the U.S. government’s obligations to uphold international human rights law. Chicagoans should be holding our own Sens. Dick Durbin and Tammy Duckworth accountable to loudly oppose these proposals.

The United States has the resources to welcome new neighbors, but it is going to take cooperation at every level — from the White House to the mayor’s office — to prevent further loss of life and improve access to safety for migrant communities.

Mary Meg McCarthy, executive director, National Immigrant Justice Center

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

Unfortunately, accountability seems unlikely unless it happens at the ballot box.  The GOP has become the party of inhumanity, irresponsibility, and immunity. And, although the Biden Administration and “wobbly” Dems tend to avoid overtly dehumanizing asylum seekers with their language, their actions and attitudes too often mirror those of Trump, Miller, and the GOP nativists. Indeed, quite disgustingly, politicos of both parties appear to expect to harvest political gains from the blood of migrants!   🤮

The Senate is basically engaging in “bipartisan” negations to knowingly and intentionally violate domestic and international protection laws, abrogate constitutional due process, and increase the number of unnecessary deaths of asylum seekers. That arrogant politicos, on both sides of the aisle, although primarily the GOP, openly advocate for such actions shows just how little fear of any type of accountability they have. 

In many ways, that’s precisely the message that Trump and his MAGAmaniacs have been pushing — intentionally hateful and inflammatory language, followed by horrible, sometimes deadly, actions with little or no fear of any type of accountability.  Sadly, the Dems seem to think that a program of cowardly acquiescence, rather than principled opposition, is the key to political success.

🇺🇸 Due Process Forever!

PWS

01–03-23

🤮☠️ AS CONGRESS ENGAGES IN TRUTH & REALITY FREE (NON) DEBATE ON HOW TO INFLICT MORE CRUELTY AND MAYHEM ON VULNERABLE ASYLUM SEEKERS, THE REAL IMMIGRATION PROBLEMS GO UNADDRESSED — “No Fair Day” Documents Continuing Abuse Of Kids In Immigration Court!

Stephen Miller Cartoon
Stephen Miller & Count Olaf. Despite promises to the contrary, the Biden Administration still channels Stephen Miller in its approach to kids in court. And, now they are working with GOP nativists and wobbly Dems in Congress to make things even worse, for kids and other asylum seekers! 
Evil Twins, Notorious Child Abusers

A new “white paper” investigation from UCLA Center for Immigration Law and Policy documents shocking abuses already being inflicted on children Immigration Court even as Congress and the Administration look for more ways to strip asylum seekers of legal rights and human dignity:

https://law.ucla.edu/sites/default/files/PDFs/Center_for_Immigration_Law_and_Policy/No_Fair_Day_Children_in_Immigration_Court_White_Paper.pdf

EXECUTIVE SUMMARY

This white paper provides a comprehensive assessment of the Biden

administration’s treatment of children facing removal in immigra-

tion court. While much attention has rightly been given to the Biden

administration’s border and asylum policy, less attention has been

paid to child-specific policies in immigration court. This matters

both because tens of thousands of removal orders have been issued

against children during the Biden administration, and because chil-

dren’s cases present unique legal issues—including most obviously

that children generally bear little, if any, legal responsibility for the

situations in which they find themselves.

We find that the Biden administration took important steps at the

outset to protect children in ways the prior administration did

not. The decision to exempt children from the border expulsion

policy known as Title 42 was particularly significant in this respect.

However, for children who were permitted to enter the system and

ordered to appear for proceedings in immigration court, the Biden

administration has largely continued the policies of previous admin-

istrations. Those policies have utterly failed to protect the rights of

children in court.

These failures are all the more striking because they have continued

even as the administration has signaled support for the principle

that children deserve legal representation in immigration court as

a matter of basic fairness. Department of Homeland Security Sec-

retary Mayorkas—the nation’s foremost immigration enforcement

official—has repeatedly stated that he does not believe children can

receive fair removal hearings without legal representation, even as

prosecutors under his purview have proceeded with thousands of

such hearings and obtained thousands of removal orders against

unrepresented children through those grossly unfair processes.

The administration’s policies toward children in immigration court

have far-reaching impacts. In the first five months of Fiscal Year 2022,

almost one third of all new cases in immigration court involved chil-

dren, including tens of thousands of children under the age of five.1

Some of these children are “unaccompanied” because they arrived

1 TRAC, One-Third of New Immigration Court Cases

Are Children; One in Eight Are 0-4 Years of Age

(Mar. 17, 2022), https://trac.syr.edu/immigration/

reports/681/.

NO FAIR DAY: THE BIDEN ADMINISTRATION’S TREATMENT OF CHILDREN IN IMMIGRATION COURT 3

alone, while others are in “consolidated proceedings” with their fami-

lies. The immigration system, and the Biden administration, has failed

both. Many of these children proceeded without counsel, and a huge

number of children have been ordered removed for failure to appear.

We explain why these two policies—the imposition of in absentia

removal orders against unrepresented children and the failure to

provide counsel—are unlawful, and we provide recommendations

for how the Biden administration can remedy this crisis.

. . . .

It should be obvious that immigration court proceedings are far too

complex for children to navigate without legal representation. As

Secretary Mayorkas acknowledged earlier this year, “a nine-year-old

child cannot navigate the immigration system.”44 Attorneys General

under the Obama administration made similar statements, as had

the government’s own expert in litigation challenging the failure to

provide counsel for children several years ago.45 Prior to that conces-

sion, one supervisory immigration judge was extensively ridiculed

for stating his view that he could teach three- and four-year-olds to

understand immigration law and represent themselves in immi-

gration court.46 Yet, despite the obvious absurdity of that view, the

Biden administration’s immigration courts—like the immigration

courts of all prior administrations—recognize no age below which

children cannot proceed without a lawyer in court.

. . . .

CONCLUSION

Despite taking some strong symbolic and practical steps in its early

days, the Biden administration has failed children in immigration

court under its watch. In the last three years, Immigration Judges

have issued removal orders against tens of thousands of children in

violation of basic due process principles. Though the administration

has not enforced most of those removal orders, nothing will stop a

future administration from doing so without ever providing those

children a fair day in court.

But there is time to reverse course. We urge the administration to

adopt the concrete recommendations laid out in this paper: prohibit

the issuance of in absentia removal orders against unrepresented

children; terminate the Dedicated Docket; and ensure legal represen-

tation for all children in removal proceedings. To do so would make

real the Biden administration’s promise of a fair and humane immi-

gration system for children.

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

Read the complete report at the above link.

This should be a fixable problem! Instead, Congress and the Administration are fixated on making things worse for children and other legal asylum seekers at the border. What’s happening in the Senate now is neither a “negotiation” nor does it have much to do with “national security.” 

It’s mostly about bullying the most vulnerable while diverting attention from the failure of all three branches of Government to address human migration and human rights in an rational, lawful, and constructive manner.

Artificially inflating and manipulating “in absentia” order statistics has been a long-time practice of EOIR under Administrations of both parties. The DOJ and EOIR use their own unfair procedures to paint a false picture of individuals evading the system. 

In reality, statistics show that the overwhelming majority of those able to secure representation and therefore understand the “system” want fair merits decisions on their asylum applications. 

But, as many who, unlike Garland and his minions, have actually practiced in the dysfunctional Immigration Courts know, getting a timely merits hearing on meritorious, already-prepared cases can be “mission impossible” in a system wedded to “Aimless Docket Reshuffling” and lacking in dynamic due-process-focused expert leadership!

Additionally, “notice” problems at EOIR are endemic — now reaching the Supremes for the third time (after being blown out on the first two trips) in a “supreme dereliction of duty” by Garland’s DOJ. Haphazard notice procedures and endless delays are also major contributors to the abuse of children in Immigraton Court. 

🇺🇸 Due Process Forever!

PWS

12-18-23

🗽 THIS BUDD’S FOR YOU! — Ex-Agent, Author, Border Expert Warns Dems Against Walking Into GOP Nativists’ “Border Trap!” — Once Again!🤯

 

FROM X:

Post

See new posts

Conversation

Charles Kuck reposted

I

pastedGraphic.png

Jenn Budd

@BuddJenn

A robust asylum system is essential to national security. A closed border is as dangerous as an open border. If you close the asylum system, they will just cross illegally. Republicans need the border out of control. This is a trap!

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

That’s it in a nutshell! Reality and practicality have nothing to do with it. It’s about the GOP creating chaos and fanning hate! Unhappily, Dems fall for it — every time! That’s why American democracy is on the ropes!   

The Dems have ready access to the greatest “treasure trove” of real life expertise and truth about the border in history. Yet, they routinely ignore it and let themselves be “hoodwinked” by GOP nativists peddling lies, hate, and myths. It’s seriously undermining our democracy while squandering human lives and potential!

There’s deep irony in “national security” being disingenuously parroted by a party lead by a demagogue who encouraged actual insurrection against the U.S. Government! Yet Dems and the “mainstream media” fall for it! Gimmie a break!

🇺🇸 Due Process Forever!

PWS

12-15-23

☠️🤯 HISTORIC SETTLEMENT OF FAMILY SEPARATION CASE SHOWS LEGAL & MORAL BANKRUPTCY OF TRUMP’S “OFFICIAL CHILD ABUSE PROGRAM!” — So Why Are Spineless Dems On The Hill & In The Biden Administration “Negotiating” With GOP Sponsors Of Even Worse “Crimes Against Humanity?”🤮 — “It does represent, in my view, one of the most shameful chapters in the history of our country,” U.S. District Judge Dana M. Sabraw said!

Maria Sacchetti
Maria Sacchetti
Immigration Reporter, Washington Post

Maria Sachetti reports for WashPost:

Federal judge approves settlement barring migrant family separations

A federal judge approved a settlement that prohibits U.S. officials from separating migrant families for crossing the U.S.-Mexico border illegally.

By Maria Sacchetti

https://www.washingtonpost.com/immigration/2023/12/08/trump-migrants-family-separations-biden/

Download The Washington Post app.

https://www.washingtonpost.com/immigration/2023/12/08/trump-migrants-family-separations-biden/

. . . .

The settlement involves a 2018 lawsuit filed by the American Civil Liberties Union to block the Trump administration’s “zero tolerance” policy, which called for separating parents from their children to prosecute the adults for crossing the border illegally. Officials sent parents to detention centers and children to shelters, without a plan to reunite them, under the policy. Some were apart for months, some for years.

“It does represent, in my view, one of the most shameful chapters in the history of our country,” U.S. District Judge Dana M. Sabraw said before he approved the settlement in a hearing that recalled the shock and disbelief surrounding the policy in 2018.

Under the settlement approved Friday, crossing the border illegally will no longer be a reason to separate a family, at least for the next eight years, which is how long that provision will last, lawyers said. The Justice Department has said the government will not prosecute parents for crossing the border without permission, a misdemeanor, or for the felony crime of reentering after being deported.

The settlement also offers aid to once-separated families so that they may apply to stay in the United States permanently. Those who were deported may apply to come back. Their immigration records will be cleared, giving them a fresh start on applying for humanitarian protection such as asylum.

Once they are in the United States, formerly separated families may apply for three-year work permits, six months of housing assistance and one year of medical care, according to the settlement. The families also are eligible for three years of counseling under the settlement.

Sabraw, a Republican nominee, declared the separations unlawful and ordered the families reunited in June 2018, after President Donald Trump halted the policy amid widespread condemnation.

Trump’s zero-tolerance policy ran from May to June 2018. Later, investigations determined that officials separated migrant families throughout Trump’s four-year term, which ended in January 2021.

Biden administration officials said the Trump administration separated more than 4,000 children from their parents, though past estimates have put that figure as high as 5,500. Lawyers for the ACLU, which represented the migrant families in court, estimated that as many as 1,000 children may still be separated from their parents. Advocates are trying to track them down.

The ACLU has called the case the most significant settlement in the organization’s 103-year history.

“This settlement brings much needed help to these brutalized children but there remains significant work to ensure that every family is now reunited and to monitor that no future administration tries to circumvent the agreement and reenact the same horrific policy,” Lee Gelernt, an ACLU lawyer and the lead counsel in the case, said in a statement.

. . . .

**********

Read the rest of Maria’s report at the link!

The human and fiscal costs of this illegal policy, developed and implemented by GOP White Nationalist child abusers, is beyond comprehension! Some of the damage can never be repaired!

Notably, there has never been any accountability for the architects of this clearly unconstitutional abuse and the Government attorneys who failed to do “due diligence” and misrepresented the facts surrounding child separation in Federal Court. The truth was only brought out when the ACLU was forced to do the DOJ’s job for it! It’s also curious how a prohibition on clearly unconstitutional conduct could have only an “eight year shelf life.”

But, there are even worse developments on the horizon — immoral, illegal, and unconscionable policies under consideration that will dwarf even this horrible episode in terms of  preventable deaths, disregard for humanity, dereliction of duty, moral cowardice, and degradation of our nation!   

Stephen Miller Monster
Why are Dems ignoring their “core supporters” and negotiating with this notorious human rights abuser! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

So why are Dem legislators and the Administration “negotiating” even more outrageous legal violations, moral transgressions, and human rights abuses with the GOP? Talk about “shameful!” If Dems don’t get some backbone and live up to their professed values and the law, “shameful” will have a whole new meaning!

Here’s a link to tell your Congressional representatives to “just say no” to the truly repulsive proposals to bully and inflict pointless harm on the most vulnerable and to arrogantly violate human rights on a massive scale being pushed by the  GOP and some so-called Dems.  https://lnkd.in/gp2RteRr.

 Trading away human rights that are not yours to dispose of for unrelated foreign military aid is beyond unconscionable! 🤮

🇺🇸 Due Process Forever!

PWS

12-09-23

👏⚖️ TELLING IT LIKE IT IS! — Immigration Guru & Pundit Dan Kowalski Slams The Immorality & Intellectual Dishonesty Of The Viral “Border Debate” In Congress!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan writes on Substack:

Let’s Abandon Ukraine So We Can Be Mean To Mexicans, et al.

Or, How To Further Debase Congress

pastedGraphic.png

DAN KOWALSKI

DEC 6, 2023

U.S. immigration law and policy, including border security and asylum, have nothing to do with Ukraine, NATO, Russia and Putin. Right?

Wrong, if you are a Republican in Congress. Here, let Sen. John Cornyn (R-TX) explain: “I think … Schumer will realize we’re serious … and then the discussions will begin in earnest.”

Thanks for reading Dan’s Substack! Subscribe for free to receive new posts and support my work.

Subscribe

If you are still having trouble with the concept, I’ll translate for you: “Yes, we understand and agree that Russia cannot be allowed to take over Ukraine, and we will fund aid to Ukraine, but in exchange, we insist on fundamental changes to our immigration laws to make sure no more Brown people come to America, starting right effing now.” (“Brown,” in this context, means anyone who is poor, Latin American, Asian, African, non-Anglophone…you get the idea.)

How will this play out in the next few weeks? I see three options: 1) Biden and the Dems cave, so the 1980 Refugee Act is scrapped, Dreamers get deported, the southern border is further militarized, and the economy tanks because a good chunk of the workforce is afraid to come to work; or 2) the GOP does a Tuberville and caves; or 3) the Unknown Unknown.

Stay tuned…

Thanks for reading Dan’s Substack! Subscribe for free to receive new posts and support my work.

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

Thanks for telling it like it is, Dan! There is no validity to the GOP’s attempt to punish asylum seekers by unconscionably returning them to danger and death with no process.

The cruelty and threat to life from forcing desperate seekers to wait in dangerous conditions in Mexico, pushing them to attempt entry in ever more deadly locations along the border, detaining them in inhumane substandard prisons in the U.S., and or returning them without meaningful screening by qualified independent decision-makers is overwhelming. That Congress, the Administration, and much of the “mainstream media” choose to ignore, and often intentionally misrepresent, truth and reality about the horrible human and fiscal wastefulness of “border deterrence” doesn’t change these facts!

Border Death
Casket makers expect a huge boon from the deadly “border negotiations” going on in the U.S. Congress. But, the bodies of many of the victims of U.S. cruelty and blatant trashing of human and legal rights of asylum seekers might never be located. Those about to be sacrificed for political ends have “no voice at the table.” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

The Administration’s three year failure to build a functional, robust asylum system at the border with humane reception centers, access to legal assistance, a rational resettlement system, and sweeping, readily achievable, administrative reforms and leadership changes at EOIR and the Asylum Office (as laid out by experts, whose views were dismissed) is also inexcusable. 

Yet, the media misrepresents this farce as a “debate.” It’s a false “debate” in which neither disingenuous “side” speaks for the endangered humans whose rights and lives they are bargaining away to mask their own failures and immorality.

🇺🇸 Due Process Forever!

PWS

12-08-23

🏴‍☠️ BLACK DECEMBER! — DEMS READY TO SELL OUT ASYLUM SEEKERS’ LEGAL & HUMAN RIGHTS TO GET WAR FUNDING DEAL? — Experts Rip GOP’s End Asylum Proposal, Even As Some Dems Signal Willingness To Cave!

Border Death
“Dems appear to have developed a bad habit of ‘‘bargaining away’ lives and rights that don’t belong to them in the first place.”  Taken at the Tijuana-San Diego border.
Tomas Castelazo. To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

https://apple.news/AV6SKpJ3_Sr6s28WOna6z1A

Jennifer Habercorn and Burgess Everett report for Politico:

A growing number of Senate Democrats appear open to making it harder for migrants to seek asylum in order to secure Republican support for aiding Ukraine and Israel.

They are motivated not just by concern for America’s embattled allies. They also believe changes are needed to help a migration crisis that is growing more dire and to potentially dull the political sting of border politics in battleground states before the 2024 elections.

“Look, I think the border needs some attention. I am one that thinks it doesn’t hurt,” said Sen. Jon Tester (D-Mont.), one of the Senate’s most vulnerable Democrats in next year’s midterm election.

Tester said he’s eager to see if a bipartisan group of negotiators can come up with an agreement on a policy issue as elusive as immigration. While he refused to commit to supporting a deal until he sees its details, he didn’t rule out backing stronger border requirements. And he’s not alone.

“I am certainly okay with [border policy] being a part of a national security supplemental,” said Sen. Tammy Baldwin (D-Wis.), another Democrat facing reelection next year. On changes to asylum policy, she said: “I would like to see us make some bipartisan progress, which has eluded us for years. The system’s broken.”

. . . .

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

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law

Meanwhile, the GOP’s proposal to essentially end asylum — going well beyond the unfair and unduly restrictive policies already imposed by the Administration — has been condemned in the strongest possible terms by human rights and immigration experts. For example, here’s what Professor Karen Musalo, Founder & Director of the Center For Gender & Refugee Studies at Hastings Law, and an internationally-renowned human rights expert, said yesterday:

CGRS Urges Senators to Reject GOP Push to End Asylum

Nov 28, 2023

As negotiations over President Biden’s supplemental funding request continue, the Center for Gender & Refugee Studies (CGRS) urges lawmakers to reject Republican-led proposals that would upend the U.S. asylum system and eviscerate life-saving protections for people fleeing persecution and torture.  If enacted, they would erase our longstanding tradition of welcoming asylum seekers and lead to the wrongful return of refugees to countries where they face persecution or torture, in violation of international law.

“These radical proposals amount to a complete abandonment of the U.S. government’s legal and moral obligations to extend protection to refugees fleeing persecution,” Karen Musalo, Director of the Center for Gender & Refugee Studies (CGRS), said today. “In practice, they would result in the persecution, torture, and deaths of families, children, and adults seeking safe haven at our nation’s doorstep. It is utterly shameful that Republican lawmakers are attempting to exploit the budget negotiations process to advance an extremist, anti-immigrant and anti-refugee agenda. The lives of people seeking asylum are not political bargaining chips. We urge lawmakers to join Senator Padilla and other congressional leaders in rejecting these cynical proposals.”

https://cgrs.uclawsf.edu/news/cgrs-urges-senators-reject-gop-push-end-asylum

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

Read the complete Politico article at the first link above.

To me, expressions like “attention” and “bipartisan progress” used by Dem politicos in connection with the Southern border are “code words” for appeasing the GOP nativist right by agreeing to “more border militarization” and “abrogation of the human rights of refugees and asylees!” 

I see little “attention” or “bipartisan progress” being discussed on measures that, unlike the GOP “end of asylum/uber enforcement” proposals, would actually address the humanitarian situation on the border (and elsewhere) in a constructive and positive manner:

  • More, better trained, expert Immigration Judges and Asylum Officers;
  • Organized resettlement assistance and expedited work authorization for asylum applicants;
  • Legal assistance for asylum seekers;
  • An independent Article I Immigration Court;
  • Revision of the refugee definition to more clearly cover forms of gender-based persecution;
  • Increased DHS funding for sophisticated undercover and anti-smuggling operations targeting smugglers and cartels;
  • Adjustment of status for long-term TPS holders.

These are the types effective measures that have long been recommended by experts, yet widely ignored or even directly contravened by those in power. The negative results of “enforcement only” and “extreme cruelty” at the border are obvious in today’s continuing humanitarian situation. 

The idea that a forced migration emergency will be “solved” by more draconian enforcement, eradication of human rights, and elimination of due process, as touted by GOP nativists, is a preposterous! Yet, many Dems seem ready, even anxious, to throw asylum applicants and their advocates under the bus — once again!

Unhappily, Congress and the Biden Administration have paid scant attention to the views of experts and those actually involved in relieving the plight of asylum seekers at the border. The politicos continue to dehumanize and demean forced migrants while stubbornly treating a human rights emergency as a “law enforcement crisis” that can be solved with more cruelty and repression.

As experts like Karen Musalo continue to point out, experience shows us that more deterrence and harshness will only make things worse, squandering resources and attention that could more effectively be used to address and alleviate unnecessary human suffering and finally making our refugee and asylum systems function in a fair and efficient manner. 

Yet, politicos are more interested in grandstanding, “victim shaming,” and finger pointing than in achieving success and harnessing the positive potential of forced migration for countries like ours fortunate enough to be “receivers” rather than “senders!” 

Ending asylum will NOT stop refugees from coming — at least in the long run. Every Administration manipulates or misrepresents statistics to show immediate “deterrent” effect from their latest restrictionist gimmicks (some ruled illegal by Federal Courts). But such “bogus successes” are never durable! 

As the current situation shows, decades of failed deterrence merely creates new flows, in different places, piles up more dead migrant bodies, and surrenders the control of border policies to smugglers and cartels. That, in turn, fuels calls by restrictionists and their enablers for harsher, crueler, and ever more expensive (and profitable to some) sanctions imposed on some of the world’s most vulnerable humans.

If asylum ends, America will find itself with a larger, less controllable reality of a growing underground population of extralegal migrants. Contrary to nativist alarmism, this population has remained largely stable recently. 

But, that will change as the legal asylum system contracts. Right now, most asylum seekers either apply at ports of entry (often undergoing unreasonable and dangerous waits and struggling with the dysfunctional “CBP One App”) or voluntarily surrender to CBP shortly after entering between ports. The GOP and Dem “go alongs” are determined to change that so that those seeking refuge will have no choice but to be smuggled into the interior where they can become lost in the general population. 

This, in turn, will fuel demands by GOP White Nationalists and their Dem enablers for even more expensive and ultimately ineffective border militarization. It will also turn DHS into an internal security police. 

Unable to “ferret out” and remove the underground population — because, in fact, they look, act, and are in many cases indistinguishable from native-born Americans and often perform essential services — they will concentrate on harassing and spreading fear among minority populations in America. Also, Trump has also promised that if re-elected, he will abuse his Executive authority to punish his critics and political opponents. Further empowerment of DHS in the interior would be handy in this respect.

Underground populations are also more susceptible to exploitation — another unstated objective of GOP restrictionist policies. What’s better for employers than a disenfranchised workforce who can be fired and turned over to DHS if they demand fair wages or better treatment? 

Senate Dems appear to be on the verge of doing precisely what Karen and other experts have repeatedly warned against: using the lives and rights of asylum seekers as a “political bargaining chip” to appease the GOP right and secure military funding for Israel and Ukraine. It’s exactly what happens when experts and those with “on the ground” experience dealing with forced migrants are “locked out of the room” where decisions are made!

While White Nationalist neo-fascists like Stephen Miller and his cronies have remained “at the heart” of GOP policy making on eradicating human rights and punishing asylum seekers, lifetime experts on human rights and asylum find themselves reduced to the role of “outside critics” and “kibitzers” as the Dem Administration and Senate Dems bumble along on the border and human rights. That’s a shame that will certainly diminish and threaten the future of American democracy! And, it’s hard to see how appeasing the GOP restrictionist right will help Dems in 2024!

🇺🇸 Due Process Forever!

PWS

11-29-23

 

☠️⚰️🤮⚠️ DEMS MUST PREPARE FOR AN UNRELENTING DOSE OF THE “BIG LIE” ABOUT “OPEN BORDERS” FROM GOP WHITE NATIONALISTS — Don’t Expect Much Help Or Honest Reporting From The So-Called “Mainstream Media!” — “Loud fantasies are expansively covered, while life-and-death stories, like those of that infant and her mother, are seldom reported and, if they are, quickly disappear,” Says The Border Chronicle! — “Roger That!” 

Border Death
This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

 

Todd Miller
Todd Miller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

https://open.substack.com/pub/theborderchronicle/p/the-open-border-farce?r=330z7&utm_medium=ios&utm_campaign=post

The “Open Border” Farce

In 2023, there were record contracts for private industry on the world’s deadliest land border.

TODD MILLER
NOV 9

This article is a collaboration between The Border Chronicle and TomDispatch, a great outlet which has been looking at U.S. foreign policy, the military industrial complex, the “forever wars,” climate change, and many other topics since 2001.

On September 23rd, at about 2:30 a.m., a Border Patrol surveillance camera captured two people crossing the international boundary between Mexico and the United States on the outskirts of Nogales, Arizona. A Border Patrol vehicle arrived quickly, but not before one of them had fled back into Mexico. When an armed agent stepped out, dressed in a forest-green uniform, he found a 16-year-old girl from Mexico softly crying, while holding her month-old baby swaddled in a blanket.

The agent commanded her to get in the vehicle. As they then drove to the Nogales Border Patrol station, the girl, he later reported, tried to speak to him in Spanish through the security partition that separated them. Her tiny daughter, she was telling him, was in distress. Cameras showed that the vehicle stopped for all of 10 seconds before continuing. The agent later claimed he couldn’t understand what she was saying and that he wanted to find a fluent Spanish speaker at the station. He didn’t realize, he insisted, that the infant was struggling to breathe, though the child soon died.

This hellish story of suffering at our border is but one of hundreds of similar tales of horror from 2023. They illustrate a fundamental truth about that border: it neither is, nor ever was, an “open” one in the Biden years, nor does the president faintly have an open-border policy, though prepare yourself to hear otherwise — over and over again — in Trumpublican campaign ads next year. They’ll repeat what party officials are already saying all too repetitively: that “President Biden’s radical open borders policies” have created “the worst border crisis in American history.” (While those are the exact words of House Oversight Committee chair James Comer, similar sentiments are already being offered by countless members of the GOP.)

Comer’s claim is, of course, no less predictable than the hardships migrants like that girl are suffering as they try to reach this country. While such border narratives traffic in the unreal, what is real either isn’t effectively reported or gets lost amid all the politically motivated noise. Loud fantasies are expansively covered, while life-and-death stories, like those of that infant and her mother, are seldom reported and, if they are, quickly disappear.

Barely a week before that 16 year old was desperately trying to communicate to the agent in Spanish, the United Nations International Organization for Migration (IOM) labeled the U.S.-Mexico border the world’s “deadliest migration land route.” In 2022, a record 853 remains of dead border crossers were recovered (and this is the U.S. Border Patrol’s figure, which is even higher than the IOM’s), dwarfing the record of 568 set the previous year. Such numbers, the IOM stresses, are known to be distinct undercounts, leaving all too many families pining for lost loved ones.

But those border fatalities weren’t the only record breaker. Another was confirmed just a week after medical personnel at the Nogales station rushed to treat that girl’s baby. The number of border contracts issued to private industry also set a new record. Like those deaths, such contracts soared in fiscal year 2023 to $9.96 billion, instantly stripping the previous high, also set last year, of $7.5 billion.

And mind you, those gifts to industry were made from the highest budget ever (including in the Trump years) for border and immigration enforcement: $29.8 billion. So, don’t for a second think that the U.S. has an “open” border.  In fact, it’s never been more fortified or — something few even bother to mention — more profitable, if you happen to be part of the border-industrial complex.

. . . .

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

Read the full article at the link. 

Maybe it’s because the victims are “only migrants, mostly people of color” and therefore not considered to be “real human beings” by some in the media; maybe it’s because getting the real story about the border requires intensive digging, intellectual expertise, and perhaps some danger; maybe it’s because editors are in search of alarmist “sky is falling” myths about the “border apocalypse” to attract readers, viewers, and “online hits;” maybe it’s because of a false belief that truth is “boring” and “doesn’t sell!”  

For whatever reason, the non-Fox networks (Fox is a primary purveyor of the “Big Lie” and the “Open Borders Fantasy”) and “mainstream media” do a really poor job on border reporting.

Those with even a passing familiarity with “talking heads” are no-doubt familiar with claims from nativist GOP politicos, righty reporters, and even some Dems about the mythical a “open borders!” None of these folks have recent experience helping asylum seekers trying to exercise their legal rights under domestic laws, international treaties, and our Constitution in a border system specifically designed to “discourage and deter” them, rather than identify and promptly grant the many legally sufficient claims for protection. 

By contrast, when is the last time you saw real experts — folks like Clinical Professor Steve Yale-Loehr, former Deputy UNHCR and Georgetown Law Dean Alex Aleinikoff, CGRS Director Karen Musalo, HRF Refugee Programs Director Eleanor Acer, UC Davis Law Dean Kevin Johnson, NIJC Executive Director Mary Meg McCarthy, Immigrant Defenders Executive Director Lindsay Toczylowski, Rep. Hillary Scholten (D-MI) or any of the other huge numbers of highly articulate, well-recognized, “hands on practical experts” on human rights and asylum appear on the “talking heads” to throw some truth and real light on this important, nearly totally misunderstood and intentionally misconstrued, issue that GOP nativists have thrust to the forefront of the 2024 campaign?

Meanwhile, Dems should NOT be “running away” from the realities and essential benefits provided by robust immigration and the cruel wastefulness and immorality of Trumps’s proposed neo-Nazi “crackdown” on all forms of migration (although, disgracefully, some Dems are doing exactly that, thus playing into the hands of GOP nativists for absolutely NO return).

Simon Rosenberg
Simon Rosenberg
Veteran U.S. Political Analyst
Hopium
PHOTO: Substack

Here are some ideas from Simon Rosenberg at Hopium on Substack on how Dems can make immigration a centerpiece for success in 2024:

Trump Goes To War Against Immigration and Immigrants – It’s Another Big 2024 Problem For Republicans – Here at Hopium we talk about how “Abortion and Treason” will make it very hard for Republicans to win in 2024. It’s possible Trump is now adding a third item to that rancid list – mass deportation. From a new NYT article, Sweeping Raids, Giant Camps, and Mass Deportations: Inside Trump’s 2025 Immigration Plans:

Former President Donald J. Trump is planning an extreme expansion of his first-term crackdown on immigration if he returns to power in 2025 — including preparing to round up undocumented people already in the United States on a vast scale and detain them in sprawling camps while they wait to be expelled.

The plans would sharply restrict both legal and illegal immigration in a multitude of ways.

Mr. Trump wants to revive his first-term border policies, including banning entry by people from certain Muslim-majority nations and reimposing a Covid 19-era policy of refusing asylum claims — though this time he would base that refusal on assertions that migrants carry other infectious diseases like tuberculosis.

He plans to scour the country for unauthorized immigrants and deport people by the millions per year.

To help speed mass deportations, Mr. Trump is preparing an enormous expansion of a form of removal that does not require due process hearings. To help Immigration and Customs Enforcement carry out sweeping raids, he plans to reassign other federal agents and deputize local police officers and National Guard soldiers voluntarily contributed by Republican-run states.

To ease the strain on ICE detention facilities, Mr. Trump wants to build huge camps to detain people while their cases are processed and they await deportation flights. And to get around any refusal by Congress to appropriate the necessary funds, Mr. Trump would redirect money in the military budget, as he did in his first term to spend more on a border wall than Congress had authorized.

In a public reference to his plans, Mr. Trump told a crowd in Iowa in September: “Following the Eisenhower model, we will carry out the largest domestic deportation operation in American history.” The reference was to a 1954 campaign to round up and expel Mexican immigrants that was named for an ethnic slur — “Operation Wetback.”

The constellation of Mr. Trump’s 2025 plans amounts to an assault on immigration on a scale unseen in modern American history. Millions of undocumented immigrants would be barred from the country or uprooted from it years or even decades after settling here.

Such a scale of planned removals would raise logistical, financial and diplomatic challenges and would be vigorously challenged in court. But there is no mistaking the breadth and ambition of the shift Mr. Trump is eyeing.

Despite being inhumane and jawdroppingly cruel, this plan is now a major political problem for an already struggling Republican Party for at least three main reasons:

Raids and Mass Deportations Are Deeply Unpopular – We have decades of polling on the forced removal of the 10m+ undocumented immigrants (almost all of whom are employed and pay taxes) in the US, and it is wildly unpopular, perhaps even more so than “abortion bans.” One example – in the 2016 exit polls, in the election that gave Trump the Presidency, the American people choose “offer legal status” to “deported to home country” 70%-25%. Republicans may have a slight advantage on immigration issue right now, but mass deportation is seen as an extreme position by the American people (rightly so). It was so unpopular that the anti-immigration movement dropped mass deportation as a goal, moving to the softer “attrition through enforcement,” or “self-deportation,” political strategy more than a decade ago.

Trump’s plan is another sign of how extremism and extremists have overtaken the party of Lincoln and Reagan.

As I document here, since 2005, when the national Republican Party began adopting a far harder line on immigration (Reagan, W. Bush and McCain were all immigration reformers), the 4 battleground states of the Southwest, AZ/CO/NM/NV, have drifted away from the Republican Party, becoming far bluer. In the last 2 elections we’ve seen the best Democratic performance in that region since the 1940s and 1950s, and a reminder that Biden got within 5 points of Trump in Texas in 2020. In the heavily Mexican-American parts of the country in particular raids and mass deportations are wildly unpopular.

It Was A Plan Like This That Caused The Big Hispanic Protests Across the US in 2006 – In 2005 the Republican House of Representatives bucked their President, George W. Bush, and passed a bill that called for the rounding up and mass deportation of the 11m undocumented immigrants in the country. It was the moment when the party of the Sun Belt and the West went from pro-immigration to deeply restrictionist. Over the next year huge protests against this bill and mass deportation erupted across the US, and Republicans became so spooked that we were able to pass a “comprehensive immigration reform” bill through a Republican Senate in 2006. That bill, like the 2013 immigration reform bill we passed through the Senate, was never taken up by the Republican House and it died.

But those protests did something important politically – after years of Republican gains with Hispanics under W. Bush, Hispanics ran back into the arms of Democrats in 2006 and they have essentially stayed there ever since. In the 2006 midterms Democrats won 69% of the Hispanic vote, among our best performances in recent decades.

In the four Presidential elections leading up to 2006 Democrats averaged 47% of the vote, and in 2004 we lost AZ/CO/NM/NV. In the four Presidential elections since 2006 Democrats have averaged 51% and in 2020 we won AZ/CO/NM/NV at the Presidential level for the first time since 1940. As the Hispanic population has grown across the US and in these states, our net vote margin with Hispanic voters keeps increasing, even if we lose a few points in vote share. As I show here, in 2004 the net Hispanic vote margin for Democrats was about 700,000 votes nationally, meaning we won 700,000 more Hispanic votes nationally than Republicans. In 2020 that number was at least 4.5m net votes across the US, with this same dynamic playing out in each state with large Hispanic populations (except Florida of course).

My instinct is that whatever advantage Republicans had on immigration, and whatever small gains they had made with Hispanic voters in recent years, is now gone.

This Plan Will Wreck The American Economy – In a time of existing wide scale worker shortages, removing 10-15m workers from the American economy in a short period of time would be national economic suicide, and will be seen that way by the business community in DC and in the battleground states. It’s just totally insane and extremist policy no matter how you look at it, and I think it could become as much of a drag on the GOP brand as abortion is now.

For a party which has lost the popular vote in 7 of the last 8 elections, lost the popular vote to Democrats 51%-46% over the past 4, lost the 2018/2019/2020/2022 and 2023 elections, has deep performance issues across the country even in red states since Dobbs, embracing mass deportations seems like a colossal political error.

It is another reason why I think our goal in 2024 should be not just to win, but to really go on offense, get to 55, and make this election an historic repudiation of the worst and most dangerous political party in our history. We can do this people!

Onward/Adelante – Simon

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It’s critical to remember that migrants aren’t the ONLY target of Trump’s neo-Nazism — they might not even be the primary ones! You can guarantee that many US citizens and lawfully present non-citizens of color will be caught up in the dragnet and sent off to deportation concentration camps where due process is non-existent. 

Others will simply avoid certain public places and activities for fear of being accosted. Still others will be forced underground because of fear of drawing attention to undocumented relatives or neighbors. Some U.S. citizens will fear voting, which indeed is a key part of the GOP plan to cement their “out of the mainstream” minority rule by suppressing suffrage! As those of us who adjudicated asylum claims know, many will fear reporting abuses or asserting rights to police who openly identify with their oppressors. Fear, despair, distrust, and resignation are key pillars of any authoritarian regime!

It’s attack on all people of color in America and those who might speak with an accent or dress differently from the GOP’s “White Christian Nationalist norms.” 

How many of us carry around documentation proving that our parents were U.S. citizens? Notably, although occupational status is often menioned on U.S. birth certificates, citizenship status is NOT. It’s not hard to guess who will be “required” to “document” their parents’ citizenship by Trump’s internal security police!

Trump and the GOP are an existential threat to U.S. democracy, human progress, and American leadership on the world stage. Don’t let them destroy OUR country and take away YOUR rights!

🇺🇸 Due Process Forever!

PWS

11-14-23

☠️🤮🤯 ‼️🆘 WARNING: TRUMP GOES “FULL HITLER” IN HATEFUL, UNHINGED VETERANS’ DAY RANT! — Why Aren’t The “Mainstream Media” & U.S. Voters Takng This Assault On Humanity, Decency & Democracy Seriously! 🤯

Hitler
How soon we forget the horrors of 1939, at our own peril!
Public Realm

https://www.washingtonpost.com/politics/2023/11/12/trump-rally-vermin-political-opponents/

By Marianne LeVine

November 12, 2023 at 5:45 p.m. ET

Former president Donald Trump denigrated his domestic opponents and critics during a Veterans Day speech Saturday, calling those on the other side of the aisle “vermin” and suggesting that they pose a greater threat to the United States than countries such as Russia, China or North Korea. That language is drawing rebuke from historians, who compared it to that of authoritarian leaders.

“We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections,” Trump said toward the end of his speech, repeating his false claims that the 2020 election was stolen. “They’ll do anything, whether legally or illegally, to destroy America and to destroy the American Dream.”

Trump went on further to state: “the threat from outside forces is far less sinister, dangerous and grave than the threat from within. Our threat is from within. Because if you have a capable, competent, smart, tough leader, Russia, China, North Korea, they’re not going to want to play with us.”

The former president’s speech in Claremont, N.H., echoed his message of vengeance and grievance, as he called himself a “very proud election denier” and decried his legal entanglements, once again attacking the judge in a New York civil trial and re-upping his attacks on special counsel Jack Smith. In the speech, Trump once again portrayed himself as a victim of a political system that is out to get him and his supporters.

Yet Trump’s use of the word “vermin” both in his speech and in a Truth Social post on Saturday drew particular backlash.

“The language is the language that dictators use to instill fear,” said Timothy Naftali, a senior research scholar at Columbia University’s School of International and Public Affairs. “When you dehumanize an opponent, you strip them of their constitutional rights to participate securely in a democracy because you’re saying they’re not human. That’s what dictators do.”

Ruth Ben-Ghiat, a historian at New York University, said in an email to The Washington Post that “calling people ‘vermin’ was used effectively by Hitler and Mussolini to dehumanize people and encourage their followers to engage in violence.”

“Trump is also using projection: note that he mentions all kinds of authoritarians ‘communists, Marxists, fascists and the radical left’ to set himself up as the deliverer of freedom,” Ben-Ghiat said. “Mussolini promised freedom to his people too and then declared dictatorship.”

. . . .

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

Doubt the comparison? Check this out:

Nazi propaganda and “vermin”

In 1942, Adolf Hitler described Jews living in Germany as an “inferior race that multiplies like vermin.”

“The Nazis dehumanized the Jews. Nazi propaganda is replete with references to Jews as vermin, rats or parasites,” according to Harriet Over, a researcher in psychology at the University of York.

We are still creating [monsters]. We see it in … Russian attitudes toward Ukrainians, in Hindu Islamophobia, and in American racism against Black people,” psychologist David Livingstone, a professor at the University of New England in Maine, told EL PAÍS.

It wasn’t just Germany.

In 1909, a U.S. satirical magazine, Puck, published a cartoon that showed Uncle Sam as a pied piper leading a group of immigrants from Europe. The immigrants were rats. Sending them off: smiling, well-dressed White men.

. . . .

https://themoderatevoice.com/trump-channels-hate-and-hitler-in-veterans-day-speech-tells-supporters-those-others-are-vermin/

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

I appreciate that Marianne LeVine of WashPost was one of the few “mainstream journalists” with the guts to make the painfully obvious connection and comparison between Trump’s insane threats and Hitler, Mussolini, and other horrible dictators!

Marianne LeVine
Marianne LeVine
Political Reporter
Washington Post
PHOTO: WashPost

Even so, it was only “page 2” news in today’s Post, apparently being of far less concern to her editors than the plans of Middle Eastern countries to “upend global sports!” Harkens back to 1936, when participating in Hitler’s “Aryan Showcase Olympics” was more important to the U.S. and other Western Democracies than protesting and condemning Hitler’s ongoing persecution of Jews!

There was a time in the not too distant past when use of racist, neo-Nazi language like Trump’s would have earned an immediate forceful condemnation from politicians across the political spectrum, from the media, and would have ended a candidacy. Now, it’s “just another day at the office.” Hate, lies, racism, and threats by a powerful national politician, a former President no less, cause barely a ripple in our national political dialogue. Not even front page news! Not covered at all by most “legitimate” news outlets! Yet the threat to our nation is real! Very real!

And, in case anyone still doubts the existential threat to American democracy and civilization itself posed by Trump and his anti-American followers, his “plans” include politicization of government, economic chaos, increasing global warming, and destabilization of the U.S. and world economies. See, e.g., http://enewspaper.latimes.com/infinity/article_share.aspx?guid=019284ab-7357-40c1-91c7-112654eb687a.

Deranged, false claims of being a “victim,” turning vengeance into a “holy quest,” dehumanizing enemies, uber race-based nationalism, presenting personal grievances as national priorities, and complete disregard for the common good were staples of Hitler’s National Socialism as they are of Trumpism! The question remains whether the U.S. will be able to stand up for democracy, reject Trumpism, and prevent a return to the horrific time of 1939! See alsohttps://immigrationcourtside.com/just-say-no-to-1939-how-judges-can-save-lives-uphold-the-convention-and-maintain-integrity-in-the-age-of-overt-governmental-bias-toward-refugees-and-asylum-seekers/.

🇺🇸 Due Process Forever!

PWS

11-13-23

🏴‍☠️☠️ THE RIGHT IS AN EXISTENTIAL THREAT TO AMERICA! — TRUMP, HENCHMEN, PLANNING “NAZIFACATION” INCLUDING CONCENTRATION CAMPS, MASS DEPORTATIONS, SUSPENSION OF CONSTITUTION, STRIPPING CITIZENSHIP! – Immigrants & Muslims Will Be First Targets, But Not Last!

Concentration Camp
Gate at Dachau
Creative Commons
Trump and his White Nationalist supporters have a grim, dark vision of America’s future! Will this be the end of our democracy?

Steve Schmidt on Substack:

https://open.substack.com/pub/steveschmidt/p/when-fascism-comes-to-america-it?r=330z7&utm_medium=ios&utm_campaign=post

Christian nationalism is a grave threat to the United States and the American republic. There should be no ambiguity or dullness when it comes to understanding what it is — no matter how benign it may present itself. It is what lurks beyond the veneer that is terrifying. There, the evil is revealed and manifested.

The dogma is a perversion of Christ’s teachings that is antithetical to Christianity. More importantly, Christian nationalism is utterly opposed to democracy. Theocrats despise the United States. God‘s laws are beyond the reach of the American state, and Christianity is but one religion in the beautiful mosaic of American faith.  It should always be noted that 600 generations of humans worshipped freely on the North American continent before the first European Christians came and killed them.

The US Constitution is the law of the land in the United States. Within it are the protections that safeguard our liberty. The freedoms of speech, dissent, conscience, worship and expression shall stand untroubled for as long as the great republic endures. We are within one calendar year of its possible end. We have arrived at a moment of grave crisis that cannot be ignored. The abyss that looked distant seven years ago is at hand.

Christian nationalism is incompatible with American democracy and pluralism. When political extremists take power in the name of God there is always death. Always.

I was pleased to participate in “American Theocracy: The Rise of Christian Nationalism,” a documentary released in January 2023. Please watch this clip below. I have shared it before, but the fire keeps building.

The separation of church and state and religious freedom are profoundly important foundational achievements of the American republic. The extremists who seek power in God’s name are not benign men and women. They won’t be deterred by setbacks in Ohio and other places. They are on the march, and they are demanding power whether it is handed to them or not.

I want you to read these words from yesterday’s The New York Times that make clear Donald Trump’s plans:

Former President Donald J. Trump is planning an extreme expansion of his first-term crackdown on immigration if he returns to power in 2025 — including preparing to round up undocumented people already in the United States on a vast scale and detain them in sprawling camps while they wait to be expelled.

The plans would sharply restrict both legal and illegal immigration in a multitude of ways.

Mr. Trump wants to revive his first-term border policies, including banning entry by people from certain Muslim-majority nations and reimposing a Covid 19-era policy of refusing asylum claims — though this time he would base that refusal on assertions that migrants carry other infectious diseases like tuberculosis.

He plans to scour the country for unauthorized immigrants and deport people by the millions per year.

To help speed mass deportations, Mr. Trump is preparing an enormous expansion of a form of removal that does not require due process hearings. To help Immigration and Customs Enforcement carry out sweeping raids, he plans to reassign other federal agents and deputize local police officers and National Guard soldiers voluntarily contributed by Republican-run states.

Let’s call these giant detention and deportation camps what they are intended to be. These are concentration camps. Specifically, they are to be American concentration camps. Dachau was the Nazis’ first camp in Germany.

What will the first American camp look like? There will no doubt be a first, and it will likely be the first to house the political prisoners rounded up under Trump’s invocation of the Insurrection Act. He has promised to invoke it at the instant he returns to power.

Please understand this: Trump is announcing his intentions. He means it. He is surrounded by scores of “little Eichmanns” ready to help him achieve his aims. He should be taken literally and seriously at all times.

The Speaker of the House of Representatives Mike Johnson is second in line to the presidency. He rejects the greatest American idea in history, which is the separation of church and state. The greatest American invention — the peaceful transition of power — is utterly dependent on the separation of church and state in this country.

Johnson denied the 2020 election results, lied about the election results, created the conditions for the insurrection of January 6th, voted to disenfranchise millions of Black votes after the insurrection and continues to insist Trump won the election, despite the claim being a combination of fraud, malice and weapons-grade nuttery. The hostility to democracy is deeply rooted within his religious fanaticism, which is unique amongst the various strains of fanatical faith that have always found a home in America because of our nation’s unique faith protections.

We have churches where people pick up rattlesnakes and kiss them to prove they are protected by God. Proof of sin is a bite to the face and a painful death. Bo and Peep of Heaven’s Gate convinced their followers that they were headed to the Hale-Bopp comet, and Jim Jones took his flock to doom in Guyana. There are cults and fundamentalists all over America, but there is only one strain that wants to control your life by controlling the powers of the state to administer God’s law. They are the American Taliban.

Mike Johnson has invented his own distorted version of history as if the events of the late 1780s-90s occurred 6,000 years ago.

The American Constitution is clear about the founders’ intentions and their descendants’ actions to preserve and expand those intentions. There is no room for theocracy in the American system. It was rejected at hour one. The desire to impose it on all of us by a man who believes people and dinosaurs co-existed at the beginning of time 6,000 years ago is never going to happen…or is it?

The most important thing to understand about theocrats is that they view political power as being mandated by God. In fact, many fanatics across America believe Donald Trump has been sent by him, and his opponents are demonically-inspired.

. . . .

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

We can’t ignore the very real threat that Trump and his GOP followers present to our democracy. Now is NOT the time for Democrats and independents to “go soft” on human rights and immigrants’ rights!

While not highlighted by Steve Schmidt (no relation) the NYT quote above, one of Trump’s initiatives will be to instruct Administration officials to violate the 14th Amendment by denying citizenship to those born in the U.S. based on their parents’ status! USG officials must take an oath to uphold the Constitution, but apparently Trump just plans to summarily fire any public servant who will not submit to his unconstitutional plan!

Those considering abandoning Biden because of his support for Israel should recognize the alternative — a rabidly anti-Muslim authoritarian bigot (who, ironically, has also been soft on those expressing anti-semitism and other purveyors of hate) who would happily try to punish them just for existing! See e.g., https://www.huffpost.com/entry/biden-gaza-israel-policy-trump-contrast_n_654eb574e4b0c9f246602f16.

Those who think that immigrants will be the only victims of Trump’s “Christian White Nationalism” should be clear about what the future would hold for almost all groups of “others” under his promised neo-fascist regime. See, e.g., https://www.huffpost.com/entry/trans-kids-flee-united-states-safety_n_654c44c7e4b088d9a74d2028.

It’s worth remembering that one of the first actions of Hitler’s Third Reich was to strip Jews of their German citizenship, a move that the complicit German judiciary approved and enthusiastically implemented! Who would have thought that nearly 90 years later, we would have a major American political party in thrall to a self-proclaimed fascist demagogue!

🇺🇸 Due Process Forever!

PWS

11-12-23

🤯 POLITICS: (SADLY) YOU CAN’T MAKE THIS STUFF UP! —  Bess Levin @ Vanity Fair With The (Very) Low Down On MAGAMIKE!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

https://www.vanityfair.com/news/2023/10/everything-to-know-about-mike-johnson?utm_source=nl&utm_brand=vf&utm_mailing=VF_HIVE_102823&utm_medium=email&bxid=5bd67c363f92a41245df49eb&cndid=48297443&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&hashc=eb7798068820f2944081a20180a0d3a94e025b4a93ea9ae77c7bbe00367c46ef&esrc=newsletteroverlay&mbid=mbid%3DCRMVYF012019&source=EDT_VYF_NEWSLETTER_0_HIVE_ZZ&utm_campaign=VF_HIVE_102823&utm_term=VYF_Hive

Election Denial, “Sexual Anarchy,” Noah’s Ark: All the Mike Johnson Details We Regret to Inform You Of

By Bess LevinOctober 26, 2023

There’s a lot that’s concerning!

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Drew Angerer/Getty Images

On October 25, after several weeks that saw dysfunction, chaos, humiliation, and anonymous threats to at least one lawmaker’s wife, Republicans finally elected a Speaker of the House to succeed Kevin McCarthy: Mike Johnson, a representative from Louisiana who has the distinction of being the least experienced Speaker in more than a century.

At the time of Johnson’s accession, a lot of Americans likely had no idea who he was; actual Republican senator Susan Collins, for one, told a reporter she didn’t know Johnson but planned to remedy that by googling him. And if you weren’t familiar with Johnson, you might’ve assumed that that was maybe even a good thing—that he was just a quiet Republican who hadn’t gotten wrapped up in the insanity plaguing the GOP over the last seven or so years. He didn’t have the name recognition of, say, Jim Jordan or Matt Gaetz, but perhaps that simply spoke to the fact that he wasn’t leading a series of absurd hearings in an attempt to take down Joe Biden; or bragging about being so devoted to Donald Trump that he answered his phone calls during sex. Maybe, you might have thought, he wasn’t someone you’d have to constantly worry about re: undermining democracy or trying to take away people’s rights.

Unfortunately, that is not the case with Johnson, who may not have been well known prior to being given one of the most powerful jobs in government but is very much someone whose extremist views and actions should keep you up at night.

Herein, a running list of the absolute most WTF things the new Speaker has said and done on everything from the 2020 election to abortion to LGBTQ+ rights and more.

Abortion

Johnson is proudly antiabortion. When Roe v. Wade was overturned last year, he called it “a great, joyous occasion,” later writing, “We will get the number of abortions [in Louisiana] to ZERO!!” As an attorney for the Alliance Defense Fund, now known as the Alliance Defending Freedom, he worked on efforts to shut down abortion clinics in the state. In Congress, he cosponsored legislation that would have banned abortions at about six weeks of pregnancy, i.e., a time when many people do not even know they’re pregnant. He’s beloved by the antiabortion organization Susan B. Anthony Pro-Life America, which has given him an A+ rating. In 2015, he blamed school shootings on abortion, telling writer Irin Carmon, “When you break up the nuclear family, when you tell a generation of people that life has no value, no meaning, that it’s expendable, then you do wind up with school shooters.”

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In some real Handmaid’s Tale shit, he declared during a House hearing that if women were forced to have more children, a.k.a. “able-bodied” workers, there would be more funding for Social Security and Medicare:

On at least one occasion, he declared that doctors who perform abortions should be sentenced to “hard labor”:

Oh, and like many antiabortion zealots, Johnson doesn’t seem to like contraception either.

LGBTQ+ rights

Hoo boy, where to start? Here are some things that Johnson has said about LGBTQ+ people, same-sex marriage, and gay sex between consenting adults:

In his work as an attorney for the Alliance Defense Fund, Johnson also argued in court that same-sex couples should not receive domestic partnership benefits, and officially opposed the Supreme Court’s decision to decriminalize gay sex between consenting adults. In the Louisiana House of Representatives, he proposed a bill that critics say would have made it easier to discriminate against LGBTQ+ people. (In response, he claimed he was not a “bigot,” adding: “I know that I brought this bill for the right reason.”) Meanwhile, in Congress, he introduced a national bill seemingly modeled after Florida’s “Don’t Say Gay” law; voted against the 2022 bipartisan bill to codify gay marriage; and last year cosponsored a bill making it a crime to provide gender-affirming care to anyone under 18, despite the American Academy of Pediatrics backing such care.

“I would be hard-pressed to think of a worse member to be elected Speaker of the House,” Allen Morris, policy director for the National LGBTQ Task Force, told The 19th.

Separation of church and state

If you guessed that Johnson doesn’t believe in it, you guessed right. In April—as in, just a few months before he was elected Speaker—the congressman railed against what he referred to as the “so-called separation of church and state,” saying, “The founders wanted to protect the church from an encroaching state, not the other way around.”

In 2018, Johnson argued for prayer in public schools.

Evolution

In addition to blaming abortion for mass shootings, Johnson has also claimed that the teaching of evolution has played a part. In a 2016 sermon, he told the audience, “People say, ‘How can a young person go into their schoolhouse and open fire on their classmates?’ Because we’ve taught a whole generation—a couple generations now—of Americans, that there’s no right or wrong, that it’s about survival of the fittest, and [that] you evolve from the primordial slime. Why is that life of any sacred value? Because there’s nobody sacred to whom it’s owed. None of this should surprise us.”

In related news, a year prior, Johnson filed a lawsuit for an organization to receive tax subsidies to build a Noah’s Ark–focused theme park in Kentucky. “When the Ark Project sails, everybody will benefit,” he wrote in an op-ed, “even those who are stubbornly trying to sink it.” The Ark Encounter is operated by a fundamentalist Christian group that believes in creationism.

Climate

Where does Johnson, not exactly a man of science, land on global warming? Well, per The New York Times:

Representative Mike Johnson of Louisiana, the newly elected House Speaker, has questioned climate science, opposed clean energy, and received more campaign contributions from oil and gas companies than from any other industry last year. Even as other Republican lawmakers increasingly accept the overwhelming scientific consensus that human activity is dangerously heating the planet, the unanimous election of Mr. Johnson on Wednesday suggests that his views may not be out of step with the rest of his party.

A former constitutional lawyer, he does not sit on committees that decide the fate of major energy issues. But he has consistently voted against dozens of climate bills and amendments, opposing legislation that would require companies to disclose their risks from climate change and bills that would reduce leaks of methane, a potent greenhouse gas, from oil and gas wells. He has voted for measures that would cut funding to the Environmental Protection Agency.

In 2017, Johnson opined: “The climate is changing, but the question is, is it being caused by natural cycles over the span of the earth’s history? Or is it changing because we drive SUVs? I don’t believe in the latter. I don’t think that’s the primary driver.”

The 2020 election

By now you’ve likely heard that Johnson spent a significant amount of time and energy trying to overturn the 2020 election—an effort that included leading the amicus brief signed by more than 100 GOP lawmakers that asked the Supreme Court to overturn the 2020 election results in Georgia, Michigan, Wisconsin, and Pennsylvania. Johnson also objected to the certification of Biden’s win on January 6; his arguments for doing so were adopted by a significant number of Republicans, leading the Times to call him “the most important architect of the Electoral College objections.” One day prior, per Politico, he told colleagues, “This is a very weighty decision. All of us have prayed for God’s discernment. I know I’ve prayed for each of you individually,” before pressing them to oppose the Electoral College results. Oh, and he was a Dominion truther:

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Where does Johnson stand on the 2020 election now? Before the floor vote, he refused to answer a reporter’s question about the matter, and after officially becoming Speaker, he did just the same:

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Not really the kind of endorsement you want these days

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Thank God the GOP is now free to get back to the important, not-at-all-made-up issues

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Elsewhere!

Could Mike Johnson, the New House Speaker, Undermine the 2024 Election?

NYT • Read More

North Carolina Republicans Approve House Map That Flips at Least Three Seats

NYT • Read More

Georgia’s congressional map violates Voting Rights Act, court finds

Politico • Read More

Donald Trump’s 2020 Cronies Appear to Be Ditching Him One by One

Vanity Fair • Read More

Democrats plot end run around Tuberville blockade of military promotions

The Washington Post • Read More

Blake Masters announces House bid in Arizona, forgoing another run for Senate

Politico • Read More

“Get the right cases to the Supreme Court”: inside Charles Koch’s network

The Guardian • Read More

CEO Morning Routines Are Bananas. So I Tried a Few.

WSJ • Read More

More Great Stories From Vanity Fair

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Go on over to the Levin Report at the above link to get all the gory (perhaps an understatement) details on America’s Retrograde Speaker! 

MAGAMike often pretends as if the his interpretation of the Bible, not the Constitution or the Declaration of Independence, were our founding document. 

But, believe it or not, the founding fathers were actually “revolutionaries,” not “reactionaries,” who overthrew tradition to arrive at a different place. In the process they incorporated what in those days were some “enlightenment” ideals to replace “traditionalist” regressive principles like the “divine” right of kings and a purely hierarchical society where there was no escape from the status assigned at birth!

One can debate the exact religious beliefs of the founders. But, they certainly foresaw a non-static society, open to change, and tolerating more than one viewpoint. They weren’t theocrats, and they weren’t wedded to the view that society can’t change and evolve to adapt to new norms and practical realities.

One could read the teachings of Christ as promoting love, kindness, tolerance, forgiveness, perspective, and siding with society’s outcasts. MAGAMike and his zealots appear to have a quite different “take.” That’s their prerogative. But, they shouldn’t be allowed to impose their peculiar, wayward views on the rest of us.

Faced with his first national tragedy, and a chance to show some real guts, leadership, and humane, common-sense principles derived from Christianity, all the self-professed “Man of God” and “protector of the unborn” (but “rejector of the  born”) could muster was the same old trite “hearts and minds” garbage that flows from spineless GOP politicos. Compare MAGAMike with Rep. Jared Golden (D-ME) who apologized and changed his position to favor an assault weapons ban. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiJ35iN1puCAxVBk2oFHWs3CX8QvOMEKAB6BAgQEAE&url=https%3A%2F%2Fwww.washingtonpost.com%2Fpolitics%2F2023%2F10%2F26%2Fmaine-shooting-gun-control-laws%2F&usg=AOvVaw1NdJWXqX0pvd75g3dguKa_&opi=89978449.

Jesus would have valued assault weapons over human lives? Gimmie a break!

🇺🇸 Due Process Forever!

PWS

10-29-23