Fascism – Page 32 – immigrationcourtside.com

AMERICA’S FLAILING & FAILING JUDICIARY: ACHIEVING “EQUAL JUSTICE FOR ALL” REQUIRES COURAGEOUS AND EMPATHETIC JUDICIAL LEADERSHIP — Don’t Expect It From A Supremes’ Majority Firmly Wedded to Promoting “Dred-Scottification” (De-Humanization) of “The Other!”

https://www.nytimes.com/2020/06/04/opinion/sunday/supreme-court-religion-coronavirus.html

Linda Greenhouse writes in The NY Times:

The Supreme Court made the indisputably right call last week when it refused to block California from limiting attendance at religious services in an effort to control the spread of Covid-19.

A Southern California church, represented by a Chicago-based organization, the Thomas More Society, which most often defends anti-abortion activists, had sought the justices’ intervention with the argument that by limiting worshipers to the lesser of 25 percent of building capacity or 100 people, while setting a 50 percent occupancy cap on retail stores, California was discriminating against religion in violation of the Constitution’s Free Exercise Clause.

Given the obvious difference between walking through a store and sitting among fellow worshipers for an hour or more, as well as the documented spread of the virus through church attendance in such places as Sacramento (71 cases), Seattle (32 cases) and South Korea (over 5,000 cases traced to one person at a religious service), California’s limits are both sensitive and sensible, hardly the basis for constitutional outrage or judicial second-guessing.

So why did the court’s order, issued as midnight approached on Friday night, fill me with dread rather than relief?

It was because in a ruling that should have been unanimous, the vote was 5 to 4. And it was because of who the four dissenters were: the four most conservative justices, two of them appointed by the president who a couple of months ago was demanding that churches be allowed to open by Easter and who, even before the murder of George Floyd in Minneapolis, was openly encouraging protests in the capitals of states not reopening as quickly as he would like.

As an astonished country witnessed on Monday night, as he held a Bible in front of a church near the White House after demonstrators were violently cleared from his path, Donald Trump is using religion as a cultural wedge to deflect attention from the consequences of his own ineptitude. The recognition that four Supreme Court justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — would have invoked the court’s power to undermine fact-based public policy in the name of a misbegotten claim of religious discrimination was beyond depressing. It was terrifying.

Does that sound like an overstatement? Take a look at Justice Kavanaugh’s dissenting opinion. “California’s latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses,” he wrote. “Such discrimination violates the First Amendment.”

It’s interesting that while Justices Gorsuch and Thomas signed Justice Kavanaugh’s opinion, Justice Alito did not. Perhaps he’s just too good a lawyer to subscribe to the flimsy analysis underlying this opinion. Fair enough, but he evidently couldn’t be bothered to explain his own dissenting vote. And no less than his fellow dissenters, he obviously inhaled the unfounded claim of religious discrimination that the president has injected into an atmosphere already saturated with polarizing rhetoric.

. . . .

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

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

This is just a symptom of an ongoing cancer at the Court. Cases like Hawaii v. Trump (“greenlighting” arbitrary and capricious punishment of refugees, Muslims, certain immigrants based on clearly pretextual “security grounds”), Wolf v. Innovation Law Lab (“Let ‘Em Die in Mexico!” Particularly when they are “only” Central American asylum seekers), and Wolf v. Cook County (final greenlighting of Stephen Miller’s racist scheme to deny health care and spread deadly fears in American Hispanic communities) should all have been 9-0 in favor of those opposing Trump’s racially-biased, illegal, unconstitutional policies.

Additionally, Trump Toady Solicitor General Noel Francisco should have been strongly cautioned against continuing to bend the ethical codes with largely fabricated “emergencies” intended to interfere with the normal functioning of the Federal Courts.

Instead, the Supremes’ majority gave the regime totally undeserved, immoral victories in all three cases. As a result, many innocent individuals were denied rights, forced into life-threatening conditions, and some even died. The Supremes’ inflicted damage on society at large. They assisted in trampling social justice and human rights. They grotesquely perverted and “turned on its head” the concept of “irreparable harm.” They indelibly and irreparably damaged their reputation and our system of justice.

In the meantime, the message to Francisco and the rest of his human rights denying scofflaw crowd over at the DOJ is clear: Justice is dead, courage has fled, you’re in charge.

Unhappily, by most accounts, the tone-deaf and disconnected Supremes’ majority might be on the cusp of throwing more gasoline on the fires of social justice, at the worst possible time for our nation. If, as expected, they endorse the regime’s intentionally cruel, illegal, dishonest, and racially charged scheme to,”shaft” Dreamers — some of our finest young people, many of whom are “essential workers” — it’s likely to spark more justified outrage and further protests!

So certain are the regime’s White Nationalists that they have the “J.R. Five” in their pocket that they reportedly already are planning to use these American youths as “hostages” to demand even further immigration restrictions as “ransom” from House Dems. The Dems are unlikely to bite, so Dreamers will be left to “twist in the wind” pending the results of the election.

The Supreme Court majority has been hand selected by the GOP to insure that a minority, anti-democratic ideology, often willfully devoid of humanity and historical awareness, will continue to exercise disproportionate influence over the U.S. legal system for years, perhaps decades, to come.

We can’t change the past. But, a better “appointing authority” will be a start of long overdue change and “pushback” from the forces and institutions of democracy, humanity, and racial justice to restore integrity to our highest Court that, in actuality, now functions more like the lowest denominator and an instigator of racial and institutional injustice in our hurting nation.

Due Process Forever! Complicit Courts Never!

PWS

06-06-20

TA-NEHISI COATES IS OPTIMISTIC THAT WE’RE FINALLY AT A MOMENT OF CHANGE IN AMERICA’S APPROACH TO RACE RELATIONS — Read Ezra Klein’s Vox News Interview With Ta-Nehisi to Find Out Why!

https://apple.news/Tn2n0n8PnRUG6W-1mAp_OZw

Why Ta-Nehisi Coates is hopeful

The author of Between the World and Me on why this isn’t 1968, the Colin Kaepernick test, police abolition, nonviolence and the state, and more.

The first question I asked Ta-Nehisi Coates during our recent conversation on The Ezra Klein Show was broad: What does he see right now, as he looks out at the country?

“I can’t believe I’m gonna say this,” he replied, “but I see hope. I see progress right now.”

Coates is the author of the National Book Award winner Between the World and Me and The Water Dancer, among others. We discussed how this moment differs from 1968, the tension between “law” and “order,” the contested legacy of Martin Luther King Jr., Donald Trump’s view of the presidency, police abolition, why we need to renegotiate the idea of “the public,” how the consensus on criminal justice has shifted, what Joe Biden represents, the proper role of the state, and much more.

But there’s one particular thread of this conversation that I haven’t been able to put down: There is now, as there always is amid protests, a loud call for the protesters to follow the principles of nonviolence. And that call, as Coates says, comes from people who neither practice nor heed nonviolence in their own lives. But what if we turned that conversation around? What would it mean to build the state around principles of nonviolence, rather than reserving that exacting standard for those harmed by the state?

An edited transcript from our conversation follows. The full conversation can be heard on The Ezra Klein Show.

Ezra Klein

What do you see right now, as you look out at the country?

Ta-Nehisi Coates

I can’t believe I’m gonna say this, but I see hope. I see progress right now, at this moment.

I had an interesting call on Saturday with my dad, who was born in 1946, grew up dirt poor in Philadelphia, lived in a truck, went off to Vietnam, came back, joined the Panther Party, and was in Baltimore for the 1968 riots. Would’ve been about 22 at that time.

I asked him if he could compare what he saw in 1968 to what he was seeing now. And what he said to me was there was no comparison — that this is much more sophisticated. And I say, well, what do you mean? He said it would have been like if somebody from the turn of the 20th century could see the March on Washington.

The idea that black folks in their struggle against the way the law is enforced in their neighborhoods would resonate with white folks in Des Moines, Iowa, in Salt Lake City, in Berlin, in London — that was unfathomable to him in ‘68, when it was mostly black folks in their own communities registering their great anger and great pain.

I don’t want to overstate this, but there are significant swaths of people and communities that are not black, that to some extent have some perception of what that pain and that suffering is. I think that’s different.

Ezra Klein

Do you think there is more multiethnic solidarity today than there was then?

Ta-Nehisi Coates

I do. Within my lifetime, I don’t think there’s been a more effective movement than Black Lives Matter. They brought out the kind of ridiculousness that black folks deal with on a daily basis in the policing in their communities.

George Floyd is not new. The ability to broadcast it the way it was broadcasted is new. But black folks have known things like that were going on in their communities, in their families, for a very long time. You have a generation of people who are out in the streets right now, many of whom only have the vaguest memory of George Bush. They remember George Bush the way I remember Carter. The first real president who they actually grappled with was a black dude. That’s a different type of consciousness.

Ezra Klein

I was watching the speech Trump gave before tear-gassing the protesters in the park in DC. What so chilled me about that speech was how much he clearly wanted this — like this was the presidency as he had always imagined it, directing men with guns and shields to put down protesters so he could walk through a park unafraid and seem tough.

He’s always seemed so disinterested and annoyed by the actual work of being president, even during coronavirus. But this is the thing that he seems energized and excited by. And that’s been the scary part of it to me — that you have somebody in that role who is eager for escalation.

Ta-Nehisi Coates

It is pretty clear that the war-making part of being head of state was the part that most appeals to Donald Trump.

What does this mean for the election? It may be true that Donald Trump will win. Maybe this will lead to some sort of white backlash that ultimately helps him. I can’t really call that. But what I will say is this is a massive denial of legitimacy. Donald Trump may win the election in November, but he will be a ruler and not a president.

I think that those things need to be distinguished. When you’re calling out the military to repress protests that are in cities across the country, not just in ghettos and in hoods, all you have is force at that point. Most likely if he wins, he’ll be someone who won with a minority of the vote two times, which will be a first in American history. And violence will be the tool by which he rules. I think it’s a very different situation to be in.

Ezra Klein

I’m glad you brought in that word legitimacy. I wrote a piece the other day called “America at the breaking point,” and one of the things that I was imagining as I wrote that was a legitimacy crisis. The stakes have been going higher and higher this year: coronavirus, the entire country locked in houses, upset, angry, scared. Then you add on a series of basically televised lynchings.

And then you think: This is an election year. In some ways, I’m more afraid of the situation you just described. If Donald Trump is reelected in a way that does not feel legitimate to people — if he loses by more votes than he did in 2016, or there’s a contested-vote situation — this could turn out badly. Legitimacy crises are scary things. And I don’t think we’re really well equipped for one right now.

Ta-Nehisi Coates

I agree. But when I look back historically, the alternative to me is 1968.

I think, amongst a large swath to a majority of black people in this country, the police are illegitimate. They’re not seen as a force that necessarily causes violent crime to decline. Oftentimes you see black people resorting to the police because they have no other option, but they’re not seen with the level of trust that maybe Americans in other communities bestow upon the police. They know you could be a victim to lethal force because you used a $20 bill that may or may not have been counterfeit, because you were asleep at night in your home and somebody got a warrant to kick down your door without knocking.

I would argue that [feeling] has been nationalized. I don’t know that everybody in America feels that way, but I think large swaths of Americans now feel that Trump is the police. And they feel about Trump the way we feel about cops: This is somebody that rules basically by power. I would prefer that situation to 1968, where we’re alone in our neighborhoods and we know something about the world and we know what the police do, but other folks can’t really see it — and if they can, they’re unsympathetic. I would prefer now.

The long history of black folks in this country is conflict and struggle, between ourselves and the state and other interests within the society so that we can live free. And this is the first time that I think a lot of us have felt that the battle was legitimately joined, not just by white people but other people of color. When I hear that brother in Minneapolis talk about how his store was burned down and him saying, “Let it burn.” That’s a very different world. It’s a very, very different situation. It’s not a great one. It’s not the one we want. But it’s not ‘68.

. . . .

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

Read the rest of the interview at the link.

Coincidentally, I just finished reading Coates’s novel about slavery and freedom, The Water Dancer, which I highly recommend.

⭐️⭐️⭐️⭐️⭐️I also found the just-released streaming movie Just Mercy instructive. It’s based on the true story of unjustly convicted Alabama death-row inmate Walter McMillan and his courageous young just-out-of-Harvard African-American attorney Bryan Stevenson, played by Michael B. Jordan. In the movie, as in real life, justice was achieved in the end.

But, was it really?

Why should justice in America a be so dependent on both the “right lawyer” and the particular location and judges before whom you are tried? Why should it be so difficult, time consuming, painful, and uncertain to obtain? Why weren’t the crooked sheriff and the other perpetrators of deadly fraud held accountable? Why was such a tone-deaf judge on the bench in the first place? Why was a corrupt system not interested in real justice for the murder victim? Why do we still have the death penalty — clearly “cruel and unusual punishment” in violation of the Constitution by any rational definition?

It’s also worth remembering that one of the greatest advocates of putting African Americans in Alabama to death was none other than White Nationalist prosecutor Jeff “Gonzo Apocalypto” Sessions. Sessions then went on to a further career involving child abuse, squandering of taxpayer funds on “gonzo” prosecutions of legal asylum seekers, and unfairly sentencing Hispanic refugee women to torture, and even death. Yet, Sessions walks free. He even has the audacity to run for public office again based on his perverted, racist views of “justice” in America.

Whether or not he, or the equally repulsive and bigoted other GOP candidate, former football coach Tommy Tuberville, get elected will be a true test of how far we have come as a nation, and in particular, how far Alabama has come in atoning for past wrongs. Anybody who cares about equal justice for all should send at least a few bucks to the re-election campaign of wholly decent, competent, U.S. Senator Doug Jones (D-AL) to help him fight the GOP “forces of darkness, racism, and inequality,” arrayed against him.

I really hope Coates is right. But, based on the “reality of the moment” we still have a long way to go. True social justice would involve accountability for individuals like Trump, Miller, Sessions, and Barr who have been actors and proponents of injustice toward “the other” in our society. When folks like unapologetic White Nationalist provocateur Sen. Tom Cotton (R-AK) are no longer placed in public office, then, and only then, will social justice and equal justice for all have been achieved.

And, I personally doubt our capacity as a nation for true due process and equal justice under law as long as the “JR Five” rule the Supremes. So far, there haven’t been many racial injustices or “Dred Scottifications” of the other that they have had the courage and integrity to condemn! Better judges, with more humanity and empathy, are a requirement for a truly just nation.

That pandering, maliciously incompetent, willfully ignorant, bigot Donald Trump, with his vile, intentionally racially divisive message of fear still polls at 42% shows just how far we have to go to achieve due process and equal justice for all in America. “Equal Justice For All” isn’t just a “snappy slogan;” it requires leaders who really believe in it!

Right now, save for Nancy Pelosi, we conspicuously lack such leaders in all three Branches of our National Government. Better results will require change at the top. It will also require a significant minority of voters to stop enabling the intolerant, incompetent, and divisive to rule.

As Dr. Martin Luther King, Jr., once wrote:

“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

The quote isn’t just an “abstract concept;” it has “real life” meaning. It’s from King’s Letter From Birmingham Jail, where he was unjustly imprisoned in 1963 for participation in peaceful protests against racial injustice.

“Social Justice” isn’t just an idealistic concept. It’s an absolute necessity for a well-functioning, just, and fully productive society!

Due Process Forever!

PWS

06-07-20

JAMELLE BOUIE @ NYT: The Police & Often The Misuse of a “Bogus Rule of Law” (when used to allow the empowered to run roughshod over the legal and human rights of “the other”) Are Long-Standing Roadblocks to a Fair & Just Society —“The simplest answer to the question ‘Why don’t the American police forces act as if they are accountable to black Americans?’ is that they were never intended to be.”

Jamelle writes in the NYT:

https://www.nytimes.com/2020/06/05/opinion/police-riots.html?action=click&module=Opinion&pgtype=Homepage

The Police Are Rioting. We Need to Talk About It.

It is an attack on civil society and democratic accountability.

By Jamelle BouieJune 5, 2020

If we’re going to speak of rioting protesters, then we need to speak of rioting police as well. No, they aren’t destroying property. But it is clear from news coverage, as well as countless videos taken by protesters and bystanders, that many officers are using often indiscriminate violence against people — against anyone, including the peaceful majority of demonstrators, who happens to be in the streets.

Rioting police have driven vehicles into crowds, reproducing the assault that killed Heather Heyer in Charlottesville, Va., in 2017. They have surrounded a car, smashed the windows, tazed the occupants and dragged them out onto the ground. Clad in paramilitary gear, they have attacked elderly bystanders, pepper-sprayed cooperative protesters and shot “nonlethal” rounds directly at reporters, causing serious injuries. In Austin, Texas, a 20-year-old man is in critical condition after being shot in the head with a “less-lethal” round. Across the country, rioting police are using tear gas in quantities that threaten the health and safety of demonstrators, especially in the midst of a respiratory disease pandemic.

None of this quells disorder. Everything from the militaristic posture to the attacks themselves does more to inflame and agitate protesters than it does to calm the situation and bring order to the streets. In effect, rioting police have done as much to stoke unrest and destabilize the situation as those responsible for damaged buildings and burning cars. But where rioting protesters can be held to account for destruction and violence, rioting police have the imprimatur of the state.

What we’ve seen from rioting police, in other words, is an assertion of power and impunity. In the face of mass anger over police brutality, they’ve effectively said So what? In the face of demands for change and reform — in short, in the face of accountability to the public they’re supposed to serve — they’ve bucked their more conciliatory colleagues with a firm No. In which case, if we want to understand the behavior of the past two weeks, we can’t just treat it as an explosion of wanton violence; we have to treat it as an attack on civil society and democratic accountability, one rooted in a dispute over who has the right to hold the police to account.

Jamelle Bouie’s Newsletter: Discover overlooked writing from around the internet, and get exclusive thoughts, photos and reading recommendations from Jamelle.

African-American observers have never had any illusions about who the police are meant to serve. The police, James Baldwin wrote in his 1960 essay on discontent and unrest in Harlem, “represent the force of the white world, and that world’s real intentions are simply for that world’s criminal profit and ease, to keep the black man corralled up here in his place.” This wasn’t because each individual officer was a bad person, but because he was fundamentally separate from the black community as a matter of history and culture. “None of the police commissioner’s men, even with the best will in the world, have any way of understanding the lives led by the people they swagger about in twos and threes controlling.”

Go back to the beginning of the 20th century, during America’s first age of progressive reform, as the historian Khalil Gibran Muhammad does in “The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America,” and you’ll find activists describing how “policemen had abdicated their responsibility to dispense color-blind service and protection, resulting in an object lesson for youth: the indiscriminate mass arrests of blacks being attacked by white mobs.”

The police were ubiquitous in the African-American neighborhoods of the urban North, but they weren’t there to protect black residents as much as they were there to enforce the racial order, even if it led to actual disorder in the streets. For example, in the aftermath of the Philadelphia “race riot” of 1918, one black leader complained, “In nearly every part of this city peaceable and law-abiding Negroes of the home-owning type have been set upon by irresponsible hoodlums, their property damaged and destroyed, while the police seem powerless to protect.”

If you are trying to understand the function of policing in American society, then even a cursory glance at the history of the institution would point you in the direction of social control. And blackness in particular, the historian Nikhil Pal Singh argues, was a state of being that required “permanent supervision and sometimes direct domination.”

The simplest answer to the question “Why don’t the American police forces act as if they are accountable to black Americans?” is that they were never intended to be. And to the extent that the police appear to be rejecting accountability outright, I think it reflects the extent to which the polity demanding it is now inclusive of those groups the police have historically been tasked to control. That polity and its leaders are simply rejected as legitimate wielders of authority over law enforcement, especially when they ask for restraint.

. . . .

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

Truth is, we have the legal tools to do things like prosecute police misconduct, honor the human and civil rights of African Americans, overcome the years of unfair and discriminatory treatment of African Americans in education, employment, and leadership, promote community cooperation to allow each individual to reach maximum levels of contribution and enjoyment, correct the due process and bias flaws in court systems, tax more rationally and equitably, grant asylum to refugees we are now unfairly and illegally turning away, end inhumane and counterproductive “civil” detention, stop putting disproportionate numbers of minority communities in jail and prison, and end “Dred Scottification” of the other.

What we lack is 1) the honest, courageous, humane, and wise public officials necessary to make the laws and existing tools work; 2) the political will to get those types of officials into the correct offices.

I don’t know how much it would cost. But, whatever it is, we need to invest in it. And some “ready funds” could be made available if we stop building unneeded walls, detention centers, prisons, separating kids, and wasting legal and judicial resources fighting against the institutional fascism and tyranny of the Trump regime.

This November, vote like your life depends on it! Because it does!

PWS

06-07-20

GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”

George Packer
American Journalist, Author, Playwright

https://apple.news/A-6795FCPQU6LRBMW1_nzvw

Packer writes in The Atlantic:

IDEAS

Shouting Into the Institutional Void

Demonstrators are hammering on a hollowed-out structure, and it very well may collapse.

The urban unrest of the mid-to-late 1960s was more intense than the days and nights of protest since George Floyd was murdered by a Minneapolis policeman. More people died then, more buildings were gutted, more businesses were ransacked. But those years had one advantage over the present. America was coming apart at the seams, but it still had seams. The streets were filled with demonstrators raging against the “system,” but there was still a system to tear down. Its institutions were basically intact. A few leaders, in and outside government, even exercised some moral authority.

In July 1967, immediately after the riots in Newark and Detroit, President Lyndon B. Johnson created a commission to study the causes and prevention of urban unrest. The Kerner Commission—named for its chairman, Governor Otto Kerner Jr. of Illinois—was an emblem of its moment. It didn’t look the way it would today. Just two of the 11 members were black (Roy Wilkins, the leader of the NAACP, and Edward Brooke, a Republican senator from Massachusetts); only one was a woman. The commission was also bipartisan, including a couple of liberal Republicans, a conservative congressman from Ohio with a strong commitment to civil rights, and representatives from business and labor. It reflected a society that was deeply unjust but still in possession of the tools of self-correction.

The commission’s report, written by the executive director, David Ginsburg, an establishment liberal lawyer of New Deal vintage, appeared at the end of February 1968. It became an instant million-copy best seller. Its language is bracing by the standards of any era: “What white Americans have never fully understood—but what the Negro can never forget—is that white society is deeply implicated in the ghetto. White institutions created it, white institutions maintain it, and white society condones it.” The report called for far-reaching policy reforms in housing, employment, education, and policing, to stop the country from becoming “two societies, one black, one white—separate and unequal.”

[Anne Applebaum: History will judge the complicit]

It was too much for Johnson, who resented not being credited for his efforts to achieve civil rights and eradicate poverty, and whose presidency had just been engulfed by the Tet Offensive in South Vietnam. He shelved the report. A few weeks later, on the evening of April 4, Martin Luther King Jr. was killed in Memphis. The next night, Johnson—who had just announced that he wouldn’t run for reelection—spoke to a country whose cities were burning from coast to coast. “It is the fiber and the fabric of the republic that’s being tested,” he said. “If we are to have the America that we mean to have, all men of all races, all regions, all religions must stand their ground to deny violence its victory in this sorrowful time, and in all times to come. Last evening, after receiving the terrible news of Dr. King’s death, my heart went out to his family and to his people, especially to the young Americans who I know must sometimes wonder if they are to be denied a fullness of life because of the color of their skin.” To an aide, he was more blunt in assessing the uprising: “What did you expect? I don’t know why we’re surprised. When you put your foot on a man’s neck and hold him down for 300 years, and then you let him up, what’s he going to do? He’s going to knock your block off.”

King’s murder and the riots it sparked propelled Congress to pass, by an overwhelming and bipartisan margin, the decade’s last major piece of civil-rights legislation, the Civil Rights Act of 1968, which enforced fair standards in housing. Johnson signed it on April 11. It was too late. The very best reports, laws, and presidential speeches couldn’t contain the anger in the streets. That year, 1968, was when reform was overwhelmed by radicalization on the left and reaction on the right. We still live in the aftermath. The language and ideas of the Kerner Report have haunted the years since—a reminder of a missed chance.

The difference between 1968 and 2020 is the difference between a society that failed to solve its biggest problem and a society that no longer has the means to try. A year before his death, King, still insisting on nonviolent resistance, called riots “the language of the unheard.” The phrase implies that someone could be made to hear, and possibly answer. What’s happening today doesn’t feel the same. The protesters aren’t speaking to leaders who might listen, or to a power structure that might yield, except perhaps the structure of white power, which is too vast and diffuse to respond. Congress isn’t preparing a bill to address root causes; Congress no longer even tries to solve problems. No president, least of all this one, could assemble a commission of respected figures from different sectors and parties to study the problem of police brutality and produce a best-selling report with a consensus for fundamental change. A responsible establishment doesn’t exist. Our president is one of the rioters.

After half a century of social dissolution, of polarization by class and race and region and politics, there are no functioning institutions or leaders to fail us with their inadequate response to the moment’s urgency. Levers of influence no longer connect to sources of power. Democratic protections—the eyes of a free press, the impartiality of the law, elected officials acting out of conscience or self-interest—have lost public trust. The protesters are railing against a society that isn’t cohesive enough to summon a response. They’re hammering on a hollowed-out structure, and it very well may collapse.

[James Fallows: Is this the worst year in modern American history?]

If 2020 were at all like 1968, the president would go on national television and speak as the leader of all Americans to try to calm a rattled country in a tumultuous time. But the Trump administration hasn’t answered the unrest like an embattled democracy trying to reestablish legitimacy. Its reflex is that of an autocracy—a display of strength that actually reveals weakness, emptiness. Trump’s short walk from the White House to St. John’s Episcopal Church had all the trappings of a strongman trying to show that he was still master of the country amid reports that he’d taken refuge in a bunker: the phalanx of armored guards surrounding him as he strutted out of the presidential palace; the tear gas and beatings that cleared his path of demonstrators and journalists; the presence of his daughter, who had come up with the idea, and his top general, wearing combat fatigues as if to signal that the army would defend the regime against the people, and his top justice official, who had given the order to raid the square.

William Barr has reacted to the killing of George Floyd like the head of a secret-police force rather than the attorney general of a democratic republic. His first act was not to order a federal investigation into the Minneapolis Police Department, but—as he’s done before—to rush out ahead of the facts and try to control public opinion, by announcing that the violence following Floyd’s death was the work of left-wing agitators. Streets of the nation’s capital are now blocked by security forces from Barr’s Department of Justice—many from the Federal Bureau of Prisons—wearing uniforms that make them impossible to identify, like paramilitary troops with unknown commanders.

The protests have to be understood in the context of this institutional void. They resemble the spontaneous mass cry of a people suffering under dictatorship more than the organized projection of public opinion aimed at an accountable government. They signify that democratic politics has stopped working. They are both utopian and desperate.

[Read: The double standard of the American riot]

Some public figures—politicians, policy experts, civic leaders—have come forward with proposals for changing the mindset and tactics of the police. Terrence Floyd, the brother of the murdered man, urged protesters to educate themselves and vote. But the overwhelming message of the protests is simply “end racism,” which would be a large step toward ending evil itself. The protesters are demanding an absolute, as if they’ve stopped expecting the state to produce anything that falls a little short. For white protesters—who are joining demonstrations on behalf of black freedom and equality in large numbers for the first time since Selma, Alabama, 55 years ago—this demand means ending an evil that lies within themselves. It would be another sign of a hollow democracy if the main energy in the afterglow of the protests goes into small-group sessions on white privilege rather than a hard push for police reform.

. . . .

This is where we are. Trust is missing everywhere—between black Americans and police, between experts and ordinary people, between the government and the governed, between citizens of different identities and beliefs. There’s an election coming in five months. It won’t end racism or the pandemic, or repair our social bonds, or restore our democracy to health. But it could give us a chance to try, if we get that far.

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

Read the rest of Packer’s article at the above link.

Well said! The only thing missing is specific reference to the toxic failure of the U.S. Supreme Court.

We once had a Court with the legal experience, ethics, vision, and moral courage to lead America forward toward a more just and equal society. That’s been totally dissipated by years of GOP erosion of the Court’s legal expertise, practical problem-solving ability, humanity, courage, vision of a better future for all in America, and integrity.

The “journey downward and march backward” from Brown v. Board of Education to legal travesties like Trump v. Hawaii and Wolf v. Innovation Law Lab (to name just two glaring examples of the Court’s disgraceful and illegal “Dred Scottification” of the other in our society) is certainly one of the most outrageous, disturbing, and disgusting tales in post-Plessy v. Ferguson American jurisprudence.

The Court’s abject failure to move forward and make voting rights and equal justice for all a reality is in no small measure linked to the death of George Floyd and other Americans of color and the nationwide protests of injustice. Failure of judicial integrity, vision, and leadership — in other words failures of both legal and moral justice — imperils our nation and many of its inhabitants.

America already faces long-term threats to our justice system and those it supposedly serves from the irresponsible and poorly-qualified life-tenured judicial appointments of Trump and the Mitch-led GOP. To them, things like “equal justice for all,” “voting rights,” “due process for all,” “women’s rights,” and “human rights” are just cruel hoaxes — things to be privately mocked, publicly “lip-serviced,” then buried forever beneath an avalanche of disingenuous and opaque legal gobbledygook intended to hide their true anti-democratic, White Nationalist enabling intent. The appointment of any more Justices along the lines of the “J.R. Five” likely would be the final “nail in the coffin” for our democratic republic! 🏴‍☠️👎🏻🥵

This November, vote like your life depends on it! Because it does!

PWS

06-06-20

DEBUNKING THE TRUMP REGIME’S WHITE NATIONALIST MYTHS☠️: Furthering & Protecting Immigrants’ Rights Benefits Society — Bogus “COVID-19” Visa Restrictions & Other Nativist Nonsense Enabled By Feckless Congress & Failing Courts Hurts America!

Gaurav Khanna
Assistant Professor of Economics
U.S. San Diego

https://apple.news/AtzkkrgAGThCSMutjCZCjAg

From SCIENMAG:

New Visa restrictions will make the US economic downturn worse

New research shows legal protections for immigrants improve lives and livelihoods of citizen workers

The Trump administration is expected to set limits on a popular program that allows international students to work in the U.S. after graduation while remaining on their student visas. The restrictions on the Optional Practical Training (OPT) program are designed to help American graduates seeking jobs during the pandemic-fueled economic downturn; however, the move is likely to further hurt the economy, according to new University of California San Diego research on immigrant rights.

In a new research paper, economists find that immigrant rights enhance the lives and livelihoods of native-born workers in many ways. Drawing from a sweeping collection of studies on the U.S. labor market over the past century, the paper is the first of its kind to look at how legal protections for immigrants affect domestic workers of immigrant-receiving countries in terms of generating income, innovation, reducing crime and increasing tax revenues.

One in eight persons living in the United States was born in a different country. Therefore understanding the impact of migrant worker rights on receiving economies is crucial to immigration policymaking, especially with the White House’s immigration policies growing more exclusionary during the COVID-19 pandemic.

“This time the political restrictions seem to be on high-skill foreign-born, like students, OPTs and those with H1B visas,” said Gaurav Khanna, co-author and assistant professor of economics at the UC San Diego’s School of Global Policy and Strategy (GPS). “Many high-skill workers have lost their jobs, which means many will have to leave the country soon. When the U.S. crisis abates, there may be a scarcity of high-skill professionals, which could stall a robust recovery.”

Legal protections for immigrants aid entrepreneurship and innovation

About 45 percent of Fortune 500 companies were founded by immigrants or children of immigrants. These companies amass more than $6 trillion in revenue per year and include tech-giants like Google-Alphabet, Microsoft, Tesla and Apple. With one in four of computer scientists born in a different country, the U.S. immigrant workforce comprises of many of Silicon Valley’s top entrepreneurs, current CEOs or company founders.

As entrepreneurs know, starting a business requires a lot of money up front while the return on investment may take years, but the benefits to the local populations prove to be very positive from the start.

With the economy contracting at unprecedented levels, the White House’s decision to impose more visa restrictions is expected make economic recovery more difficult because the less confidence immigrants have in their status, the less likely they are to seed innovation and create businesses.

Providing legal permanence and stability to immigrants may help incentivize long-term local investments like businesses which lead to an increase in jobs and a larger tax base, Khanna and co-author Anna Brown, a graduate of GPS’s Master of Public Policy program write.

H1-B under fire, despite its well-documented economic benefits

Most technology workers enter the U.S. on H-1B visas, which are temporary work visas that are valid for three years and renewable up to another three years. At the end of the six-year period, these highly-skilled workers must either leave the country or apply for a costly green card that has a long waitlist, particularly for citizens of India and China.

“Extending the H-1B limit or making the green card process easier would provide immigrants with a longer legal work status in the U.S. and allow employers to retain high-skill talent, which could have downstream effects on other industries that use software, like banking, manufacturing and other sectors,” the authors write.

Since the H-1B visa was in introduced in 1990, it has yielded many economic benefits. For example, U.S.-born workers gained $431 million in 2010 as a result of the H-1B, according to previous research from Khanna. Moreover, another study of his revealed that hiring H-1B workers was strongly associated with firms introducing newer products.

However, new restrictions to the H-1B, the same type of visa the founder of SpaceX, Elon Musk, used to begin working in the U.S., could be released soon as the White House recently indicated it is reevaluating the program. This could yield another roadblock for the legalization of immigrants with entrepreneurial ambition.

“Unless immigrants are certain they will be allowed to remain within a country, they may not invest in developing a business in that country,” Khanna and Brown write. “This highlights a problem faced by many migrants who have ambitions to start businesses but will not because they know they may not be able to stay in the country for long.”

More protections for immigrants increases the likelihoods of jobs going to native born-workers, over immigrants

In addition to analyzing how immigrant rights aid entrepreneurship, Khanna and Brown also looked at how these policies impact the competition between native-born and immigrant workers. Immigrant worker rights protect migrant workers from employer exploitation; an indirect benefit of these laws is that they even the playing field between immigrants and non-immigrants.

“Migrant workers, who are not legally protected, face much lower wages compared with their native counterparts,” according to Khanna. “This is detrimental to U.S. born workers, who are less likely to be hired. Ensuring migrant workers have substantial rights inadvertently helps U.S. born workers as well.”

The study points to exclusionary immigration policies over the course of U.S. history, from the Chinese Exclusion Act of 1882, to the Kennedy and Johnson administrations’ policies targeted at farmworkers, all of which were driven by fear of low-skill laborers from other countries depressing wages of native-born workers in the U.S.

However, economist all over the world have been unable to find evidence that proves these theories. Rather, in each of these cases throughout U.S. history, employers adjusted to the missing workers in ways other than substantially bidding up wages, such as by shifting to production technologies that use less labor.

“Often, such policies have been motivated by resentment against foreign workers; however, this fear may be based on false perceptions and lack of evidence,” the authors of the paper, which appeared in the UCLA Journal of International Law & Foreign Affairs, write. “This resentment may also be driven by racial prejudices and xenophobia.”

Rights for immigrants also lower crimes in receiving countries

Even as the discussion on the impact of immigration has predominantly focused on wages and employment, the current U.S. President has strongly alluded to a link between immigrants and crime, propelling growing discourse on the subject.

Between 2001 and 2017, Gallup polls consistently reflected that roughly half (45 percent to 58 percent) of American respondents believe immigrants make the crime situation worse. These assumptions are false. The authors cite ample research that sheds light on incarceration rates being lower for immigrants, and far lower for newly arrived immigrants, revealing the baseline for criminal activity among immigrants is lower than native-born workers.

In addition, the authors point to previous studies that revealed a correlation between immigrant rights with decreased crime over the course of four decades (1970 to 2010).

“This is because the less protection and work opportunities immigrants have, the more likely they are to turn to criminal activity, as an act of desperation,” said Khanna. “Criminal behavior is widely understood to be a result of necessity and when given legal employment opportunities at livable wages, crime is reduced.”

For example, after the Immigration Reform and Control Act (IRCA) of was implemented in 1986, which gave legal status to three million immigrants in the U.S., it led to a marked decrease in crime up to 5 percent.

Legal protections lower the fiscal burden and reduce deficits

Contrary to popular belief, undocumented migrant workers pay taxes, mostly income taxes, which are estimated to at $11.7 billion. Yet the number would be higher (by $2.2 billion) if undocumented migrants were granted legal status, an important consideration as the national deficit mounts in the wake of COVID-19.

Additional ways more protections for migrants would help domestic populous could be lower health care costs. Undocumented migrants may not be eligible for insurance, adding to healthcare costs in times of emergency.

“We find that the fiscal burden can be greatly reduced if immigrants are given working status and allowed to contribute to the tax base,” the authors wrote. “In conclusion, we find there are several areas where strengthening migrant worker rights benefits native-born workers, outweighing any costs borne by them.”

To read the full paper, go to the UCLA Journal of International Law & Foreign Affairs website.

Media Contact
Christine Clark
ceclark@ucsd.edu
https://ucsdnews.ucsd.edu/pressrelease/new-visa-restrictions-will-make-the-u.s-economic-downturn-worse

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

The fear mongering, racist lies, anti-scientific BS, and White Nationalist false narratives pushed by the Trump regime and enabled by a feckless Congress and complicit Article III Courts that refuse to give meaning to our Constitution and statutes while failing to require honesty and candor from the Administration are destroying America.

No, everything can’t be changed overnight. Sadly, the damage inflicted by Trump, his corrupt cronies, and his supporters on America and on our democratic institutions is huge; it will take years if not decades to repair. That’s what makes the exceptionally poor performance of Congress and the Federal Judiciary as a whole under the defective leadership of the Supremes so reprehensible. Far, far too many of the wrong people in the wrong jobs at the worst time in our history for fecklessness, lack of courage, and absence of integrity, not to mention empathy and compassion for “the other.” Disgraceful!

But regime change and appointing Federal Judges who demonstrate “community creds,” a commitment to due process, fundamental fairness, equal justice under law, human rights, and human decency would be an important necessary step to making social justice in America a reality rather than just a slogan. It would also help protect us against any future “Trump-style, neo-fascist regime.”

This November, vote like your life depends on it. Because it does!

PWS

06-06-20

ANNE APPLEBAUM @ THE ATLANTIC: “History Will Judge the Complicit: Why have Republican leaders abandoned their principles in support of an immoral and dangerous president?” ☠️👎🏻

https://apple.news/Al__dZnidS7iBkjiQiuWRfg

. . . .

In February, many members of the Republican Party leadership, Republican senators, and people inside the administration used various versions of these rationales to justify their opposition to impeachment. All of them had seen the evidence that Trump had stepped over the line in his dealings with the president of Ukraine. All of them knew that he had tried to use American foreign-policy tools, including military funding, to force a foreign leader into investigating a domestic political opponent. Yet Republican senators, led by Mitch McConnell, never took the charges seriously. They mocked the Democratic House leaders who had presented the charges. They decided against hearing evidence. With the single exception of Romney, they voted in favor of ending the investigation. They did not use the opportunity to rid the country of a president whose operative value system—built around corruption, nascent authoritarianism, self-regard, and his family’s business interests—runs counter to everything that most of them claim to believe in.

Just a month later, in March, the consequences of that decision became suddenly clear. After the U.S. and the world were plunged into crisis by a coronavirus that had no cure, the damage done by the president’s self-focused, self-dealing narcissism—his one true “ideology”—was finally visible. He led a federal response to the virus that was historically chaotic. The disappearance of the federal government was not a carefully planned transfer of power to the states, as some tried to claim, or a thoughtful decision to use the talents of private companies. This was the inevitable result of a three-year assault on professionalism, loyalty, competence, and patriotism. Tens of thousands of people have died, and the economy has been ruined.

This utter disaster was avoidable. If the Senate had removed the president by impeachment a month earlier; if the Cabinet had invoked the Twenty-Fifth Amendment as soon as Trump’s unfitness became clear; if the anonymous and off-the-record officials who knew of Trump’s incompetence had jointly warned the public; if they had not, instead, been so concerned about maintaining their proximity to power; if senators had not been scared of their donors; if Pence, Pompeo, and Barr had not believed that God had chosen them to play special roles in this “biblical moment”—if any of these things had gone differently, then thousands of deaths and a historic economic collapse might have been avoided.

The price of collaboration in America has already turned out to be extraordinarily high. And yet, the movement down the slippery slope continues, just as it did in so many occupied countries in the past. First Trump’s enablers accepted lies about the inauguration; now they accept terrible tragedy and the loss of American leadership in the world. Worse could follow. Come November, will they tolerate—even abet—an assault on the electoral system: open efforts to prevent postal voting, to shut polling stations, to scare people away from voting? Will they countenance violence, as the president’s social-media fans incite demonstrators to launch physical attacks on state and city officials?

Each violation of our Constitution and our civic peace gets absorbed, rationalized, and accepted by people who once upon a time knew better. If, following what is almost certain to be one of the ugliest elections in American history, Trump wins a second term, these people may well accept even worse. Unless, of course, they decide not to.

When I visited Marianne Birthler, she didn’t think it was interesting to talk about collaboration in East Germany, because everybody collaborated in East Germany. So I asked her about dissidence instead: When all of your friends, all of your teachers, and all of your employers are firmly behind the system, how do you find the courage to oppose it? In her answer, Birthler resisted the use of the word courage; just as people can adapt to corruption or immorality, she told me, they can slowly learn to object as well. The choice to become a dissident can easily be the result of “a number of small decisions that you take”—to absent yourself from the May Day parade, for example, or not to sing the words of the party hymn. And then, one day, you find yourself irrevocably on the other side. Often, this process involves role models. You see people whom you admire, and you want to be like them. It can even be “selfish.” “You want to do something for yourself,” Birthler said, “to respect yourself.”

For some people, the struggle is made easier by their upbringing. Marko Martin’s parents hated the East German regime, and so did he. His father was a conscientious objector, and so was he. As far back as the Weimar Republic, his great-grandparents had been part of the “anarcho-syndicalist” anti-Communist left; he had access to their books. In the 1980s, he refused to join the Free German Youth, the Communist youth organization, and as a result he could not go to university. He instead embarked on a vocational course, to train to be an electrician (after refusing to become a butcher). In his electrician-training classes, one of the other students pulled him aside and warned him, subtly, that the Stasi was collecting information on him: “It’s not necessary that you tell me all the things you have in mind.” He was eventually allowed to emigrate, in May 1989, just a few months before the fall of the Berlin Wall.

In America we also have our Marianne Birthlers, our Marko Martins: people whose families taught them respect for the Constitution, who have faith in the rule of law, who believe in the importance of disinterested public service, who have values and role models from outside the world of the Trump administration. Over the past year, many such people have found the courage to stand up for what they believe. A few have been thrust into the limelight. Fiona Hill—an immigrant success story and a true believer in the American Constitution—was not afraid to testify at the House’s impeachment hearings, nor was she afraid to speak out against Republicans who were promulgating a false story of Ukrainian interference in the 2016 election. “This is a fictional narrative that has been perpetrated and propagated by the Russian security services themselves,” she said in her congressional testimony. “The unfortunate truth is that Russia was the foreign power that systematically attacked our democratic institutions in 2016.”

Lieutenant Colonel Alexander Vindman—another immigrant success story and another true believer in the American Constitution—also found the courage, first to report on the president’s improper telephone call with his Ukrainian counterpart, which Vindman had heard as a member of the National Security Council, and then to speak publicly about it. In his testimony, he made explicit reference to the values of the American political system, so different from those in the place where he was born. “In Russia,” he said, “offering public testimony involving the president would surely cost me my life.” But as “an American citizen and public servant … I can live free of fear for mine and my family’s safety.” A few days after the Senate impeachment vote, Vindman was physically escorted out of the White House by representatives of a vengeful president who did not appreciate Vindman’s hymn to American patriotism—although retired Marine Corps General John Kelly, the president’s former chief of staff, apparently did. Vindman’s behavior, Kelly said in a speech a few days later, was “exactly what we teach them to do from cradle to grave. He went and told his boss what he just heard.”

[Read: John Kelly finally lets loose on Trump]

But both Hill and Vindman had some important advantages. Neither had to answer to voters, or to donors. Neither had prominent status in the Republican Party. What would it take, by contrast, for Pence or Pompeo to conclude that the president bears responsibility for a catastrophic health and economic crisis? What would it take for Republican senators to admit to themselves that Trump’s loyalty cult is destroying the country they claim to love? What would it take for their aides and subordinates to come to the same conclusion, to resign, and to campaign against the president? What would it take, in other words, for someone like Lindsey Graham to behave like Wolfgang Leonhard?

If, as Stanley Hoffmann wrote, the honest historian would have to speak of “collaborationisms,” because the phenomenon comes in so many variations, the same is true of dissidence, which should probably be described as “dissidences.” People can suddenly change their minds because of spontaneous intellectual revelations like the one Wolfgang Leonhard had when walking into his fancy nomenklatura dining room, with its white tablecloths and three-course meals. They can also be persuaded by outside events: rapid political changes, for example. Awareness that the regime had lost its legitimacy is part of what made Harald Jaeger, an obscure and until that moment completely loyal East German border guard, decide on the night of November 9, 1989, to lift the gates and let his fellow citizens walk through the Berlin Wall—a decision that led, over the next days and months, to the end of East Germany itself. Jaeger’s decision was not planned; it was a spontaneous response to the fearlessness of the crowd. “Their will was so great,” he said years later, of those demanding to cross into West Berlin, “there was no other alternative than to open the border.”

But these things are all intertwined, and not easy to disentangle. The personal, the political, the intellectual, and the historical combine differently within every human brain, and the outcomes can be unpredictable. Leonhard’s “sudden” revelation may have been building for years, perhaps since his mother’s arrest. Jaeger was moved by the grandeur of the historical moment on that night in November, but he also had more petty concerns: He was annoyed at his boss, who had not given him clear instructions about what to do.

Could some similar combination of the petty and the political ever convince Lindsey Graham that he has helped lead his country down a blind alley? Perhaps a personal experience could move him, a prod from someone who represents his former value system—an old Air Force buddy, say, whose life has been damaged by Trump’s reckless behavior, or a friend from his hometown. Perhaps it requires a mass political event: When the voters begin to turn, maybe Graham will turn with them, arguing, as Jaeger did, that “their will was so great … there was no other alternative.” At some point, after all, the calculus of conformism will begin to shift. It will become awkward and uncomfortable to continue supporting “Trump First,” especially as Americans suffer from the worst recession in living memory and die from the coronavirus in numbers higher than in much of the rest of the world.

Or perhaps the only antidote is time. In due course, historians will write the story of our era and draw lessons from it, just as we write the history of the 1930s, or of the 1940s. The Miłoszes and the Hoffmanns of the future will make their judgments with the clarity of hindsight. They will see, more clearly than we can, the path that led the U.S. into a historic loss of international influence, into economic catastrophe, into political chaos of a kind we haven’t experienced since the years leading up to the Civil War. Then maybe Graham—along with Pence, Pompeo, McConnell, and a whole host of lesser figures—will understand what he has enabled.

In the meantime, I leave anyone who has the bad luck to be in public life at this moment with a final thought from Władysław Bartoszewski, who was a member of the wartime Polish underground, a prisoner of both the Nazis and the Stalinists, and then, finally, the foreign minister in two Polish democratic governments. Late in his life—he lived to be 93—he summed up the philosophy that had guided him through all of these tumultuous political changes. It was not idealism that drove him, or big ideas, he said. It was this: Warto być przyzwoitym—“Just try to be decent.” Whether you were decent—that’s what will be remembered.

This article appears in the July/August 2020 print edition with the headline “The Collaborators.”

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

Read Applebaum’s entire, much longer article at the link. Part of it is a fascinating study of how and why, despite backgrounds pointing in exactly the opposite directions, Lindsey Graham abandoned principle and became one of Trump’s “chief collaborators,” while Mitt Romney stood up against Trump and his GOP collaborators in the Senate.

These days, the GOP doesn’t produce many folks with intellectual honesty and capacity for self-examination. Indeed, those exhibiting anything suggesting those qualities might be lurking in their souls are shunned or railroaded out of the party (see, e.g., Jeff Flake). So, I wouldn’t hold my breath for any of Trump’s toadies to actually own up to or take responsibility for their “crimes against humanity.”

And “decency,” well, that’s been absent from GOP politicos for some time now. Kids in cages. Taking away the legal and constitutional rights of asylum seekers. Sending abused women refugees back to be tortured by their abusers. Attacking California’s meager payments to our undocumented fellow humans, many performing essential services at risk to their health. Turning Immigration Courts into Star Chambers. Using false narratives to incite hate attacks on African Americans, Hispanic Americans, Asian Americans, and American Journalists. Failing to speak out forcefully against anti-semitic White Nationalist thugs. Looking the other way or even encouraging Trump to mistreat those courageous civil servants who dare speak truth to his lies. “Orbiting” vulnerable asylum seekers back to squalid danger zones. Denying detained kids toothbrushes.The list of indecent acts could go on almost forever.

But, fortunately, as Applebaum suggests, that won’t save these GOP collaborators from the judgments of history. Unfortunately, however, historical vindication won’t save the lives of those victims who have died at the collaborators’ hands, nor will it undo the scars that some will bear for life as the result of the “crimes against humanity” committed by Trump and his GOP cronies. And, that’s the indelible shame of a nation that let Trump and the GOP wield their toxic political power in the first place.

Due Process Forever! Complicity in the Face of Tyranny, Never!

PWS

06-04-20

🤡CLOWN SHORTAGE IN AMERICA? — EOIR CAN’T FIND ONE TO FILL DEPUTY DIRECTOR JOB — Re-Advertises, Again! — ☠️☠️☠️WARNING: Successful Candidate Must Have Experience in “Cooking Books” & Be Willing “Fall Guy” For America’s Most Dysfunctional Parody of a “Court System!”☠️☠️☠️

🤡🤡🤡🤡🤡

Deputy Director

DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

Overview
Locations
Duties
Requirements
Required Documents
Benefits
How to apply

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Overview

Open & closing dates
Opening and closing dates 06/02/2020 to 07/02/2020

Service
Senior Executive

Pay scale & grade
ES 00

Salary
$131,239 to $197,300 per year

Appointment type
Permanent

Work schedule
Full-Time

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Location

1 vacancy in the following location:

Falls Church, VAFalls Church, VA

Relocation expenses reimbursed

No

Telework eligible

No

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This job is open to

Senior executives
Those who meet the five Executive Core Qualifications (ECQs).

Clarification from the agency

U.S. Citizens

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Announcement number

SES-10830644-20-AS

Control number

569755300

Duties
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Duties
Summary
If you are interested in a rewarding and challenging career, this is the position for you!

Learn more about this agency
Responsibilities
The Executive Office for Immigration Review (EOIR) seeks highly-qualified individuals to join our team of expert professionals in becoming a part of our challenging and rewarding Agency. The primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR consists of three adjudicatory components: The Office of the Chief Immigration Judge, which is responsible for managing the Immigration Courts where Immigration Judges adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of these Immigration Judge decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases.

This position is located in the Office of the Director, Executive Office for Immigration Review, U. S. Department of Justice. Incumbent serves as the Deputy Director. This position enjoys the full delegated authority of the Director to manage all aspects of EOIR operations. Thus, the incumbent is responsible for the supervision of the Chairman of BIA, the Chief of OCIJ, the Chief of OCAHO, and all agency personnel in the execution of their duties.

Typical work assignments will include:

Responsible for the formulation and administration of policies affecting the mission of EOIR.

Manages the development, evaluation, and implementation of policies for agency-wide programs.

Explores and plans long-range development goals, as well as short-term strategies.

Develops and implements funding and resource strategies to further the agency’s goals and oversees strategic planning for all agency components.

Exercises the authority delegated by the Attorney General and represents the position and policies of EOIR the the Attorney General, the Deputy Attorney General, Members of Congress and other governmental bodies, the press, the bar, and private groups interested in immigration matter.

Travel Required
Occasional travel – You may be expected to travel for this position.Supervisory status
Yes

Promotion Potential
00

Job family (Series)
0905 Attorney

Requirements
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Requirements
Conditions of Employment

You must be a U.S. Citizen or National.

You must complete a background investigation, credit check, and drug test.

Selective Service Registration is required, as applicable.

May be required to file a Financial Disclosure.

Salary payments must be by direct deposit to a financial institution.

Probationary period: For those entering the SES career service for the first time are subject to a one-year probationary period.

Managerial qualifications of those not a current or former SES employee must be approved by OPM before appointment.

Those who completed the Candidate Development Program (CDP) and have ECQ’s certified by OPM must provide a copy with the application.

Applicants must meet all qualifications and eligibility requirements by the closing date of the announcement.

Qualifications
In order to qualify for the Deputy Director position, you must meet the following minimum qualifications:

Education: Applicants must possess a LL.B. or a J.D. degree.

-AND-

Licensure: Applicants must be an active member of the bar, duly licensed and authorized to practice law as an attorney under the laws of a U.S. state, territory, Puerto Rico or the District of Columbia (include the MM/YY date of your admission to the bar).

-AND-

Experience: Applicants must be U.S. citizens and must have practiced as an attorney, post-bar admission, for a minimum of seven (7) years at the time the application is submitted with at least 1 year of experience at a level equivalent to the GS-15 in the Federal service.(Your resume must CLEARLY demonstrate this experience)

Applicants must meet all qualifications and eligibility requirements by the closing date of the announcement.

IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. If your resume does not support your questionnaire answers, we will not allow credit for your response(s).

For more information on the qualifications for this position, click here.

Executive Core Qualifications (ECQs):

ECQ 1- LEADING CHANGE. This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment.

Leadership Competencies: Creativity & Innovation, External Awareness, Flexibility, Resilience, Strategic Thinking, Vision

ECQ 2- LEADING PEOPLE. This core qualification involves the ability to lead people toward meeting the organization’s vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.

Leadership Competencies: Conflict Management, Leveraging Diversity, Developing Others, Team Building

ECQ 3 – RESULTS DRIVEN. This core qualification involves the ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks.

Leadership Competencies: Accountability, Customer Service, Decisiveness, Entrepreneurship, Problem Solving, Technical Credibility.

ECQ 4- BUSINESS ACUMEN. This core qualification involves the ability to manage human, financial, and information resources strategically.

Leadership Competencies: Financial Management, Human Capital Management, Technology Management

ECQ 5- BUILDING COALITIONS. This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals.

Leadership Competencies: Partnering, Political Savvy,Influencing/Negotiating

Mandatory Technical Qualification Requirements:

In addition to the ECQs above, qualified candidates must possess the following technical qualifications. Possession of these technical qualifications must be clearly documented in your application package and should be addressed separately.

1. Ability to interpret cases, statues and administrative regulations and apply them to an organizations mission.

2. Comprehensive knowledge of immigration law and procedure, with particular expertise in administrative and Judicial case law and regulations.

3. Ability to draft regulations to implement Department and agency policy and statutory requirements.

4. Ability to represent an organization in administration hearings and proceedings.

5. Demonstrated decision-making, problem- solving, and legal writing skills.

6. Ability to create a customer-service driven organization.EducationAdditional information
Conditions of Employment: Only U.S. Citizens or Nationals are eligible for employment with the Executive Office for Immigration Review. Dual citizens of the U.S. and another country will be considered on a case-by-case basis. All DOJ applicants, both U.S. citizens and non-citizens, whose job location is with the U.S., must meet the residency requirement. For a total of three (not necessarily consecutive years) of the five years immediately prior to applying for a position, the applicant must have: 1) resided in the U.S., 2) worked for the U.S. overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.

NOTE: Veteran’s preference does not apply to this position. 5 USC 2108(3), which defines “preference eligible”, indicates this does not include applicants for, or members of, the Senior Executive Service.

If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application.Read moreHow You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Once the application process is complete, a review of your resume and supporting documentation will be made and compared against your responses to the assessment questionnaire to determine if you are qualified for this job.

In order to be rated as meeting the minimum qualifications, we must be able to determine from your application package that you have the education and/or specialized or general experience that is required.

Applicants who have qualifying experience performed on less than a full-time basis must specify the percentage and length of time spent in performance of such duties.Read more
Background checks and security clearance
Security clearance
Top Secret Drug test required
Yes

Required Documents
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Required Documents
To apply for this position, you must provide a complete Application Package by the closing date of this announcement, which includes:

1. Your Resume showing relevant experience; cover letter optional

2. A complete Assessment Questionnaire

3. For those attempting to enter the SES career service for the first time, you must submit mandatory statements to address the Executive Core Qualifications (ECQ).

4. All applicants are required to submit the Mandatory Technical Qualifications (MTQ).

5. Current or former SES must submit SF-50 and/or SES certificate to show current or prior service.

Note: Please ensure that your resume contains your full name, address, phone number, employment information such as: Employer name and location; From and to dates (or from date to present for current position), which include the month and year MM/YY for each description of experience, with grade level held, if applicable, education, training etc. Qualifying experience performed on less than a full-time basis must specify the percentage and length of time spent in performance of such duties.
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

Benefits
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Benefits
A career with the U.S. Government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Learn more about federal benefits.Review our benefits
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time, or intermittent. Contact the hiring agency for more information on the specific benefits offered.

How to Apply
Help Help
How to Apply
You must submit a complete application package by 11:59 PM (EST) on the closing date of the announcement.

* To begin, click Apply Online to create a USAJOBS account or log in to your existing account. Follow the prompts to select your USAJOBS resume and/or other supporting documents and complete the occupational questionnaire, which can be previewed here: https://apply.usastaffing.gov/ViewQuestionnaire/10830644.

* Click the Submit My Answers button to submit your application package.

* It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.

* To verify your application is complete, log into your USAJOBS account, select the Application Status link and then select the more information link for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process.

* To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.Read more
Agency contact information
Allison Smith Allison Smith
Phone
(816) 426-5706
Email
allison.smith@opm.govAddress

Office of the Director

5107 Leesburg Pike, Ste. 2300

Falls Church, VA 22041

USLearn more about this agencyNext steps
You will be notified of your application status during the hiring process, as applicable. You may check your application status by accessing the USAJOBS website and clicking “Application Status”. The process may take up to 6 weeks.

The four points of notification are:

Application Received or Application Incomplete

Minimum Qualification Requirement Met/Not Met

Eligible (Application Referred) or Eligible (Application Not referred)

Selected or Not Selected

If your name is referred to the hiring official, you may be contacted directly by that office for a possible interview.Read more

Fair & Transparent
Fair & Transparent
The Federal hiring process is setup to be fair and transparent. Please read the following guidance.
Equal Employment Opportunity Policy
The United States Government does not discriminate in employment on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factor.

Equal Employment Opportunity (EEO) for federal employees & job applicants

Read more
Reasonable Accommodation Policy
Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application process should follow the instructions in the job opportunity announcement. For any part of the remaining hiring process, applicants should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
A reasonable accommodation is any change to a job, the work environment, or the way things are usually done that enables an individual with a disability to apply for a job, perform job duties or receive equal access to job benefits.
Under the Rehabilitation Act of 1973, federal agencies must provide reasonable accommodations when:

An applicant with a disability needs an accommodation to have an equal opportunity to apply for a job.

An employee with a disability needs an accommodation to perform the essential job duties or to gain access to the workplace.

An employee with a disability needs an accommodation to receive equal access to benefits, such as details, training, and office-sponsored events.

You can request a reasonable accommodation at any time during the application or hiring process or while on the job. Requests are considered on a case-by-case basis.
Learn more about disability employment and reasonable accommodations or how to contact an agency.Read more

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

According to insiders, this is the fourth or fifth attempt by the current regime to fill what normally would be a “highly desirable” career Senior Executive position. But, in the kakistocracy, it’s likely to be a “career ender.”

My advice: make sure you have paid up liability insurance and “alternate career plans” if you apply. A good “White Collar Crime” lawyer on retainer wouldn’t be a bad idea either.

PWS

06-05-20

🏴‍☠️“BIZARRO COURTS” — THE CONSTITUTION APPLIES TO ALL PERSONS IN THE U.S., YET ICE & THEIR “PARTNERS” AT EOIR HAVE ESTABLISHED A CONSTITUTION-FREE “COURT SYSTEM” THAT OPERATES BEYOND THE LAW & MORALITY IN A LEGAL NEVER-NEVER LAND 🧚‍♂️ — How Do They Get Away With It Under The Noses Of Congress & Article III Courts? — An Outrageous Story of Gross 🤮 Institutional & Personal Failures & Ethical Lapses Across All Three Branches of Our Federal Government ☠️👎🏻!

Paul Moses and Tim Healy report for The Daily Beast:

‘The Bizarro-World’ Immigration Courts Where the Constitution Isn’t Applied Detainees can be held for weeks or months before seeing a judge. The Justice Department gave “the word of the agency under penalty of perjury” that it would fix that—but only in NY

·         ICE officials acknowledged that they couldn’t handle the volume of arrests their own agents made; the major clog was in getting a legal review from the agency’s understaffed legal unit.

·         In 11 of the 55 venues that heard more than 500 cases last year, detainees spent six weeks or more in jail before an initial hearing. Such long waits would be unconstitutional in criminal cases; the right to due process requires authorities to not only get a case filed but also to provide an arraignment promptly, generally in no more than 48 hours.

·         Among the 55 venues that handled 500 or more detainee cases last year, the longest waits from arrest to initial hearing were in hearing locations at privately run lockups under contract with ICE: Winn Correctional Center in Winnifield, Louisiana, a median of 140 days; T. Don Hutto Residential Center in Taylor, Texas, 72 days; Richwood Correctional Center in Richwood, Louisiana, 64 days…

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

Ironically, by his own overt corruption and open disdain for our Constitution and the rule of law, Trump has exposed the deep flaws, grotesque derelictions of duty, and unethical complicity throughout our Constitutional institutions that are supposed to protect all of us, particularly the most vulnerable among us like civil immigration detainees and asylum seekers, from abuses by would-be authoritarian tyrants like Trump!

Here’s a gem:

“The larger question behind this mass of numbers is why DHS is detaining so many people when both its legal office and the court lack the staffing—not only judges but support staff as well—to handle them.

‘I would just say, they are the prosecuting agency and in this context, they have complete control over the timeline,’ said Aaron Hall, an immigration lawyer who practices at the court in Aurora, Colorado, which has had substantial delays. ‘If the charging document isn’t ready to go, why are they arresting them?’”

Good question! But don’t expect a straight answer from the “malicious incompetents” at DHS. Nor will today get anything except misleading nonsense from their “partners” at EOIR (“ICE Jr.”).

DOJ was forewarned of this disaster by an independent consultant back in 2017. But, rather than solving the problem, then AG Jeff “Gonzo Apocalypto” Sessions intentionally made things even worse at EOIR. You might remember “Gonzo” as the “mastermind” behind the regime’s unconstitutional child separation policy. His victims were returned to abuse, scarred for life, or imprisoned for the “crime” of asserting their Constitutional and legal rights to fair treatment.

All of this is wrong, plain and simple! It’s part of “Dred Scotiffication” — now playing out across our nation in many ways. Finally, the systematic “dehumanization of the other” as aided, abetted, and actually encouraged by a majority of the Supremes, is getting some much-needed and long overdue “pushback.”

But the abuses of our Constitution and our values, and the unaccountability of corrupt public officials, present and former, of the Trump immigration kakistocracy, won’t cease until we get “regime change.” That requires substantial personnel and attitude changes across all three branches of our reeling Federal Government! And that definitely includes accountability for those who have failed to insure “equal justice for all” and instead permitted and sometimes aided and abetted the existence of “Constitution-Free Zones” right under their noses!

Due Process Forever! Complicit Officials & Institutions, Never!

PWS

6-04-20

KAKISTOCRACY KORNER: FRAUD, WASTE, & ABUSE UNDER THE EOIR BIG TOP 🤡🎪🤹‍♂️ — TRAC DECLARES EOIR’S BOGUS STATISTICS TO BE NATIONAL DISASTER! ☠️— “The EOIR’s apparent reckless deletion of potentially irretrievable court records raises urgent concerns that without immediate intervention the agency’s sloppy data management practices could undermine its ability to manage itself, thwart external efforts at oversight, and leave the public in the dark about essential government activities.”🤮 — WHERE’S THE OVERSIGHT? WHERE’S THE ACCOUNTABILITY?

https://trac.syr.edu/immigration/reports/611/

EOIR’s Data Release on Asylum So Deficient Public Should Not Rely on Accuracy of Court Records

TRAC has concluded that the data updated through April 2020 it has just received on asylum and other applications for relief to the Immigration Courts are too unreliable to be meaningful or to warrant publication. We are therefore discontinuing updating our popular Immigration Court Asylum Decisions app, and will take other steps to highlight this problem[1]. We also wish to alert the public that any statistics EOIR has recently published on this topic may be equally suspect, as will be any future reports the agency publishes until these major data deficiencies are explained and rectified[2].

The EOIR’s apparent reckless deletion of potentially irretrievable court records raises urgent concerns that without immediate intervention the agency’s sloppy data management practices could undermine its ability to manage itself, thwart external efforts at oversight, and leave the public in the dark about essential government activities. Left unaddressed, the number of deleted records will compound each month and could trigger an expensive data crisis at the agency. And here the missing records are the actual applications for asylum, and how the court is handling them. This is a subject on which there is widespread public interest and concern.

EOIR Data Irregularities Approaching Point of No Return

Despite TRAC’s appeals to the EOIR, Immigration Court records continue to disappear each month. TRAC initially reported 1,507 missing applications for relief in our October 2019 report, which grew to 3,799 missing applications the following month. We wrote EOIR Director James McHenry providing a copy of the 1,507 missing applications asking for answers on why these records were missing from their files. We wrote again when the number of missing applications more than doubled the following month. These letters were met with silence. Not only have these cases disappeared entirely, they have not been restored in any subsequent data releases and the number of missing relief applications continue to grow. (See the final section for a short explanation of TRAC’s methodology.)

Alarmingly, the number of relief applications that were present in the March 2020 data release but were missing in the April release jumped to 68,282. This is just the number of records that disappeared over a single month. It does not include the ever growing number of applications that had previously disappeared month-by-month. As was true in past months, roughly four out of five of the records in the March 2020 release that disappeared from April’s release concerned applications on which the court had rendered its decision, including many cases in which the immigration judge had granted asylum as well as other forms of relief.

To put that into perspective, the number of missing cases just last month is more than the 63,734 asylum applications received by the Immigration Courts during all of FY 2015. If these applications are missing because they have been deleted from the Court’s own master files, the magnitude of the task of restoring just this single month’s destruction—assuming this is even possible—is enormous. To go back and restore the cumulative number of relief applications that went missing during previous months will obviously be even greater.

In fact, so many asylum decisions were dropped from EOIR’s April release that the cumulative number of asylum decisions went down, not up, despite asylum decisions continuing to be made. The volume of disappearing records has reached a scale that little faith can be placed in the factual accuracy of reports published by the EOIR based on its data.

The EOIR’s escalating data problems should raise dire concerns for Congress, policymakers and the public who routinely put their faith in federal agencies to provide complete and accurate information about their work. Indeed, the management of the court system itself, including the quota system recently imposed on immigration judges, presupposes the accuracy of the court’s own records. It is deeply worrisome that the EOIR and the Department of Justice appear unconcerned with ensuring that their own records are accurate and uncommitted to providing the public with accurate and reliable data about the Court’s operations.

TRAC Urges EOIR to Take Immediate Action

To date, the EOIR has not responded to TRAC’s requests for an explanation of these disappearances, nor has the EOIR responded to TRAC’s FOIA requests for records that would shed light on this matter.

Therefore, TRAC has written a third letter to Director McHenry reporting our findings of 68,282 new disappearances and we are again seeking a commitment from him to take the steps needed to address the problem. More urgently, we are asking that the EOIR immediately preserve—rather than destroy—all back-up tapes or other media in the hopes that records apparently improperly deleted from the Court’s master files might be restored. We assured Director McHenry that we would be more than happy to work cooperatively with the agency to help them better ensure that going forward the public is provided with more accurate and reliable data about the Immigration Court’s operations.

How EOIR’s Data Mismanagement Impacts TRAC’s Immigration Court Tools

TRAC’s mission is to provide the public with accurate, reliable, unbiased, and timely data on the operations of the federal government, and to ensure that the public is informed about changes that impact our data.

The EOIR’s disappearing records fall under the data related to applications for relief. The record on the existence of the court case itself is present, but for a growing number of these cases there now is no record that the immigrant ever applied for relief, or the court’s decision on that application. One of the key moments in the life of the case—including applications for asylum—is missing entirely. As a direct consequence TRAC does not have the information needed to provide reliable or meaningful updates on the court’s handling of applications for asylum and must therefore discontinue updating its asylum decision app.

While each of the other files in EOIR’s monthly data releases also have the same problem of records disappearing, the magnitude of these disappearances has not reached the levels seen with applications for relief. While still worrisome, these levels have not yet climbed to where we believe we can no longer use the information we receive. Thus, we are continuing to update the rest of our other Immigration Court apps. We continue to closely monitor the situation, while we urge EOIR to explain why records keep disappearing. We further continue to ask the agency to take the steps needed to rectify the situation.

TRAC will continue to retain all previous and future EOIR data shipments for research purposes.

How did TRAC Identify the EOIR’s Data Irregularities?

The Executive Office for Immigration Review (EOIR) oversees the nationwide Immigration Court system, including more than 60 physical Immigration Court locations (as well as many more remote hearing locations including teleconference sites and ad hoc “tent” courts), hundreds of Immigration Judges, and millions of immigration cases that pass through the court system. The EOIR records information on each case and tracks various proceedings, filings, hearings and other aspects of each case in a large database. This database is central to the Court’s ability to manage its workload, prepare and publish reports for the public, and respond to queries from Congress about its operations. It is also used in implementing new practices, including the recent decision to impose new evaluation criteria for Immigration Judges.

As a result of TRAC’s ongoing FOIA requests, the EOIR releases a large batch of anonymized Immigration Court data each month that provides a snapshot of a great deal of the information recorded in this database on the handling of each case. In short, TRAC does not create data on the EOIR; rather, TRAC’s uses the EOIR’s own data. This data is the foundation for TRAC’s Immigration Court data tools which help ensure transparency and accountability for the American public.

TRAC used this data to precisely identify deleted records. While the information TRAC receives does not identify individuals, EOIR’s computer system assigns a unique computer sequence number to each case that identifies it. Because TRAC receives comprehensive data shipments from the EOIR each month that include these unique computer-assigned tracking numbers, TRAC can match each record received in the previous month with the same corresponding record in the following month’s release. Each release is also cumulative. That means it should include every record from the previous month plus every new record that has been added to the database over the course of the current month. As a rule, records should therefore never disappear[3].

When a record that was present is not included in the next month’s release, TRAC refers to these as missing or disappearing records. Because humans maintain most databases including EOIR’s, mistakes will occur. Therefore no database is ever perfect. So a few disappearing records might be expected. However, as is the situation here, concern is warranted whenever significant numbers of records disappear. Indeed, alarm bells should ring as the number of disappearing records grow. This situation means the data can no longer be trusted to reliably track the court’s proceedings.

Footnotes

[1] EOIR monthly releases consist of a series of tables covering different aspects of its workload. While each of these tables continue to have disappearing records each month, the magnitude of these missing records varies by table. For example, in the table that tracks each case before the court there were 228 cases present in March that disappeared from the April release, compared with 41,233 new cases that were added. While the problem of disappearing case records remains very troubling for the case table along with each of the other EOIR tables, TRAC believes that their magnitudes do not rise to the same level as the problem for applications for relief where the data now are so unreliable and misleading that they do not warrant the public placing any trust in them. At this time, we therefore are continuing to update our other Immigration Court apps while alerting the public to this continuing serious problem that affects the reliability of EOIR data releases more generally.

[2] For an example of a recent EOIR publication that may contain significant data errors, see the graph and table reporting total asylum applications through March 2020, which was generated using data from April 2020: https://www.justice.gov/eoir/page/file/1106366/download.

[3] Even when a data entry error is made, the database has special codes to indicate that a record should be disregarded because it was a data entry error so that rarely is it necessary to actually delete records.

TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563.

. . . .

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

Read the rest of TRAC’s report at the link.

EOIR isn’t willing and able to do its only function: provide fair, impartial, and timely adjudications to asylum seekers and other migrants while following best judicial practices.

But they do have time to waste taxpayers’ money on nonsense like the chart at this link: https://www.justice.gov/eoir/file/1217001/download. This was obviously designed to further the Trump regime’s false narrative regarding the merits of asylum claims. While the chart is largely incomprehensible, misleading nonsense, what stands out is this:

At the end of an abusive process during which the law has been illegally skewed against asylum seekers and “judges,” most of whom are not experts in asylum law and who have never even represented an asylum seeker, are encouraged to deny meritorious claims for protection, against the odds, over 25% (12 of 47) of those who actually get through this biased dysfunctional mess still get asylum!

It’s reasonable to believe that under a fair system, with impartial decision makers who have expertise in asylum law, and without the interference of biased, overtly anti-asylum politicos like Sessions and Barr, asylum seekers would succeed the majority of the time, as they did before efforts by both the Obama and Trump Administrations to “ratchet down” asylum grants so that the EOIR system would serve DHS Enforcement as a “deterrent” to those seeking protection.

Obviously, the DOJ is afraid that under a fair, independent judicial system that actually employed judges who were experts in asylum law and who had real life experience representing asylum applicants, the majority of claims would be granted, thereby exposing the fraud, dishonesty, and misconduct involved in the present anti-asylum system.

It’s a national disgrace that is actually harming and sometimes killing those deserving of protection under our law.

Due Process Forever! Dishonest, Unethical, Incompetent, and Intentionally Biased “Courts” Never!

PWS

06-04-20

FINALLY, MATTIS SPEAKS OUT, RIPS TRUMP’S DISGRACEFUL REIGN: “Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership.”

https://www.axios.com/james-mattis-trump-protests-f325f239-17f1-4795-b6a4-0ab1587ad210.html?stream=top&utm_source=alert&utm_medium=email&utm_campaign=alerts_all

Orion Rummler reports for AXIOS:

Former Secretary of Defense James Mattis condemned President Trump for making a “mockery of our Constitution” in a statement to The Atlantic on Wednesday, saying he was “appalled” at the president’s response to mass protests in the wake of George Floyd’s killing.

Why it matters: Trump’s former defense secretary had refrained from publicly criticizing his former boss since resigning in 2018.

Full statement:

“I have watched this week’s unfolding events, angry and appalled. The words “Equal Justice Under Law” are carved in the pediment of the United States Supreme Court. This is precisely what protesters are rightly demanding. It is a wholesome and unifying demand—one that all of us should be able to get behind. We must not be distracted by a small number of lawbreakers. The protests are defined by tens of thousands of people of conscience who are insisting that we live up to our values—our values as people and our values as a nation.

When I joined the military, some 50 years ago, I swore an oath to support and defend the Constitution. Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the Constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside.

We must reject any thinking of our cities as a “battlespace” that our uniformed military is called upon to “dominate.” At home, we should use our military only when requested to do so, on very rare occasions, by state governors. Militarizing our response, as we witnessed in Washington, D.C., sets up a conflict—a false conflict—between the military and civilian society. It erodes the moral ground that ensures a trusted bond between men and women in uniform and the society they are sworn to protect, and of which they themselves are a part. Keeping public order rests with civilian state and local leaders who best understand their communities and are answerable to them.

James Madison wrote in Federalist 14 that “America united with a handful of troops, or without a single soldier, exhibits a more forbidding posture to foreign ambition than America disunited, with a hundred thousand veterans ready for combat.” We do not need to militarize our response to protests. We need to unite around a common purpose. And it starts by guaranteeing that all of us are equal before the law.

Instructions given by the military departments to our troops before the Normandy invasion reminded soldiers that “The Nazi slogan for destroying us…was ‘Divide and Conquer.’ Our American answer is ‘In Union there is Strength.’” We must summon that unity to surmount this crisis—confident that we are better than our politics.

Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. We can unite without him, drawing on the strengths inherent in our civil society. This will not be easy, as the past few days have shown, but we owe it to our fellow citizens; to past generations that bled to defend our promise; and to our children.

We can come through this trying time stronger, and with a renewed sense of purpose and respect for one another. The pandemic has shown us that it is not only our troops who are willing to offer the ultimate sacrifice for the safety of the community. Americans in hospitals, grocery stores, post offices, and elsewhere have put their lives on the line in order to serve their fellow citizens and their country. We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution. At the same time, we must remember Lincoln’s “better angels,” and listen to them, as we work to unite.

Only by adopting a new path—which means, in truth, returning to the original path of our founding ideals—will we again be a country admired and respected at home and abroad.”

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

Better late than never. But, what if Mattis had spoken out earlier and helped lead the opposition to Trump. Would things be different now? Where was his leadership when the GOP was ignoring the evidence and failing to vote to convict and remove Trump for clear abuse of his office?

PWS

06-04-20

RELIGION & POLITICS: TRUMP IS A GROTESQUE INSULT TO CHRISTIANITY — Christ Died For Others’ Sins; Trump Too Cowardly, Corrupt, & Insecure to Take Responsibility For Own Screw Ups!🤮

https://www.nytimes.com/2020/06/02/opinion/trump-bible-speech-st-johns-church.html

Elizabeth Bruenig writes in The NY Times:

Late Monday afternoon, President Trump emerged from the White House and strode in the cool spring daylight to St. John’s Church in Lafayette Square. It was supposed to be an act of defiance: Mr. Trump has bristled at the observation that during the protests roiling the capital he has burrowed into a fortified bunker rather than addressing the nation.

Like most performances arranged by Mr. Trump and associates, it made only a disjointed sort of sense. Yes, the president’s decision to march through the heart of the city’s unrest caused police and National Guard units to blast a peaceful crowd with tear gas and rubber bullets, carving a punishing path to the steps of St. John’s. But the show of force seemed to emphasize only that his legitimacy has shrunk to the point that he feels moved to dominate his own people with military power.

As he took up his post before the church, which was partially boarded up after a minor fire that broke out during a recent protest, Mr. Trump set his face in a stony scowl and held up a black Bible, tightly closed. “Is it your Bible?” a reporter shouted. “It’s a Bible,” Mr. Trump said neutrally. The entire routine was vulgar, blunt: There Mr. Trump was, holding aloft this mute book — neither opened, cited, nor read from — in the shadow of a vandalized church, claiming the mantle of righteousness.

After all, that was what he had come to do. A ruler maintaining order strictly by brute force has a problem. Such regimes are volatile and fragile, subject to eruptive dissolution. Mr. Trump may lack the experience or interest to even pantomime genuine Christian practice, but he has acute instincts when it comes to the symbolism of leadership. He seemed to know, as he positioned himself as the defender of the Christian faith, that he needed to imbue his presidency with some renewed moral purpose; Christianity was simply a convenient vein to tap.

“I think that’s a standard trope in American political frames of reference,” Luke Bretherton told me on a Monday night phone call. Mr. Bretherton, who is a professor of moral and political theology at Duke University’s Divinity School, cited Cold War efforts to demonize socialism as viciously atheistic and amoral. It was work undertaken with anxious eagerness precisely because socialist criticisms of American life were substantial and compelling.

. . . .

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

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

Christ’s humanity, forgiveness, and empathy for the outcasts of the world is completely lost on the totally immoral and willfully ignorant Trump. The Bible is just another prop. If Jesus came back to earth today, he certainly would be found with the protestors seeking social justice rather than the current inhabitant of the White House and his equally corrupt and immoral cronies like Billy Barr.

PWS

06-03-20

UPDATE:

Check out Tom Toles’s cartoon “Sermon From the Pit” (“Vengeance is Mine Sayeth the Lowered”) from today’s WashPost here:

https://www.washingtonpost.com/opinions/2020/06/02/trump-does-photo-op-show-just-how-low-he-can-go/

Just when you think Trump has hit the rock bottom, he takes it to an even lower level!

PWS

06-03-20

SUPREME FAILURE: HOW THE SUPREMES ENABLED STEPHEN MILLER’S RACIST ATTACK ON VULNERABLE IMMIGRANTS AND AMERICANS’ HEALTH, AT THE WORST POSSIBLE TIME – America Needs & Deserves Better From Our Life-Tenured Justices! – This Isn’t Rocket 🚀 Science — The Illegality and Immorality Are Clear – What’s Disturbingly Missing Is The Courage & Will to Stand Up To Trump, Miller, and Other Members of The Regime Who Are Running Roughshod Over Our Justice System & Our National Values 🏴‍☠️!

https://apple.news/A7DwtaicORlSZg-2eIijU5g

Jeremy Raff reports for The Atlantic:

On a Friday afternoon in mid-April, Gladys Vega received a disturbing message: A woman hospitalized with COVID-19 needed food for the 11-year-old daughter she’d left at home. Worried that the girl would go hungry, Vega rushed out of her office and into the tangle of downtown Chelsea, Massachusetts, a 1.8-square-mile city across the Mystic River from Boston. The 52-year-old Vega, wearing a black tracksuit, a highlighter-yellow T-shirt, and a little bit of matching eye glitter, jumped out of the car so quickly, I could barely keep up. She approached a narrow brick apartment building and asked the people on the stoop to open the front door. “You don’t have to worry; I’m not immigration,” Vega said in Spanish. “Let me in.”

Vega was accustomed to convincing fearful Chelsea residents to trust her. More and more restrictive federal immigration measures had motivated some locals—day laborers, food-factory workers, janitors, and other employees now deemed “essential”—to leave as few traces of their presence as possible: using P.O. boxes instead of their own mailboxes at home, and steering clear of public buildings where Immigration and Customs Enforcement had made arrests.

In late February, new Trump-administration regulations took effect that radically expand whom immigration officials judge to be a “public charge”—permanently dependent on government aid—and thus ineligible for a green card. The rules allow officials to deny green-card applicants if they have used food stamps, Medicaid, housing assistance, or other safety-net programs that were previously exempt from consideration.

Vega, the executive director of a social-justice organization called the Chelsea Collaborative, believes that these measures have made it more difficult for immigrants to get the care and support they need to stop the spread of COVID-19. Out of fear of triggering the new public-charge rule, immigrants in Chelsea have been disenrolling from public services, worsening the overcrowding, food insecurity, and poor access to health care that make the area so vulnerable to the coronavirus.

By mid-April, the infection rate in Chelsea was six times higher than the state average, comparable to the rate in the hardest-hit boroughs of New York City. With the support of local officials, Vega is trying to use the credibility she’s earned over decades of fighting slumlords, predatory bosses, and scammers to persuade the hardest-hit families to use a makeshift social safety net—and to go to the hospital despite their fear that doing so will be weaponized against them later.

“Because they’re afraid of their status,” Vega said, “they will not speak up.”

The message about the girl in need of food, Vega learned, was outdated: Her mother had returned home earlier that day, after spending a week in the hospital. Still wheezing, the woman stood in the doorway wearing pajama pants, a gray overcoat, and a surgical mask. She told me she had deferred care for two weeks, and went to the hospital only when she could no longer breathe. Vega had prepared a box of bread, corn flour, beans, cookies, cooking oil, and milk. “God bless you,” the woman said. One floor below, several families who appeared sick were crammed into a handful of rooms. Vega gave them a box too.

Forty-two years ago, in the midst of the blizzard of 1978, Vega’s parents moved her from a farm in Puerto Rico to their own cramped apartment in Chelsea. The city, the climate, the language—it was “a nightmare,” she told me.

Her cousins in town spoke only English, so she became close with the other Spanish-speaking kids in school—mostly children who had fled the Central American civil wars of the 1980s with their families. Vega came to understand that her classmates didn’t see parents or relatives left behind for years at a time, because of immigration restrictions. “My passion for organizing came from those classrooms,” she said. By seventh grade, Vega was protesting cuts to bilingual education with a 700-student walkout she’d organized.

The newly formed Chelsea Collaborative hired her as a receptionist in 1990, when she was 21. From the beginning, she was a troublemaker. “I liked to challenge the status quo,” she told me. She set about trying to “manage up,” and to persuade her boss, the executive director, to put Latinos on the board. Her playbook: She’d gently inquire about a retirement party for a current board member. Then she’d line up a replacement, drop hints about all the funding her new pick could bring in, and order a plaque for the presumptive retiree. She tried to make it effortless for her boss to take her advice. “That’s how I moved out all of these older white men,” she said with a laugh.

Vega witnessed the first major wave of immigrant disenrollment from safety-net programs when Congress passed the Clinton administration’s welfare-reform law in 1996. The legislation, along with an immigration bill passed the following month, restricted green-card holders from using some federal benefits during their first five years in the country. Vega was working as a community organizer for the Chelsea Collaborative by then, holding large meetings at the Saint Rose of Lima Catholic church, where she was connecting immigrants with employment and educational opportunities. After the new laws passed, Vega recalled, immigrants felt that “to take any public assistance, you needed to bleed for [the government] to trust you. It was similar to what is happening now in terms of public charge.”

[Read: ‘We are like sitting ducks’]

Around the same time that Vega was organizing at Saint Rose, Michael Fix, who is now a senior fellow at the nonpartisan Migration Policy Institute, received a sheaf of data from public-health officials in Los Angeles County that showed just how many noncitizens used public benefits before and after the laws took effect. The impact was apparent immediately, he recalled when we spoke. “I thought, Holy hell, what’s going on here?” Immigrant participation in health services had dropped sharply even among those who technically still qualified. Refugees, for instance, were unaffected by the new rules, but their participation in Medicaid fell 39 percent.

Fix and other researchers began to study these spillover consequences, concluding that they represented a chilling effect. Even immigration authorities were worried, especially about what the chilling effect would mean for public health. “Growing confusion is creating significant, negative public health consequences across the country,” the Immigration and Naturalization Service, which granted green cards at the time, wrote in 1999. “This situation is becoming particularly acute with respect to … the treatment of communicable diseases.”

Last summer, as the Trump administration’s beefed-up version of the public-charge rule sped toward approval, doctors and social workers at Massachusetts General Hospital’s clinic in Chelsea contacted Vega because they were concerned that immigrants were avoiding health care. The chilling effect was at work again. She brought clinic representatives to a street fair at Saint Rose full of food stalls and kids playing games on a warm evening. They walked around greeting attendees. “Please come back to MGH Chelsea,” Vega recalled the providers saying. “We miss you as patients.”

The expansion of the public-charge rule, Fix told me, is best understood as a way to favor affluent immigrants without having to go through Congress—a major victory for immigration hard-liners. According to an estimate by the liberal Center on Budget and Policy Priorities, the new standards are so restrictive that if they were applied to everyone in the United States, up to half of all Americans could be deemed a public charge and thus not qualify to settle in the country.

The current chilling effect has not been measured. But Tiffany Joseph, a sociologist at Northeastern University who studies health access in Boston’s immigrant neighborhoods, told me, “You should not underestimate how much the fear of ICE raids and the public-charge rule worsened the pandemic in Chelsea.”

Jessica Zeidman, a primary-care doctor at MGH Chelsea, told me that she saw disenrollment continue to intensify in the months before the pandemic hit. In December, for instance, a newly pregnant patient ended a checkup with a goodbye: She told Zeidman that she wouldn’t be seeing her anymore, for fear of triggering the rule, which would go into effect two months later. Zeidman tried to persuade her not to withdraw from WIC, the federal nutrition program for women, infants, and children, because the new restrictions wouldn’t apply to pregnant women.

“Most of the patients I have that have talked about disenrolling are not even actually affected by the rule; they just think they are,” Zeidman told me. “Part of its power is [that] it affects many, many more people than it’s actually written to affect.”

Around the same time, another one of her patients, a man in his 50s, opted to remove his name from a public-housing waiting list, even though he was eligible for the benefit, because he was afraid of somehow triggering the rule and preventing other family members from obtaining green cards. As the pandemic spread, Zeidman wondered whether he was still stuck in overcrowded housing, risking infection By early April, immigrant patients showed signs of serious illness, after waiting as long as possible to seek care, Zeidman said. Almost all of them had labored breathing and a high fever.

“We’re reaping what we’ve sown,” she said.

. . . .

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

Read the rest of the article at the link.

This isn’t rocket science! The irrationality, invidious motives, and danger to the public health of the Administration’s White Nationalist attack on vulnerable immigrants was obvious “from the git go.” Lower Federal Courts figured it out quickly and properly enjoined the illegal regulations change.

That’s hardly surprising given that the overwhelming majority of the 210,000 comments on the proposed change opposed it on public health and rational governance grounds, many coming from public health experts. The vile racism of Stephen Miller is also a matter of public record.

Nor is it surprising that the various “exemptions” are largely meaningless, given DHS’s and this regime’s complete and totally deserved lack of credibility in the immigrant community. It’s a commonly known fact of which any immigration practitioner or community worker would be aware, but of which members of our highest Court feign ignorance.

So, when we wonder “how we got to this point,” we can’t ignore the lack of practical understanding of human problems, absence of empathy, and the abandonment of fundamental principles of due process and equal justice for all represented by a Supremes’ majority that unleashed an illegal, ill-advised, invidiously discriminatory travesty like the “Stephen Miller’s public charge regulations” on our nation and some of our most vulnerable members of society – many of whom are actually suffering and even dying to bring us the essential goods and services that have kept us afloat during the pandemic.

A group of younger people that I work with raised these regulations with me recently. They appeared to have a very clear understanding of the adverse legal, ethical, practical, moral, and historical consequences of allowing one misguided group to inflict this type of invidious harm on another group in our society, thereby diminishing the general welfare. Pity that a majority of those serving on our highest Court lacked those same clear insights and values.

Actions and inactions have consequences. And, as we are now seeing, they can be quite ugly. A better Executive and a better Senate are keys to better Federal Courts, from the Supremes down to the Immigraton Courts. If nothing else, Trump has shown us how broken and feckless our current institutions are in the face of tyranny and “malicious incompetence.” We need regime change at all levels.

This November, vote like your life depends on it! Because it does!

PWS

06-02-20

🤡AMERICA’S CLOWN PRINCE DECLARES WAR ON: AMERICA! — As America Burns 🥵, He Throws Gasoline On Fire, Poses For Photo Op! — Malicious Incompetence, Unsuitability For Office On Full Display As Leaderless America Careens From Pandemic to Civil Rights Crisis! — “ Trump appeared to be trying to project strength at a moment when his presidency seems feckless and as the nation spins out of control. If it occurred abroad and not in the White House, Americans might perceive a ridiculous self-deluding act of a wanna-be strongman.”

Trump Clown — Donald J. Trump
Dangerous American Clown

https://www.cnn.com/2020/06/02/politics/donald-trump-george-floyd-protest-military/index.html

Stephen Collinson reports for CNN:

(CNN)President Donald Trump‘s made-for-TV embrace of authoritarianism’s imagery and tools at a brittle national moment risks unleashing toxic political forces that threaten America’s democratic traditions.

Trump on Monday turned security forces on peaceful protesters in front of the White House, as tear gas and rubber bullets flew, before declaring himself the “law and order” President. Then, in one of the most bizarre moments in modern presidential history, he strode across the park to stand in front of an iconic church holding a Bible aloft in a striking photo op.

It was a moment of vanity and bravado — orchestrated for the cameras and transparently political — as Trump struggles to cope with protests sweeping the country after the killing of George Floyd and tries to cover up his botched leadership during the coronavirus pandemic. Overnight, the White House’s official Twitter account released a triumphant video of the moment set to music but omitting any signs of the mayhem unleashed on the protesters.

Trump appeared to be trying to project strength at a moment when his presidency seems feckless and as the nation spins out of control. If it occurred abroad and not in the White House, Americans might perceive a ridiculous self-deluding act of a wanna-be strongman.

Trump threatens military force if violence in states isn’t stopped

“I thought I was watching a scene from something in Turkey, and not in the United States,” retired Lt. Gen. Russel Honore, who commanded National Guard troops in New Orleans after Hurricane Katrina, told CNN’s Anderson Cooper.

And after using St. John’s Church, the “church of the presidents,” which had experienced a basement fire during Sunday’s demonstrations, Trump drew immediate criticism from faith leaders, including Bishop Mariann Edgar Budde of the Episcopal Diocese of Washington.

“The President just used the Bible, our sacred text of the Judeo-Christian tradition, and one of the churches of my diocese, without permission, as a backdrop for a message antithetical to the teachings of Jesus,” Budde said on “AC360.”

Trump’s showmanship was motivated in part by anger at media coverage saying he had sheltered in a bunker below the White House on Friday night amid protests in Washington, CNN’s Kaitlan Collins and Kevin Liptak reported. It shows how far Trump will go to protect his own thin skin and how his power plays are often motivated by assaults on his dignity.

But his behavior is also alarming, considering the vast power at his command, uses of demagogic tropes and capacity to buckle the traditions and structures of civilian, democratic government. So while Trump’s turn to the rhetoric of the despotic leaders he so admires had elements of farce, it opened a sinister new chapter in his presidency and a challenge to American norms.

. . . .

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

Read the rest of Stephen’s report at the link.

America’s national nightmare can’t end until Trump and his GOP enablers are removed from office at the ballot box. Just because he’s an incompetent, cowardly, bully doesn’t mean he’s not dangerous. He is!

This November, vote like your life and our nation’s future existence depend on it! Because they do!

PWS

06-02-20

IMMIGRATIONPROF BLOG: Johnson, Olivas, Wadhia on DACA: “DACA will be reminisced as a story about human pain and hope.“

Kevin R. Johnson
Dean
UC Davis School of Law

Professor Michael Olivas
University of Houston Law Center

https://lawprofessors.typepad.com/immigration/2020/06/the-meaning-of-daca-by-kevin-r-johnson-michael-a-olivas-and-shoba-sivaprasad-wadhia-.html

The Meaning of DACA

By Kevin R. Johnson, Michael A. Olivas, and Shoba Sivaprasad Wadhia

The Supreme Court will soon release an opinion on the lawfulness of the Trump administration’s choice to end DACA or Deferred Action for Childhood Arrivals (DACA). Former President Barack Obama rolled out DACA in June 2012 and the Department of Homeland Security implemented it two months later through a memorandum signed by then-Secretary Janet Napolitano.

DACA, based on a conventional concept of prosecutorial discretion, provided limited relief from removal – and work authorization — to nearly 800,000 young undocumented immigrants through a discretionary tool called “deferred action.” All legal challenges to DACA, including one by campus immigration hawk former Maricopa County (Arizona) Sheriff Joe Arpaio, failed. How will the story of DACA be remembered?

Much more than the sum of its parts, DACA will be remembered as an intriguing political story. For years, Congress introduced legislation known as the DREAM Act to provide legal status and a pathway to permanent residency for young undocumented college students. Congress has debated some kind of comprehensive immigration reform over two decades. All of these efforts failed. Said President Obama in announcing DACA “In the absence of any immigration action from Congress to fix our broken immigration system, what we’ve tried to do is focus our immigration enforcement resources in the right places.” DACA helped jump start the forceful movement across the nation calling for the vindication of the rights of immigrants.

Politics led to DACA’s demise. Donald J. Trump ran for President on a strident immigration enforcement ticket and promised to end the “unconstitutional” DACA policy. After the inauguration of President Trump and lobbying by some Republican leaders to keep DACA, the administration tried to terminate DACA and announced this “wind-down” in a press conference on September 5, 2017. Ultimately, political slogans, not reasoned analysis, were offered for the decision to end DACA.

The Trump administration’s arguments to the Supreme Court defending the end of DACA were also mired in politics. In a convoluted fashion that wended its way to federal appellate courts from coast to coast, the administration—through a series of Interim leaders—simply ignored the requirements of the Administrative Procedure Act and in an arbitrary and capricious way simply declared that DACA was “illegal,” and that they were required to end it.

The claim that DACA was somehow “illegal” was simply not true. No court found it to be, and for good reason. Deferred action is an instrument of discretion used to shield “low priority” immigrants from deportation. Deferred action enjoys a long history and legal foundation across both Republican and Democratic administrations. The administration could decide to end the policy it, but not by undertaking the judicial role of declaring their own exercise of discretion to be unconstitutional. As it did in the Department of Commerce v. New York (2019) in manufacturing a civil rights rationale for a U.S. citizenship question on the 2020 Census that would have chilled the participation of many Latina/os and immigrants, the administration simply misrepresented facts. The Supreme Court should require the Department of Homeland Security to undertake the searching analysis of facts and policy impacts, and honestly proceed, playing by the rules. Those with DACA have upheld their part of this bargain, and the administration must abide by open and fair procedures required by the law.

DACA will be reminisced as a story about human pain and hope. Said one DACA recipient one author spoke to described September 5, 2017, the day the end of DACA was announced as “just an awful day … Eventually you just get over the pain, get over the fear… and you continue to organize and protect your community in whatever way you can.” Throughout the time DACA has been tossed around in the courts, thousands continue to build families of their own, work in the frontlines of healthcare. and revitalize classrooms in colleges and universities across the country, a phenomenon we have seen first-hand as educators and administrators. DACAmented recipients are now our doctors, lawyers, and schoolteachers, repaying the investment this country has made in them.

If the Supreme Court fails to require the Trump administration to abide by the law, as we urge the Court to insist upon, those with DACA must live under a cruel Sword of Damocles, with no clear pathway to legal permanent residency. They deserve an honest policy determination, and the Supreme Court should insist on no less. Ultimately, it will take Congressional action to enact a DREAM Act, and comprehensive immigration reform to enable these young members a means to their rightful place in our society.

—–

Kevin R. Johnson is Dean of the University of California, Davis School of Law and Mabie/Apallas Professor of Public Interest Law and Chicanx Studies.

Michael A. Olivas is William B. Bates Distinguished Chair of Law, Emeritus, at the University of Houston Law Center and the author of Perchance to DREAM: A Legal and Political History of The DREAM Act and DACA.

Shoba Sivaprasad Wadhia is Samuel Weiss Faculty Scholar, Founding Director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park, and the author of Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases and Banned: Immigration Enforcement in the Time of Trump.

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

I’ll be more blunt.

The Administration’s legal arguments for ending DACA have always been bogus and totally disingenuous. Indeed, they do not even remain the same from case to case as they essentially make it up as they go along. It’s all transparently about White Nationalist racism and political pandering to a right-wing minority.

The lower Federal Courts were nearly unanimous in rejecting the DOJ’s various bad faith positions. Yet, instead of unanimously blasting the Administration’s frivolous request for intervention out of hand and sending a clear message reaffirming the lower courts, the Supremes granted an audience to Francisco and the scofflaws.

By failing to send a clear message that political pandering at the expense of human lives won’t be tolerated, the Supremes have encouraged further lawless, insidiously-motivated acts by Trump and have become part of the problem. They have also unconscionably undermined lower Federal Court judges who stood up for the rule of law and removal of racism and dehumanization from government decision-making.

Among other things, the Supremes have helped Trump: eradicate 40 years of asylum protections without legislation; weaponize the public charge provisions without legislation to endanger the health an safety of immigrants and our nation; allowed invidious discrimination against Muslims and refugees; and forced individuals who have established reasonable fear of persecution to be sent to live in life-threatening squalor and danger in Mexico.

The Supremes’ majority has knowingly and intentionally furthered the “Dred-Scottification” of “the other” in society: African-Americans, Latinos, immigrants, asylum seekers, the poor, women, prisoners, workers, etc. Our nation is paying the price.

The solution eventually will require a re-examination of the type of individuals to whom we give the high privilege of serving on the Supremes: their humanity, courage, practical experience, empathy, moral leadership, problem-solving ability, expertise in furthering human rights, and commitment to equal justice for all, rather than narrow “out of the mainstream” political ideologies. The current outrage and unrest over the lack of social justice in the United States can be tied directly to the Supremes’ lack of leadership, courage, humanity, and an overriding commitment to equal justice under law. This version of the Supremes has failed America. Badly! We must do better in the future!

Due Process Forever!

PWS

06-01-20

WASHPOST EDITORIAL BOARD: TRUMP IS “EXACTLY THE WRONG LEADER FOR OUR TIMES” — “The right message would combine an insistence on keeping protest peaceful with assurances that justice will be done in Mr. Floyd’s death and a recognition that righting deeper wrongs is an urgent priority. That message will not come from a White House that has used racial hatred as a wedge and repeatedly made clear its contempt for urban America.”🤮

https://www.washingtonpost.com/opinions/as-cities-burn-trumps-bullhorn-drowns-out-the-voices-of-our-better-angels/2020/05/31/97a259e8-a367-11ea-bb20-ebf0921f3bbd_story.html

☠️☠️☠️☠️☠️

As cities burn, Trump’s bullhorn drowns out the voices of our better angels

AS BUILDINGS and businesses burn in many cities across America, state and local officials and community leaders are desperately and at times bravely saluting the justifiable moral outrage of peaceful protesters while seeking to ensure that looters and hooligans whose only agenda is mayhem do not irreparably sully the cause. Meanwhile, President Trump, whose words could matter most, plays his customary role as human flamethrower: exactly the wrong leader for the times.

No magic elixir could extinguish the rage overnight, nor ensure that the fury over George Floyd’s brutal killing in Minneapolis is channeled in a constructive direction. But this much is certain: Words matter, and a commitment to reform matters. Some leaders are trying to deliver both. They recognize the challenges of systemic injustice; the pattern of brutality suffered by African Americans at the hands of white officers; the racism manifested in so many ways, including unequal rates of imprisonment and, now, unequal suffering from the novel coronavirus, both medically and economically.

Meanwhile, Mr. Trump, the divider in chief, fulminates as the nation burns. He does not counsel restraint; nor issue appeals for unity, nor acknowledge the roots and reasons for the fury of black Americans who see white men in uniform as threats to their lives. To his administration, there is no systemic challenge, only “a few bad apples” among police, as Robert C. O’Brien, national security adviser, said Sunday. Even as police train their weapons on journalists doing their jobs by covering the unrest, Mr. Trump attacks the media. As the president vents — warning that “the most ominous weapons” and “the most vicious dogs” would be unleashed on protesters; threatening to deploy the active-duty military; attacking Democrats; relishing the Secret Service’s readiness for “action”; suggesting he may summon his MAGA supporters to the streets — the country’s more emollient voices are muffled.

Live updates on Minneapolis

Wanton destruction, looting and firebombing are unacceptable and unjustified no matter what the provocation, as Rep. John Lewis (D-Ga.) said on Saturday. Responsible leaders are trying to send that message. But against the president’s bullhorn, it becomes harder to hear leaders like Atlanta Mayor Keisha Lance Bottoms, whose anger at destructive rioters in her city was tempered by a heartfelt appeal. “We are better than this as a city, we are better than this as a country,” she said. “Go home. Go home!” It becomes more difficult to focus on the message of Minnesota Gov. Tim Walz (D), who tweeted, “Minnesota consistently ranks highly for our public schools, innovation and opportunity, and happiness – if you’re white. If you’re not, the opposite is true. Systemic racism must be addressed if we are to secure justice, peace, and order for all Minnesotans.”

So much depends right now on moral authority, yet so little of it can break through the chaos of events and the venomous soundtrack from Washington. The right message would combine an insistence on keeping protest peaceful with assurances that justice will be done in Mr. Floyd’s death and a recognition that righting deeper wrongs is an urgent priority. That message will not come from a White House that has used racial hatred as a wedge and repeatedly made clear its contempt for urban America. It is left to other leaders to try to break through the mayhem of the moment, and give voice to our better angels.

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

Trump, already the worst President in U.S. history, has been a clear and present danger to the welfare, security, and continued existence of our nation since he took office.

His malicious incompetence, corruption, ignorance, racism, meanness, and lack of humanity are now on full display. Trump and his band of grifters, White Nationalists, toadies, and incompetents are a big part of the problem, not the solution!

Indeed, we can’t even get a constructive start on solving the problems of institutional racism, inequality, and failure to take equal justice for all as a serious goal with Trump in office. For example, Trump and the GOP have it very clear that they have the intent and a variety of schemes to suppress African-American and Hispanic-American voting and voting power this November — so far, with no meaningful pushback from the Supremes.

Still, we “are where we are” today because those institutions with a responsibility and the authority to curb his abuses, hold him accountable for his racism and dishonesty, and enforce our Constitution, namely, the U.S. Senate, the Supreme Court, and the GOP have failed to do so. Beyond that, on many occasions they have actually encouraged and joined in his misdeeds.

This November, vote like your life depends on it. Because it does!

PWS

05-31-20

Due Process Forever! Complicit Courts Never!

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