EUGENE ROBINSON @ WASHPOST: ADMINISTRATION MOUNTS ATTACK ON HISPANIC CITIZENS: “This vile, unadulterated racism”

https://www.washingtonpost.com/opinions/the-trump-administration-doesnt-see-latinos-as-americans/2018/08/30/0ab8b7de-ac83-11e8-b1da-ff7faa680710_story.html?utm_term=.67faf4e3a5bd

Eugene Robinson writes in the Washington Post:

President Trump’s bigoted hatred of Latino immigrants has been clear from the beginning. Now his administration is aggressively persecuting Latino citizens as well.

It is hard to be shocked anymore, given the daily outrages committed by Trump and his minions, but a report Thursday by The Post was jaw-dropping: In the borderlands of southern Texas, the State Department is denying passports to hundreds and perhaps thousands of men and women who have official birth certificates demonstrating they were born in the United States.

In some cases, valid passports have been confiscated and revoked, their holders stranded in Mexico, unable to come home. In other cases, people have been arrested, sent to detention centers and slated for deportation. Imagine how they and their American families must feel — and how their distress must make Trump and his fellow xenophobes feel warm inside.

Denial of passports effectively renders the victims stateless — meaning they cannot travel outside the country, because they would not be readmitted — and potentially vulnerable to being deported. Again, these are people who have government-issued birth certificates, long accepted as gold-standard proof of citizenship. The Trump administration simply doesn’t see Latinos as full-fledged Americans.

The Post quoted a 40-year-old man named Juan — he didn’t want his last name used for fear of being targeted — who has a birth certificate stating he was born in the Texas border city of Brownsville. He served his country for three years in the U.S. Army, then was a cadet in the Border Patrol, and now works as a Texas state prison guard. But when he applied to renew his passport this year, the State Department responded with a letter saying it didn’t believe he was a citizen.

It is important to understand that for Americans who live along the border, a passport is a necessity. People flow back and forth across the Rio Grande all the time to work, make business deals, see family or perhaps just try out a trendy new restaurant. The border is not like the Berlin Wall, though evidently Trump would like it to be.

There is a backstory: In the 1990s, some Texas midwives admitted accepting bribes to falsely claim that some Mexican infants were born in the United States. These same midwives, however, also delivered many more Latino babies, at least thousands, who were legitimately born in the United States. From official records, it is impossible to tell the difference.

The Trump administration appears to be denying passports simply because the applicant is Latino, was born in southern Texas and was delivered by a midwife — something the federal government explicitly promised not to do in a 2009 court settlement with the American Civil Liberties Union.

The administration claims there has been no change in policy. But The Post quoted immigration lawyers who say there has been a dramatic surge in passport denials.

In Juan’s case, the State Department demanded he produce documents including proof of his mother’s prenatal care in the United States, his baptismal certificate and rental agreements from when he was an infant. He managed to find some of this obscure material — and yet his passport application was denied a second time.

A military veteran who served his country was told that it isn’t his country after all.

Think how you would feel if this nightmare were happening to you. Like everyone else, you have no memory of the details of your birth. You know only what your parents have told you and what the official records say, all of which is almost surely true. Suddenly, because of your Latino heritage, your core identity is challenged and your right to live in the United States is threatened.

If the government had specific evidence that an individual’s birth certificate was falsified, then we could have a debate about the right thing to do. But this administration is assuming that a person of a certain ethnicity, recorded as being born in a certain part of the country and meeting other unspecified criteria, is de facto not a citizen — and has the burden of proving otherwise.

At this point, the Trump administration has the burden of proving this is anything other than vile, unadulterated racism.

Trump launched his presidential campaign by calling Mexican immigrants rapists and drug dealers. His administration cruelly separated nearly 3,000 migrant children from their families and seeks to make their parents ineligible for asylum. His clear message to would-be Latino immigrants is: No admission.

And now, an equally blunt message for lifelong Latino citizens: Go away.

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We have a racist, White Nationalist regime. What does that say about those who continue to support its toxic policies and the Liar-in-Chief?

GET OUT THE VOTE IN NOVEMBER! TAKE OUR COUNTRY BACK FROM THE WHITE NATIONALISTS AND THEIR ENABLERS! START HOLDING TRUMP, SESSIONS, AND THE OTHER REGIME AUTOCRATS RESPONSIBLE FOR THEIR UNLAWFUL, IMMORAL, AND DIVISIVE POLICIES!

PWS

08-31-18

JEWISH DELEGATION SHOCKED BY US TREATMENT OF MIGRANTS AT BORDER: “It’s heartbreaking to see the way the United States is treating immigrants. It’s not treating them like human beings.”

https://www.jta.org/2018/08/22/top-headlines/jewish-delegation-witnesses-heartbreaking-situation-at-border-detention-centers-and-courthouse

Josefin Dolsten reports for the Jewish Telegraphic Agency:

(JTA) — A delegation of Jewish leaders from 17 organizations is visiting detention and migrant facilities on the U.S.-Mexico border.

The 27-person delegation visited detention centers in San Diego on Tuesday and is traveling to asylum-seeker shelters in Tijuana, Mexico, on Wednesday.

The trip, which is being organized by the Anti-Defamation League and the Jewish refugee aid group HIAS, includes meetings with American and Mexican government officials, immigration attorneys and humanitarian workers. Among the participants are representatives from three Jewish movements — Reform, Reconstructionist and Conservative — as well as groups such as the American Jewish World Service, the Jewish Council on Public Affairs and J Street. Mark Hetfield, CEO of HIAS, described the visits to detention centers and courthouses where migrants are being tried on charges that they entered the country illegally.

“It’s heartbreaking to see the way the United States is treating immigrants. It’s not treating them like human beings,” he told JTA in a phone interview from Tijuana.

Hetfield, a former immigration lawyer, said members of the delegation witnessed migrants being tried in a court as a group and that some who pleaded guilty to criminal charges lacked proper understanding of the consequences.

“It’s really troubling in terms of the lack of due process and the lack of understanding that people have as they’re going through and pleading guilty to these criminal proceedings,” he said.Nancy Kaufman, CEO of the National Council of Jewish Women, said visiting a detention center for unaccompanied minors, which held children as young as 6 years old, was “eye opening.”

Though she described the shelter as “clean and decent” and the staff as “very caring,” she had concerns about the conditions.

“I asked if they go to school. They have school there, but I don’t know how you have meaningful educational programs for that kind of range of kids,” she said.

Kaufman referenced the Holocaust in speaking about the importance of the trip.

“As Jewish leaders, we need to bear witness. We all committed after the Holocaust to ‘Never again’ — we meant it,” she said. “I think we all live our lives with the belief that every person is made in the image of God, ‘b’tzelem Elohim,’ and should be treated with dignity and respect.”

Jonathan Greenblatt, CEO of ADL, called the trip “a moral imperative” in a statement to JTA.

“In the face of continued harsh policies by the Administration targeting immigrants and asylum seekers, we’re here to learn more about the crisis at the border, listen to the experiences of migrants and asylum seekers escaping violent conditions, and recommit to our advocacy for humane and compassionate immigration policies,” he said.Many Jewish groups have joined progressives and some conservatives in criticizing President Donald Trump’s immigration policies, including his executive orders banning citizens from some Muslim-majority countries from entering the United States and the since-rescinded policy of separating migrant families at the border.

Last week, HIAS organized a letter to Trump urging him to raise the cap on refugees admitted into the country to at least 75,000. The letter was signed by leaders of 36 Jewish groups. Trump set the cap for 2018 at 45,000, a historic low, and is considering a further decrease, The New York Times reported earlier this month.

Many thanks to my good friend and long time colleague, retired Judge Joan Churchill for sending this item my way.

PWS

08-28-18

EXPOSING SESSIONS’S DEADLY DUE PROCESS SCAM: JUDGE SULLIVAN BLOCKS ANOTHER POTENTIAL DEPORTATION TO DEATH AS SESSIONS-LED DOJ ARGUES THAT THE KILLING LINE NOT SUBJECT TO REVIEW — Pro Bono Counsel Jones Day Saves The Day, At Least For Now — “To be blunt, if she’s killed, there’s no remedy, your honor.” She added: “No remedy at all.”

https://www.law.com/nationallawjournal/2018/08/23/judge-who-forced-feds-to-turn-that-plane-around-blocks-another-deportation/?kw=Judge%20Who%20Forced%20Feds%20to%20%27Turn%20That%20Plane%20Around%27%20Blocks%20Another%20Deportation&et=editorial&bu=NationalLawJournal&cn=20180823&src=EMC-Email&pt=NewsroomUpdates&utm_source=newsletter

C. Ryan Barber reports for the National Law Journal:

Judge Who Forced Feds to ‘Turn That Plane Around’ Blocks Another Deportation

U.S. District Judge Emmet Sullivan this month lambasted federal officials for the unauthorized removal of a woman and her daughter while their emergency court challenge was unfolding in Washington, D.C.

By C. Ryan Barber August 23, 2018 at 03:08 PM

Judge Emmet Sullivan of the U.S. District Court for D.C. May 27, 2009. Photo by Diego M. Radzinschi/NATIONAL LAW JOURNAL.

A federal judge on Thursday ordered the Trump administration not to depart a pregnant Honduran woman as she seeks asylum in the United States, two weeks after demanding that the government turn around a plane that had taken a mother and daughter to El Salvador amid their emergency court appeal challenging removal.

U.S. District Judge Emmet Sullivan, of the U.S. District Court for the District of Columbia, granted a temporary stay preventing the Honduran woman’s deportation following a hearing on her challenge to the administration’s decision to make it all but impossible for asylum seekers to gain entry into the United States by citing fears of domestic abuse or gang violence.

In court papers filed earlier this week, the Honduran woman’s lawyers—a team from Jones Day—said she fled her home country “after her partner beat her, raped her, and threatened to kill her and their unborn child.” The woman, suing under the pseudonym “Zelda,” is currently being held at a Texas detention center.

“Zelda is challenging a new policy that unlawfully deprives her of her right to seek humanitarian protection from this escalating pattern of persecution,” the woman’s lawyers wrote in a complaint filed Wednesday. The immigrant is represented pro bono by Jones Day partner Julie McEvoy, associate Courtney Burks and of counsel Erin McGinley.

At Thursday’s court hearing, McGinley said her client’s deportation was imminent absent an order from the judge blocking such a move. “Our concern today,” McGinley said, “is that our client may be deported in a matter of hours.”

U.S. Justice Department lawyers on Wednesday filed papers opposing any temporary stay from deportation. A Justice Department lawyer, Erez Reuveni, argued Thursday that the Honduran woman lacked standing to challenge the Justice Department’s new immigration policy, which makes it harder for immigrants seeking asylum to argue fears of domestic violence and gang violence.

After granting the stay preventing the Honduran woman’s deportation, Sullivan made clear he had not forgotten the events of two weeks ago, when he learned in court that the government had deported a mother and daughter while their emergency challenge to deportation was unfolding.

“Somebody … seeking justice in a United States court is spirited away while her attorneys are arguing for justice for her? It’s outrageous,” Sullivan said at the Aug. 9 hearing. “Turn that plane around and bring those people back to the United States.”

Sullivan on Thursday urged Reuveni to alert immigration authorities to his order. Reuveni said he would inform those authorities, adding that he hoped there would not be a recurrence of the issue that arose two weeks earlier.

“It’s got to be more than hopeful,” Sullivan told Reuveni in court Thursday. Reuveni said he could, in the moment, speak for himself and the Justice Department, but not the Department of Homeland Security, which oversees U.S. Immigration and Customs Enforcement.

“I cannot speak for ICE until I get on the phone with them and say this is what you need to do immediately,” Reuveni said.

Sullivan said he appreciated Reuveni’s “professionalism” and his efforts to “undo the wrong” that had been done to the Salvadoran mother and daughter earlier this month.

The government, after the fact, said it was reviewing removal proceduresin the San Antonio immigration office “to identify gaps in oversight.”

Stressing the need for a stay against Zelda’s deportation, McGinley said at Thursday’s hearing: “To be blunt, if she’s killed, there’s no remedy, your honor.” She added: “No remedy at all.”

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When individuals have access to high quality counsel like Jones Day, the courts pay more attention. That’s why Sessions & co. are working overtime to insure that individuals are hustled though the system without any meaningful access to counsel and, perhaps most outrageously, by excluding counsel from participation in the largely rigged “credible fear review process” before the Immigration Court. This isn’t justice; it isn’t even a parody of justice. It’s something out of a Kafka novel.

No wonder the Sessions-infused DOJ attorneys don’t want any real court to take a look at this abusive and indefensible removal of individuals with serious claims to relief without consideration by a fair and impartial adjudicator operating under the Constitution and our Refugee Act rather than “Sessions’s law.”

Judge Sullivan actually has an opportunity to put an end to this mockery of American justice by halting all removals of asylum seekers until at least a semblance of Due Process is restored to the system. The only question is whether he will do it! The odds are against it; but, with folks like Jones Day arguing in behalf of the unfairly condemned, the chances of halting the “Sessions Death Train” have never been better!

(Full Disclosure: I am a former partner at Jones Day. I’ve never been prouder of my former firm’s efforts to protect the American justice system and vindicate the rights of the most vulnerable among us. Congrats and appreciation to Jones Day Managing Partner Steve Brogan, Global Pro Bono Coordinator Laura Tuell, Partner Julie McEvoy, Of Counsel Erin McGinley, and everyone else involved in this amazing and much needed effort!)

PWS

08-24-18

INSIDE THE TRUMP-SESSIONS “NEW AMERICAN GULAG” — “It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’”

https://www.huffingtonpost.com/entry/family-detention-center-border_us_5b7c2673e4b0a5b1febf3abf

Catherine Powers writes in HuffPost:

In July, I left my wife and two little girls and traveled from Denver to Dilley, Texas, to join a group of volunteers helping migrant women in detention file claims for asylum. I am not a lawyer, but I speak Spanish and have a background in social work. Our task was to help the women prepare for interviews with asylum officers or to prepare requests for new interviews.

The women I worked with at the South Texas Family Residential Center in Dilley had been separated from their children for up to two and a half months because of a policy instituted by the Trump administration in April 2018, under which families were targeted for detention and separation in an attempt to dissuade others from embarking on similar journeys. Although the separations have stopped because of the resulting public outcry, hundreds of families have not been reunited (including more than 20 children under 5), families continue to be detained at higher rates than adults crossing the border alone, and the trauma inflicted on the women and children by our government will have lifelong consequences.

To be clear, this is a policy of deliberately tormenting women and children so that other women and children won’t try to escape life-threatening conditions by coming to the United States for asylum. I joined this effort because I felt compelled to do something to respond to the humanitarian crisis created by unjust policies that serve no purpose other than to punish people for being poor and female ― for having the audacity to be born in a “shithole country” and not stay there.

I traveled with a group of amazing women gathered by Carolina, a powerhouse immigration lawyer and artist from Brooklyn. My fellow volunteers were mostly Latinas or women whose histories connected them deeply to this work. Through this experience, we became a tight-knit community, gathering each night to process our experiences and try to steel ourselves for the next day. Working 12-hour shifts alongside us were two nuns in their late 70s, and it was one of them who best summed up the experience as we entered the facility one morning. “What is happening here,” she said, “makes me question the existence of God.”

It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’

I am still in awe of the resilience I witnessed. Many of the women I met had gone for more than two weeks without even knowing where their children were. Most had been raped, tormented, threatened or beaten (and in many cases, all of the above) in their countries (predominantly Honduras and Guatemala). They came here seeking refuge from unspeakable horrors, following the internationally recognized process for seeking asylum. For their “crime,” they were incarcerated with hundreds of other women and children in la hielera (“the freezer,” cold concrete cells with no privacy where families sleep on the floor with nothing more than sheets of Mylar to cover them) or la perrera (“the dog kennel,” where people live in chain link cages). Their children were ripped from their arms, they were taunted, kicked, sprayed with water, fed frozen food and denied medical care. Yet the women I encountered were the lucky ones, because they had survived their first test of will in this country.

Woman after woman described the same scene: During their separation from their children ― before they learned of their whereabouts or even whether they were safe ― the women were herded into a room where Immigration and Customs Enforcement officials handed them papers. “Sign this,” they were told, “and you can see your children again.” The papers were legal documents with which the women would be renouncing their claims to asylum and agreeing to self-deport. Those who signed were deported immediately, often without their children. Those who refused to sign were given sham credible-fear interviews (the first step in the asylum process), for which they were not prepared or even informed of asylum criteria.

The women were distraught, not knowing what ICE had done with their children or whether they would see them again. Their interviews were conducted over the phone, with an interpreter also on the line. The asylum officer would ask a series of canned questions, and often the women could reply only, “Where is my child? What have you done with my child?” or would begin to give an answer, only to be cut off midsentence. Not surprisingly, almost all of them got negative results — exactly the outcome this policy was designed to produce. Still, these women persisted.

After a court battle, my clients were reunited with their children and were fortunate enough to have access to free legal representation (many do not) through the CARA Pro Bono Project. The women arrived looking shell-shocked, tired, determined. Some of their children clung to them, afraid to be apart even for a few minutes, making it very hard for the women to recount their experiences, which often included sexual violence, death threats and domestic abuse. Other children stared into space or slept on plastic chairs, exhausted from sleepless nights and nightmares. Still others ran manically around the legal visitation trailer. But some of the children showed incredible resilience, smiling up at us, showing off the few English words they knew, drawing pictures of mountains, rivers, neat little houses. They requested stickers or coloring pages, made bracelets out of paper clips. We were not allowed to give them anything ― no treats or toys or books. We were not allowed to hug the children or their mothers ― not even when they sobbed uncontrollably after sharing the details of their ordeals.

In the midst of this sadness and chaos, the humanity of these women shined through. One of my clients and her son, who had traveled here from Guatemala, took great pleasure in teaching me words in their indigenous language, Mam. She taught me to say “courageous” ― hao-tuitz ― and whenever our work got difficult, we would return to this exhortation. These lessons were a welcome break from reviewing the outline of the experiences that drove them to leave, fleshing it out with details for their interview. They wearied of my pressing them to remember facts I knew the asylum officer would ask about. They wanted only to say that life is very hard for indigenous people, that their knowledge of basic Spanish was not enough to make them equal members of society. Mam is not taught in schools, and almost everyone in Guatemala looks down on those who speak it. They were so happy to have a licenciada (college graduate) interested in learning about their culture. We spent almost an hour finding their rural village on Google Earth, zooming in until we could see pictures of the landscape and the people. As we scrolled through the pictures on the screen, they called out the people by name. “That’s my aunt!” and “There’s my cousin!” There were tears of loss but mostly joy at recognizing and feeling recognized ― seen by the world and not just dismissed as faceless criminals.

A diabetic woman who had not had insulin in over a week dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement.

There were stories of the astonishing generosity of people who have so little themselves. One colleague had a client who had been kidnapped with her daughter and another man by a gang while traveling north from Guatemala. The kidnappers told the three to call their families, demanding $2,000 per person to secure their release. The woman was certain she and her daughter were going to die. Her family had sold, mortgaged and borrowed everything they could to pay for their trip. They had never met the man who was kidnapped with them. She watched as he called his family. “They’re asking for $6,000 for my release,” she said he told them. He saved three lives with that phone call. When they got to the U.S.-Mexico border, they went separate ways, and she never saw him again, never knew his last name.

Another client I worked with was a different kind of hero. After confronting gangs trying to extort her in her country, she fled north with her son and was caught at the U.S.-Mexico border. She and her son were forcibly separated, and she was pressured to sign papers waiving her legal rights. Not only did she resist doing so, but she also took great personal risks to confront the ICE officials. “You didn’t need my signature to take my son away from me. Why do you need my signature to bring him back?” Then she loudly urged all the women in the room not to sign. “It’s a trick!” she told them. She made sure to write down the names and contact numbers of the women she was detained with. When I worked with her, she would often ask if she could call the relatives of one of the women to notify the family or see if she had made it safely to her destination. Every day I was at Dilley, this client took other women with her to the legal visitation trailer, trying to ensure that everyone had access to representation. She is a budding community organizer, a true example of the kind of concern, compassion and courage that our country needs.

Not everything I heard was so positive. Without exception, the women described cruel and degrading treatment at the hands of ICE officials at the Port Isabel immigrant processing center, near Brownsville, Texas. There was the diabetic woman who had not had insulin in over a week and dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement. Women reported being kicked, screamed at, shackled at wrists and ankles and told to run. They described the cold and the humiliation of not having any privacy to use the bathroom for the weeks that they were confined. The children were also kicked, yelled at and sprayed with water by guards, then awoken several times a night, ostensibly so they could be counted.

Worse than the physical conditions were the emotional cruelties inflicted on the families. The separation of women from small children was accomplished by force (pulling the children out of their mothers’ arms) or by deceit (telling the women that their children were being taken to bathe or get medical care). Women were told repeatedly that they would never see their children again, and children were told to stop crying because they would never see their mothers again. After the children were flown secretively across the country, many faced more cruelty. “You’re going to be adopted by an American family,” one girl was told. Some were forced to clean the shelters they were staying in and faced solitary confinement (el poso) if they did not comply. Children were given psychotropic drugs to ameliorate the anxiety and depression they exhibited, without parental permission. One child underwent surgery for appendicitis; he was alone, his cries for his mother were disregarded, and she was not notified until afterward.

The months of limbo in which these women wait to learn their fate borders on psychological torture. Decisions seem arbitrary, and great pains are taken to keep the women, their lawyers and especially the press in the dark about the government’s actions and rationales for decisions. One woman I worked with had been given an ankle bracelet after receiving a positive finding at her credible fear interview. Her asylum officer had determined that she had reason to fear returning to her country and granted her freedom while she pursues legal asylum status. Having cleared this hurdle, she boarded a bus with others to be released, but at the last moment, she was told her ankle bracelet needed a new battery. It was removed, and she was sent instead to a new detention center without explanation. A reporter trying to cover the stories of separated families told me about her attempt to follow a van full of prisoners on their way to be reunited with their children so that she could interview them. First ICE sent two empty decoy vans in different directions, and then it sent a van with the detainees speeding down a highway, running red lights to try to outrun her. Every effort is being made to ensure that the public does not know what is happening.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped. The sexual assaults the women described often involved multiple perpetrators, the use of objects for penetration and repeated threats, taunting and harassment after the rape. A Mormon woman I worked with could barely choke out the word “rape,” much less tell anyone in her family or community what had happened. Her sweet, quiet daughter knew nothing of the attack or the men who stalked the woman on her way to the store, promising to return. None of the women I spoke with had any faith that the gang-ridden police would or could provide protection, and police reports were met with shaming and threats. Overwhelmingly, the women traveled with their daughters, despite the increased danger for girls on the trip, because the women know what awaits their little girls if they stay behind. Sometimes the rapes and abuse were at the hands of their husbands or partners and to return home would mean certain death. But under the new directives issued by Attorney General Jeff Sessions, domestic violence is no longer a qualifying criterion for asylum.

Two things I experienced during my time in Dilley made the purpose of the detention center crystal clear. The first was an interaction with an employee waiting in line with me Monday morning to pass through the metal detector. I asked if his job was stressful, and he assured me it was not. He traveled 80 minutes each day because this was the best-paid job he could get, and he felt good about what he was doing. “These people are lucky,” he told me, “They get free clothes, free food, free cable TV. I can’t even afford cable TV.” I did not have the presence of mind to ask him if he would give up his freedom for cable. But his answers made clear to me how the economy of this rural part of Texas depends on prisons. The second thing that clarified the role of the detention center was a sign in the legal visitation trailer, next to the desk where a guard sat monitoring the door. The sign read, “Our stock price today,” with a space for someone to post the number each day. The prison is run by a for-profit corporation, earning money for its stockholders from the incarceration of women and children. It is important to note the exorbitant cost of this cruel internment project. ICE puts incarceration costs at $133 per person per night, while the government could monitor them with an ankle bracelet for $10 to $15 a day. We have essentially made a massive transfer of money from taxpayers to holders of stock in private prisons, and the women and children I met are merely collateral damage.

I have been back home for almost a month now. I am finally able to sleep without seeing the faces of my clients in my dreams, reliving their stories in my nightmares. I have never held my family so tight as I did the afternoon I arrived home, standing on the sidewalk in tears with my 7-year-old in my arms. I am in constant contact with the women I volunteered with, sharing news stories about family detention along with highlights of our personal lives. But I am still waiting for the first phone call from a client. I gave each of the women I worked with my number and made them promise to call when they get released. I even told the Mormon woman that I would pray with her. No one has called.

I comb the details of the Dilley Dispatch email, which updates the community of lawyers and volunteers about the tireless work of the on-the-ground team at Dilley. This week the team did 379 intakes with new clients and six with reunified families. There were three deportations ― two that were illegal and one that was reversed by an ACLU lawsuit. Were the deported families ones I worked with? What has become of the Mam-speaking woman and her spunky son, the Mormon woman and her soft-spoken daughter, the budding community organizer who joked about visiting me? Are they safely with relatives in California, North Carolina and Ohio? In each case, I cannot bear to imagine the alternative, the violence and poverty that await them. I have to continue to hope that with the right advocates, some people can still find refuge here, can make a new life ― that our country might live up to its promises.

Catherine Powers is a middle school social studies teacher. She lives in Colorado with her wife and two daughters.

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Yes, every Administration has used and misused immigration detention to some extent. I’ll have to admit to spending some of my past career defending the Government’s right to detain migrants.

But, no past Administration has used civil immigration detention with such evil, racist intent to penalize brown-skinned refugees, primarily abused women and children from the Northern Triangle, so that that will not be able to assert their legal and Constitutional rights in America and will never darken our doors again with their pleas for life-saving refuge. And, as Catherine Powers points out, under Trump and Sessions the “credible fear” process has become a total sham.

Let’s face it! Under the current White Nationalist Administration we indeed are in the process of “re-creating 1939” right here in the USA. If you haven’t already done so, you should check out my recent speech to the International Association of Refugee and Migration Judges entitled “JUST SAY NO TO 1939: HOW JUDGES CAN SAVE LIVES, UPHOLD THE CONVENTION, AND MAINTAIN INTEGRITY IN THE AGE OF OVERT GOVERNMENTAL BIAS TOWARD REFUGEES AND ASYLUM SEEKERS” http://immigrationcourtside.com/just-say-no-to-1939-how-judges-can-save-lives-uphold-the-convention-and-maintain-integrity-in-the-age-of-overt-governmental-bias-toward-refugees-and-asylum-seekers/

Even in the “Age of Trump & Sessions,’ we still have (at least for now) a Constitution and a democratic process for removing these grotesquely unqualified shams of public officials from office. It starts with removing their GOP enablers in the House and Senate.

Get out the vote in November to oust the GOP and restore humane, Constitutional Government that respects individuals of all races and genders and honors our legal human rights obligations. If decent Americans don’t act now, 1939 might be here before we know it!

Due Process Forever!

PWS

08-24-18

TRUMP ADMINISTRATION PLANS TO KILL 1,400 AMERICANS! — Is Anyone Paying Attention?

https://www.vanityfair.com/news/2018/08/trump-coal-plan-will-kill-1400-americans-a-year

Bess Levin writes for Vanity Fair:

Last week, we learned that Donald Trump’scoal-loving administration was set to release a proposal that would allow coal-burning plants to flood the planet with greenhouse gas emissions, raising a giant middle finger to the killjoy tree-huggers who insist on protecting the environment and human health through silly little things like government regulations. Whereas Barack Obama’s 2015 Clean Power Plan would have caused a shift toward less-dirty energy sources like wind, natural gas, and solar, the White House’s plan would prop up coal plants by giving states free rein to come up with their own rules, or letting them petition to opt out of regulations altogether. On Tuesday, the administration officially unveiled the proposal, and as it turns out, it’s not as bad as everyone feared—it’s much, much worse, if one considers the deaths of 1,400 Americans and the hastened demise of the planet to be “worse.”

The New York Times [reports] that, buried within 289 pages of technical analysis, the Environmental Protection Agency casually notes that under the scenario individual states are most likely to follow in order to comply with Trump’s hilariously titled “Affordable Clean Energy rule,” between 470 and 1,400 premature deaths will occur each year by 2030 due to “increased rates of microscopic airborne particulates known as PM 2.5.” On the flip side, Obama’s Clean Power Plan was expected to prevent between 1,500 and 3,600 premature deaths annually by 2030, but that guy’s a law-flouting Commie, so screw him. In addition, the Trump administration’s own analysis concludes that its plan would cause 48,000 new cases of “exacerbated asthma” and a minimum of 21,000 missed school days a year by 2030 due to ozone-related illnesses. By contrast, the plan it is replacing would have resulted in a significant drop in new instances of asthma and 180,000 fewer missed school days annually.

But breathing, going to school, and a normal life-expectancy are obviously for losers, which is presumably why William Wehrum, the acting administrator of the E.P.A.’s Office of Air and Radiation, simply referred to the plan’s downsides as “collateral effects” in a comment to the Times; he also said that the administration has “aggressive programs in place that directly target emissions of those pollutants.” (Incidentally, Wehrum spent much of the past 10 years working to destroy air-pollution rules as a lawyer representing—wait for it—coal-burning power plants, chemical manufacturers, oil drillers, and refineries. He was able to so seamlessly transition to weakening air-pollutant rules from within the E.P.A. thanks to “a quirk in federal ethics rules [that] limit the activities of officials who join the government from industry [but are] less restrictive for lawyers than for officials who had worked as registered lobbyists.”)

Speaking of premature deaths, Trump is apparently super concerned about them—not when they happen to humans, of course, but to birds, whose early demise he vastly overestimated last night in a characteristically crazy, off-the-rails speech decrying wind turbines and other forms of energy that both cost and pollute less than coal. Quoth the man who is somehow the president of the United States:

You can blow up a pipeline, you can blow up the windmills. You know, the wind wheels [mimics windmill noise, mimes shooting gun], “Bing!” That’s the end of that one. If the birds don’t kill it first. The birds could kill it first. They kill so many birds. You look underneath some of those windmills, it’s like a killing field, the birds. But uh, you know, that’s what they were going to, they were going to windmills. And you know, don’t worry about wind, when the wind doesn’t blow, I said, “What happens when the wind doesn’t blow?” Well, then we have a problem. O.K. good. They were putting him in areas where they didn’t have much wind, too. And it’s a subsidary [sic]—you need subsidy for windmills. You need subsidy. Who wants to have energy where you need subsidy? So, uh, the coal is doing great.

Really, what else is there to add?

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Read the rest of the Levin Report at the link.

I suppose with a President who favors KGB vet Putin over our intelligence officers, is dodging criminal charges for payoffs to an adult entertainment star and a Playboy model, and surrounds himself with family members, criminals, grifters, and wingnut ideologues, deciding to sacrifice 1,400 Americans to promote a dying industry that damages the health and welfare of its employees is sort of “below the radar screen.”

But, it’s on the screen over here at “courtside.”

PWS

08-23-18

R.I.P. ARETHA: THE QUEEN OF SOUL DEMANDED R.E.S.P.E.C.T. & FOUGHT FOR SOCIAL JUSTICE FOR EVERYONE IN AMERICA – The Polar Opposite of The Trump Administration!

https://www.globalcitizen.org/en/content/aretha-franklin-activism-helped-the-world/?utm_source=Iterable&utm_medium=email&utm_campaign=US_August_17_2018_content_digest

4 Ways Aretha Franklin Fought for a Better World

“American history wells up when Aretha sings.”

Why Global Citizens Should Care

Aretha Franklin was an ardent supporter of civil and women’s rights throughout her life. She influenced countless other artists who carry her soulful passion into their music, inspiring millions of people worldwide. Franklin also championed causes like health care access, environmental protection, and disability rights. You can join us in taking action on these issues here.

Aretha Franklin, “The Queen of Soul,” died from advanced pancreatic cancer on Thursday at the age of 76, according to the New York Times.

Acclaimed as the greatest American “singer of postwar popular music,” Franklin influenced countless soul, R&B, and pop artists over the past several decades. Her influence is still clearly felt in contemporary artists like Beyoncé, Jennifer Hudson, and Adele.

Aretha Franklin performs at New York’s Radio City Music Hall, July 6, 1989.
Image: Mario Suriani/AP

With her soaring range and empowering messages, Franklin also inspired a generation of activists.

Franklin was a dedicated philanthropist throughout her life and was never far from the pulse of social justice, appearing on stages with both Martin Luther King Jr. and former President Barack Obama.

Here are four ways the Queen of Soul fought for a better world.

1. Women’s Rights

In an era when respect was not universally received in the US, Franklin’s rousing version of “Respect,” first recorded by Otis Redding, was an electrifying call to action. The unflinching demand for respect became a mantra for both the women’s rights and civil rights movements.

Released in the 1970s, the song radically overturned gender conventions by situating a woman as the primary breadwinner in a family and fiercely challenged sexist assumptions.

Read More: 12 Badass Women Who Changed the Course of Human History

Franklin’s song “Sisters Are Doin’ It For Themselves” was another feminist anthem, envisioning a world where women everywhere can break free from the constraints of a sexist society.

“Now this is a song to celebrate,” the lyrics read. “The conscious liberation of the female state! / Mothers, daughters, and their daughters, too. / Woman to woman / We’re singin’ with you. / The inferior sex got a new exterior / We got doctors, lawyers, politicians, too.”

“American history wells up when Aretha sings,” Obama said in 2015. “Nobody embodies more fully the connection between the African-American spiritual, the blues, R&B, rock and roll – the way that hardship and sorrow were transformed into something full of beauty and vitality and hope.”

2. Civil Rights

Franklin’s father was a committed civil rights activist, and she frequently lent her growing fame and stature to the movement.

The soul singer regularly performed at civil rights events and was there to support Martin Luther King Jr. during his rallies. She was eventually awarded the Southern Christian Leadership Award for her dedicated work by King. When King was assassinated in 1968, Franklin performed at his funeral.

Read More: 10 Celebrities Who Carry on MLK’s Legacy by Fighting Racism

When the civil rights leader Angela Davis was arrested in 1970 and falsely branded a “terrorist” by President Richard Nixon, Franklin announced her intention to post the $250,000 bail, one of many times where she financially supported black activists.

In 2008, the NAACP honored Franklin for both her advocacy and her music with their annual Vanguard Award.

3. Supporting Access to Nutritional Food

The Queen of Soul has also supported charities such as Feeding America, which funds more than 200 foodbanks nationwide, and the Barbara Davis Center for Childhood Diabetes, which specializes in diabetes research.

Franklin lived with diabetes throughout her life and wanted to make sure other people would have the health care access that they needed.

“I feel wonderful, I’ve got more energy, I’ve changed my diet, going to Whole Foods now, getting the best stuff,” she said after recovering from a hospital stay in 2012 on The View. “Dropped the chitlins, drop the ham hocks, getting some — I won’t say better food, I’ll say other food.”

4. Boosting Charity Events

Throughout her career, Franklin regularly helped causes she cared about to raise more money through fundraising events.

Read More: Tributes That Prove David Bowie Ch-ch-changed the World

In 2012, she attended a gala for the Rainforest Fund, which seeks to protect human rights in the Amazon Rainforest. The next year she lent her voice to a Christmas album whose proceeds went to the Special Olympics. In 2017, Franklin was a headlining act for The Elton John AIDS Foundation New York Gala, which went on to raise $4.4 million.

“Being the Queen is not all about singing, and being a diva is not all about singing,” she said of her fame. “It has much to do with your service to people. And your social contributions to your community and your civic contributions as well.”

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The best way to provide “service to people” and to honor Aretha’s memory is to aggressively stand up for the rights of women and minorities and oppose the White Nationalist, racist, misogynist policies of the Trump Administration.

Actually saw Aretha perform in person once at the “old Cleveland Stadium” (a/k/a “The Mistake on The Lake”) following an Indians game during the “Jones Day Phase” of my career!

PWS

08-20-20

WASHPOST: RACISTS FIND HOME IN TODAY’S GOP —From Dissing Mexican Americans, To Barring Muslims, Abandoning Refugees, Restricting Legal Immigration, Slamming Families, & Encouraging Voter Suppression, GOP Appears To Be “All In” On “Built To Fail” Strategy Of Making America White Again: “the larger moral cowardice that has overtaken the party.”

https://www.washingtonpost.com/politics/im-not-going-there-as-trump-hurls-racial-invective-most-republicans-stay-silent/2018/08/18/aab7fd8a-a189-11e8-83d2-70203b8d7b44_story.html

By Ashley Parker

, Reporter

Seung Min Kim

, Reporter

Robert Costa

, Reporter

August 18 at 6:14 PM

The president of the United States had just lobbed another racially charged insult — this time calling his former top African American adviser a “dog” — but Sen. John Cornyn (R-Tex.) had no interest in talking about it.

“I’ve got more important things on my mind, so I really don’t have a comment on that,” said the Senate’s No. 2 Republican, chuckling at the question.

Has President Trump ever said anything on race that made Cornyn uncomfortable? “I think the most important thing is to pay attention to what the president does, which I think has been good for the country,” the senator demurred.

What about his constituents back home — are they concerned? “I know you have to ask these questions but I’m not going to talk about that,” Cornyn said, politely ending the brief interview in the basement of the U.S. Capitol. “I just think that’s an endless little wild goose chase and I’m not going there.”

And so it went last week among Republicans: As Trump immersed the nation in a new wave of fraught battles over race, most GOP lawmakers tried to ignore the topic altogether. The studied avoidance is a reflection of the enduring reluctance of Republicans to confront Trump’s often divisive and inflammatory rhetoric, in part because the president remains deeply popular within a party dominated by older white voters.

The Washington Post reached out to all 51 Republican senators and six House Republican leaders asking them to participate in a brief interview about Trump and race. Only three senators agreed to participate: Jeff Flake of Arizona, David Perdue of Georgia and Tim Scott of South Carolina, the only black Republican in the Senate.

Trump has a history of mocking his black critics’ intelligence

President Trump insulted NBA player LeBron James’s intelligence in a tweet Aug. 3. It’s not the first time Trump has taken this approach. (Elyse Samuels /The Washington Post)

Flake, a frequent Trump critic who is retiring, rattled off examples when asked if there were times he felt Trump had been racially insensitive.

“It started long before his campaign, the whole Barack Obama, the birtherism . . . that was abhorrent, I thought,” Flake said in a phone interview. “And then you know, the Mexican rapists . . . on his first official day as a campaign. And then you know, Judge Curiel, the statement that he couldn’t judge because of his heritage. Failure to, you know, condemn in Charlottesville. Just the willingness to go there, all the time. Muslim ban. This kind of divide-and-conquer strategy. It’s just — it’s been one thing after another.”

Six other lawmakers granted impromptu interviews when approached in the Capitol, although most declined to be specific about whether they were uncomfortable with any of Trump’s statements on race. One exception was Sen. Bob Corker of Tennessee, another Trump critic who is leaving Congress in January.

“It’s a formula that I think they think works for them, as it relates to winning,” Corker said, referring to the use of divisive racial issues by Trump and his advisers. “I think that’s their kind of governing. I think that’s how they think they stay in power, is to divide.”

Several other lawmakers said they did not like some of Trump’s language, especially on race, but did not consider Trump to be racist.

Sen. John Thune (R-S.D.), the No. 3 Republican in the Senate, said Trump’s description of former black adviser Omarosa Manigault Newman as a “dog” was “not appropriate, ever.” But he stopped short of pointing to a time when he felt the president had crossed a racial boundary.

“I just think that’s the way he reacts and the way he interacts with people who attack him,” Thune said. “I don’t condone it. But I think it’s probably part built into his — it’s just going to be in his DNA.”

The month of August — which included the first anniversary of the deadly white supremacist rally in Charlottesville — has seen Trump unleash a steady tide of racially charged invective, including questioning the intelligence of basketball star LeBron James, attacking Chinese college students and reviving his attacks on anthem protests by black NFL players. At one point last week, White House press secretary Sarah Huckabee Sanders said she could not guarantee that no audio recording exists of Trump using the n-word, as Manigault Newman alleges in her book.

Republicans have struggled over issues of race since the Civil Rights era, with periodic efforts to appeal to blacks, Latinos and other minorities. Trump’s critics within the party fear that, in an increasingly diverse nation, the president is reopening wounds many Republicans had sought to heal.

Trump and his allies frequently counter by offering economic data that they say is favorable to minorities, seeking to separate Trump’s harsh rhetoric from his policy agenda.

But some longtime party stalwarts worry about the long-term consequences of the party’s near-silence on race.

Mike Murphy, a veteran Republican consultant and vocal Trump critic, bemoaned “the larger moral cowardice that has overtaken the party.”

“Trump’s shtick is that he’s the grievance candidate,” Murphy said. “He’s focused on the economically squeezed Caucasian voter. . . . He is speaking to that rage. Mexican rapists, clever Chinese traders, African American people as dogs. That’s Trump’s DNA.”

. . . .

Perdue said in an interview that he believes Trump is results-focused and “trying to be all-inclusive,” and that Democrats are the ones using race as a political issue.

“Well, I hope they will,” Perdue said. “I have many friends in the African American community and they’re tired of being treated as pawns.”

But Republicans who believe that Trump has galloped past norms of civil society on race and other issues worry about the costs the party may ultimately pay, both politically and morally.

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

Read the rest of the article at the link.

Not surprising to see modern-day Jim Crows like Sen. David Perdue (R-GA) out there carrying water for the Trump/Sessions brand of 21st Century racism. After all, in the face of the overwhelming evidence that America needs more legal immigration and that family-based immigration is good for America, Perdue is one of the chief sponsors of the CIS-inspired bogus merit-based immigration bill that actually reduces legal immigration in a losing attempt to bar immigrants of color and “Keep America White As Long As Possible.” Donald Trump trying to be “all-inclusive?” How’s that David, by dissing African-Americans, calling them “dogs,” dehumanizing immigrants, slurring Hispanics, taking protections away from transgender kids, taking away security clearances of critics, attacking the free press, attacking the Justice Department, the FBI and the intelligence community, promoting a false narrative about voter fraud, or telling thousands of lies since assuming office? Which one of these is “all inclusive?” The only “inclusive” thing about Donald Trump is that the majority of Americans who aren’t in his overwhelmingly White Guy “core.” are all included in his insults, lies, and disrespect!

I also thought that the final comment about the late George Wallace was telling. Yup, Wallace accomplished some things in Alabama including getting more textbooks. (Remember that Adolf Hitler built great Autobahns too!) But, the screaming crowds of White Folks who supported Wallace on the national stage weren’t excited about textbooks or better roads — they loved the message of racism and White Supremacy. And, that’s exactly how history will remember Wallace and his supporters — not for the textbooks, but for the public defense and advocacy of racism (just like Hitler isn’t remembered for his Autobahns). Which is how Trump, his “base,” and his many enablers (whether enthusiastic, merely willing, or downright cowardly) will also be remembered!

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

Still doubt the racism of Trump and his agenda. check out this article by Ta-Nehisi Coates in The Atlantic entitled “The First White President:” https://www.theatlantic.com/magazine/archive/2017/10/the-first-white-president-ta-nehisi-coates/537909/

It is often said that Trump has no real ideology, which is not true—his ideology is white supremacy, in all its truculent and sanctimonious power. Trump inaugurated his campaign by casting himself as the defender of white maidenhood against Mexican “rapists,” only to be later alleged by multiple accusers, and by his own proud words, to be a sexual violator himself. White supremacy has always had a perverse sexual tint. Trump’s rise was shepherded by Steve Bannon, a man who mocks his white male critics as “cucks.” The word, derived from cuckold, is specifically meant to debase by fear and fantasy—the target is so weak that he would submit to the humiliation of having his white wife lie with black men. That the slur cuck casts white men as victims aligns with the dicta of whiteness, which seek to alchemize one’s profligate sins into virtue. So it was with Virginia slaveholders claiming that Britain sought to make slaves of them. So it was with marauding Klansmen organized against alleged rapes and other outrages. So it was with a candidate who called for a foreign power to hack his opponent’s email and who now, as president, is claiming to be the victim of “the single greatest witch hunt of a politician in American history.”

In Trump, white supremacists see one of their own. Only grudgingly did Trump denounce the Ku Klux Klan and David Duke, one of its former grand wizards—and after the clashes between white supremacists and counterprotesters in Charlottesville, Virginia, in August, Duke in turn praised Trump’s contentious claim that “both sides” were responsible for the violence.

Trump’s political career began in advocacy of birtherism. But long before that, he had made his worldview clear.

To Trump, whiteness is neither notional nor symbolic but is the very core of his power. In this, Trump is not singular. But whereas his forebears carried whiteness like an ancestral talisman, Trump cracked the glowing amulet open, releasing its eldritch energies. The repercussions are striking: Trump is the first president to have served in no public capacity before ascending to his perch. But more telling, Trump is also the first president to have publicly affirmed that his daughter is a “piece of ass.” The mind seizes trying to imagine a black man extolling the virtues of sexual assault on tape (“When you’re a star, they let you do it”), fending off multiple accusations of such assaults, immersed in multiple lawsuits for allegedly fraudulent business dealings, exhorting his followers to violence, and then strolling into the White House. But that is the point of white supremacy—to ensure that that which all others achieve with maximal effort, white people (particularly white men) achieve with minimal qualification. Barack Obama delivered to black people the hoary message that if they work twice as hard as white people, anything is possible. But Trump’s counter is persuasive: Work half as hard as black people, and even more is possible.

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

I encourage you to read Coates’s entire totally cogent expose of the Supreme ugliness of Trump, his “team,” and his core supporters. No, you can’t really separate Donald Trump’s policies from his racism.

That’s why America needs regime change at the ballot box. NOW!

PWS

08-18-18

JASON JOHNSON @ WASHPOST: YES, TRUMP IS A RACIST, AS ARE MILLER, SESSIONS, BANNON & THE REST OF THE WHITE NATIONALIST CREW — “If you think a racial slur is the only way to determine if the president is racist, you haven’t been paying attention, and you don’t understand what racism is.”

https://www.washingtonpost.com/news/posteverything/wp/2018/08/15/is-trump-a-racist-you-dont-need-an-n-word-tape-to-know/?utm_term=.427cd1460cea

Jason Johnson writes in the Washington Post:

By Jason Johnson

Associate professor at Morgan State University and politics editor for the Root

August 15

Omarosa Manigault Newman — who once declared that “every critic, every detractor will have to bow down to President Trump” — evolved from mentee to frenemy to antagonist before her nonstop media blitz promoting her new post-White House tell-all, during which she’s touted the existence of a recording of Trump using the n-word. It’s all sent the White House scrambling, with the president tweetingMonday that “I don’t have that word in my vocabulary, and never have.” Press secretary Sarah Huckabee Sanders told reporters Tuesday she “can’t guarantee” Americans will never hear audio of Trump using the slur.

It doesn’t matter.

Trump is a racist. That doesn’t hinge on whether he uttered one particular epithet, no matter how ugly it is. It’s about the totality of his presidency, and after 18 months you can see his racial animus throughout his policy initiatives whether you hear it on tape or not.

ADVERTISING

Over the course of his career, well before he took office, Trump’s antipathy toward people of color has been plainly evident. In the ’70s, his real estate company was the subject of a federal investigation that found his employees had secretly marked the paperwork of minority apartment rental applicants with codes such as “C” for “colored.” After black and Latino teenagers were charged with sexually assaulting a white woman in Central Park, he took out full-page ads in New York City newspapers calling for the return of the death penalty. He never backtracked or apologized when the teenagers’ convictions were overturned. He championed birtherism, and wouldn’t disavow the conspiracy theory that President Barack Obama was born in Kenya until the end of his 2016 presidential campaign. As president, he’s targeted African American athletes for criticism, whether it’s ranting, “Get that son of a bitch off the field,” in reference to professional football players silently protesting police brutality or tweeting that:

Calling African American Rep. Maxine Waters (D-Calif.) a “low IQ person” is now a routine bit at his political rallies. He was quoted referring to Haiti, El Salvador and various African nations as “shithole” countries. He announced his campaign in 2015 by referring to Mexican immigrants as “rapists.” Later that year, he called for the United States to implement a “total and complete” Muslim ban.

After taking office, he hired xenophobes such as Stephen Miller — an architect of the ban, whose hostility toward immigrants is so stark, and hypocritical, that his uncle excoriated him this week in an essay for Politico Magazine, writing of Miller and Trump that “they repeat the insults and false accusations of earlier generations against these refugees to make them seem less than human.”

[Trump wanted ‘facts’ before calling out racists. When I was on trial, he didn’t care.]

I could go on. The point is that Trump’s view of nonwhites is out in the open. As Slate’s Christina Cauterucci notes, there’s every reason “to believe that an n-word tape wouldn’t torpedo Trump’s presidency”; there’s no indication his supporters “will turn against him because he used a racial slur.” Trump’s words and deeds over time have demonstrated his racism — it doesn’t hinge on being outed, Paula Deen-style, by a tape of him using the word. Racism hardly ever does.

I’m not saying it would be okay for Trump to use any variation of the n-word — in jest, in anger, singing along to the lyrics of a song, with or without the hard “R.” But the feverish speculation about whether he ever deployed the term wrongly implies that a verdict on his racist character turns on its use. What matters more about Trump are the positions he’s taken and the policy choices he’s made that harm communities of color. In his first year as president, Trump evolved from mere interpersonal racist to racist enabler when he proclaimed there were “very fine people, on both sides” when white supremacists and anti-racist protesters converged in Charlottesville last year. Jeff Sessions, a senator from Alabama who, three decades ago, was denieda federal judgeship by the Republican-controlled Senate Judiciary Committee over concerns that he was a racist, was installed by Trump as attorney general.

Since assuming that role, Sessions has worked to undermine consent decrees meant to restrain racially abusive police departments and explicitly articulated the administration’s intent to use family separation to deter immigration. The Department of Education, under Secretary Betsy DeVos, is dismissing hundreds of civil rights complaints, supposedly in the name of efficiency. Trump hired Manigault Newman as a liaison to black constituent groups based on their reality TV relationship and, according to him, her willingness to say “GREAT things” about him, despite almost universal criticism of her appointment and subsequent work by African American Republicans and Democrats.

Being a racist — which entails belief in a fixed racial hierarchy and the power to act upon that belief in commerce, government or social spaces — is not now, and never has been, about one word or one slip of the tongue. It is about the ability of those in power to use public and private resources to enforce a racial hierarchy, whether that means having black people arrested for sitting in Starbucks, refusing to hire or promote qualified black job applicants or staffing a presidential administration with people who tolerate or encourage white nationalists. Trump’s statements and his approach to governance suggest he believes in a set racial hierarchy, and the possible existence of a hyped tape doesn’t change that. So far, and as far as I know, no one’s produced audio of white nationalist participants in last Sunday’s Unite the Right 2 rally in Washington using the n-word. Presumably, by the logic of some Trump defenders, that would mean there’s no proof they’re racist, either.

If American public discourse on race continues to revolve around a game of “gotcha,” with sentiments and smoking guns, divorced from an acknowledgment of how racists use their power, we won’t make any progress, during this administration or any other.

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

Johnson states a simple truth that some don’t want to acknowledge. But, racist anti-immigrant, anti-Muslim, anti-refugee, anti-Mexican American, xenophobic “dog whistles” were at the heart of Trump’s campaign and remain at the heart of his policies, particularly on immigration, refugees, and law enforcement.

Does that mean that the majority of Americans who don’t endorse racism don’t need to deal with the fact that Trump is President and that Sessions and Miller are exercising outsized control over our justice system? Or that today’s Trumpist GOP isn’t your grandparents’ GOP (in my case, my parents’ GOP) and, although they might occasionally mutter a few insincere “tisk, tisk’s,” are firmly committed to enabling Trump and his racist policies including, of course, voter disenfranchisement. Of course not. Just think of how African-Americans, Hispanics, and liberals had to deal in practical terms with Southern political power in the age of Jim Crow (which is basically the “Age of Jeff Sessions”).

But, it is essential for us to know and acknowledge who and what we are dealing with and not to let political expediency totally obscure the harsh truth. Trump is a racist. And, that sad but true fact will continue to influence all of his policies for as long as he remains in office. Indeed, “Exhibit 1,” is the failure of the GOP to achieve “no-brainer” Dreamer protection over the last two years and the stubborn insistence of Sessions and others in the GOP to keep tying up our courts with bogus attempts to terminate already limited protections for those who aren’t going anywhere in the first place.

PWS

08-18-18

HUFFPOST: “’Demographic Change’ Doesn’t Cause Racism, Racists Do”

https://www.huffingtonpost.com/entry/opinion-laura-ingraham-immigration-racism_us_5b71e018e4b0ae32af9ab7f8

Noah Berlatsky writes in HuffPost:

“Massive demographic changes have been foisted upon the American people,” Laura Ingraham declared in a now-infamous rant on Fox News, “and they are changes that none of us ever voted for, and most of us don’t like.”

America has more people of color than it used to, and for Ingraham, the natural result of that demographic change is anger, resentment and anxiety.

The truth, though, is that racism is not natural. It is an ideology cultivated by propaganda and designed to subjugate, terrorize, control and exploit marginalized people.

Claiming that racism is natural, or implying as much, as Ingraham does, is itself a powerful means of spreading and legitimizing racism. Because, if racism is natural, then white people aren’t to blame for it. Instead, they can blame “demographic change.”

Which is to say, they can imagine that racism is caused by the existence of people of color ― and that the solution to racism is to remove those people, in one way or the other.

Ingraham’s rhetoric is extreme. But the idea that racism is normal, expected and understandable is actually quite common.

Ingraham’s rhetoric is extreme. But the belief that racism is normal, expected and understandable is actually quite common. In their book Racecraft, Barbara Fields and Karen Fields point out that writers on racism frequently use phrases like, “black people are denied rights because of the color of their skin.”

No one is denied rights because of skin color. People are denied rights because racists decide to use skin color as an excuse for hatred and violence. Blaming racist acts on skin color, Fields and Fields write, “transforms racism, something an aggressor does, into race, something the target is.” It is, they write, “a sleight of hand that is easy to miss.”

There’s a similar sleight of hand in blaming racism on “demographic change,” which transform racism into a natural disaster, like a flash flood or an earthquake. A recent Washington Post report on white workers at a chicken plant in Pennsylvania, for example, argues that “demographic anxiety is contributing to many of the social fissures polarizing the United States.” That’s a nicer way of paraphrasing Ingraham: White people aren’t racist, they just react helplessly ― and understandably ― to the experience of working alongside brown people.

Similarly, New York Times conservative columnist Ross Douthat recommended restricting immigration because “increased diversity and the distrust it sows have clearly put stresses on our politics.” And social psychologist Jonathan Haidt wrote in 2016 that “those who dismiss anti-immigrant sentiment as mere racism have missed several important aspects of moral psychology related to the general human need to live in a stable and coherent moral order.”

No one is denied rights because of skin color. People are denied rights because racists decide to use skin color as an excuse for hatred and violence.

Haidt, in particular, has argued at length that resentment of immigration or diversity is not racist. He argues that nationalism and love of a particular country and a particular culture is a valuable moral commitment. A shared sense of self or culture leads to lower crime rates and greater generosity, he says.

“People don’t hate others just because they have darker skin or differently shaped noses,” Haidt insists. “They hate people whom they perceive as having values that are incompatible with their own, or who (they believe) engage in behaviors they find abhorrent, or whom they perceive to be a threat to something they hold dear.”

That may well be true, but where do Haidt’s reasonably moral nationalists get the idea that certain people’s values are incompatible with their own?

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The Spanish-speaking people at the Pennsylvania chicken plant are doing hard work of the same kind and in the same place as their English-speaking co-workers. What’s the difference in values supposed to be? For that matter, Spanish-speaking people have been in the Americas longer than English speakers have been here. The idea that the United States is somehow essentially English-speaking not a permanent, inviolable truth ― it is a myth.

LEIGH VOGEL VIA GETTY IMAGES

Jonathan Haidt has argued at length that resentment of immigration or diversity is not racist.

Human beings are quick to organize in-groups and out-groups. And human beings also have huge latitude in how they conceptualize the membership of those groups. At one point in the United States, white American Protestants considered Irish Catholics to be dangerous outsiders whose traditions were fundamentally opposed to democracy and reason. Now, St. Patrick’s Day is seen as a celebration of quintessential American-ness. Irish people didn’t change; they were human beings then and they’re human beings now. White Americans just decided to start including the Irish in their in-group.

Deciding that someone is part of an out-group because they speak Spanish is a choice. Deciding immigrants don’t share “our” values is a choice. Insisting immigrants are criminals despite all the evidence to the contrary is a choice.

“These moral concerns may be out of touch with reality, and they are routinely amplified by demagogues,” Haidt admits. But if your “moral concerns” are based on lies amplified by demagogues, maybe those concerns aren’t really “moral” at all. They certainly are not natural, unstoppable and unchangeable.

Deciding that someone is part of an out-group because they speak Spanish is a choice. Deciding immigrants don’t share “our” values is a choice.

Thomas Jefferson, as was his wont, outlined the logic of natural racism with unusual clarity. In explaining why he didn’t believe white people and black people could ever live together, Jefferson pointed to white prejudice and to black people’s resentment for years of oppression. But, tellingly, he also cited “the real distinctions that nature has made.” Jefferson believed white people hated and disliked black people because white and black people were fundamentally different from one another. Natural difference produces natural animosity. Racism, for Jefferson, is inevitable because race is real.

But Jefferson was wrong. Race isn’t a biological fact; humans are all the same species. There’s no instinctual demand that white people panic when someone with a different skin tone moves in next door. There’s no universal cultural imperative that says that English speakers must be filled with rage and fear when they hear someone speaking a different language.

“Difference” doesn’t make us hate. In fact, Ingraham and her ilk have it precisely backward: It’s the choice to hate that defines other people arbitrarily as “different.” When Ingraham says that “massive demographic changes” have made Americans angry, she’s blaming the victims of that anger.

But the existence of people of color is not the cause of racism. The cause of racism is racists like Laura Ingraham.

Noah Berlatsky is the author most recently of Nazi Dreams: Films About Fascism.

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Yup! Couldn’t agree more! And, blaming the victims is exactly what Trump, Sessions, Miller, Ingraham, and the White Nationalist restrictionists are all about.

Just say no to Trump, Sessions, Miller and racism!

PWS

08-16-18

LA TIMES: FAILURE IN A NUTSHELL: HOW THE TRUMP/SESSIONS/MILLER/ WHITE NATIONALIST IMMIGRATION AGENDA HAS BEEN A DISASTER FOR AMERICA IN EVERY WAY! — GOP Congress Shares Blame For This Mess!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=a2574305-1ea2-4b64-9a8a-4d9696ba9b90

Trump’s immigration debacle

It’s been six weeks since a federal judge ordered the Trump administration to fix the crisis it created when it separated more than 2,500 children from their parents under a heartless policy designed to deter desperate families from entering the United States illegally. But the job of reunification still isn’t done, in part because the government failed to devise a system to track the separated families.

Some 400 parents reportedly have already been deported without their children, and the government apparently has no idea how to reach them. It’s a colossal snafu that is as appalling as it is inexplicable. Among the many inhumane immigration enforcement policies adopted in the first two years of the Trump reign, history may well regard this bit of idiocy as the worst.

Or perhaps not; the competition hasn’t closed yet. In fact, the Pentagon is working on plans, at Trump’s direction, to house 20,000 detained immigrants — including children this time — in secured areas of military bases while they await deportation proceedings. Yes, the Obama administration did something similar when it tried to deal with the inflow of unaccompanied minors from Central America. It was a bad idea then, and it’s a bad idea now; kids don’t belong in prisons on military bases. Under a court order, the government cannot hold minors for more than 20 days before releasing them to the custody of their parents, other relatives or vetted guardians.

When it comes to immigration, there has been such a flood of bad policies and ham-handed enforcement acts since Trump took office that it can be hard to keep it all straight.

First there was the ban on travel of people from mostly Muslim countries and then the effort to eliminate protections for so-called Dreamers who have been living in the country illegally since arriving as children. Hard-line Atty. Gen. Jeff Sessions has inserted himself in the immigration court system and overridden previous decisions over who qualifies for asylum; not surprisingly, the number of people granted protection has dropped as a result. President Trump also has throttled the flow of refugees resettled here; last year, for the first time since the passage of the 1980 U.S. Refugee Act, the United States resettled fewer refugees than the rest of the world, a significant step away from what had been an area of global leadership. (Over the last 40 years, the U.S. has been responsible for 75% of the world’s permanently resettled refugees.)

Then there’s this: The White House is reportedly drafting a plan that would allow immigration officials to deny citizenship, green cards and residency visas to immigrants if they or family members have used certain government programs, such as food stamps, the earned income tax credit or Obamacare.

And this: The now largely abandoned “zero tolerance” policy of filing misdemeanor criminal charges against people crossing the border illegally led to a surge of cases in federal court districts along the Southwest border as non-immigration criminal prosecutions plummeted, according to an analysis by the Transactional Records Access Clearinghouse. In fact, non-immigration prosecutions fell from 1,093 (1 in 7 prosecutions) in March to 703 (1 in 17 prosecutions) in June, suggesting that serious crimes are taking a back seat to misdemeanor border crossing.

Meanwhile, a Government Accountability Office report this week questions how U.S. Customs and Border Patrol set priorities in planning where to build Trump’s border wall, and said the agency failed to account for wide variations in terrain in estimating the cost — which means that extending the existing border walls and fences another 722 miles could cost more than the administration’s $18-billion estimate. And while the president crows that the wall will secure the border, it won’t, experts say. People will still find a way around, over or under it. And most drug smuggling already comes hidden in motor vehicles passing through monitored ports of entry. At best, Trump’s wall — if Congress is insane enough to approve funding — would be little more than a symbol of his arrogance, and of this country’s determination to seal itself off from the world.

Trump’s immigration policy has been characterized by unnecessary detention and inadequate monitoring that has allowed for abuses at detention centers — including sexual assaults and forced medication of children. The immigration court system is now overwhelmed by a backlog of 733,000 cases.

In short, it’s been a disaster. And through all of these fiascoes, there have been zero serious efforts in Congress or by the president for comprehensive reform of a system everyone acknowledges is broken.

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Regime change is the only answer, beginning this November and continuing until Trump and his toxically incompetent White Nationalist Cabal are removed from office!

America is a great country that could reach its full potential and regain both economic and moral leadership among the world’s nations. But, it’s never going to happen while the majority of us are being governed by short-sighted, incompetent White Nationalists bent on letting their racist agenda destroy our country. Oh, and they are corrupt grifters too, never a good sign in leadership!

PWS

08-11-18

CATHERINE RAMPELL @ WASHPOST: HOW THE TRUMP/SESSIONS WHITE NATIONALIST CABAL PLANS MORE CHILD ABUSE – THIS TIME U.S. CITIZENS – WHILE FURTHER DIMINISHING US AS A NATION – All In The Name Of Xenophobic Racism!

https://www.washingtonpost.com/opinions/three-reasons-trumps-new-immigration-rule-should-make-your-blood-boil/2018/08/09/1f59a7fe-9b4c-11e8-8d5e-c6c594024954_story.html?utm_term=.01d421f3f621

Catherine Rampell reports for the Washington Post:

Once again, the Trump administration is looking to punish immigrants. And once again, innocent children are getting hurt in the process.

This time, however, many of those innocent children are likely to be U.S. citizens.

On Tuesday, NBC News reported that the Trump administration is readying a new rule that should make your blood boil. The initiative, in the works for more than a year, would make it harder for legal immigrants to receive either green cards or citizenship if they — or anyone in their households — has ever benefited from a long list of safety-net programs. These include the Children’s Health Insurance Program (CHIP), food stamps or even health insurance purchased on the Obamacare exchanges.

Three points are worth emphasizing here.

First is that, again, this policy would apply to immigrants who are in the country legally . It’s not about punishing people for “sneaking across the border,” that apparently unforgivable transgression that Trump officials have previously used to justify state-sanctioned child abuse. And, in any case, undocumented immigrants are already excluded from nearly all federal anti-poverty programs.

As such, the proposal fits into President Trump’s agenda to dramatically cut levels of legal immigration, despite his rhetorical focus on the undocumented.

Second, this rule is ostensibly about making sure immigrants are self-sufficient and not a drain on public coffers. But NBC reports that the rule could disqualify immigrants making as much as 250 percent of the poverty level.

Moreover, an immigrant’s past use of benefits does not necessarily mean he or she will need them forever. Even the immigrant populations that you might expect to have the most trouble achieving economic self-sufficiency have proved to be a good long-term investment for the nation’s fiscal health.

For instance, refugees initially cost the government money; they need a lot of help, after all, given that they often arrive penniless and without proficient English-language skills. But over time, their work and wage prospects improve and, by their fifth year here, they pay more in taxes than they received in benefits on average, according to a government report commissioned and subsequently suppressed by the Trump administration last year. (The report eventually leaked to the New York Times.)

Third, and most important, is that under the proposal, it’s not only immigrants who must forgo safety-net benefits if they don’t wish to be penalized by the immigration system. It is everyonein a given immigrant’s household.

That includes — based on an earlier leaked draft of the proposal published by The Post — an immigrant’s own children, even if those children are U.S. citizens who independently qualify for safety-net benefits.

That’s right. Legal-immigrant moms and dads may soon face a choice between (A) guaranteeing their U.S.-born children medical care, preschool classes and infant formula today, or (B) not threatening their own ability to qualify for green cards or citizenship tomorrow.

The universe of U.S.-citizen children who could be affected is large. The Kaiser Family Foundation estimates that, in Medicaid and CHIP enrollment alone in 2016, about 5.8 million citizen children had a noncitizen parent.

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The rule has not yet been issued. But various versions of it have leaked over the past year and a half. These have received coverage in foreign-language media, and fears about changes to immigration policy already appear to be discouraging participation in services meant to help low-income American children.

Including, perhaps most distressingly, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), a critical lifeline that provides access to food, prenatal care, breast pumps and other services for low-income mothers and children. WIC was listed in the draft rule published by The Post, and it’s not clear whether it remains in the latest version; but, either way, some immigrant parents and parents-to-be are already unenrolling, just in case.

“I had one family come and tell me, ‘Please remove us from WIC program, all services, medical, dental, everything,’ ” says Aliya S. Haq, the nutrition services supervisor at International Community Health Services in Seattle. The family had a child less than a year old who needed medical attention, but Haq could not convince them the benefits outweighed the risks of staying in the program.

Another patient, who is pregnant, asked to stop receiving prenatal assistance because she’s applying for citizenship.

Haq said the clinic’s WIC enrollment has fallen by about 10 percent over the past year; she worries daily about whether infant and maternal mortality rates will worsen, and whether there will be a negative effect on the brain development and long-term health of newborns.

Any policy that discourages, even a little bit, poor families’ use of such services is not just heartless. From an economic perspective, it is foolish. We need healthy, well-nourished, well-educated children to become healthy, well-nourished, productive workers.

But once again, children and the economic future they represent are the casualties of Trump’s casual cruelty.

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Catherine is being too kind to the Trumpsters. So, I’ll lay it on the line for you. This isn’t just “casual cruelty.” It’s intentional racist, xenophobic cruelty of the kind that Trump, Sessions, and Miller have promoted throughout their sordid careers.

We need regime change. In the meantime, here’s hoping that the New Due Process Army will keep these outrageous, racist, irrational, and unneeded regulations changes tied up in litigation until the White Nationalist regime can be thrown out of office.

PWS

08-09-18

PREDICTABLY, TRUMP/SESSIONS/MILLER WHITE NATIONALIST “GONZO” IMMIGRATION ENFORCEMENT DIMINISHES US AS A NATION BUT FAILS TO STEM HUMAN MIGRATION! – Resist Stupidity, Cruelty, & Calls For More Fraud & Abuse Of Taxpayer Money On Xenophobic Racist Initiatives!

https://www.washingtonpost.com/politics/ahead-of-midterms-trump-hits-a-wall-in-efforts-to-curb-illegal-immigration/2018/08/08/9bc49f4a-9a59-11e8-843b-36e177f3081c_story.html?utm_term=.702f863a3ad4

cement, reports for the Washington Post:

President Trump, who for three years has vowed to build a massive security wall on the U.S.-Mexico border, is running into his own wall on illegal immigration, which has continued to surge in recent months despite family separations and other hard-edge policies aimed at curbing the flow.

Nearly 19 months into his presidency — and three months ahead of pivotal midterm elections — the envisioned $25 billion border wall remains unfunded by lawmakers. Deportations are lagging behind peak rates under President Barack Obama, while illegal border crossings, which plummeted early in Trump’s tenure, have spiked.

And government data released Wednesday showed that the number of migrant families taken into custody along the southern border remained nearly unchanged from June to July — an indication that the Trump administration’s move to separate thousands of parents and children did little to deter others from attempting the journey.

More than 9,200 family members entered the country illegally in July, a number on par with the past several months, according to the data. In all, more families with children have arrived in the first 10 months of fiscal 2018 than during any year under Obama.

. . . .

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Read the rest of David’s excellent article at the link.

No real surprises her for anyone who understands immigration. Obviously, irrational policies based on racial animus rather than facts, logic, common sense, or human behavior will fail every time.

We need regime change! In the meantime, Go New Due Process Army!

PWS

08-09-18

VAL BAUMAN @ DAILY MAIL — NOW THERE IS PROOF! — Sessions’s “Zero Tolerance” Prosecutions Of Asylum Seekers Displace Real Criminal Prosecutions & Investigations, Actually Making America Less Safe! — When Will The Waste, Fraud, & Abuse Of Our Justice System By The Sessions DOJ End? — “‘Unless crimes are suddenly less prevalent in the districts along the southwest border, the odds of being prosecuted for many federal offenses have declined,’ the report found.”

http://www.dailymail.co.uk/news/article-6036081/Prosecution-non-immigration-crimes-57-Southern-U-S-border-immigration-cases-balloon.html

Val writes:

The rate of non-immigration prosecutions at the southern U.S. border was down 57 percent in June compared to March as federal officials changed focus under the Trump administration’s zero-tolerance immigration policy, according to a new report.

In March 2018, non-immigration prosecutions accounted for one in seven (14 percent) of all total prosecutions at the southern border’s five federal districts.

That rate fell steadily over the next several months, and by June the ratio had fallen to one in seventeen (or six percent) of all prosecutions, according to an analysis of government data by the Transactional Records Access Clearinghouse at Syracuse University.

+2

In March 2018, non-immigration prosecutions accounted for one in seven (14 percent) of all total prosecutions at the southern border’s five federal districts. By June the ratio had fallen to one in seventeen (or six percent) of all prosecutions

‘Unless crimes are suddenly less prevalent in the districts along the southwest border, the odds of being prosecuted for many federal offenses have declined,’ the report found.

The timing of the change coincides with the Trump administration’s April 6 announcement that the government was taking a zero-tolerance approach to immigration at the southern U.S. border.

Statisticians at TRAC concluded that the push to prioritize prosecuting illegal border crossers had taken focus away from other crimes that federal prosecutors are charged with enforcing – including narcotics trafficking, weapons offenses and pollution crimes, among other things.

‘There are these capacity issues; everything can’t be your top priority,’ said Susan Long, a statistician for TRAC. ‘I think it’s difficult to believe that the stepped-up immigration prosecutions were just happenstance and didn’t have anything to do with policy.’

Former immigration judge Paul Wickham Schmidt agreed, saying most illegal immigration cases are misdemeanors that result in time served – typically 2-3 days.

‘Courts have limited capacity, prosecutors have limited capacity and when you prioritize one thing that means deprioritizing something else,’ he said. ‘In this case, what they’ve deprioritized is absolutely insane. There are real crimes out there.’

The TRAC report also bolsters assertions by San Diego-based Justice Department prosecutor Fred Sheppard that the zero-tolerance policy would be ‘diverting staff, both support and attorneys, accordingly’ from non-immigration cases, according to a June report by USA Today.

Sheppard warned border authorities that prioritizing immigration cases would ‘occupy substantially more of our resources,’ according to an email obtained by the paper.

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Clearly, Sessions’s obscene, irrational, xenophobic fixation on brown skinned asylum seekers (who, in most cases should just be taken to the nearest port of entry and processed civilly through the credible fear/removal system) is destroying the U.S. Justice system. His insane program ignores the fundamental truth of law enforcement in any system: putting minor first offenders of regulatory laws in court displaces the cases of major offenders.

That’s why no well functioning justice system does it! What would you think if your local courts and prosecutors were so busy processing jaywalking cases that they couldn’t investigate and prosecute burglaries and bank robberies? But, that’s essentially what Sessions is doing here.

Moreover, the Federal Prosecutors, Federal Judges, and Federal, Magistrates who have failed to use their independent authority to put an end to these abuses are also complicit.

While much has been written about the supposed “resilience” of our democratic institutions and their ability to stand up to Executive abuses and tyranny, in this case it’s not happening. The system is essentially letting Sessions “get away with murder.” As Americans we should all be both outraged and appalled by this failure!

Stop the abuses! Stand up for Due Process, humanity, and rationality!

PWS

08-08-18

MIRIAM JORDAN @ NYT – CREDIBLE FEAR APPROVALS FOR REFUGEES AT BORDER PLUNGE AS A RESULT OF SESSIONS’S ASSAULT ON DUE PROCESS, WOMEN, HISPANICS, & THE US ASYLUM SYSTEM – ACLU Sues To Thwart White Nationalist AG’s Efforts To Make Border A Killing Field For The Most Vulnerable Among Us!

https://www.nytimes.com/2018/08/07/us/migrants-asylum-credible-fear.html

Miriam writes for the NY Times:

Nine years ago, a Guatemalan woman named Irene said, she watched as gangs murdered her husband in front of her when he refused to pay them a “tax,” or extortion fee, to keep the family musical-instruments business open. Some of the assailants were imprisoned, and she continued to run the shop on her own.

Recently, though, the menace resumed, she said. The perpetrators, fresh out of prison, threatened to kill Irene if she did not pay. Fearing for her life, she fled to the United States with her 17-year-old daughter. They arrived at the southwest border seeking asylum on June 13.

Under the Trump administration’s zero-tolerance border enforcement policy, the 47-year-old woman was detained and her daughter was sent to a shelter. A few weeks later, Irene had her initial interview with an asylum officer, the first hurdle applicants must clear in the asylum process.

The officer, who conducted the interview over the phone, determined that Irene had not proved a “credible fear” of persecution if she returned home. Irene was dumbstruck. What was their definition of fear?

“I can’t go back to my country,” Irene, who asked that only her first name be used because she feared reprisals, said this week in a phone interview. “They’ll kill me if I go back.”

Immigration attorneys and advocates report that asylum applicants in recent months are failing their crucial initial screenings with asylum officers at the border in record numbers, the first sign that the Trump administration is carrying out promises to reduce the number of people granted asylum in the United States and limit the conditions under which it is granted.

New reports that people are being rejected at the border with only a cursory review of their claims has raised an alarm among immigrant advocates, who warn that many of those with legitimate claims are being sent home to face danger, or even death, despite international laws that guarantee the right of the persecuted to seek sanctuary in other countries.

Behind the new practices are recent changes to asylum adjudication unveiled by Attorney General Jeff Sessions in June. Critics have said those changes render it all but impossible for those fleeing domestic abuse, gang brutality and other violence to win protection in the United States.

Mr. Sessions’s decision was codified in a memo issued in July to the officers at U.S. Citizenship and Immigration Services who conduct credible-fear interviews at the border.

. . . .

Data suggests that the number of people succeeding in making a case for credible fear began to decline sharply earlier this year, even before Mr. Sessions announced his new legal guidance.

According to figures collected and released by the Transactional Records Access Clearinghouse at Syracuse University, which tracks immigration statistics, findings of credible fear in immigration court began to “plummet” in what appeared to be a “dramatic change” during 2018. During the six months ending in June, only 14.7 percent of the case reviews in immigration court found the asylum seeker had a credible fear. Approval levels were twice that level during the last six months of 2017, the researchers found.

Eileen Blessinger, the attorney representing Irene, the Guatemalan woman, tweeted a photograph on July 12 of a stack of papers. “This is what 29 blanket credible-fear interview denials looks like,” she wrote, noting that among her clients who had been detained apart from their children, “every single separated parent” who was interviewed had received a negative determination.

She said that the trend has persisted since last month’s tweet.

“I haven’t met a single person in the last few weeks who passed their credible-fear interview,” said Allegra Love, executive director of the Santa Fe Dreamers Project, who leads a team of lawyers assisting migrants in detention in New Mexico. She added, “We have never seen such a high volume of denials.”

On Tuesday, the American Civil Liberties Union filed a lawsuit in federal court challenging the new policies, which it argues violate due process “in numerous respects” and effectively close the door to asylum to people fleeing domestic abuse and gang brutality.

The lawsuit, filed in the Federal District Court for the District of Columbia, asks the judge to declare the new credible-fear policies illegal and to enjoin the government from applying the new standards.

“This is a naked attempt by the Trump administration to eviscerate our country’s asylum protections,” Jennifer Chang Newell, the managing attorney with the ACLU’s Immigrants’ Rights Project, said in a statement. “It’s clear the administration’s goal is to deny and deport as many people as possible, as quickly as possible.”

. . . .

Paul W. Schmidt, who retired as an immigration judge in 2016, said it appears that the attorney general’s move to reinterpret judicial precedent was “very intentional — to undermine claimants from Central America.”

“Sessions has made it much, much more difficult to fit your case into a category for relief, even if you have suffered very serious harm,” said Mr. Schmidt, who served as chairman of the Board of Immigration Appeals from 1995 to 2001.

One case decided before Mr. Session’s decision provides an example of how such cases were often handled in the past. In 2015, a Guatemalan woman named Ana decided that she and her then 11-year-old daughter could no longer endure the relentless psychological and physical aggression inflicted on them by her former partner. They had reported the abuse to local police, to no avail, and finally journeyed north to seek refuge in the United States.

Ana passed the credible-fear interview and moved with her daughter to Kentucky, where a lawyer helped them make their case before an immigration judge.

In early June, a week before Mr. Sessions’s new legal guidance, Ana was granted asylum and the right to remain legally in the United States. “I thank God we can be where we are safe, instead of returning to danger,” she said.

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Read Miriam’s entire story at the link.

I’ve heard USCIS officials claim that “nothing has changed” in the credible fear interview process or results as the result of Sessions’s rewrite of asylum law in Matter of A-B-, and his overtly anti-asylum, anti-Hispanic, anti-female message which has certainly been echoed by the actions of USCIS Director Cissna. Cissna has removed “customer service” (read “human service”) from the agency’s mission. I have been and remain highly skeptical of those claims of “business as usual.”

Perhaps those officials need to go down to the border and watch while the “Irenes of the world” are improperly blocked by their officers from even having a chance to put on a full asylum case before an Immigration Judge. This is neither Due Process nor is it compliance with the Refugee Act of 1980, the 1951 Refugee Convention, and the Convention Against Torture. It’s disgusting, plain and simple! A low point in U.S. history for which even career Civil Servants who are “going along to get along” with Sessions’s vile and lawless message have to bear some responsibility. And that definitely includes some U.S. Immigration Judges “rubber stamping” these parodies of justice. History is recording who you are and what you have done and continue to do.

Indeed, what is “their definition of fear?” Obviously, nothing suffered or to be suffered by those with brown skins under the Sessions regime.

For years, even before Trump, the law has been intentionally manipulated and unfairly tilted against asylum seekers from Central America by “captive” judges working for the DOJ and responding to political pressure to reduce the flow of refugees across the Southern Border. But, Sessions has removed all vestiges of Due Process and legality — he overtly seeks to send vulnerable asylum seekers back to danger zones without fair hearings.

If these folks could get lawyers, gather evidence, and have a fair hearing before an impartial judge, and an interpretation of protection law consistent with the generous aims of the Refugee Act of 1980 and the international Convention that it implements, and a right to seek corrective review before “real courts” (those not working for Sessions) they would have a decent chance of qualifying for protection. Beyond that, even those who don’t satisfy all of the arcane technical requirements for asylum often face life-threatening danger in countries where the government protection system has broken down or joined forces with gangs and abusers. They should also be offered some type of at least temporary refuge.That’s exactly what the 1959 Convention and Protocol contemplated and some other countries have implemented.

Some day, we as a nation will be held accountable, if only by history, for what Trump, Sessions, and the White Nationalists are doing to refugees and migrants of color under the cover of, but actually in contravention of, the law (and human decency). But those who are “going along to get along” by not standing up to these abuses of Executive Power, Due Process, and human rights will also be complicit!

PWS

08-08-18

WASHPOST: CHILD ABUSERS AND SCOFFLAWS ARE RUNNING AMOK IN WASHINGTON – NOBODY IS WILLING OR ABLE TO STOP THEM FROM STRIKING AT WILL AND THUMBING THEIR NOSES AT COURT ORDERS!

https://www.washingtonpost.com/opinions/no-its-not-the-aclus-job-to-reunite-the-families-you-sundered-mr-president/2018/08/06/1dda78d0-99b3-11e8-8d5e-c6c594024954_story.html?utm_term=.9c56baeaaa29

By Editorial BoardAugust 6 at 7:53 PM

AS ONE strolls the stately streets of Washington, D.C., taking in the breathtaking scale and august architecture of the federal government’s multifarious departments, agencies and commissions — more than 430 of them, by some estimates — one can only stand in awe of the sheer size, resources and power of the . . . American Civil Liberties Union. That, in a nutshell, was the stance the Justice Department seemed to take in court last week. It argued that the ACLU, not the U.S. government, is capable of cleaning up the ongoing mess stemming from the Trump administration’s brief but incalculably damaging campaign to separate hundreds of migrant children from their parents.

As the government said in court filings, the ACLU, which represents the parents, should use its “considerable resources” and network of advocacy groups, lawyers and volunteers to reunify hundreds of families that remain sundered despite U.S. District Judge Dana M. Sabraw’s order that they be reunified. The judge was having none of it. “This responsibility is 100 percent on the government,” he said.

Edging away from his characteristic understatement, Mr. Sabraw, a Republican appointee, went further. “The reality is that for every parent that is not located, there will be a permanently orphaned child and that is 100 percent the responsibility of the administration,” he said.

The ACLU says it is ready to help reunite families, but it’s preposterous that the government would try to outsource the job and shed its own responsibility. When considering the tragedy visited upon hundreds of families by the heedless, ham-handed cruelty of the Trump administration’s family-separation foray, the statistics may mask the depth of suffering inflicted on individual children, including toddlers and tweens, by President Trump, Attorney General Jeff Sessions and Homeland Security Secretary Kirstjen Nielsen.

They devised the separation policy, specifically intending to deter future migrants. In the face of public outrage, Mr. Trump reversed the “zero tolerance” policy six weeks after it was proclaimed. But the damage is lasting. Despite Mr. Sabraw’s order that more than 2,500 children be returned to their parents by late July, more than 400 of them, whose parents were deported, remain in government shelters. Federal officials, who had no plan for reuniting families, also have no plan for locating parents, most of them in Guatemala and Honduras , who have already been removed.

A measure of the administration’s callous recklessness is that officials often failed to collect contact information for deported mothers and fathers — cellphone numbers, addresses — that could facilitate reunions with their children. In some cases, government forms list deportees’ addresses in Central America as “calle sin nombre” — street without a name. Very useful.

Mr. Sabraw ordered the administration to appoint an individual to oversee what will be the painstaking process of tracking down deported parents. In the meantime, administration lawyers might take a refresher course on the meaning of accountability and personal responsibility. Of course, ultimate responsibility lies with administration leaders who cared so little for the human beings who are now paying such a high price.

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Simply breathtaking lack of accountability, personal responsibility, morality, and human decency by the government officials responsible for this abuse. And, some stunning ethical lapses by the DOJ attorneys who presented this insulting, demonstrably untrue, nonsense in Federal Court. But, the key is that only the victims of the abuse suffer. The perpetrators walk free to strike again, emboldened by having gotten away with a mere slap on the hand for abusing children and insulting a Federal Judge and the opposing party.

We need regime change!

PWS

08-07-18

GET OUT THE VOTE IN NOVEMBER! TAKE OUR COUNTRY BACK FROM THE WHITE NATIONALISTS AND THEIR ENABLERS! START HOLDING TRUMP, SESSIONS, AND THE OTHER REGIME AUTOCRATS RESPONSIBLE FOR THEIR UNLAWFUL, IMMORAL, AND DIVISIVE POLICIES!

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Judge Who Forced Feds to ‘Turn That Plane Around’ Blocks Another Deportation

U.S. District Judge Emmet Sullivan this month lambasted federal officials for the unauthorized removal of a woman and her daughter while their emergency court challenge was unfolding in Washington, D.C.

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Get out the vote in November to oust the GOP and restore humane, Constitutional Government that respects individuals of all races and genders and honors our legal human rights obligations. If decent Americans don’t act now, 1939 might be here before we know it!

Due Process Forever!

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4 Ways Aretha Franklin Fought for a Better World

“American history wells up when Aretha sings.”

1. Women’s Rights

2. Civil Rights

3. Supporting Access to Nutritional Food

4. Boosting Charity Events

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