DUE PROCESS IN ACTION: WHAT HAPPENS WHEN AN INDEPENDENT ARTICLE III COURT ACTS TO ENFORCE CONSTITUTIONAL RIGHTS BEING IGNORED BY DHS & DOJ: Here’s One Family’s “Human Story” About How the 9th Circuit’s Decision In Jennings v. Rodriguez Saved Them (And Also Us)! — Bond Hearings Can Mean EVERYTHING To A Detained Immigrant & Family!

http://lawprofessors.typepad.com/immigration/2017/10/how-a-bond-hearing-saved-me-from-deportation-by-mark-hwang.html

From ImmigrationProf Blog:

The ACLU blog has an interesting post on Jennings v. Rodriguez, the immigrant detention case argued in the Supreme Court today.

How A Bond Hearing Saved Me From Deportation By Mark Hwang

Today the Supreme Court will hear Jennings v. Rodriguez, a case that will decide the fate of thousands of men and women locked up in immigration prisons across the country. The federal government is challenging a 2015 Ninth Circuit ruling, in which the American Civil Liberties Union secured the right to a bond hearing for people in deportation proceedings after six months of detention.

Bond hearings allow people to go before a judge so that he or she can decide if imprisonment is necessary, weighing factors like public safety and flight risk. It’s basic due process. Bond hearings are a vital check on our country’s rapidly-expanding immigration system. I’ve seen their power firsthand, because not too long ago, I was one of the people locked up.

In February 2013, I was driving with my one-year-old son when we were stopped by an immigration officer. He said that I hadn’t used my turn signal when changing lanes and asked to see my identification. When he came back to the car, he asked if I had ever been convicted of a crime.

I answered truthfully. More than a decade ago, when I was in my early 20s, I was convicted of marijuana possession with intent to sell. I had served a short sentence and had remained out of trouble since. Still the officers said that I needed to go with them and that I would have to explain “my situation” to a judge. I was shackled and put in the back of the car while one of the officers got into my car to drive my son home.

I thought there had to be some kind of mistake. Around two weeks earlier, my wife Sarah had given birth to our identical twin daughters. My life at the time was full, growing, and completely rooted in the United States.

When I was booked into custody, an officer told me that my drug conviction meant that my detention was “mandatory.” Nobody had ever told me that pleading guilty on a drug charge could have implications for my immigration status. I petitioned a court to vacate the marijuana conviction, but because I was locked up, I couldn’t appear at the hearing. The request was denied and I had no idea for how long I would be locked up, leaving my wife to run our business and care for our children alone. When my family came to visit me in detention, I wasn’t allowed any physical contact, so I couldn’t hold my newborn daughters or my son.

I was at a breaking point, and nearly ready to sign deportation papers when – after being locked up for six months — I finally received a bond hearing as result of the court decision in Jennings. I was granted bond and released, allowing me to return to my family. With the help of an attorney, I was able to vacate my marijuana conviction because I had never been apprised of the immigration consequences to pleading guilty. As a result, ICE no longer had a reason to try to deport me.

Before Jennings, people fighting deportation could be detained indefinitely while they defend their rights to remain in the United States. This includes lawful permanent residents like me; asylum seekers and survivors of torture; the parents of young children who are citizens; and even citizens who are wrongly classified as immigrants. Many go on to win their deportation cases, which means their detention was completely unnecessary.

Even worse, a lot of people simply give up their cases because they can’t endure the hardship of being locked up. Detention almost broke me and I could have lost my life in the only country I’ve known since I was six years old. Instead, I’m here to share my story. Through this experience, I found my faith and am now deeply involved in my church and community. My son is six years old and my twins are five. My wife and I still run our business and I thank her all the time for being a pillar of strength while I was locked up. I hope the justices make the right choice — it can make all the difference.

KJ

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We’re in “Catch 22” territory here! This respondent was locked up by DHS in “mandatory detention” because he was wrongfully convicted in state court. But, he couldn’t successfully challenge his state court conviction because he was locked up by DHS. Once he got a bond hearing, after six months, he was released, his conviction was vacated, and he and his family could go back to living their lives and being productive Americans. 

But, without the intervention of the 9th Circuit in Jennings, this individual likely would have been coerced into “voluntarily” relinquishing his Constitutional rights and accepting removal to a country where he hadn’t been since he was six years old. I can guarantee you that in jurisdictions where the Article III Courts have not intervened in a manner similar to Jennings, individuals are coerced into abandoning their Constitutional rights and foregoing potentially winning Immigration Court cases on a daily basis.

And, just think of the absurd waste of taxpayer money in detaining this harmless individual for months and forcing the legal system to intervene, rather than having both Congress and the DHS use some common sense and human decency. Few Americans fully contemplate just how broken our current immigration system is, and how we are trashing our Constitution with inane statutes enacted by Congress and poor judgment by the officials charged with administering them.

Easy to “blow off” until it’s you, a relative, or a friend whose Constitutional rights are being mocked and life ruined. But, by then, it will be too late! Stand up for Due Process and human decency now!

PWS

10

DEAN KEVIN JOHNSON SUMMARIZES ORAL ARGUMENT IN JENNINGS V. RODRIGUEZ FOR SCOTUS BLOG – Is There Some Hope For Constitutional Limits On “Gonzo” Immigration Enforcement & Mindless Imprisonment? — It’s A Nice Thought, But Too Early To Tell!

http://www.scotusblog.com/2017/10/argument-analysis-justices-seem-primed-find-constitutional-limits-detention-immigrants/

Dean Johnson writes:

Kevin Johnson Immigration

Posted Wed, October 4th, 2017 12:44 pm

“Argument analysis: Justices seem primed to find constitutional limits on the detention of immigrants

Yesterday, the Supreme Court heard reargument in Jennings v. Rodriguez, a class-action constitutional challenge to a variety of provisions of the immigration laws allowing for immigrant detention. After the oral argument last term, the court asked for further briefing on the constitutionality of the detention of immigrants. With the Trump administration promising to increase the use of detention as a form of immigration enforcement, the case has taken on increasing practical significance since the court first decided to review the case in June of 2016.

As discussed in my preview of the argument, two Supreme Court cases at the dawn of the new millennium offered contrasting approaches to the review of decisions of the U.S. government to detain immigrants. In 2001, in Zadvydas v. Davis, the Supreme Court interpreted an immigration statute to require judicial review of a detention decision because “to permit[] indefinite detention of an alien would cause a serious constitutional problem.” Just two years later, the court in Demore v. Kim invoked the “plenary power” doctrine – something exceptional to immigration law and inconsistent with modern constitutional law – to immunize from review a provision of the immigration statute requiring detention of immigrants awaiting removal based on a crime.

During the oral argument last term, the justices focused on two very different aspects of the case. On the one hand, as even the government seemed to concede, indefinite detention without a hearing is difficult to justify as a matter of constitutional law. At the same time, however, some justices worried that the U.S. Court of Appeals for the 9th Circuit had acted more like a legislature than a court in fashioning an injunction requiring bond hearings every six months. The reargument yesterday focused on similar questions, although several justices expressed alarm at the U.S. government’s claim that indefinite detention of immigrants is constitutional.

Deputy Solicitor General Malcom Stewart began for the United States by “stress[ing] the breadth of Congress’s constitutional authority to establish the rules under which aliens will be allowed to enter and remain in the United States.” Focusing first on noncitizens seeking to enter the U.S., he characterized the respondents’ claim as seeking “a constitutional right to be released into this country” during the pendency of their removal proceedings.

Justice Ruth Bader Ginsburg quickly took a poke at the government’s case, noting that someone with a credible fear of persecution who is applying for asylum might be able to gain parole into the United States. Justice Sonia Sotomayor got to the crux of the case in short order: “[W]hat other area of law have we permitted a government agent on his or her own, without a neutral party looking at that decision, to detain someone indefinitely?”

Stewart had no response except to say, paraphrasing language in the Cold War case United States ex rel. Knauff v. Shaughnessy, that for “aliens arriving at our shores … , whatever Congress chooses to give is due process.” Sotomayor’s incredulous response was blunt: “[T]hat’s lawlessness.”

Rejecting Stewart’s claim that the only alternatives for arriving immigrants are detention or release, Ginsburg pointed out that “there is something in between,” and that monitoring devices could be used to keep track of an immigrant released on bond. In response, Stewart invoked Demore v. Kim, and said that due process does not require Congress to use the least restrictive means with respect to detention of immigrants.

Justice Stephen Breyer kept Stewart on the ropes by pointing out the oddity of not giving bond hearings to noncitizens when they are given to “triple ax murderers.” Justice Elena Kagan seemed to agree that the detention statute should be read to permit a hearing and possible release.

Stewart then returned to defending the plenary-power doctrine and its Constitution-free-zone for noncitizens seeking admission into the United States. In response to a question from Kagan, he admitted that his argument was premised on the claim that people at the border “have no constitutional rights at all.” Armed with hypotheticals like the former law professor she is, Kagan asked whether the government could torture arriving immigrants or subject them to forced labor. Stewart agreed that such treatment would be unconstitutional, but then had a hard time explaining why indefinite detention does not also violate the Constitution.

After getting Stewart to agree that “detention violates due process, if there is an unreasonable delay in that detention,” Justice Anthony Kennedy asked whether a six-month rule for a hearing, which the 9th Circuit had adopted, might be appropriate. Along similar lines, Kagan suggested that, for immigrants with ties to the country, years in detention would be problematic. Stewart persisted in his position that years of detention without a bond hearing would be permissible. Kennedy seemed troubled by the apparent inconsistency between Stewart’s admission that unreasonably prolonged detention could violate due process and his insistence that arriving immigrants lack constitutional rights.

A former Supreme Court advocate, Chief Justice John Roberts asked Stewart pointedly about a statement in the government’s supplemental reply brief that 14 months without a hearing would cause constitutional problems, noting that it “sounds close to a concession.”

Justice Samuel Alito inquired about the appropriate remedy if there was a constitutional violation, suggesting that rather than adopting a bright-line rule, the court could employ a multi-factored approach like that used in assessing constitutional speedy-trial claims.

Next up was Ahilan Arulanantham of the American Civil Liberties Union of Southern California, who argued the case for the class of immigrants. He stated at the outset that there are limits on the government’s power to detain immigrants, which he said were based in longstanding case law. Ginsburg quickly asked about the 9th Circuit’s requirement of a bond hearing every six months, noting that criminal defendants receive an initial bail hearing, with no more required under the Constitution.

Kagan seemed to read Demore v. Kim as allowing for detention, but only for a matter of months. Arulanantham explained that the length of detention of the class members was much longer, in part because, unlike the detainee in Demore, they are opposing their removals and seek to remain in the United States. He emphasized that a significant component of the class was seeking cancellation of removal, which allows successful applicants to remain as lawful permanent residents.

Justice Neil Gorsuch raised some jurisdictional questions based on provisions of the immigration statute (8 U.S.C. §§ 1252(b)(9), (f)(1)) that limit the courts’ jurisdiction in immigration cases. Arulanantham said that the government concedes that Section (b)(9), which allows for review of a final removal order, does not apply to detention claims, and that the government had waived any jurisdictional objection based on Section (f)(1). Gorsuch seemed satisfied with these explanations.

Returning to Ginsburg’s earlier question about the 9th Circuit’s requirement that a bond hearing be conducted every six months, Arulanantham defended the rule, noting that “this Court has never authorized detention without a hearing before a neutral decision-maker, outside of national security, beyond six months.” Alito pushed back, asking, “Where does it say six months in the Constitution? Why is it six? Why isn’t it seven? Why isn’t it five? Why isn’t it eight?”

Roberts acknowledged that the constitutional concerns increase with the length of a detention, but still asked Arulanatham to justify that specific time limit. Arulanantham responded by citing government statistics showing that 90 percent of all detention cases under mandatory detention finish in less than six months. Roberts wondered whether habeas or other relief might be a possibility. Returning to this question later, Arulanantham offered statistics showing that final adjudication of a habeas petition takes 19 months in the U.S. Court of Appeals for the 11th Circuit and 14 months in the U.S. Court of Appeals for the 3rd Circuit.

Roberts also suggested that some of the immigrants were in detention for lengthier periods because they were preparing their cases. Pushing back, Arulanantham said in effect that an immigrant should not be penalized for seeking relief. He emphasized that the fact that an immigrant is pursuing relief does not make the person a flight risk.

Alito asked why an immediate bond hearing, as is the rule in criminal cases, was not required. Arulanantham noted that the Supreme Court had rejected that possibility in Demore. Late in the argument, Gorsuch asked about a possible remand to the 9th Circuit to decide first on constitutionality. Arulanantham admitted that could be a possibility but asked what would be gained.

As the reargument made clear, this case raises some fascinating constitutional questions, which now are squarely before the court. The justices seemed primed to find constitutional limits on the detention of immigrants. They seemed less troubled than they had been in the first argument by the six-month period for bond hearings established by the 9th Circuit, with the discussion about the reasonableness of the six-month period seeming to assuage their concerns.

Ultimately, this case offers the Supreme Court the opportunity to address the modern vitality of the plenary-power doctrine and finally decide whether, and if so how, the Constitution applies to arriving aliens. We will likely have to wait a few months longer to find out how the justices resolve that issue, which has significant implications in the immigration-law arena.

Posted in Jennings v. Rodriguez, Featured, Merits Cases

Recommended Citation: Kevin Johnson, Argument analysis: Justices seem primed to find constitutional limits on the detention of immigrants, SCOTUSblog (Oct. 4, 2017, 12:44 PM), http://www.scotusblog.com/2017/10/argument-analysis-justices-seem-primed-find-constitutional-limits-detention-immigrants/”

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We can only hope. As I’ve pointed out before, coercive detention and the building of the “American Gulag” are key parts of the Trump-Sessions-DHS “Gonzo” Immigration Enforcement Plan. I still don’t think the Supremes fully understand just how inhumane and coercive immigration detention is and how it’s used to “squeeze” the life out of a detainee’s due process rights. And, it starts with making it difficult or impossible to get a lawyer of your own choosing. You actually have to see what happens in a DHS Detention Center (many of them private, for profit enterprises, looking to minimize care, maximize profits, and keep the beds filled) to fully grasp what a mockery the detention process and the location of “Detained Courts” in Detention Centers or in far-distant Televideo Courtrooms makes of our system of justice, the U.S. Immigration Courts, and our promise of Constitutional rights.

PWS

10-04-17

NBC4 NY: FRAUD, WASTE, & ABUSE AT USDOJ — “ADR” EXPOSED! — TRUMP ADMINISTRATION KNOWINGLY RAN UP U.S. IMMIGRATION COURT BACKLOGS WITH UNNEEDED REASSIGNMENT OF IMMIGRATION JUDGES TO S. BORDER — DOJ Politicos Caused 276% Jump In NY Court Adjournments! — Then, DOJ Tried To Cast False Blame On Immigration Attorneys, Judges, & Obama Administration For Wasteful Adjournments That Sessions’s Politicos Had ORDERED — More Of My Interview With NBC Investigative Reporter Jodie Fleischer As Nationwide Expose Widens! — Stop The Abuse Of Due Process & Public Purse For Political Ends! — America Needs An Independent U.S. Immigration Court NOW!

Here’s the TV clip:

http://www.nbcnewyork.com/news/local/Immigration-Court-New-York-Judge-Investigation-448498463.html

Here’s the story:

As part of a joint six-month investigation, NBC-owned television stations across the country interviewed retired and current immigration judges, some of whom said the backlog is threatening to overwhelm the court

By Chris Glorioso, Dave Manney, Erica Jorgensen and Evan Stulberger

Documents from the Trump administration show the president’s plan to ship more immigration judges for temporary assignments in border states is encountering a fundamental problem: there isn’t enough work for all the new judges to do.
According to an assessment of “Surge Hearing Locations,” dated April 4, 2017, the Department of Justice found six of the 17 immigration courts receiving transferred judges could not give those judges enough work to support a full docket.
INVESTIGATIVE’Phantom’ Judges Cause Confusion in NYC Immigration Court
In the assessment and supporting documents, DOJ staffers wrote about an immigration court in Karnes, Texas, where there was “concern regarding the lack of filings to sustain details from other courts”

Immigration: Crisis in the Courts
An overview on how immigration judges are struggling with a punishing backlog that in many cities is pushing cases far into the future, slowing deportations and leaving families in limbo.

The same assessment says another court in Texas’s Prairieland Detention Center “is not receiving enough cases to truly fill a docket or even come close to it.”
At the court inside Texas’s Dilly Family Residential Center, DOJ staffers wrote “the one judge detailed there is not occupied.”

At New Mexico’s Cibola County Detention Center, DOJ staffers found the caseload “has not been sufficient to keep the two immigration judges assigned to this docket occupied.”

Staffers also noted two empty courtrooms at New Mexico’s Otero immigration facility — and concluded there were “insufficient caseloads for further deployments.”

Scheduling records show the Justice Department repeatedly assigned five transferred judges to the immigration court in Louisiana’s LaSalle Detention Facility, even though an assessment of the court found “at this time there is not enough work for five judges. There is enough work for a reasonable docket and three judges.”

The report went on to conclude that inefficient transferring of detainees often means “there is very little work for a detailed judge to complete.”

In most cases, the transferred judges spend two weeks to a month hearing cases in out-of-state court.

The Department of Justice declined to comment for this story, but in response to a previous inquiry by Politico, an agency spokesman said “After the initial deployment, an assessment was done to determine appropriate locations to increase the adjudication of immigration court cases without compromising due process.”

While transferred judges may have had light workloads when they arrived in some of the border state courts, there is evidence the dockets they left behind suffered in their home courts.

A joint analysis by the News 4 I-Team and Telemundo 47 Investiga found case adjournments in New York City’s immigration court went up 276 percent — from an average of 139 adjournments in the three months before the judge transfers began, to 522 in the three months after judge transfers began.

Despite that, the Trump administration has increased its target from 50 judge reassignments, to at least 137 nationwide. Nineteen New York City immigration judges — more than half of the city’s 32-judge staff – participated in the temporary transfer program.

Olga Byrne, an advocate for refugees at Human Rights First, a nonprofit that represents asylum-seekers in court, said immigration attorneys at her organization have noticed the spike in adjournments and questioned whether judicial assignments border state assignments are worth the trouble.

“We’ve been in touch with a couple of judges who have expressed a lot of frustration about being sent to a detention center where they could take a long lunch break,” said Byrne. “They had only a few cases to consider for a whole week and yet they had to defer hundreds of cases from their docket in their home court.”


But it is clear the Trump Administration knew its decision to deploy more judges to border states would likely have negative impacts on dockets those judges leave behind in their home states.
In response to questions from U.S. Senate staffers, a DOJ memo concedes that “it is likely that the case backlog will increase for the locations from which an Immigration Judge is assigned.”

In New York City alone, there are more than 82,000 immigrants waiting for a court hearing. The average wait time is north of two and a half years. Nationwide, the immigration case backlog stands at more than 617,000.
Rep. Adriano Espaillat (D – Upper Manhattan), who came to America as an undocumented immigrant, said he fears the Trump administration is over-staffing border state courts to rapidly deport current border-crossers, while ignoring the population of non-detained immigrants who’ve been living and working in America’s big cities, hoping for a shot at citizenship for years.
“By shifting judges to the border, they are in fact maybe predicting that there will be lots of cases before them in those jurisdictions,” Espaillat said. “I am concerned this is part of a greater effort to put together a deportation machine – and proceed to arrest and deport thousands of people who are undocumented.”

This isn’t the first time a presidential initiative has been criticized for mucking up immigration court schedules and exacerbating the nationwide case backlog.
During the Obama Administration, the Justice Department launched an effort to prioritize court hearings for unaccompanied minors who enter the country illegally.

Byrne says that too was a political decision which negatively impacted the court’s ability to handle thousands of older cases languishing in the backlog.
“It’s not a new thing that they are basically fulfilling political objectives with the way that the immigration court dockets are managed,” Byrne said. “I think we should be equally critical of both [the Trump and Obama administrations] for using the immigration court to fulfill political objectives rather than focusing on making that court system work well and efficiently.”

 

Source: I-Team: Immigration Judges Sent to Courts With ‘Very Little Work’ – NBC New York http://www.nbcnewyork.com/investigations/Immigration-Court-New-York-Judge-Investigation-448498463.html#ixzz4uXiMR2xJ
Follow us: @nbcnewyork on Twitter | NBCNewYork on Facebook“

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To put this in context, during this massive abuse of the US Immigration Courts at the direction of Sessions and his incompetent politicos at the DOJ, the Chief Immigration Judge issued the notorious “Continuance Policy.”  That document not not very subtilely implied that unjustified continuance requests by private attorneys (all of them overburdened by the effects of ADR, and many working on a pro bono or “low bono” basis) and laxity in granting continuances by overwhelmed and demoralized U.S. Immigration Judges were major contributing factors in increasing backlogs. Nothing could be further from the truth!

In fact, conscientious Immigration Judges and dedicated private attorneys are the only ones trying to make this broken system work and to maintain at least a semblance of due process. Their main obstacles: improper politically-motivated interference from the DOJ and poor administration and failure to stand up to the politicos by out of touch bureaucrats at EOIR Headquarters in Falls Church who are afraid to “blow the whistle”because they value their jobs over due process. 

What kind of incompetents would draw the bulk of unneeded judicial details from what are known to be the most seriously backlogged Immigration Courts in the US, such as New York and Arlington? What type of incompetents would “study” the impact and need for the details after the fact, rather than carefully planning in advance? Assuming they were necessary (which they weren’t) why weren’t judicial details drawn from among the Assistant Chief Immigration Judges in Falls Church Headquarters who are never assigned actual cases? They, actually have time on their hands. And why does a system in crisis with inept management have highly-paid bureaucratic administrators like the ACIJs who never do any real judging? What makes a person a “judge”if he or she never “judges” anything?

Yes, as I’ve stated before, the Obama Administration enforcement policies and political interference from the Obama DOJ helped drive the backlogs to new heights. But, after taking over an obviously broken system, rather than doing the right thing and fixing the Immigration Courts with bipartisan legislation to create an independent Immigration Court System, with adequate resources, professional court administration, and freedom from political interference in its due process functions, the Trump Administration intentionally made things much, much worse! More judges have resulted in more backlogs because of politicized, incompetent judicial administration and poorly designed enforcement policies at DHS. If that doesn’t tell you something is seriously wrong, what will?

PWS

10-04-17

 

 

 

 

BREAKING: I-TEAM 4 UNCOVERS HARD EVIDENCE THAT TRUMP ADMINISTRATION POLICIES ARE MAKING IMMIGRATION COURT BACKLOGS WORSE! — “ADR” Rips Off Taxpayers While Denying Due Process! — See More Of Award-Winning Investigative Reporter Jodie Fleischer’s Interview With Me!

Here’s the video and graphs:

http://www.nbcwashington.com/investigations/Federal-Records-Show-New-Immigration-Policies-Delay-Local-Cases-Increase-Court-Backlog-449104633.html

Here’s the story:

“By Jodie Fleischer and Rick Yarborough

Newly released records obtained by the News4 I-Team show the severe impact new immigration policies have in the Washington, D.C., metropolitan area; one former judge says it’s making the huge immigration court case backlog even worse.
Records from January through July of 2017 show immigration judges around the country were forced to postpone 24,806 cases, because those judges were not in their courtrooms to hear cases.
In the Virginia and Maryland court locations, which serve the D.C. area, more than 2,700 local cases have been pushed off, sometimes for years, because the judges were instead reassigned to hear cases at the border.
“What it isn’t serving, I think, is due process and the ends of justice,” said Judge Paul Wickham Schmidt, who retired from the immigration court in Arlington in 2016, “I think it’s a misuse of resources.”

 

Source: Federal Records Show New Immigration Policies Delay Local Cases, Increase Court Backlog – NBC4 Washington http://www.nbcwashington.com/investigations/Federal-Records-Show-New-Immigration-Policies-Delay-Local-Cases-Increase-Court-Backlog-449104633.html#ixzz4uUmx6bGk
Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

Schmidt said he’s glad he left the bench, because it allows him to speak freely about what he’s seeing in the court system today.
“It’s a disaster. I think it’s moving toward implosion,” he added, directing his barbs at current immigration policies and the shift in which types of cases are now a priority.
“They’re trying to detain everybody who arrives, so they’ve assigned more judges to the southern border,” said Schmidt. “And those judges leave behind full dockets.”
DC-Area Immigration Courts Scheduling Hearings for 2021
The News4 I-Team learned in the first seven months of this year, the Department of Justice reassigned judges from around the country more than 200 times, usually for two weeks or more. Additional reassignments are ongoing and more are scheduled later this year.
In Arlington, Virginia records show at least 15 reassignments, and while the judges were gone, they had to postpone 2,580 local cases. Only Los Angeles, New York and Miami had more.
“But since most judges are backed up for years, they don’t have any vacant (slots). It’s not like they move them to next week. They move them to slots 3 to 4 years down the road,” said Schmidt. “Why would you use people in an office like Arlington that’s overwhelmed?”

 

Source: Federal Records Show New Immigration Policies Delay Local Cases, Increase Court Backlog – NBC4 Washington http://www.nbcwashington.com/investigations/Federal-Records-Show-New-Immigration-Policies-Delay-Local-Cases-Increase-Court-Backlog-449104633.html#ixzz4uUnE6DPv
Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

The Arlington court is already scheduling cases for December 2021. That’s the second longest delay in the nation.
In May alone, five of the seven Arlington judges had weeks of reassignment to the border. Records show they delayed 946 cases as a result.
“When you can’t give people hearing dates that are reasonable dates, which they can count on, they know it’s actually going to take place, then as a judge I feel you lose credibility,” said Schmidt.
Immigration: Crisis in the Courts
Schmidt said to make matters worse, while judges are reassigned, they cannot work remotely on cases back at their home courts because the files are all on paper, not electronic.
He said at the border, many cases involve people who recently arrived in the United States and haven’t had time to get a lawyer, so a lot of those cases are not even ready to be heard and get delayed as well.
Published 2 hours ago | Updated 50 minutes ago

 

Source: Federal Records Show New Immigration Policies Delay Local Cases, Increase Court Backlog – NBC4 Washington http://www.nbcwashington.com/investigations/Federal-Records-Show-New-Immigration-Policies-Delay-Local-Cases-Increase-Court-Backlog-449104633.html#ixzz4uUncKBbO
Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

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What kind of “court system” puts “Gonzo Enforcement” first and Due Process last? A “captive” one run by incompetentent politicos!

I hope that when Sessions finally shows up for his long-awaited hearing before the Senate Judiciary Committee, Senator Leahy will grill him on his biased and incompetent administration of the U.S. Immigration  Courts as well as the false narratives and  misrepresentations Sessions spreads about Dreamers and migrants generally.

PWS

10-03-17

 

 

DUE PROCESS WINS IN 9TH CIR! – DHS & IJS REQUIRED TO CONSIDER “ABILITY TO PAY” IN SETTING BOND! – HERNANDEZ V. SESSIONS

9TH-HERNANDEZ-BOND-2017

Hernandez v. Sessions, 9th Cir., 10-02-17 (Published)

PANEL: Stephen Reinhardt, Ferdinand F. Fernandez, and Kim McLane Wardlaw, Circuit Judges.

OPINION BY: Judge Reinhardt

CONCURRING & DISSENTING OPINION: Judge Fernandez

KEY QUOTE:

“Plaintiffs are likely to succeed on their challenge under the Due Process Clause to the government’s policy of allowing ICE and IJs to set immigration bond amounts without considering the detainees’ financial circumstances or alternative conditions of release. The government has failed to offer any convincing reason why these factors should not be considered in bond hearings for non-citizens who are determined not to be a danger to the community and not to be so great a flight risk as to require detention without bond. The irreparable harm to Plaintiffs of detention pursuant to bond amounts determined through a likely unconstitutional process far outweighs the minimal administrative burdens to the government of complying with the injunction while this case proceeds.

The district court’s order granting the preliminary injunction is AFFIRMED.

 29 The government also challenges the requirement that it meet and confer with Plaintiffs to develop guidelines for future immigration hearings. According to the government, this requirement gives “Plaintiffs’ counsel veto authority over the terms and guidelines to be used in those bond proceedings, [which] violates Congress’s delegation of such authority to the Executive.” To the contrary, the district court retains authority to resolve any disputes between the parties regarding implementation of the injunction. The requirement that the parties meet and confer is merely an administrative mechanism to reduce unnecessary burdens on the district court’s resources. It is an entirely ordinary exercise of the district court’s authority to manage cases and to encourage cooperation before parties resort to asking the court to resolve a dispute. See, e.g., C.D. Cal. L.R. 7-3 (requiring parties to confer prior to filing most motions and to file the motion only if the parties are “unable to reach a resolution which eliminates the necessity for a hearing”).”

KEY QUOTE FROM JUDGE FERNANDEZ, CONCURRING & DISSENTING:

“I agree that the district court did not abuse its discretion when it decided to issue a preliminary injunction requiring the consideration of “financial ability” and “alternative conditions of supervision”1 in making determinations regarding the release of aliens who have been detained pursuant to 8 U.S.C. § 1226(a). However, I do not agree with the breadth of the injunctive order that was issued. Thus, I respectfully concur in part and dissent in part.”

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Read the full decision at the above link.

WHY IT’S IMPORTANT

With an estimated 10 to 11 million “undocumented migrants” currently in the U.S., hundreds of thousands of cases annually being added to the U.S. Immigration Courts’ already out of control docket of 630,000 cases, and the Trump Administration’s “gonzo” enforcement policy where line agents often arbitrarily decide which migrants to place in Immigration Court (presumably somewhat driven by the need to show “numbers” for budget and performance purposes), one thing is obvious: The system would collapse immediately if everyone apprehended by the DHS at the border and in the interior simply insisted on a full due process “Individual Merits” hearing. Thus, the migrants’s exercise of the Constitutional right to due process and a meaningful opportunity to be heard is the enemy of DHS’s out of control, “gonzo” enforcement.

So, what is DHS to do to suppress this dangerous exercise of constitutional rights? Here are DHS’s “strategies:”

  1. Avoid the hearing process entirely by using some form of “expedited removal” which avoids Immigration Court altogether;
  2. In absentia orders, often based on incomplete address information and inadequate warnings being given to migrants by DHS and/or on sloppy address recording and hearing notice procedures by DHS and EOIR resulting in individuals being clueless about their so-called “final orders” and therefore ill-equipped to exercise their statutory right to move for reopening;
  3. Coercive detention, used to demoralize, discourage, and duress migrants into “waiving” their due process rights and agreeing to depart without a merits hearing either by so-called “voluntary departure” or an uncontested final order.

Obviously, setting reasonable bonds that allow-income migrants can actually pay interferes with the full coerciveness of detention. Once released, migrants have a better chance of locating an attorney, filing a plausible application for relief, and ultimately being granted permission to stay. Therefore, resisting and “monkey wrenching” reasonable release on bonds is a key element of the current DHS “gonzo” enforcement strategy.

One of the ways that most fair U.S. Immigration Judges combat this is by using various “arbitration and mediation skills” to encourage DHS to accept reasonable bonds and waive appeal. But, as previously reported, counsel across the country report that DHS is refusing to negotiate bonds and appealing many of those set by the IJ. In other words, DHS is hoping that the coercive effect of detention will force folks to leave without a hearing before they run out of detention space in the New American Gulag.

Thus, U.S. Immigration Judges have become somewhat feckless in the bond process. DHS simply “blows off” the IJs’ entreaties to negotiate because DHS knows that they can unilaterally block release pending appeal anyway. And, as I previously pointed out, the BIA routinely holds bond appeals pending the completion of detained  merits hearings and then simply dismisses the bond appeal as “moot.” As one (now former) Assistant Chief Counsel in Arlington undiplomatically informed me during a bond hearing shortly after I took the bench in 2003: “You can enter any order you want Judge, but the Detention Officer is going to decide whether or not this respondent gets released.” That’s the point at which I became an “Article I convert.”

Consequently, an Article III (a/k/a “Real”) Court enforcing due process and also requiring the DHS to negotiate some reasonable criteria and procedures for release on bond is both essential to our Constitutional system of due process and justice and also is a direct threat to unbridled DHS “gonzo enforcement.” As you can see from “FN 29” above, DHS has absolutely no interest in settling this case on a reasonable basis, although urged to do so by both the US District Court and the Court of Appeals. They expect and want the Article III Courts to “just roll over” like the “captive” Immigration Courts do.

Consequently, we can expect the Administration to fight tooth and nail against all efforts to put meaning in the currently largely false promise of Due Process in Immigration Court! Expect a DHS appeal to the Supremes! Stay tuned!

PWS

10-03-17

 

 

 

GONZO’S WORLD: COMING TO THE SUPREMES THIS FALL: Jeff Sessions v. United States of America! – White Nationalist AG Takes On 21st Century America In Concerted Effort To Recreate “The Bad Old Days” Of Maximo Bias & Inequality!

http://www.motherjones.com/politics/2017/10/trumps-justice-department-is-taking-on-other-federal-agencies-in-court/

Pena Levy reports for Mother Jones:

“The first day of the Supreme Court’s new term on Monday will feature a rare legal showdown: The Justice Department will face off against another federal agency. It’s unusual for the Justice Department, representing the United States government, to disagree with an executive agency, much less send its top lawyer to try to defeat that agency before the Supreme Court—but it’s only the first of several such confrontations in the Trump administration.

There are currently three major cases in which the Justice Department under Attorney General Jeff Sessions has taken a position in opposition to another executive agency. The nation’s top court will referee one of these disagreements on Monday, and the other two are likely to reach the Supreme Court next year. The situation is partially explained by politics: The department is opposing agencies whose missions—protecting the interests of workers and consumers—are less likely to align with the goals of a conservative administration. But it’s also a signal of how aggressive the Justice Department plans to be in pursing its conservative agenda through the courts.

“It’s highly unusual to have two lawyers, both representing the federal government, taking opposite positions in a court,” says Deepak Gupta, an appellate lawyer who has filed briefs in two of the cases opposing the Justice Department’s positions. “The fact that it’s happening in multiple instances across a broad range of issues is really remarkable and is a sign of how aggressively the Trump administration is flipping positions on a broad range of issues.”

The case going before the court on Monday concerns workers’ right to collective action. The other two will decide whether the creation of the agency in charge of protecting consumers violates the Constitution and whether the 1964 Civil Rights Act protects employees from being fired because of their sexual orientation. The Justice Department’s willingness to take on other agencies is even more notable because in two of the cases, the department’s top lawyers had to change the department’s position in order to oppose the agencies. Such changes are generally not made without serious deliberation and restraint because the department is expected to have a consistent position on legal issues.

“You would expect the justices to perhaps want to look a little bit more closely at precisely what the government’s position is,” says Jonathan Adler, a professor of constitutional and administrative law at the Case Western Reserve University School of Law, “to make sure that any change is in fact well considered and not something that’s being done cavalierly or superficially.”

On Monday, the US solicitor general, a Republican lawyer named Noel Francisco who was confirmed by the Senate earlier this month, will argue against the National Labor Relations Board (NLRB), which his office was representing until a few months ago. Under President Barack Obama, the solicitor general prepared to represent the NLRB, the federal agency charged with protecting workers from unfair labor practices, before the Supreme Court. But in June, the solicitor general’s office switched sides. “After the change in administration, the Office reconsidered the issue and has reached the opposite conclusion,” the office announced in a brief. The NLRB would now need to represent itself, and the solicitor general would appear in court on the other side. Labor advocates say they have to go back to the Reagan administration to find an analogous situation, in which a new administration changed its position before the Supreme Court for what appeared to be largely political reasons. 

This is not normal, even in a change of administration,” says Celine McNicholas, a labor attorney at the Economic Policy Institute, a progressive think tank, and a former counsel at the NLRB. Politics always affect agencies’ agendas, she says, but for the solicitor general to change his office’s stance before the Supreme Court for what appear to be political reasons “is a significant shift.”

The stakes in the NLRB case are high. The question is whether employment contracts can prohibit employees from joining together to seek better working conditions or higher wages or to address grievances, instead forcing them into secret, individual arbitration proceedings. Since 2012, the NLRB has held that these increasingly common mandatory arbitration clauses are illegal because they violate employees’ right to join together, which is enshrined in the 1935 National Labor Relations Act. The Justice Department has taken the position that in order to get a job, workers can be forced to waive any right to petition collectively in the future. If the department and the employers it is siding with prevail, such employment contracts are likely to proliferate further, giving every employer the ability to escape any chance of a class-action lawsuit or other type of collective agitation.

In March, the Justice Department filed a motion before the DC Circuit Court of Appeals in which it agreed with PHH. A “removal restriction for the Director of the CFPB is an unwarranted limitation on the President’s executive power,” the department wrote in a court filing announcing its new position.The Justice Department has also switched positions in a case over the Consumer Financial Protection Bureau (CFPB), the agency created after the financial collapse in 2008 to protect consumers from predatory mortgages, credit cards, student loans, and other financial products. The agency, the brainchild of Sen. Elizabeth Warren (D-Mass.), has been a target of Republicans since its inception. Now the Trump administration has seized on a chance to weaken it. The case originated when the CFBP levied a $109 million fine against PHH Corporation, a mortgage services provider that it alleged was referring customers to specific insurers in what was tantamount to a kickback scheme. PHH sued, claiming that in creating the CFPB’s leadership structure, Congress made the agency more independent from the president than is allowed under the Constitution. The agency’s director serves a five-year term and can only be fired by the president for cause.

Gupta, a former top official at the CFPB, sees this case as the most troubling of the three because, rather than execute the laws passed by Congress as required by the Constitution, the administration has opted to argue against an act of Congress. This is not unheard of; in 2011, the Obama administration announced that it would no longer defend a federal law that banned the recognition of same-sex marriages. But in announcing that decision, then-Attorney General Eric Holder explained that it was made in consultation with Obama and after an extensive review of the issue.

In contrast, the Trump administration’s decision to flip its position on the constitutionality of the CFPB seemed to lack serious deliberation. Three weeks before the administration announced its new position in a court filing, the department took the opposite position in a case that raised the same constitutional objection to another agency—the Federal Housing Finance Agency (FHFA)—with the same leadership structure as the CFPB. In February, the department filed a brief, signed by acting assistant attorney general Chad Readler, in which it argued that the challenge to the FHFA’s structure was an “illogical thesis” and “wholly without merit.” Three weeks later, Readler made the opposite argument about the CFPB. Acknowledging the conflict, Readler advised the court retroactively in the FHFA case that the government “does not urge reliance” on the argument it had previously advocated.”

. . . .

But under Sessions, the Justice Department has decided not only to take on other executive agencies, but also to switch positions in a number of other cases, including multiple voting rights cases. How judges will react to this fickleness—particularly in the coming Supreme Court term—could affect the Trump administration’s ability to uphold its broader agenda in the courts. “Of all the offices in the federal government,” says Adler, “we tend to expect the solicitor general’s office to be the most candid about what the law requires versus what’s a policy judgment, and to really not overplay that or overstate that.”

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

Read the complete article at the link.

“This is not normal.” That pretty much sums up the Trump Administration and the entire career of “Gonzo Apocalypto” Sessions in a nutshell! The worst thing is that U.S. taxpayers are being ripped off for clowns like Sessions and his fellow travelers who are out to trash the rights and interests of the majority of Americans and to rip apart the rule of law and decency in Government at the same time.

It’s sorta like when guerrillas support themselves by extorting their political enemies or perceived enemies (something that the BIA in its wrong-headed rush to restrict asylum protection doesn’t recognize as “persecution,” even though it’s one of the oldest and most classic forms of political persecution). Make no mistake about it, Gonzo and his team of politicos are waging “guerrilla warfare” against career lawyers and the rule of law at the U.S. Department of Justice and in the Federal Courts. And, to date, they have largely gotten away with it.

These unquestionably are “law-free” bias-driven policy decisions by Gonzo. I’ve never seen any evidence whatsoever that Sessions actually reads or has even basic knowledge of American law. It’s just not necessary for a lifelong member of “The Wrecking Crew.” What is clear, however, is that he arrived at DOJ not with legal books, but with “cue cards” prepared for him by the Heritage Foundation, restrictionist immigration groups, and his White Nationalist buddies Miller and Bannon. His memoranda and briefs are studies in disingenuous doublespeak, complete nonsense, White Nationalist myths, and an overall intellectual shallowness that almost matches that of Trump.

It also shows why nobody should take seriously Gonzo’s disingenuous babbling about the Constitution or the “Rule of Law,” both of which he mocks nearly every day he remans in the high office for which he is so spectacularly unqualified. Liz was definitely right!

The good news, if any, is that by the time this disaster is over, the Solicitor General’s Office will have lost its last shred of credibility in the Article III Federal Courts. And, perhaps it will be a good thing for American justice when the “SG” loses his or her “privileged position” and is finally viewed as just another suspect and self-interested litigant in court. And, not a very smart or very well-qualified litigant at that.

Once lost, credibility can seldom be regained. Think about that one, Noel Francisco, before you and your subordinates become complete shills for the legally and morally bankrupt positions of Gonzo and Trump.

PWS

10-02-17

MAKING AMERICA GREAT: While Trump Tweets Insults, American Hero Jose Andres Feeds The Needy In Puerto Rico!

https://www.washingtonpost.com/news/food/wp/2017/09/29/jose-andres-a-naturalized-u-s-citizen-has-become-the-face-of-american-disaster-relief/

Tim Carman reports for the Washington Post:

October 1 at 1:11 PM
Families in the La Perla neighborhood of San Juan get water from a cistern truck. (Dennis M. Rivera Pichardo for The Washington Post)

Unlike the president, Homeland Security or the Federal Emergency Management Agency, José Andrés has no responsibility to respond to natural disasters, and yet the Washington celebrity chef has become a reliable presence in disaster zones, deploying his Chef Network to help feed thousands of displaced people.

Andrés was among the first responders in Haiti and Houston, and now he and his crew from World Central Kitchen are on the ground in Puerto Rico, improvising ways to feed countless residents who are stranded without electricity, drinking water and food in the wake of Hurricane Maria. With little ability to speak with the outside world, Andrés has used his Twitter feed to keep followers updated on his progress in the U.S. territory.

If President Trump has become a target of criticism for the administration’s response in Puerto Rico, Andrés has become a hero. The restaurateur’s social networks are overflowing with words of praise for the native Spaniard who became a naturalized U.S. citizen in 2013.

Heroism has not come easy in Puerto Rico.

“Today’s a hard day,” he said in a video posted Thursday to Twitter. “We’ve been getting deliveries, but we’ve been missing a few things. When we have bread, we don’t have cheese . . . But more or less, things keep falling into place.”

Andrés and company landed in Puerto Rico on Monday and wasted little time. He posted a photo of himself ladling out sancocho — a Puerto Rican beef stew — to locals. He also started soliciting donations and volunteers to help with the massive task of feeding a population that has survived two hurricanes: Irma early in September, followed by Maria later in the month. The Category 4 Maria was the strongest storm to directly hit Puerto Rico in more than 80 years, wiping out power to the entire island.

Since arriving, Andrés has teamed up with chef José Enrique, a native son whose eponymous restaurant in the Santurce district of San Juan has served as one of two bases for meal preparations. The other is Mesa 364, a private-events restaurant launched by chef Enrique L. Piñeiro. Volunteers from the island and the U.S. mainland, working under the hashtag #chefsforPuertoRico, have prepared stews, sandwiches, paella and pastelon (a Puerto Rican lasagna with fried sweet plantains for “noodles”) for those in hospitals, senior homes and San Juan neighborhoods. They’ve used food trucks to help distribute meals.

In a series of tweets published Sunday, in fact, Andrés offered a number of suggestions to the president.

This isn’t the first time Andrés has set himself against the president: In April, the two settled lawsuits against each other after Andrés backed out of his lease to open a restaurant in Trump International Hotel.

He also tweeted:

According to Andrés’s PR team back in Washington, the crews in Puerto Rico are now feeding 5,000 people a day, and since Monday, they have served more than 15,000 meals. (In late August, Andrés was in Houston with World Central Kitchen, where they served 20,000 meals for victims of Hurricane Harvey.)

You could make the argument that his relief efforts in Puerto Rico are more personal to Andrés. He has a restaurant on the island: Mi Casa is a modern Caribbean restaurant inside a Ritz-Carlton property in Dorado, just west of San Juan. The restaurant took a hit from Maria and remains closed.

“While they are undergoing efforts to restore operations at the property, guests are not able to make reservations,” emailed Margaret Chaffee, spokeswoman for ThinkFoodGroup, parent group for Andrés’s family of restaurants.

Despite poor cell coverage on the island and a packed schedule, Andrés called The Post to provide a brief update on his team’s efforts. Well, sort of. The first words out of the chef’s mouth were, “I’m sorry, but I cannot speak right now.”

Andrés then spent the next five minutes answering questions, as those around him urged the chef to move along to the next task at hand. Andrés said they’re feeding close to 8,000 people daily now, between the two San Juan restaurants and the food trucks.

When asked how he’s managing to get supplies on the island, Andrés just said, “When you have a credit card, everything is possible.”

Andrés would like to expand his relief operations to Vieques, the small island off the eastern coast of Puerto Rico. Vieques has been essentially cut off from all communications and supplies since Maria hit. But he’s not sure that will happen.

“We have to be realistic about what we can do,” Andrés said.

The celebrity chef said he was due back in Washington already but decided to extend his stay in Puerto Rico. He isn’t expected back in the District until next week.

“I cannot leave,” he said.

Then he begged off. His team was signaling him to get off the phone. “I really have to go,” he said.

This post originally published Sept. 29; it has been updated.”

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

Read the original with all of the tweets and pictures at the link.

Jose Andres, a naturalized U.s. citizen is a talented, decent, caring, giving human being and an inspirational leader. Native-born American Nativist Donald Trump, the Charlatan-In-Chief, not so much.

PWS

10-02-17

THE GRIFTERS: Yes, It’s Satisfying To See A True Scumbag Like Price “Outed!” But, Before You Get Too Excited, Remember That His Replacement “will serve at the altar of Trump, after all. The only requirement? Destroy what you can. Let everyone else suffer.”

https://www.theguardian.com/commentisfree/2017/sep/30/tom-price-resignation-victory?CMP=Share_iOSApp_Other

Ross Barkin writes in the Guardian:

“The sad truth is that Trump will probably replace him with a health and human services secretary who is just as bad at the job
For the Trump skeptics, the full-blown resisters, and everyone who prefers to see government remotely good, the downfall of Tom Price was a moment of true catharsis.

Donald Trump’s loathsome health and human services secretary was driven from office on Friday after a series of stunning Politico reports detailed how he racked up at least $400,000 in travel bills for charter flights. The extravagance was too much even for Trump, who in his past life as a failed developer wasted plenty of taxpayer money, and Price was told he had to go.

Before sobering reality sets in – nothing has really changed about Trumplandia – let’s remember all the ways Price represented the worst of the worst about Trump’s storming of Washington.

Tom Price resigns as health secretary over private flights and Trump criticism
A former rightwing congressman from Georgia and an orthopedic surgeon, Price spent most of his House tenure trying to destroy Obamacare and replace it with something far more draconian.
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As health and human services secretary, his dream fully realized, Price set about trying to undermine American healthcare as much as humanly possible without achieving a repeal of Obamacare. Price stopped trying to encourage people to sign up for insurance, ensuring costs would rise for everyone else. He obliterated Obamacare’s advertising budget.

Price backed a Trump budget that slashes funding for health and human services, the National Institutes of Health, and the Centers for Disease Control and Prevention. His vision of healthcare was rather simple: get any trace of the government out of there, any protections that might be offered for the poorest and sickest. Let the free market take care of the rest.

Now Trump will cast about for a worthy successor. Price, a multimillionaire, will feel shame for a few days and then go back to cashing out in the private sector, maybe as a healthcare lobbyist trying to wrangle goodies from his old colleagues. The waterline of the swamp will rise.

Health secretary Tom Price apologizes for taking private flights for work
The real question, once the celebration dies down from liberals and various journalists heartened by the power of the press to get their scalp, is how anything will change in Trump’s Washington.

Will a new HHS secretary bring some common sense to the role and realize stabilizing the healthcare markets is their chief job? Will he or she attempt to be anything resembling an administrator? Probably not.

Despite the conventional wisdom that Trump is a gun-slinging independent beholden to no party, he is fully indoctrinated in far-right, slash-and-burn thinking. He is a president for nihilist billionaires and Milton Friedman apostles. He will lurch to the left, but his grounding will stay true. We know that from his tax plan, which promises to give relief to the rich and no one else.

In another time now lost to history, both parties paid allegiance to the idea of governing. Democrats, in the post Franklin D Roosevelt-era, were the party of large, activist government, but Republicans understood that dismantling what they inherited made no sense.

Richard Nixon preserved the gains of Lyndon Johnson’s civil rights and Great Society legislation. Medicare and Medicaid remained.
Under a moderate Republican president – almost no moderates actually ran for president in 2016, and it’s increasingly unclear such a creature even exists – Barack Obama’s Affordable Care Act would be understood for what it is: not socialism, but a mixture of government intervention and market-driven policies dreamed up by the rightwing Heritage Foundation and later pioneered by a Republican governor, Mitt Romney.

It is nothing approximating single-payer healthcare. It’s a start – but it’s also plenty flawed.

Many marketplaces are succeeding, but others are failing, in part because the Trump White House is encouraging their failure. The next best thing to repealing Obamacare, for the Republican party, is to let it rot without serious reform.

Federal subsidies must be increased and a public option should be introduced to compete with private insurers. The long-term goal, championed by Bernie Sanders, should be Medicare-for-all, universal healthcare, though we’re not there yet.
Price’s successor probably won’t think about any of these things. He or she will serve at the altar of the Trump, after all. The only requirement? Destroy what you can. Let everyone else suffer.”

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

Why wouldn’t Price, who ripped off taxpayers to the tune of approximately $1 million, face some consequences beyond being permitted to resign?

Also, Donald Trump is not “destroying the soul of the GOP” (an oxymoron if I’ve ever heard one). The modern GOP stands for the same corrupt agenda as Trump. That’s why they never really stand up to him. And, Tom Price, a Swamp Creature if  there ever was one, was a perfect representative of everything that is wrong with today’s GOP.

And with a truly miserable specimen of a human being like “Ayatollah Roy” and a slate of Bannon-inspired scummy White Nationalist candidates in the wings, the GOP has by no means “bottomed out.” The worst is yet to come.

PWS

10-01-17

 

 

THE GRIFTERS: Party Of Liars — GOP Tax Plan Proposes To Loot America For the Rich, Limit Government Services For Everyone Else, & Leave Future Generations To Pay The Price — Not Surprisingly, They Lie About It And Assume That Non-Fat-Cat Supporters Are Too Dumb Or Biased to Figure It Out! — Fact Checker Gives GOP Politicos Coveted “Four Pinocchios!”

https://www.washingtonpost.com/news/fact-checker/wp/2017/09/29/trump-aides-sell-tax-plan-with-pinocchio-laden-claims/

Glenn Kessler writes for the “Fact Checker” in the Washington Post.

The wealthy are not getting a tax cut under our plan.”
— Gary Cohn, director of the White House Economic Council, in an interview on ABC’s “Good Morning America,” Sept. 28, 2017

“The numbers are about a trillion and a half to the baseline. But more importantly, it’s a trillion dollars to policy, which is the right way of looking at it. We think there will be $2 trillion of growth. So we think this tax plan will cut down the deficits by a trillion dollars.”
— Treasury Secretary Steve Mnuchin, in an interview on Fox News, Sept. 28

In selling President Trump’s tax plan, his aides have resorted to making strikingly misleading statements to defend it.

At the moment, there are few details about the tax plan, only broad strokes. That makes it easier for the administration to make big claims as analysts scramble to try to make sense of the plan’s possible impact. That will be much harder once an actual tax bill is written and the details can be analyzed in depth.

In the meantime, we have a pair of Four-Pinocchio claims that are worth highlighting.

 

‘The wealthy are not getting a tax cut under our plan’

The Trump tax plan drops the top bracket from 39.6 to 35 percent, and allows for the possibility of a 25 percent top rate through a pass-through entity. It presumably would also eliminate a 3.8 percent Obamacare tax on investment income that hits only upper-income taxpayers.

So, on its face, this is a ridiculous statement to make for any plan that includes reductions in tax rates. That’s because federal income taxes are paid mostly by the wealthy. So when you cut income tax rates, it results in lots of dollars for the wealthiest taxpayers.

According to Treasury Department data, the top 10 percent of income earners in 2016 paid 80 percent of individual income taxes. The top 20 percent paid 94.8 percent. The top 0.1 percent paid an astonishing 24.5 percent of taxes.

In 2014, the latest year Internal Revenue Service data is available, just the top 400 taxpayers — with $127 billion of income — paid $29.4 billion in income taxes, or more than 2 percent of all income taxes. That’s more than the bottom 70 percent of taxpayers combined.

 

In other words, the vast majority of American taxpayers pay little or nothing in income taxes; they instead mostly pay payroll taxes such as Social Security and Medicare. So it really strains credulity for administration officials such as Cohn to say the wealthy will not get a tax cut.

The wealthy pay most of the taxes, so unless the tax plan specifically leaves them untouched — which Trump’s plan does not — they will get big tax cuts. This is why distributional tables often look so lopsided when tax rates are reduced. The administration has suggested that another, higher rate level might be added, presumably so the distributional tables won’t look so ugly, but right now the plan calls for a significant reduction in the top rate.

Besides a reduction in the top tax rate, the tax plan would eliminate the alternative minimum tax (AMT). That in theory should be a boon for the wealthy as well, although it increasingly has snared families in the upper middle class, especially if they live in high-tax states or have many children.

 

The administration has called for eliminating the itemized deduction for state and local taxes, as well as the personal/dependent exemptions, which are key add-ons when calculating the AMT. (If those items were eliminated from the AMT, the number of tax filers facing the AMT would drop by 95 percent, according to the Joint Committee of Taxation.)

So it’s possible that for many people it would be a wash, or even a net loser, depending on whether a tax filer lives in a state with high taxes. According to JCT, the AMT is paid by 36 percent of returns with income of between $200,000 and $500,000, nearly 55 percent between $500,000 and $1 million, and nearly 18 percent above $1 million.

Still, in 2014, the top 400 taxpayers paid nearly $700 million because of the alternative minimum tax, nearly 2.5 percent of the total. The one recent tax return of President Trump that has leaked — for 2005 — shows his tax bill increased $31 million because of the AMT.

Finally, the tax plan calls for eliminating the estate tax, although it is unclear on whether any tax would be required when someone dies. Currently, the estate tax is estimated to affect only about 5,500 estates out of nearly 3 million estates because as much as $11 million can be shielded from taxation.

 

In theory, assets would be subject to capital gains tax instead, which could actually affect more people, but that has not been specified in the administration’s tax outline. If the administration also eliminates the gift tax and does not tax capital gains at death, some income earned by the wealthy may never be taxed.

“We strongly believe the final tax bill will not cut taxes for the wealthy as a class — but there is no way to solve for every single individual in the country,” a White House official said.

‘We think this tax plan will cut down the deficits by a trillion dollars’

Mnuchin made this statement in response to an observation that the nonpartisan Committee for a Responsible Federal Budget has estimated the tax plan would reduce revenue by $2.2 trillion over 10 years. (Including additional interest on the debt, CRFB estimated the deficit would increase by $2.7 trillion.) He argued that instead there would be an additional $2 trillion in revenue from economic growth, resulting in a $1 trillion reduction in the deficit.

Cohn, briefing reporters at the White House a few hours later, offered a different estimate: “We know that 1 percent change in GDP will add $3 trillion back. So if they’re right, we’re only going to pay down $800 billion of the deficit. I’ll live with a $800 billion paydown.”

It’s a little odd that Mnuchin is anticipating $2 trillion in revenue and Cohn is anticipating $3 trillion in revenue. But these are both very rosy estimates of the impact of a tax cut in economic growth. No serious economist believes that a tax cut boosts economic growth so much that the tax cut pays for itself.

The Congressional Budget Office, under Douglas Holtz-Eakin, a Republican, in 2005 estimated that a 10 percent reduction in federal income tax rates would have macroeconomic feedbacks of between 15 and 30 percent. In other words, a $1 trillion tax cut might yield $150 billion to $300 billion in additional revenue. That still means a reduction in revenue of as much as $700 billion.

“The big problem is that there is no fully specified plan,” Holtz-Eakin said. “Without one, you can’t gauge the growth or know the budget cost. I’m broadly sympathetic to the framework, but it is a start, not the finish.”

As Holtz-Eakin put it earlier this year in an opinion column for The Washington Post: “Proposing trillions of dollars in tax cuts and then casually asserting that such a plan would ‘pay for itself with growth’ … is detached from empirical reality.”

Indeed, contrary to popular perception, even Ronald Reagan predicted revenue would fall as a result of his big 1981 tax cut that reduced tax rates. That is shown in Reagan administration and Congressional Budget Office scores of the Reagan tax plan reproduced in a 2011 article for Tax Notes by Bruce Bartlett, who helped craft the 1981 tax cut as a congressional aide at the time. The estimates turned out to be wrong because the 1981-1982 recession was deeper than expected and inflation fell more rapidly than expected, so Reagan boosted taxes just one year after his tax cut.

William A. Niskanen, chairman of Reagan’s Council of Economic Advisors, co-wrote a paper in 1996 that defended Reagan’s economic record but also said it was “an enduring myth” that Reagan officials believed tax cuts would pay for themselves. “This was nonsense from day one, because the credible evidence overwhelmingly indicates that revenue feedbacks from tax cuts is 35 cents per dollar, at most,” Niskanen wrote, noting that “the Reagan administration never assumed that the tax cuts would pay for themselves.”

A Treasury Department study on the impact of tax bills since 1940, first released in 2006 and later updated, found that the 1981 tax cut reduced revenue by $208 billion in its first four years. George W. Bush’s 2001 tax cut — also a rate cut — led to a revenue loss of $91 billion, over four years, the Treasury paper calculated. (The figures are rendered in constant 2012 dollars.)

Both the Reagan and Bush tax cuts came during periods of economic stress, which is certainly not the case now. So there is less room now for a big swing upward in the economy, especially with the country’s aging workforce.

The Treasury Department did not respond to a query for an explanation of Mnuchin’s math. But frankly it is irresponsible for a treasury secretary to claim a certain amount of growth or revenue without even producing the details of a plan, as the details determine the impact on the economy.

The Pinocchio Test

Though the details of the tax plan are sparse, both Cohn and Mnuchin made statements that are simply false. Of course the wealthy will do well under the tax cut, even if certain deductions are eliminated, and it’s silly to pretend otherwise. And it’s a fantasy to claim that the tax cut will pay for itself — and even reduce the deficit — especially in an economy that already has low unemployment and a booming stock market.

Four 🤥

The wealthy are not getting a tax cut under our plan.”
— Gary Cohn, director of the White House Economic Council, in an interview on ABC’s “Good Morning America,” Sept. 28, 2017

“The numbers are about a trillion and a half to the baseline. But more importantly, it’s a trillion dollars to policy, which is the right way of looking at it. We think there will be $2 trillion of growth. So we think this tax plan will cut down the deficits by a trillion dollars.”
— Treasury Secretary Steve Mnuchin, in an interview on Fox News, Sept. 28

In selling President Trump’s tax plan, his aides have resorted to making strikingly misleading statements to defend it.

At the moment, there are few details about the tax plan, only broad strokes. That makes it easier for the administration to make big claims as analysts scramble to try to make sense of the plan’s possible impact. That will be much harder once an actual tax bill is written and the details can be analyzed in depth.

In the meantime, we have a pair of Four-Pinocchio claims that are worth highlighting.

 

‘The wealthy are not getting a tax cut under our plan’

The Trump tax plan drops the top bracket from 39.6 to 35 percent, and allows for the possibility of a 25 percent top rate through a pass-through entity. It presumably would also eliminate a 3.8 percent Obamacare tax on investment income that hits only upper-income taxpayers.

So, on its face, this is a ridiculous statement to make for any plan that includes reductions in tax rates. That’s because federal income taxes are paid mostly by the wealthy. So when you cut income tax rates, it results in lots of dollars for the wealthiest taxpayers.

According to Treasury Department data, the top 10 percent of income earners in 2016 paid 80 percent of individual income taxes. The top 20 percent paid 94.8 percent. The top 0.1 percent paid an astonishing 24.5 percent of taxes.

In 2014, the latest year Internal Revenue Service data is available, just the top 400 taxpayers — with $127 billion of income — paid $29.4 billion in income taxes, or more than 2 percent of all income taxes. That’s more than the bottom 70 percent of taxpayers combined.

 

In other words, the vast majority of American taxpayers pay little or nothing in income taxes; they instead mostly pay payroll taxes such as Social Security and Medicare. So it really strains credulity for administration officials such as Cohn to say the wealthy will not get a tax cut.

The wealthy pay most of the taxes, so unless the tax plan specifically leaves them untouched — which Trump’s plan does not — they will get big tax cuts. This is why distributional tables often look so lopsided when tax rates are reduced. The administration has suggested that another, higher rate level might be added, presumably so the distributional tables won’t look so ugly, but right now the plan calls for a significant reduction in the top rate.

Besides a reduction in the top tax rate, the tax plan would eliminate the alternative minimum tax (AMT). That in theory should be a boon for the wealthy as well, although it increasingly has snared families in the upper middle class, especially if they live in high-tax states or have many children.

 

The administration has called for eliminating the itemized deduction for state and local taxes, as well as the personal/dependent exemptions, which are key add-ons when calculating the AMT. (If those items were eliminated from the AMT, the number of tax filers facing the AMT would drop by 95 percent, according to the Joint Committee of Taxation.)

So it’s possible that for many people it would be a wash, or even a net loser, depending on whether a tax filer lives in a state with high taxes. According to JCT, the AMT is paid by 36 percent of returns with income of between $200,000 and $500,000, nearly 55 percent between $500,000 and $1 million, and nearly 18 percent above $1 million.

Still, in 2014, the top 400 taxpayers paid nearly $700 million because of the alternative minimum tax, nearly 2.5 percent of the total. The one recent tax return of President Trump that has leaked — for 2005 — shows his tax bill increased $31 million because of the AMT.

Finally, the tax plan calls for eliminating the estate tax, although it is unclear on whether any tax would be required when someone dies. Currently, the estate tax is estimated to affect only about 5,500 estates out of nearly 3 million estates because as much as $11 million can be shielded from taxation.

 

In theory, assets would be subject to capital gains tax instead, which could actually affect more people, but that has not been specified in the administration’s tax outline. If the administration also eliminates the gift tax and does not tax capital gains at death, some income earned by the wealthy may never be taxed.

“We strongly believe the final tax bill will not cut taxes for the wealthy as a class — but there is no way to solve for every single individual in the country,” a White House official said.

‘We think this tax plan will cut down the deficits by a trillion dollars’

Mnuchin made this statement in response to an observation that the nonpartisan Committee for a Responsible Federal Budget has estimated the tax plan would reduce revenue by $2.2 trillion over 10 years. (Including additional interest on the debt, CRFB estimated the deficit would increase by $2.7 trillion.) He argued that instead there would be an additional $2 trillion in revenue from economic growth, resulting in a $1 trillion reduction in the deficit.

Cohn, briefing reporters at the White House a few hours later, offered a different estimate: “We know that 1 percent change in GDP will add $3 trillion back. So if they’re right, we’re only going to pay down $800 billion of the deficit. I’ll live with a $800 billion paydown.”

It’s a little odd that Mnuchin is anticipating $2 trillion in revenue and Cohn is anticipating $3 trillion in revenue. But these are both very rosy estimates of the impact of a tax cut in economic growth. No serious economist believes that a tax cut boosts economic growth so much that the tax cut pays for itself.

The Congressional Budget Office, under Douglas Holtz-Eakin, a Republican, in 2005 estimated that a 10 percent reduction in federal income tax rates would have macroeconomic feedbacks of between 15 and 30 percent. In other words, a $1 trillion tax cut might yield $150 billion to $300 billion in additional revenue. That still means a reduction in revenue of as much as $700 billion.

“The big problem is that there is no fully specified plan,” Holtz-Eakin said. “Without one, you can’t gauge the growth or know the budget cost. I’m broadly sympathetic to the framework, but it is a start, not the finish.”

As Holtz-Eakin put it earlier this year in an opinion column for The Washington Post: “Proposing trillions of dollars in tax cuts and then casually asserting that such a plan would ‘pay for itself with growth’ … is detached from empirical reality.”

Indeed, contrary to popular perception, even Ronald Reagan predicted revenue would fall as a result of his big 1981 tax cut that reduced tax rates. That is shown in Reagan administration and Congressional Budget Office scores of the Reagan tax plan reproduced in a 2011 article for Tax Notes by Bruce Bartlett, who helped craft the 1981 tax cut as a congressional aide at the time. The estimates turned out to be wrong because the 1981-1982 recession was deeper than expected and inflation fell more rapidly than expected, so Reagan boosted taxes just one year after his tax cut.

William A. Niskanen, chairman of Reagan’s Council of Economic Advisors, co-wrote a paper in 1996 that defended Reagan’s economic record but also said it was “an enduring myth” that Reagan officials believed tax cuts would pay for themselves. “This was nonsense from day one, because the credible evidence overwhelmingly indicates that revenue feedbacks from tax cuts is 35 cents per dollar, at most,” Niskanen wrote, noting that “the Reagan administration never assumed that the tax cuts would pay for themselves.”

A Treasury Department study on the impact of tax bills since 1940, first released in 2006 and later updated, found that the 1981 tax cut reduced revenue by $208 billion in its first four years. George W. Bush’s 2001 tax cut — also a rate cut — led to a revenue loss of $91 billion, over four years, the Treasury paper calculated. (The figures are rendered in constant 2012 dollars.)

Both the Reagan and Bush tax cuts came during periods of economic stress, which is certainly not the case now. So there is less room now for a big swing upward in the economy, especially with the country’s aging workforce.

The Treasury Department did not respond to a query for an explanation of Mnuchin’s math. But frankly it is irresponsible for a treasury secretary to claim a certain amount of growth or revenue without even producing the details of a plan, as the details determine the impact on the economy.

The Pinocchio Test

Though the details of the tax plan are sparse, both Cohn and Mnuchin made statements that are simply false. Of course the wealthy will do well under the tax cut, even if certain deductions are eliminated, and it’s silly to pretend otherwise. And it’s a fantasy to claim that the tax cut will pay for itself — and even reduce the deficit — especially in an economy that already has low unemployment and a booming stock market.

Four 🤥 🤥 🤥 🤥

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Four Pinocchios is getting into “Jeff Sessions’s territory!”

But, I can see that they were richly deserved. I watched Steve “Munchkin” Mnuchkin on “Meet the Press” with Churck Todd this AM.  It was appalling!

Munchkin lied about Puerto Rico, lied about the tax plan, and then lied and tried to cover up his own responsibility for trying to get a “freebie” at taxpayer expense for his honeymoon. The idea that there was any “national security” reason for the Munchkin keeping in touch with the White House is preposterous.

Indeed the very idea that Munchkin would have any role in national security other than making sure the checks don’t bounce is prima facie ridiculous. And, if he did, that’s what secure facilities in the CIA part of the nearest U.S. Embassy are for. Or for that matter, that’s what subordinates in the Trasure Department are for. Gotta believe that every once and awhile spooks have to make secure communications with Washington.

When confronted by Todd with his obvious lies and cover-ups, Munchkin just kept on spewing whoppers. Finally, Todd gave up, thanked him, and let the record speak for itself.

PWS

10-01-17

 

 

MAKING AMERICA GREAT: MEET THE FACE OF REAL AMERICAN SOCIAL JUSTICE AND PROGRESS — Madison Cap Times Profiles Justice Castañeda, Executive Director Of Madison’s Common Wealth

http://host.madison.com/ct/news/local/q-a-justice-casta-eda-brings-a-unique-life-story/article_c4be73c7-2b00-5afb-9655-fc30cb096a44.html

Jason Joyce reports for The Cap Times:

“As the executive director of Madison’s Common Wealth, Justice Castañeda, 37, oversees an organization that is involved in affordable housing development and management, youth and adult job training, business incubation and community engagement.

It’s a unique operation and Castañeda brings to the job a unique life story and approach to his work. In a discussion with the Cap Times, Castañeda discussed his background, the organization’s efforts in the Meadowood Neighborhood, where it will soon open a second office, and how the city can better support its community development organizations.

Were you born in Madison?

I was born at 23 N. Ingersoll St., at home.

And you grew up in Madison? Went to Madison schools?

I went to a lot of them. I moved a lot, like 19 times before I was 18 years old.

My academic career started at Red Caboose daycare center, graduated fifth grade at Mendota Elementary, graduated eighth grade from O’Keeffe Middle School and by the grace of God I graduated from East High School. As an educator, I realize I was probably somebody’s project. A teacher got together with a guidance counselor and said look, here’s this guy. Let’s try to figure out a way to get him across the stage.

It turns out Madison is a really hard place to grow up as a person of color, boy of color in particular, but my father had a very strong network of people who wrapped their wings around me. As much as I had to deal with, I had this very strong orbit.

And after high school, you went into the military?

I worked construction for a couple years. I was charged with a felony because when I was 18, I got into a fight at East High School and because two of the kids were 17, I was charged with physical abuse to a minor. It got dismissed. I think about it every day. If kids get into fights should they get felony charges? By the skin of my teeth I beat that charge, but I think about how my life would have been dramatically different with a felony because I wouldn’t have been able to get into the Marine Corps.

What did you get out of your service?

In the Marine Corps, all those basic needs are taken care of and you have time to reflect. I thought a lot about Madison and why I was so angry. It gave me space to approach education from a healthy space where I wasn’t worrying about things. I was able to take random classes. I had a lot of things to learn. I started liking school.

A couple lessons learned: Don’t go back to Madison. That’s 101. I still think that, for folks of color, if you can get out of here, stay out. Especially if you’re educated. You don’t realize it until you leave, but in Southern California where everyone looks like me, it was critical. So I stayed in San Diego. I started at UC-San Diego when I was still in the military. Going back to school when you’re 25, education like youth is wasted on the young. It’s a whole different experience. I got straight As, I got my degree and started working as a teacher’s apprentice in San Diego. I was teaching kids who reject the hypocrisy of mainstream educational processes and institutions. Call them what you will.

They told me you should think about grad school. I ended up going to Stanford for policy organization and leadership studies in the school of education. When I finished that Master’s degree, I didn’t feel like I was done. I then went on to MIT, on the GI Bill, and did another Master’s in city planning, looking at housing, community and economic development.

And you got pulled back to Madison.

I was looking for a case study and I just happened to know about Madison and how there’s been an inordinate amount of money put into things and, from every indicator, it’s only gotten worse, particularly for people of color here. How is that possible? I wrote a proposal to the mayor to come here and study this and I would do some work for him, but I was funded through MIT. This was 2012.

We looked at land use, including economic development, and family and children’s health. It was three years we worked on this. We came here, we stayed here, we rode the buses. I had a group and it was helpful they were not from Madison. I think there’s a lot that we take for gospel where someone from the outside would say, explain that to me. Explain why you think the center of the city is a place that’s not accessible to the majority. What’s the history of that? Who was able to own land there? How did they get access to it? We looked at not just organizations, but their boards. You find that it’s a very small group of people who have been making decisions for a long time.

People say Madison is 77 square miles surrounded by reality, but it’s really 77 square miles that epitomize reality. I was able to take this Madison work and put together a huge framework for community and economic development. I started doing consulting for foundations and think tanks around these national community development initiatives. Ninety percent of what I used came out of Madison.

And when did you start at Common Wealth?

It will be eight months on Oct. 1.

Common Wealth has purchased and rehabbed housing in the Meadowood neighborhood. What are your goals there?

I was working for the city when they started doing job training out there. They ended up buying buildings around Meadowood Park. Organizationally, people weren’t sure we should be working out there. The neighborhoods aren’t well designed out there. The low-income housing was not designed aesthetically for human beings.

 

What do you mean by that?

Human beings respond to light. They are not well lit. And the air doesn’t move. People always want to know how you get kids to stop hanging out at the gas station and I say put benches in so they’re not standing in the thoroughfare. People disagree with that, so I say get some of your friends and on a 90-degree day, go spend a weekend in low-income housing. There’s no protective, defensible spaces like porches. Places for people to practice the art of parenthood.

Yahara View Apartments (Common Wealth’s building on East Main Street) is the only low-income housing project on the isthmus and nobody even knows it exists. Why is it different? It was made for human beings. The porches on the Meadowood buildings aren’t porches. They’re jump-off egress points that are for the fire code. That’s almost insulting.

What you’re looking at with housing rehab is, does the building have integrity to begin with? Are you creating housing for humans? Imagine what it’s like for people to fall in love there. To thrive there. Is that the housing we’re building? Build housing as if human beings matter, for children to grow up and fall in love.

And are you increasing the housing stock? We have a housing shortage, so if you’re doing all this rehab, why not build more housing? And is this being supported by comprehensive community development efforts? I compare housing to the wheels on a car. The engine is the most complex part of the car, but without wheels you’re not going nowhere.

So Common Wealth has housing, we do business incubation, we do adult and youth workforce development, we have a comprehensive violence prevention effort. We have a huge investment on the east side, so our staff has grown from the east side. Now we have this component of 39 units on the west side. It can’t be housing alone. We have to bring everyone.

We made a lot of promises to people when we bought buildings on the west side. But we’re going to leverage everything Common Wealth does to support that work. And by the way, we’re going to get an office out there. I have old ties to Allied Drive, old family and friends. A lot of the people I grew up with on the east side can’t live on the east side anymore, so they live out there. So we’re going to be good neighborhood partners. Common Wealth opened in ‘79 and it’s taken 38 years to help stabilize Willy Street. This takes a long time.

I see Common Wealth as a Madison asset. It’s an idea. It was a bunch of rogueish, badass hippies who saw a problem and said we’re going to fix it and it’s going to be weird, but we’re going to do it and try these things out. It’s a Madison thing. Going around the country, I’m really interested in youth development and education and then I’m also into housing, land use and land trusts. And also I think we need to talk about economic development and industrial relations and people look at me like, “Yo, you’re crazy. There’s no such place.” And I’m like, you don’t know from whence I came.

In Madison, a common concern is you’ve got all of these groups doing good work, operating in silos and they are too busy to talk to each other. People on the east side don’t talk to people on the west side. Is there a solution for that?

One of the advantages of growing up all over this town is I know people all over town. With this problem, you’ve got the four Cs: Competition in that I’m competing against you to get something. Then cooperation, we can sit at the same table. Coordination: I’m going to use the sink right now, and when I’m done you can use it. Collaboration: You’re going to make the pie crust, I’m going to pick the cherries, someone else is going to make the filling and we’re going to eat the pie together. It’s really important we understand the iterations there. Generally, people want to go from competition to collaboration. But there are steps in there.

A lot of that is driven through funding cycles. Are the funding cycles at the various organizations like Evjue (the charitable arm of the Cap Times) and the Madison Community Foundation and United Way aligned? Because we’re always asking organizations that don’t have any money, run by folks who are just passionate, who don’t have formal education. We want them to do advanced coordination and collaboration. Is that being asked of the funding entities? The city, county, state, university? And the private sector? Are we asking those areas to align? How about someone design a structure to look at all these things collectively.”

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It’s fantastic that Justice was willing to return to Madison and help make things better for everyone, notwithstanding his reservations about the community from his youth. Some people are part of the problem; others, like Justice, are part of the solution.

Speaking of “the problem,” clueless, racist, old White guys like Sessions, Trump, and their GOP cronies are never going to improve conditions in minority communities, nor are they going to solve crime, gang, and drug problems with their wasteful and counterproductive “gonzo enforcement” that has proved spectacularly unsuccessful and counterproductive time after time. The only things they are doing is wasting money, making problems worse, driving ethnic communities into isolation, and throwing some expensive and socially damaging “red meat” to the racist White Nationalist “base.”

As I’ve pointed out before, making life better for all Americans, promoting social justice, increasing trust, and achieving community cooperation in law enforcement are painstakingly slow processes that take some real thought and reflection and an honest understanding of how America treats many in the minority community. There are no “silver bullets.” As I’ve said before, MS-13 started in the US and was exported by Reagan-era politicos who did not care about understanding either the causes of gangs or the effects of deporting gang members to a civil war torn El Salvador without a plan for helping to deal with what would happen on the “receiving” end. “Out of sight, out of mind” — but, not really. “What goes around comes around.”

PWS

10-01-17

 

TIRED OF READING ABOUT THE ANTICS OF BOZOS 🤡 IN THE TRUMP ADMINISTRATION? —Here’s The Story Of Cristian Minor, A “Good Guy” Making America Great!

http://www.huffingtonpost.com/entry/casa-san-jose-lawyer-undocumented-immigrants_us_596fc5dfe4b0110cb3cb6e94

Sarah Ruiz-Grossman reports for HuffPost:

“With immigrants living in a climate of fear under President Donald Trump, lawyers like Cristian Minor are stepping up to help undocumented I families.
Minor volunteers at a Pittsburgh legal clinic run by local nonprofit Casa San Jose, where he provides free counsel to Latino immigrants. One of the most difficult matters he deals with is helping parents designate a guardian to care for their U.S.-born children in case the parents are detained or deported.
“The fears of the community are that at any moment ― when they go to work ― they could be detained by ICE,” Minor said, referring to the Immigration and Customs Enforcement agency. “Can you imagine that you live every day of your life and you don’t know if you’re going to come back and see your kids? I became a father recently ― and I cannot imagine my life being away from my child.”
Trump’s anti-immigrant rhetoric and policies ― including cracking down on undocumented immigrants and rescinding the Deferred Action for Childhood Arrivals program ― have generated great worry in immigrant communities. He has repeatedly referred to undocumented immigrants as criminals, while ICE is making headlines with its blunt enforcement efforts.
 In early February in Austin, Texas, ICE stopped undocumented immigrants in traffic, attempted to arrest them in their homes and patrolled around a grocery store. Later that month, school kids in the area told HuffPost that their parents were afraid to go food shopping or drop them off at school.
Casa San Jose started the legal clinic in November after Trump’s election.
Minor is an immigrant himself. Arriving in the U.S. from Mexico eight years ago, he considers himself “lucky” to have come here “with documents.” He initially attended law school in Mexico, ultimately earned his law degree in the U.S. and today is a lawyer focused on oil and gas consulting, immigration and family law. He’s now a U.S. citizen and is married to a woman from Pennsylvania.
Minor told HuffPost he wants to “destroy the image of the immigrant” as a criminal. Research has shown that immigrants — both documented and undocumented — are less likely to commit crimes than U.S. citizens.
“I can attest to the good faith of the immigrants who come here,” he said. “They don’t come to steal jobs. They just come for a better life.” 

Navigating the complexities of the U.S. immigration system can be a challenge, particularly if English is not your first language. Attorneys and law students from the University of Pittsburgh’s Immigration Law Clinic participate in Casa San Jose’s near-monthly event, helping usually more than a dozen people, the nonprofit’s executive director Julian Asenjo told HuffPost. The four-hour sessions are generally booked solid, he said.
With undocumented parents, Minor raises this question: If they are deported and choose not to take their U.S.-born children back to their home country ― which the children may never have visited and whose language they may not speak ― who will take care of the kids? He helps the parents to prepare a document that names their choice for their kids’ guardian.
But the documents are no guarantee. In Pennsylvania, Minor said, any final decision on guardianship is up to a judge, who must consider the best interest of the child. Even if the mother wants her sister to take care of her kid, for example, the judge could decide that the child is better off in foster care.
Minor’s clients are not alone: While custody rules vary by state, undocumented parents across the country have been developing plans for guardianship since Trump became president. Minor doesn’t know of any instance yet in which a parent getting deported had to leave kids behind without another parent or legal guardian. But he and others are seeking to avoid that worst-case scenario.
“The system of immigration is destroying these families,” Minor said. “They are people who came to this country fleeing situations of poverty, violence in their home countries.”
Although President Barack Obama carried out a record number of deportations and was even dubbed the “deporter-in-chief,” Trump’s policies have generated more fear because of their sweeping nature, Minor said.
Under Obama, there were clear priorities: People with criminal records or gang affiliation were at higher risk for deportation, while those with no criminal records or with U.S.-born children were lower on the list. Under Trump, however, most undocumented immigrants are at risk.
They come here, they work really hard to provide for their family, they pay taxes, they do everything right, they have not committed crimes,” Minor said. “Suddenly you have the risk that the father can be deported, or the mother, and the kids are probably going to end up in the foster care system. It’s a very difficult thing.”
A video of a 13-year-old girl crying over her father, who was detained as he was driving her to school, garnered widespread attention earlier this year.

Besides guardianship, Minor has counseled undocumented individuals on a range of issues, from a domestic worker who was being abused by her employers to a woman whose partner was beating her. In both cases, the victim was afraid to turn to authorities for fear of being deported.
In an April survey, immigration attorneys and advocates reported that immigrants are increasingly reluctant to complain to authorities about domestic violence and sexual assault.

“This is what’s happening right now, what the Trump administration’s rhetoric is creating: marginalization of immigrants, specifically Latinos, driving people underground for fear of deportation,” Minor said. “These policies create fear and empower individuals who use this rhetoric to oppress the immigrant populations here.”
For people who want to support undocumented families, Minor suggests donating to or volunteering at a community center, like Casa San Jose. If you have language or legal skills, one of these groups might welcome your time.”

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Sarah’s article does a great job of illustrating the bogus narrative, wanton cruelty, and just plain “dumb” gonzo enforcement being promoted by Trump, Sessions, Miller and the White Nationalists, and being mindlessly carried out by DHS/ICE.

One of the worst aspects is that rather than making America safer, “gonzo enforcement,” empowers gangs, drug traffickers, domestic abusers, extorters, rapists, and sex abusers who have been essentially “turned loose” on ethnic communities by the Trump Administration with little chance being apprehended by law enforcement. That’s exactly what so-called sanctuary cities are organizing to resist.

Since DHS is prone to go for “low hanging fruit,” collaterals, minor criminals, and immigration violators, to build up bogus stats, that in turn justify their existence, the chances of the real ”bad guys” being taken off the streets by these tactics are likely reduced.

In the meantime, thank goodness for the real “good guys” like Cristian Minor who are working hard to limit and wherever possible repair the human, economic, social, and moral carnage being inflicted on America by the Trump Administration.

PWS

09-30-17

 

 

 

 

 

“Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“

https://www.fool.com/investing/2017/09/29/warren-buffett-on-immigration-reform.aspx

Matthew Frankel reports for The Motley Fool:

“Immigration reform has been a hot-button issue long before President Trump pledged to build a wall along our border. And while there’s certainly an argument to be made that we need to do a better job of controlling illegal immigration, there’s also a strong case to be made that immigrants are a big driving force behind America’s growth — past, present, and future.

Warren Buffett has been very outspoken in recent years about America and its amazing economic story. Not only does Buffett feel that immigrants have led us to where we are today, but he also thinks that immigrants are an essential component of our country’s future success.

Here’s what Warren Buffett thinks of immigrants
In a nutshell, Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem. “This country has been blessed by immigrants,” Buffett said in February at Columbia University. “You can take them from any country you want, and they’ve come here and they found something that unleashed the potential that the place that they left did not, and we’re the product of it.”

Referring to Albert Einstein and Leo Szilard, both of whom were immigrants themselves, Buffett said, “If it hadn’t been for those two immigrants, who knows whether we’d be sitting in this room.”

In his most recent letter to Berkshire Hathaway’s (NYSE:BRK-A) (NYSE:BRK-B) shareholders, Buffett specifically mentioned immigrants as one of the major components of America’s success story. “From a standing start 240 years ago — a span of time less than triple my days on earth — Americans have combined human ingenuity, a market system, a tide of talented and ambitious immigrants, and the rule of law to deliver abundance beyond any dreams of our forefathers.”

On a pathway to citizenship
Buffett is an outspoken Democrat who actively campaigned for Hillary Clinton during the 2016 presidential race. So it shouldn’t come as too much of a surprise that Buffett doesn’t want to deport millions of illegal immigrants who are currently in the United States.

In a 2015 interview with Fox Business, Buffett said

People should be able to earn citizenship who are here. You know, I do not think we should deport millions of people. So, I think we should have a real path to citizenship.

Buffett was then asked specifically about the DREAM Act and its 800,000 minors who are in the country illegally and now face an uncertain future after the end of DACA, from the perspective of a successful American businessman. Buffett replied:

It is a question of being a human being not really a businessman. Immigrants came, our forefathers came as immigrants, they got here anyway they could. And who knows what I would have done if I were in some terrible situation in a country and wanted to come here…a great percentage of them are good citizens. I would have a path to citizenship for them, I would not send them back.

 

On immigration policy and reform
As we all know, the immigration debate has been going on for a long time. And Buffett’s stance hasn’t changed much over the past several years. In a 2013 interview with ABC’s This Week, Buffett said:

I think we should have a more logical immigration policy. It would mean we would attract a lot of people, but we would attract the people we want to attract in particular — in terms of education, tens or hundreds of thousands of people. We enhance their talents and have them stick around here.

Buffett went on to say that any reform package should “certainly offer [undocumented immigrants] the chance to become citizens,” and one main reason for doing so would be to deepen the talent pool of the labor force.

Buffett’s stance on immigration in a nutshell
Warren Buffett believes that allowing immigrants who are already in the country to stay and pursue citizenship is not only the right thing to do, but is essential to America’s continued economic prosperity. Buffett certainly sees the need for immigration reform, as most Americans of all political affiliations do, but wants to encourage and simplify the legal pathways to immigration.”

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Buffet speaks simple truth: Immigrants, both documented and undocumented are not threats, but rather are a necessary ingredient for America’s greatness. We need to bring law-abiding undocumented individuals into our society in some type of legal, work authorized status. We also need substantial across the board increases in legal immigration, so that in the future the immigrants we need can come through the legal system (or wait in a realistic line) rather than coming through an underground system and working and living in the shadows.

The lies, misrepresentations, and false narratives being peddled by Trump, Sessions, Bannon, Miller, Kobach, Cotton, Perdue, King, Goodlatte, Labrador, the so called “Freedom” Caucus, and the rest of their White Nationalist restrictionist cronies are a path to national disaster. Removing existing non-criminal migrants who happen to be working here in undocumented status is a colossal waste of limited Government resources that actually hurts our country in numerous ways.

Time to stand up against the restrictionist, White Nationalist, xenophobic, anti-American blather. Demand that your Congressional representatives back sane, humane immigration reform that takes care of those already here and recognizes their great contributions while appropriately and significantly expanding future legal immigration opportunities so that we don’t keep repreating our mistakes over and over.

Let’s be honest about it. If the time, money, and resources that the U.S. Government is currently spending on the counterproductive aspects of immigration enforcement and inhumane immigration detention were shifted into constructive areas, there would be no “disaster relief crisis” in Puerto Rico and the Virgin Islands right now, and we’d have more money to spend on heath care, job training and retraining, infrastructure, addressing the opioid crisis, and many more legitimate national priorities!

PWS

09-30-17

ACLU WILL CHALLENGE TRAVEL BAN 3.0 IN MD FEDERAL COURT!

http://www.huffingtonpost.com/entry/aclu-travel-ban_us_59ceab03e4b06791bb10933f

Mollie Reilly reports for HuffPost:

“The American Civil Liberties Union announced Friday it is suing President Donald Trump’s administration over its new travel ban.
The group is bringing its challenge in the U.S. District Court in Maryland. Multiple organizations, including the National Immigration Law Center, are joining the complaint.
“President Trump’s newest travel ban is still a Muslim ban at its core, and it certainly engages in discrimination based on national origin, which is unlawful,” ACLU executive director Anthony D. Romero said in a statement. “Adding a few North Koreans and a tiny group of Venezuelan officials doesn’t paper over the original sin of the Muslim ban. We’ll see President Trump in court — again.”
The latest iteration of the ban, announced earlier this week, is set to place new restrictions on travel to the U.S. from eight countries starting on Oct. 18. The updated ban removed earlier restrictions on Sudan, while adding North Korea, Venezuela and Chad to the list. Restrictions remain in place for Iran, Libya, Syria, Yemen and Somalia.
It’s Trump’s third attempt to restrict travel from a small group of countries.
The ACLU and other groups have decried the new version of the ban as just as xenophobic as its earlier versions, which faced legal challenges as to whether the policies unconstitutionally discriminated against Muslims.
“This is still a Muslim ban ― they simply added three additional countries,” said Becca Heller of the International Refugee Assistance Project earlier this week. “Of those countries, Chad is majority Muslim, travel from North Korea is already basically frozen and the restrictions on Venezuela only affect government officials on certain visas. You can’t get any more transparent than that.”

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Although the Trumpsters have shored up Travel Ban 3.0 with some specifics, it’s still stupid and unnecessary. Whether that makes it illegal, however, is a more difficult question.

PWS

09-29-17

GONZO’S WORLD: “Eggshell” Attorney General Is A Parody Of The First Amendment!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/jeff_sessions_wants_a_first_amendment_that_celebrates_robust_criticism_of.html

Dahlia Lithwick writes at Slate:

“Having seen the Sessions DOJ prosecute someone for laughing at Jeff Sessions, it’s hardly surprising that he wants a First Amendment that celebrates the robust criticism of everyone but himself. Watching Sessions’ DOJ going after private Facebook information for anti-Trump activists, it’s hardly surprising that these much-vaunted free speech protections flow in the direction of Trump officials and away from Trump dissenters. It is, nevertheless, somewhat more surprising to see that the burgeoning theory that conservatives deserve free speech protections, and liberals deserve none, is becoming yet another normalized part of this abnormal administration. After all, if you cannot even see anyone from the opposing side, you certainly have no reason to hear their voices. And what was most striking about Sessions’ rousing performance at Georgetown is that he didn’t seem to even notice or concede that an opposing side exists. This has very real practical effects for his DOJ and for our rule of law.

Read, for example, the work of my friend Garrett Epps on the stunning DOJ brief filed in the Masterpiece Cakeshop v. Colorado Civil Rights Commission “religious baker” case to be heard at the Supreme Court this fall. The Justice Department evinces no solicitude at all for the injuries of anyone but the Christian baker at issue, the one who seeks not to be compelled to make a wedding cake for a gay couple. Sessions’ Department of Justice, for instance, argues that Colorado hadn’t yet acknowledged the rights of marriage equality at the time of the cake incident, so the fact that such equality is now a constitutional right should not even be considered. It’s a hard case, as Epps notes. But it’s vastly easier if you simply pretend away the interests of the other side. For this DOJ, there is nobody else on the radar. Nobody else exists.

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When talking about the First Amendment and the brutal and challenging clash of diverse opinions, a big part of that is the obligation to listen to ideas that might be uncomfortable or even painful to hear. But that relationship presupposes that we can see or acknowledge that there are speakers on the other side. More and more, it feels as though the Trump administration’s aperture has narrowed to the point where someone can espouse First Amendment values while viewing genuine opponents as wholly other, foreign, and not even worth giving the chance to respond. This is the framing for the NFL protests (Trump has free speech rights, the players do not) and the framing for Sessions’ speech about student speech.

There’s little doubt that Jeff Sessions meant it when he importuned the students before him to stand up for free speech and to spend their law school careers refining their own views in opposition to conflicting ideas. But it’s far from clear that he realized how absurd it was to say those things at an event that excluded faculty and students with different viewpoints. Admonishing law students to spend their time testing their pre-existing views against alternate ideas while engaging in almost daily acts of punishing and suppressing speech and expression of alternate ideas is insane. I’m not sure that the sparking, hotly contested debates between people who hate marriage equality and the people who really, really hate marriage equality is the sort of dispute Justices Jackson and Brandeis were thinking about.

And what is terrifying is the possibility that Sessions truly believes that people with different viewpoints don’t even exist anymore in any tangible application. These dissenters are all just enemies of the state. They are no more real to him than ghosts. More and more, Sessions is constructing a Justice Department in which the other side is just noise to him, not speech. And if you cannot even see protesters and political dissidents, it’s hardly a surprise that you cannot hear them either.”

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Read Lithwick’s complete article at the link.

I have to admit that it’s great to be retired, outside the repressively paranoid atmosphere of the DOJ (and that was before the reign of Gonzo began), and able to exercise my right to free speech again.

Sessions is enthusiastic about defending the right to promote hate speech, religious zealotry, and homophobia, all things in which he and his alt-right cronies fervently believe. But, when it comes to defending the rights of Blacks, Hispanics, immigrants, and the rest of us to protest, or in the case of Blacks and Hispanics to even exercise their voting rights, not so much.

Gonzo’s career has been built on disingenuously promoting bias, racial inequality, xenophobia, homophobia, intolerance, and white privilege in the name of a Constitution that it’s hard to believe he’s ever read much less understands or follows. Other than Trump, Bannon, or Miller, I can’t imagine anyone less qualified than Gonzo to pontificate about the First Amendment, or indeed any portion of the U.S. Constitution other than, perhaps, the Second Amendment which apparently is the only part of the Constitution they have ever heard about down in Ol’ Bammy.

PWS

09-29-17

AMERICANS ARE DYING IN PUERTO RICO: That’s “Good News” In The Trump Administration! — They Tried To Do It By Stripping Vulnerable Americans Of Health Care — But, This Is Easier — Just Do Nothing!

https://www.washingtonpost.com/news/post-nation/wp/2017/09/29/san-juan-mayor-slams-trump-administration-comments-on-puerto-rico-hurricane-response/

Samantha Schmidt and Mark Berman report for the Washington Post:

“Dammit, this is not a good-news story,” [San Juan Mayor Carmen Yulín] Cruz said. “This is a people-are-dying story. This is a life-or-death story. … When you have people out there dying, literally scraping for food, where is the good news?”

Residents of Puerto Rico, a U.S. territory that is home to more than 3 million American citizens, have struggled without electricity, drinking water, food and medical supplies since Hurricane Maria tore across the island on Sept. 20. Many hospitals remain without power, and fears are mounting about the spread of infection and disease the longer people lack electricity and clean water.

[U.S. responded to Haiti quake more forcefully than to Puerto Rico disaster]

As the dire situation has worsened, the federal government’s initial response has drawn increasing scrutiny.

Critics of the administration have compared it to the government’s poor reaction to Hurricane Katrina in 2005 or unfavorably contrasted it with the efforts shown after other disasters, including the recent hurricanes that battered Texas and Florida. The retired three-star general who commanded the massive U.S. military response to the Haitian earthquake of 2010 told The Post that it is fair to “ask why we’re not seeing a similar command and response” in Puerto Rico.

 

The Trump administration has bristled at the criticism, with multiple officials defending their response and the president complaining on Twitter about the media coverage. Puerto Rico Gov. Ricardo Rosselló has praised the federal government’s efforts and said the president has called him multiple times.

Trump has also been criticized for his comments about Puerto Rico, including repeatedly invoking the country’s debt issues, which stand in sharp contrast to the way he spoke about Texas and Florida after storms hit those states.”

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Read the rest of the story at the link.

The Trump Administration’s toxic combination of evil, corruption, dishonesty, and incompetence is a clear and present danger to the health, welfare, and safety of every American!

Why was the response to Haiti better? That’s a “no-brainer!” Back then we had a REAL President rather than the current Charlatan-in-Chief!

 

PWS

09-29-17