History – Page 215 – immigrationcourtside.com

POLITICS: Dear DT, You’re Not On Reality TV Any More — You Can’t “Fire” The Freedom Caucus — Only Their Constituents Can Do That — And GOP Gerrymandering Insures That’s Not Going To Happen!

https://www.washingtonpost.com/news/powerpost/paloma/daily-202/2017/03/31/daily-202-how-trump-s-threats-against-the-freedom-caucus-may-backfire/58de0ed5e9b69b72b2551089/

James Hohmann writes in the Washington Post:

“– Trump tried carrots, offering pizza parties and invitations to the White House bowling alley. Since that hasn’t worked, he’s using the stick. Niccolo Machiavelli wrote that one should try to be loved and feared. “But, because it is difficult to unite them in one person, it is much safer to be feared than loved,” the Italian diplomat explained in “The Prince.”

This approach makes much less sense in America circa 2017 than it did in the Italy of 1532.

In practice, throughout the history of our republic, this has almost never been an effective way to govern. Franklin Roosevelt, vastly more popular than the current occupant of the Oval Office, went all-in during the 1938 midterms against Southern Democrats who weren’t consistently voting for New Deal programs. The ensuing debacle, in which all but one primary challenger FDR supported lost, is a cautionary tale that Trump may want to consider before he follows through on his threats to knock off members of the House Freedom Caucus if they don’t quickly fall in line.
The defiance we saw from several members of the Freedom Caucus yesterday, including Sanford, strongly suggests that Trump’s gambit will fail. Rather than cower, principled movement conservatives wore the attacks as badges of honor. They saw the threats as testaments to their courage. And they pledged to never back down. The fact that Sanford went to the Charleston paper to say Trump had threatened him reflects the degree to which these guys are not scared.

“I have zero worries about it,” Rep. Mo Brooks (R-Ala.) told the Heritage Foundation-backed Daily Signal. “Trump’s tweets reaffirm that the Freedom Caucus is having a major impact on public policy in Congress — that the Freedom Caucus is not a force to be ignored. … If you want me to vote for a piece of legislation, either persuade me it is good for America or change it so that it is good for America.”

Rep. Scott DesJarlais (R-Tenn.), one of Trump’s earliest endorsers, said the Freedom Caucus won’t change no matter what the president does. “We’re elected as Republicans to put forth good conservative policy, and I’m on board as soon as we start doing that,” he told Roll Call. “In my district, we’re very conservative, so if he gets me out office, he’s going to get someone more conservative than me.”

“If somebody can get to the right of me in the primary, God bless him,” added Freedom Caucus member Trent Franks (R-Ariz.).”

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Vladimir Lenin (an earlier generation Russian strongman) could have told President Trump that while Bakuninists (like the Freedom Caucus) can be useful in taking power, when you go to consolidate and exercise the power of government, well, not so much.

Lenin had a straightforward solution. He simply had Trotsky and the Red Army exterminate the Bakuninists, along with others who opposed his one-man rule. (Yes, long before he became the grandfatherly figure of the Frida Kahlo movies and stories, LT was a cold-blooded mass-murderer who had the misfortune to lose a power struggle to an even greater and more ruthless mass murderer, Joe Stalin) The survivors scattered and went into exile. Presto, problem solved.

But, our system doesn’t work like that, at least not at present. Most members of the Freedom Caucus were in office before Trump came along, and they fully expect to be there after he’s gone. And, giving in to the demands of the Freedom Caucus eventually would force some of the small number of less conservative Republicans (true moderates no longer exist in the GOP) to pal up with the Dems to block the most disastrous parts of the Freedom Caucus agenda.

Running for the Presidency is harder than being on reality TV. And, governing is much more difficult than running. So far, the message doesn’t seem to have gotten to DT. Will it?

PWS

04-02-17

FLYNN COLEMAN IN GLOBAL CITIZEN: “We Are All Immigrants”

https://community.globalcitizen.org/post/we-are-all-immigrants?utm_source=Iterable&utm_campaign=iterable_campaign_US_Mar_21_2017_citizenship_newsletter_2_actives&utm_medium=email

Coleman writes:

“The immigrants and refugees you see in this country today are the next generations of every single American who is not a Native American. It’s only a temporal difference. Irish, Roman-Catholics, Russians, Poles, Jews, all of the ethnicities of my heritage, have all been discriminated against, turned away, and have made this country a better place. We were all immigrants, refugees, strangers of this land once, until this country said, you are welcome here.

If we truly care about keeping our country safe while protecting the ideals it was founded on, we need to look at what works. Canada has opened its doors to immigrants, and not just on a governmental level. And Canada is seeing more and more people pouring into its borders, including those who have lived in the U.S. for years and are afraid of the new policies. Homeland Security has been told to round up people without papers, and people are panicked and bracing for potential assaults on DACA and Sanctuary Cities as well. Is this our country? People have come together from all walks of life in Canada to sponsor immigrants and refugees. Take a look at how successful that has been, how they speak about people coming to find a safe home in their country, and follow their example. And then read about how we can focus on truly fighting and defeating terrorism in all of its insidious and evil forms.

Then read a story about a Jewish and a Muslim family, who met by happenstance at an airport protest in support of immigrants and refugees. Read about what happened after their children looked at each other as they held signs in support of their neighbors, and then what happened when they shared a meal together.

Once I arrived back home, I walked along the Brooklyn eights Promenade, where the sun was setting behind the Statue of Liberty. I looked out across the water and thought about the millions who passed through Ellis Island to get here, including the very first three, who were children. I thought about those who were accepted, and those who were turned away, and the fact that each one of them has a story and a voice that deserves to be heard.”

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Coleman “is an international human rights attorney, an author, a public speaker, a social entrepreneur and innovator, an educator, and a founder and CEO.” Read her full op-ed at the above link.

PWS

03/21/17

NYT OPINION: DAVID BROOKS: The “American Exodus” Is A Unifying Theme!

https://mobile.nytimes.com/2017/03/21/opinion/the-unifying-american-story.html?em_pos=small&emc=edit_ty_20170321&nl=opinion-today&nl_art=3&nlid=79213886&ref=headline&te=1&_r=0&referer=

“One of the things we’ve lost in this country is our story. It is the narrative that unites us around a common multigenerational project, that gives an overarching sense of meaning and purpose to our history.

For most of the past 400 years, Americans did have an overarching story. It was the Exodus story. The Puritans came to this continent and felt they were escaping the bondage of their Egypt and building a new Jerusalem.

The Exodus story has six acts: first, a life of slavery and oppression, then the revolt against tyranny, then the difficult flight through the howling wilderness, then the infighting and misbehavior amid the stresses of that ordeal, then the handing down of a new covenant, a new law, and then finally the arrival into a new promised land and the project of building a new Jerusalem.

The Puritans could survive hardship because they knew what kind of cosmic drama they were involved in. Being a chosen people with a sacred mission didn’t make them arrogant, it gave their task dignity and consequence. It made them self-critical. When John Winthrop used the phrase “shining city on a hill” he didn’t mean it as self-congratulation. He meant that the whole world was watching and by their selfishness and failings the colonists were screwing it up.

As Philip Gorski writes in his new book, “American Covenant,” which is essential reading for this moment, the Puritans understood they were part of one covenant and had ferocious debates about what that covenant meant.”

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Read the full Brooks op-ed at the link above.

PWS

03/21/17

HAIL, HAIL ROCK & ROLL: IN MEMORIUM: Chuck Berry, “Godfather Of Rock & Roll” — Today’s Rock Stars Owe Him Big Time For His Pioneering Work!

https://mobile.nytimes.com/2017/03/19/arts/music/chuck-berry-rock-innovator.html?emc=edit_nn_20170320&nl=morning-briefing&nlid=79213886&te=1&_r=0&referer=

John Caramanica writes in the NY Times:

“Chuck Berry’s “Roll Over Beethoven” wasn’t the first rock ’n’ roll song, but it was the best and brashest of the genre’s early advertisements. Released in 1956, it opens with a nimble, bendy guitar riff — a prelude to the one that would be perfected a year later, on “Johnny B. Goode” — that serves as an intrusion and an enticement. Then Mr. Berry describes the fever, “the rockin’ pneumonia,” that was soon to grip the country.

“My heart beatin’ rhythm/And my soul keep-a singin’ the blues,” he sang. “Roll over Beethoven/And tell Tchaikovsky the news.”

Plenty of artists would go on to cover “Roll Over Beethoven” — the Beatles streamlined and sweetened it; Electric Light Orchestra distended it into an overlong, pompous shuffle with a snatch of the Fifth Symphony; Paul Shaffer and his band made a sleek version as the theme to the 1992 film “Beethoven,” about a St. Bernard with the composer’s name.

But those covers lacked the panache, the transgressive potential, the unexpected twists and turns of the Chuck Berry originals.

Mr. Berry, who died on Saturday at his home near St. Louis, was the first true rock ’n’ roll superstar. When in his late 20s he emerged from St. Louis onto the national scene, the genre wasn’t yet codified. In its infancy, rock was hybrid music, and Mr. Berry was its most vivid and imaginative alchemist.

From the mid-1950s through the end of that decade, he concocted a yowling blend of hopped-up blues, country and then-emergent rhythm & blues that ended up as the template for what became widely accepted as rock ’n’ roll (though the term predated his rise).”

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Great musician, entertainer, and stage performer whose influence will continue as long as rock and roll is played!

I find it interesting how the “mainstream culture” eventually adopts and idolizes folks like Chuck Berry and Mohammad Ali. In their “heydays,” both were considered dangerous renegades, not cultural idols.

The largely white-driven mainstream America often tried to suppress and deny their achievements and even subjected them to prosecutions that looked more like persecutions. (Regardless of its morality, how many white Rock and Rollers have transported underage girls, and lots of other “illegal stuff,” across state lines for “immoral purposes,” do you think? How many were prosecuted — twice for the same crime in Berry’s case — and sent to prison?) In both Ali’s and Berry’s cases, their careers never completely recovered from their well-publicized legal problems.

Contrast this with the great “outlaw” country singer Johnny Cash (another of my personal favorites) who was “busted” seven times for misdemeanors (if he were an immigrant, he undoubtedly would have been characterized as a “dangerous repeat offender” not fit to live in America) but never spent more than one night in jail.

I have absolutely no difficulty with “mainstream America” recognizing folks like Berry and Ali for their amazing contributions to our world and adopting them as “folk heroes.” To me, it shows why the “cultural wars” being waged today by Trump and the GOP are ultimately doomed to failure.

But, it would be better if in posthumously recognizing great African Americans like Berry and Ali, all of us also acknowledged that contemporary society had it wrong about their contributions and probably treated them unfairly during their “prime of greatness.”

PWS

03/20/17

MATT CAMERON IN THE BAFFLER: Trump’s Immigration Policies Promise To Make A Bad System Even Worse

https://thebaffler.com/outbursts/strangers-in-a-cruel-land?utm_campaign=Newsletter&utm_source=hs_email&utm_medium=email&utm_content=45427323&_hsenc=p2ANqtz–SrQwaCmT1prkolHBKrPKHSN4djFsqLNoveeB1BWE10ZO3rscc5BcXMhmwFedKjGnCbzzw56UKYKQ-sIulUP96Hwj8rw&_hsmi=45427323

“Donald Trump’s presidential campaign capitalized on a familiar brand of nativist anti-immigrant slander usually reserved for our nation’s most desperate times. It was an ugly old vein to mine, but now that he’s managed to strike electoral gold there, he is not wrong to view his election as a mandate to carry out his promise to enforce federal immigration law to its fullest extent. This would be alarming to friends of the Constitution under any circumstances, but especially so given Trump’s open embrace of white supremacy—as a concept, if not a movement—in the primaries. We haven’t encountered such an openly bigoted presidential campaign on the right since Pat Buchanan’s last failed insurgent run at the GOP nomination in 1996, and we have never seen an avowedly white-nationalist leader accede to the Oval Office.
Nor should any of us expect the chastening experience of actual governing to temper his outlook. Trump has proven at every opportunity that he is all but ineducable about even the simplest details of how immigration to the United States actually works. And this, it turns out, is probably one of the few things he has in common with a considerable majority of Americans.”

. . . .

The immigration system I keep hearing about from pundits and politicians (all of whom should know better) is almost entirely unmoored from actual fact. It seems to be a chimerical pastiche of the one we had before Ellis Island closed, the one we had just before the moon landing, and some sort of rosy Tomorrowland fantasy in which visas would be awarded to the undocumented if only they would do it the right way. This is not the system I work with every day.
When a white, native-born American says, “my family came here the right way,” what the speaker almost invariably means is that one or more of his ancestors came to the United States without a visa during a time of virtually unrestricted European migration. They boarded a trans-Atlantic ocean liner, stood in line at an immigration inspection station for the better part of a day, answered a standard series of twenty-nine questions, were subjected to a medical exam, and were admitted indefinitely to the United States. That’s how my Scottish great-grandparents did it in 1916. If you were born in the United States with European ancestors, it’s probably how you came to be here too. That system ended in 1924. Its successor, the “national origins” quota system (a more restricted but still relatively open “line”), was abolished in 1965. But I still regularly meet well-meaning fellow citizens who believe that anyone who deserves a chance can simply “fill out the forms,” “get in line,” and “come the right way, like my family did.” At which point, I have to patiently explain that they can’t.

For most of my undocumented neighbors, in East Boston and beyond, there are no forms. There is no line. There never was. Telling an undocumented Mexican dishwasher that he should “wait in line, like my family did” is no more realistic than advising him to switch to the same model of iPhone your great-grandfather used. Yet the lie persists, with nearly every presidential candidate since George H. W. Bush invoking the imaginary “line.”

. . . .

[Bill] O’Reilly was too charitable. There is no reason to believe that Trump has ever understood the basic precepts of due-process protection. Commitment to due process would have been fundamentally incompatible with Trump’s record as a casino magnate, a New York City landlord, or an authoritarian game show host given unlimited license to “fire” contestants at whim.

Trump has signaled the likely place of due process in his immigration system by promising to immediately deport 2 to 3 million “criminal aliens.” This staggering number, nearly the entire urban population of Chicago, would represent more deportations than Obama (the current record-holder) completed in eight years, and more than twice as many as were carried out during Operation Wetback.

. . . .

In fifty-eight immigration courts nationwide, immigration judges are operating (per a recent study) at a degree of mental stress equivalent to that of an emergency-room doctor. “This case,” sneered federal judge Richard Posner in a recent dissent, “involves a typical botch by an immigration judge.” Posner, punching down from the lofty heights of a federal appeals court, went on to concede graciously that the immigration court’s status as “the least competent federal agency,” might have something to do with congressional underfunding and the resultant “crushing workloads.”
Our nation’s roughly 250 immigration judges [now approximately 305] are now responsible for managing a record backlog of more than five hundred thousand pending deportation cases, with thousands more pouring into the system each day. The judges I appear before in the Boston immigration court are humane and learned experts who work long hours, in circumstances that couldn’t be less familiar to Judge Posner, but they are as susceptible to human error as any judge anywhere.

In an executive order signed within days of his inauguration, Trump authorized Congress to triple the number of Immigration and Customs Enforcement agents on the ground. He has made no mention of any plans to extend the courts the same courtesy, but this new flow of cases simply cannot be sustained within today’s judicial plumbing.”

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Cameron’s full, hard-hitting article is definitely worth a read. And, as he points out, quite sadly, it’s likely to get much worse from a due process standpoint before it gets better.

I also think he is right that few U.S. Court of Appeals Judges would be able to survive working as U.S. Immigration Judges under today’s incredibly difficult circumstances and conditions.

PWS

03/15/17

WashPost OPINION: EUGENE ROBINSON — Rep. Steve King (R-IA) Is A Self-Proclaimed Racist/White Supremacist — White House Doesn’t Appear To Have A Problem With That

https://www.washingtonpost.com/opinions/white-supremacism-is-ready-to-roar/2017/03/13/883e7570-082b-11e7-b77c-0047d15a24e0_story.html?utm_term=.52288350b631

Robinson writes:

“White supremacism was never banished from American political thought, just shoved to the fringe and hushed to a whisper. Now, in the Age of Trump, it’s back in the mainstream and ready to roar.

Witness the words of Rep. Steve King (R-Iowa) on the subject of immigration: “Culture and demographics are our destiny. We can’t restore our civilization with somebody else’s babies.” King offered these sentiments Sunday in a tweet expressing solidarity with Geert Wilders, an openly racist and Islamophobic Dutch politician who has a chance of becoming prime minister in elections this week. Wilders is someone who “understands,” King wrote.

And we understand just what King meant. Former Ku Klux Klan leader David Duke certainly got the message, using his vile Twitter account to proclaim, “GOD BLESS STEVE KING!!!”

. . . .

“Immigrants — both voluntary and involuntary — have shaped this nation since long before its founding. The first Africans were brought here in bondage in 1619, one year before the Mayflower. Americans have never been a single ethnicity, speaking a single language, bound by the centuries to a single patch of land. We have always been diverse, polyglot and restless, and our greatness has come from our openness to new people and new ideas.

King’s distress about birthrates can be read only as modern-day eugenics. If he is worried about the coming day when there is no white majority in the United States, he has remarkably little faith in our remarkable society — or in the Constitution that he, as a member of Congress, is sworn to support and defend.

President Trump played footsie with the white supremacist movement during his campaign. His chief strategist, Stephen K. Bannon, waged civilizational war when he ran the Breitbart News site. Trump could definitively denounce King’s racism with a statement or a tweet, but so far his silence is deafening.”

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I’m glad that Robinson makes the point that America literally was developed, founded, and built on the backs, free labor, and talents of African American “involuntary” immigrants. (In my Refugee Law and Policy course at Georgetown Law we referred to them as “forced migrants.”)

In fact, of our first five Presidents, only John Adams was self-supporting. The others owed their livelihood to the free labor provided by enslaved African Americans. Sad, but true.

PWS

03/15/17

HISTORY: New Ric Burns/Li-Shin Yu Documentary Film Explores Sordid Side Of Our History: “The Chinese Exclusion Act” — “It was democratic,” explains historian Renqiu Yu in the film. “It was legal. But it was wrong.” — “That’s Why I Become a Lawyer,” Says One U.S. Immigration Judge!

http://caamedia.org/blog/2017/03/13/chinese-exclusion-act-a-new-film-about-a-19th-century-law-with-21st-century-lessons/

Julianne Hing writes in CAAM:

“In the last half of the 19th century, as Reconstruction was collapsing and the country slogged through an economic depression in the 1870s, politicians found easy scapegoats in Chinese immigrants. As a statesman, California Governor Bigler “wrangled a working class white rage at the fact that the Gold Rush had not been a stairway to heaven,” Burns says, “and all this transmogrified into hatred of the ‘other.’” Bigler called Chinese immigrants ignorant about and uninterested in joining American society, and described them as inferior, dishonest, and unassimilable in public addresses.

Passionate anti-Chinese sentiment manifested itself in the passage of punitive local ordinances that sought to criminalize or tax everyday Chinese life. San Francisco’s queue ordinances of the 1870s forbade city prisoners from keeping long braids. Pole ordinances prohibited the use of poles to balance vegetables and other wares; the use of a pole to balance heavy loads was a uniquely Chinese practice. Chinese immigrants were even prohibited from testifying in court against whites.

By the time the Chinese Exclusion Act became the law in 1882, Chinese immigrants were firmly established in the popular imagination as villainous culprits responsible for the country’s every economic woe. The law only codified a seething anti-immigrant sentiment that Americans latched on to. The law made it illegal for Chinese immigrants to come to the U.S., it made it illegal for those who left to re-enter the U.S., and it made it illegal for Chinese nationals to become U.S. citizens. The law was overturned only in the 1940s, and it wasn’t functionally dismantled until 1965 during the Civil Rights era — just 50 years ago.

“It was democratic,” explains historian Renqiu Yu in the film. “It was legal. But it was wrong.” That breach between legality and justice is exactly what Burns and Li-shin Yu sought to explore in their film. “Here’s a story that makes you think about how the way that democracy and jurisprudence work is not equal to justice,” Burns says.

The other chapter of the story of the Chinese Exclusion Act is one of resistance. Li-shin Yu says that in the years of making this film, the stories of resistance stood out to her over and over. “The greatest thing to have learned is that across time, the Chinese were standing up every step of the way,” Yu says.”

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Sadly, some of this sounds all too familiar. I could just see a racist/white nationalist politician like Rep. Steve King (R-IA) playing the role of Gov. Bigler. It’s important for the rest of us to say “never again.”

PWS

03/14/17

NY TIMES OPINION: James Traub Says Refugee Issues Are More Nuanced Than Most Of Us Want To Admit!

https://mobile.nytimes.com/2017/03/07/opinion/the-hard-truth-about-refugees.html?emc=edit_ty_20170307&nl=opinion-today&nlid=79213886&te=1&_r=0&referer=

“The situation is different here. Since the United States has no real refugee problem, save one fabricated by Mr. Trump and conservative activists, and no immigrant crime wave, the chief answer has to be on the level of the opinion corridor: Liberal urbanites have to accept that many Americans react to multicultural pieties by finding something else — sometimes their own white identity — to embrace. If there’s a culture war, everyone loses; but history tells us that liberals lose worse.

I believe that liberalism can be preserved only if liberals learn to distinguish between what must be protected at all cost and what must be, not discarded, but reconsidered — the unquestioned virtue of cosmopolitanism, for example, or of free trade. If we are to honor the human rights of refugees, we must find a way to do so that commands political majorities. Otherwise we’ll keep electing leaders who couldn’t care less about those rights.”

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Read the entire thought-provoking op-ed at the link.

PWS

30/07/17

THE ATLANTIC: Our Unhappy Immigration History — President Herbert Hoover’s Anti-Immigrant Policies Resulted In The “Mexican Repatriation” — U.S. Citizens Were The Majority Of Those Illegally Removed!

https://www.theatlantic.com/politics/archive/2017/03/americas-brutal-forgotten-history-of-illegal-deportations/517971/

Alex Wagner writes:

“Back in Hoover’s era, as America hung on the precipice of economic calamity—the Great Depression—the president was under enormous pressure to offer a solution for increasing unemployment, and to devise an emergency plan for the strained social safety net. Though he understood the pressing need to aid a crashing economy, Hoover resisted federal intervention, instead preferring a patchwork of piecemeal solutions, including the targeting of outsiders.
According to former California State Senator Joseph Dunn, who in 2004 began an investigation into the Hoover-era deportations, “the Republicans decided the way they were going to create jobs was by getting rid of anyone with a Mexican-sounding name.”

“Getting rid of” America’s Mexican population was a random, brutal effort. “For participating cities and counties, they would go through public employee rolls and look for Mexican-sounding names and then go and arrest and deport those people,” said Dunn. “And then there was a job opening!”

“We weren’t rounding up people who were Canadian,” he added. “It was an absolutely racially-motivated program to create jobs by getting rid of people.”

Why, specifically, men and women of Mexican heritage? Professor Francisco Balderrama, whose book, A Decade of Betrayal: Mexican Repatriation in the 1930s is the most definitive chronicle of the period (and, not coincidentally, one of the only ones), explained: “Mexican immigration was very recent. It goes back to that saying: Last hired, first fired. The attitude of many industrialists and agriculturalists was reflected in larger cities: A Mexican is a Mexican.” And that included even those citizens of Mexicans descent who were born in the U.S. “That is sort of key in understanding the psychic of the nation,” said Balderrama.

The so-called repatriation effort was, in large part, a misnomer, given the fact that as many as sixty percent of those sent to “home” Mexico were U.S. citizens: American-born children of Mexican-descent who had never before traveled south of the border. (Dunn noted, “I don’t know how you can repatriate someone to a country they’ve not been born or raised in.”)

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Pretty grotesque. Where’s the apology? Where is the circumspection? Where its the humanity in the Administration’s new “immigrant scapegoating” program?

Thanks much to Nolan Rappaport for bringing this interesting, if disturbing, piece of immigration history to my attention.

PWS

03/06/17

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