HON. JEFFREY S. CHASE BLOG PRESENTS “THE FLORES EXHIBITS” – Truth, No Matter How Terrible & Disturbing, Is The Best Antidote To Notorious Human Rights Abuser “Big Mac With Lies” & His Truly Despicable Knowingly False Narratives & Immoral Actions! – “At this time when our nation is led by scoundrels, we are in need of heroes.”

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Elora Mukherjee
Elora Mukherjee
“American Hero”
Clinical Professor of Law & Director of the Immigrants’ Rights Clinic
Columbia Law School

https://www.jeffreyschase.com/blog/2019/9/22/vjwdefjb62lfre600ktwsfj8q1dsab

The Flores Exhibits

“I’m held with my son in a cage.  There are about 60 people in my cages, and more in some of the other cages.  There are six cages in my area. They are all very, very full.”

The above words are part of “Exhibit 29,” which is read by my friend Lenni Benson, a professor at New York Law School and founder of the school’s Safe Passage Project, which provides representation to unaccompanied children in immigration court.  The words are the sworn declaration of a 17-year-old girl, identified by the initial “L.”

There are 65 such declarations, each the actual statement of a child detained at border detention facilities in this country  in June 2019. Recently, Waterwell, the wonderful civic-minded theater and film production company responsible for the immigration court based play The Courtroom filmed a number of actors, lawyers, clinical professors, advocates, and other interested individuals in a dark studio in the East Village in New York City.  I was honored to be one of those filmed. We each sat at a simple table with the written exhibit and a glass of water, and under the direction of Waterwell’s Artistic Director, Lee Sunday Evans, each read a single declaration.

Article 37(b) of the Convention of the Rights of the Child states that “No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.”  A 1997 settlement agreement, known as the Flores Settlement, legally binds our government in limiting the length of time it can detain immigrant children, and holding the government to a standard of humane treatment under prescribed conditions of health, hygiene, education, and privacy. From the contents of the declarations, the Trump Administration has made a mockery of these rules.

Exhibit 3, read by David Gomez, the president of Hostos Community College, memorializes the words of a five year old from Honduras separated from his father upon arrival at the border, as he states “I have not been told how long I have to stay here.  I am frightened, scared, and sad.” My fellow former immigration judge, Betty Lamb, read the statement of a 14 year old girl, who was taking care of two younger parentless girls (one of them 4 years old and sick), who said that she was holding the two in her lap as she spoke trying to comfort them.  She then added “I need comfort, too. I’m bigger than they are, but I am a child, too.” (Exhibit 54).

At this time when our nation is led by scoundrels, we are in need of heroes.  Towards this end, please take a moment to write down the name of Elora Mukherjee, a true hero.  She is a clinical professor of law and Director of the Immigrants’ Rights Clinic at Columbia Law School.  She has devoted her career to aiding immigrant children, whom she began visiting in detention facilities in 2007, and litigating violations of the Flores Settlement. Watching her read her own 22 minute statement gave me nightmares.  She described the overwhelming stench of the hundreds of detained children, who were very hungry and seriously traumatized. One six year old she tried to question ended up sitting in her lap crying inconsolably, until a guard eventually gave him a lollipop “as an incentive to bring him back to his cell.”  (Exhibit 63). Many of the children were seriously in fear of the guards. A number of the children were sick.

I am a native-born American citizen.  I have lived here my entire life. Yet I never felt more foreign than while watching these videos.  I hope that readers of these words feel the same way. No government of a country that is truly ours, that reflects the morals and values that we possess and believe in, could ever treat children this way.  And no decent, moral people, regardless of their political affiliation or their views on immigration, could ever support or approve of the government responsible for such treatment. These children will never get over this.  It is one thing for children to arrive here already traumatized and be granted safe haven under our laws. It is entirely another matter for the government of this country to deliberately cause children to suffer in a way that will scar them for life.

Please visit the site of these powerful videos through this link.  You can also view the one-minute trailer here.  And then please, please help amplify by sharing through social media and email.

Thanks for this project go to Columbia Law School’s Center for Institutional and Social Change and Immigrants’ Rights Clinic; to Waterwell, the Broadway Advocacy Coalition, and Project Amplify; and to all those who participated as readers in the videos.

Copyright 2019 Jeffrey S. Chase.  All rights reserved.

(Below: iPhone photo of me filming my segment, taken by Elizabeth Lamb).

Go to Jeff’s blog at the link for the picture of him presenting.

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What kind of country tortures and torments vulnerable children in search of legal protection while actually employing their corrupt, cowardly, and totally dishonest abusers, like Kevin “Big Mac With Lies” McAleenan, on the public payroll? Big Mac was at it again today, presenting a fictionalized defense of the Administration’s policy of promoting and encouraging human rights abuses, lying about the Flores settlement, and endangering the lives of refugee families!

McAleenan and his fellow immoral sycophants are a disgrace to America!

And, as I have said before, both Congress and the Federal Judges who have enabled these crimes against humanity by failing to take strong action to stop the Trump Administration’s abuse and to hold perpetrators like McAleenan legally accountable also share a major part of the responsibility!

 

PWS

09-23-19

 

 

THE GOOD NEWS: Gender-Based Asylum Claims Continue To Win In the “Post A-B- Era” — THE BAD NEWS: Applicants Subjected To “Let ‘Em Die In Mexico” & Completely Bogus “Unsafe Third Country” Procedures By Trump & His Cowardly Article III Judicial Enablers Don’t Have Access To This (Or Any Other) Type Of Justice!

Daniel E. Green, Esquire
Daniel E. Green, Esquire
Immigration Attorney
Kingston, NY

Here’s a copy of the redacted decision by Judge Howard Hom, NY Immigration Court, as submitted by the respondent’s counsel Daniel E. Green of Kingston, NY:

IJDecisionNYC8.6.2019

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First, many congrats Daniel for saving this family’s lives and for passing this along. YOU are what the “New Due Process Army” is all about!

A few thoughts:

  • Note the meticulous preparation, presentation, and critical use of detailed expert testimony by Daniel in developing this case before Judge Hom. This is “textbook,” exactly what it takes to have any chance of winning asylum in an intentionally hostile Immigration Court environment these days.
    • Yet, how would one of the “Let ‘Em Die In Mexico” refugees, or those subjected to bogus requirements to apply for asylum under barely existent Mexican procedures or virtually non-existent systems in places like El Salvador, Guatemala, and Honduras, some of the world’s most dangerous refugee SENDING countries, possibly have access to this type of life-saving representation?
    • How could any “unrepresented” applicant, particularly a child or someone with minimal formal education and a non-English speaker, possibly make such a winning presentation?
      • Yet this is exactly what is being required in today’s Immigration “Courts.”
      • How are Article III life-tenured Appellate Judges, including the Supremes, letting these absurdly unfair scenarios, clear violations of Due Process and fundamental fairness, unfold before them?
      • This is a clear dereliction of duty, that has been going on for years, by the Article IIIs. Yet, it has gotten immeasurably worse under the biased White Nationalist racist attack on migrants and asylum seekers by the Trump Administration.
      • What are these cowardly and indolent Article III Judges being paid for if they are unwilling and or unable to do their jobs of standing up for the legal and Constitutional rights of the most vulnerable in our legal system?
    • Compare the situation of this highly fortunate applicant with the lives and situations of those poor souls described by Jodi Goodwin at the Texas border and in Mexico in my post from yesterday, many of whom are just struggling to stay alive under the avalanche of unfairness and cruelty heaped upon them by Trump, his DHS sycophants, and his black-robed Article III cowardly enablers: https://immigrationcourtside.com/2019/09/18/america-the-ugly-heres-an-inside-look-at-the-illegal-immoral-let-em-die-in-mexico-program-engineered-by-trump-his-white-nationalists-impleme/
  • Note the equally meticulous, careful, thorough, and scholarly judicial opinion produced by Judge Hom in this case.
    • How could judges ordered to produce three or more final decisions after hearing each work day consistently provide this type of quality analysis and writing, particularly with no personally assigned law clerks or other support staff?
    • Judge Hom happened to have 42 years of judicial and immigration practice experience before his appointment. (He’d actually worked for me as a Trial Attorney when I was the Deputy GC and Acting GC of the “Legacy INS” back in the late 1970’s and early 1980’s). He is also one of a very few recently appointed Immigration Judges who had decades of private practice experience representing foreign nationals before becoming an Immigration Judge.
    • So, how would the “average” new Immigration Judge, with far less experience, no knowledge of representing asylum applicants or anyone else except the Government, no meaningful training, a wealth of misinformation like Gonzo’s decision in Matter of A-B- thrown at them as “gospel,” unethical and unrealistic production guidelines, and neither personal support nor control over their own dockets, consistently produce this type of quality work?
      • The answer: They wouldn’t.  That’s the whole intent behind the Trump Administration’s “malicious mismanagement” of the U.S. Immigration Courts: To crank out racially motivated rote denials of migrants’ rights, particularly in the asylum area. Then count on the corrupt Supremes’ majority and some complicit and cowardly U.S. Court of Appeals Judges to rubber stamp and enable this systematic and unconstitutional malfeasance.
    • Just think back to the dishonest and complicit role of the judiciary on both the Federal and State levels following Reconstruction and during the Jim Crow era. They were key participants in “weaponizing” the U.S. legal system against Black U.S. citizens and implicitly or explicitly encouraging, aiding, and abetting lynching, other extra-judicial killings, torture, other abuses, invidious discrimination, and systematic denial of legal and Constitutional rights.  
    • Go on over to the U.S. Holocaust Museum in Washington, D.C., and learn about the disgusting role of the German Judiciary in assisting, rather than resisting, Hitler and his anti-Semitic ethnic cleansing program. In many instances, the German judges actually appeared anxious to “Out Hitler” Hitler, shockingly, even when it came to persecuting their former Jewish judicial colleagues, suddenly converted to “non-person” status under Hitler’s edicts.
    • Don’t kid yourself! Led by the Supreme’s totally cowardly and disingenuous performance in Barr v. East Side Sanctuary Covenant, where even in the face of courageous dissents the majority didn’t deign to explain their extraordinary support for a bogus, White Nationalist, Anti-Hispanic program that clearly violates the law and the Constitution, the Supremes are well on their way to joining the Trump Administration’s “Dred-Scottification” Program (that is, conversion to “non-person status” of migrants). Hispanic Americans are next on the list, followed by African Americans (the “usual suspects” who never seem to have “gotten off the list”), LGBTQ citizens, women, and anybody else that doesn’t fit Trump’s announced program of minority White Nationalist rule.
    • Think it “can’t happen here?” Sorry, it already is happening — every day! And, that’s the “Bad News” for all of us and for our country!
    • “Women in X Country” is and always has been an obvious “particular social group” for which there is a well-established “nexus” to persecution in many countries that send us refugees. So, why its the U.S. Government and, to a large extent, the judiciary so disingenuously “dug in” against recognizing this very obvious, life-saving truth?
    • Now, let’s consider a brighter alternative:
      • We get better Government, including more honest, scholarly, fair, and courageous Federal Judges;
      • Matter of A-B- and other Trump-era xenophobic atrocities are withdrawn; 
      • Judge Hom’s decision and others like it, showing how asylum can be granted in deserving cases, are made binding precedents;
      • Asylum applicants are encouraged to apply in an orderly fashion at the U.S. border;
      • NGOs, pro bono groups, and Government lawyers work together cooperatively to identify asylum grants like this one and either 1) process them through the Asylum Office system, or 2) document and stipulate to the key legal and factual issues so that the cases can be efficiently moved forward and quickly granted by Immigration Judges without disrupting existing dockets;
      • Experience representing asylum seekers is given equal consideration with Government litigating experience in selecting Immigration Judges; 
      • Judicial candidates like Judge Hom, with experience on both sides of the aisle, and universal reputations for fairness and scholarship, are considered among the “best qualified” to become Immigration Judges;
      • Individuals with backgrounds like Judge Hom’s become Appellate Immigration Judges and ideally are eventually considered for Article III Judgeships;
      • Immigration Judges and Asylum Officers are given extensive training in asylum law by professors, NGO representatives, and clinicians with real expertise in determining asylum claims fairly;
      • Legitimate emergency situations are handled with the assistance of a well-trained corps of experienced volunteer retired judges from a variety of Federal and State court systems;
      • Due Process, fundamental fairness, and meticulous scholarship replace anti-immigrant bias and expediency as the goals and values of a newly independent Article I Immigration Court System;
      • It’s neither “rocket science” nor “pie in the sky.”
        • Truth is, the “better system” I just described could and should have been established under the Obama Administration if it had actually “practiced what candidate Obama preached;”
        • When it finally happens, it will be much cheaper (on a time-adjusted scale) than than the current immigration system involving failed courts, misdirected enforcement, cruel, unnecessary, expensive, and illegal “civil” detention, “show walls,” child separation, frivolous and semi-frivolous Government initiated litigation, and dozens of other “built to fail” gimmicks designed to deter migration through gross mistreatment rather than process would be migrants of all types fairly, reasonably, and efficiently. 
        • It’s now the mission and job of the “New Due Process Army” to succeed where we and past generations have so miserably failed!
        • Due Process Forever! The Trump Administration’s White Nationalism With Judicial & Congressional Enablers, Never!

PWS

09-19-19

BRET STEPHENS @ NYT: “Blessed Are The Refugees” — Damned Be Trump & His Cowardly Group Of Refugee Abusers & Their Enablers!

 

Bret Stephens
Bret Stephens
Opinion Columnist
NY Times

https://www.nytimes.com/2019/09/13/opinion/refugees-trump-america.html

A woman and her young daughter, no older than 6 or 7, are shopping for groceries in a corner store of a bombed-out city. It’s sometime around 1947. The war is over, the Germans are gone, the Gestapo is no longer hunting Jews. Some of their local henchmen have been imprisoned or shot. Many just took off their uniforms and returned to their former lives.

The mother speaks with the trace of a foreign accent. As she reaches for her wallet to pay, the grocer says: “Why don’t you people go back to where you came from?”

Where, precisely, would that even be? The woman had fled Moscow for Berlin as a girl, after the Bolsheviks came to power in 1917 and arrested her father, who was never to be heard from again. Later, when still in her twenties, she had fled Berlin for Milan, sometime between Hitler’s coming to power in 1933 and Mussolini’s enactment of the racial laws in 1938.

 

She and her daughter were citizens of no country, living under a made-up name. They had nowhere to return, no place to go, no way to stay, and nothing they could do about any of it. To go back to the Soviet Union would have been suicidal. Israel did not yet exist. Germany was out of the question. America’s doors were mostly shut.

This was the life of a refugee in postwar, pre-reconstructed Europe. It changed dramatically the following year, when Harry Truman signed the Displaced Persons Act, marking the first time that U.S. immigration policy became actively sympathetic to the utterly dispossessed.

Thanks to the law, mother and daughter arrived in New York on Nov. 13, 1950, with only $7 between them, but without the weight of fear on their backs.

What Truman did became precedent for decisions by subsequent administrations to admit other refugees: Some 40,000 Hungarians fleeing Soviet tanks after 1956 (including a young Andy Grove, later the C.E.O. of Intel); hundreds of thousands of Cubans fleeing Castro’s repression after 1959 (including a young Gloria Estefan); as many as 750,000 Soviet Jews fleeing persecution by a succession of Kremlin despots (including a young Sergey Brin).

There were so many others. More than a million Vietnamese, Laotians and Cambodians after the fall of Saigon. Hundreds of thousands of Iranians after Khomeini’s revolution. Over 100,000 Iraqis since the fall of Saddam Hussein. Similar numbers of Burmese. Altogether, some three million refugees have been welcomed by the U.S. since the Refugee Act of 1980, more than by any other country.

By almost any metric, America’s refugees tend to succeed, or at least their children do. Whatever they do to enrich themselves, they enrich the country a great deal more. Empirical data on immigrant success overwhelmingly confirm what common sense makes plain. People who have known tyranny tend to make the most of liberty. People who have experienced desperation usually make the most of opportunity. It’s mainly those born to freedom who have the knack for squandering it.

But beyond the material question of enrichment is the spiritual one of ennoblement. Of what can Americans be more proud than that we so often opened our doors to those for whom every other door was shut?

All of which makes this a moment of unique shame for the United States.

The Trump administration has made no secret of its xenophobia from its first days in office. The number of refugees arriving in the country plummeted from around 97,000 in 2016 to 23,000 in 2018. Last week, The Times reported that the White House was considering options to cut the numbers again by half, and perhaps even bring it down to zero.

As if to underscore the spirit of cruelty, the administration also declined to grant temporary protected status to Bahamians devastated by Hurricane Dorian. And the Supreme Court issued an order allowing for a new rule that effectively denies asylum protections for refugees arriving through a third country — a victory for executive authority when that authority is in the worst possible hands.

Critics of this column will almost certainly complain that the United States can’t possibly take everyone in — a dishonest argument since hardly anyone argues for taking in “everyone,” and a foolish argument since America will almost inevitably decline without a healthy intake of immigrants to make up for a falling birthrate.

Critics will also claim that “very bad people,” as Donald Trump likes to say, might take advantage of a generous asylum and refugee policy. Here again I’m aware of nobody advocating a “let-the-terrorists-come-too” immigration policy. Only a person incapable of kindness — a person like the president — can think that kindness and vigilance are incompatible, or that generosity is for suckers.

The mother and daughter whose story I told at the beginning of this column are, as you might have guessed, my own grandmother and mother. I thank God it was Harry Truman, not Donald Trump, who led America when they had nowhere else to turn.

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

There will be no America if Trumpism prevails, Bret.

PWS

09-14-19

SUPREME TANK: COMPLICIT COURT ENDS U.S. ASYLUM PROTECTIONS BY 7-2 VOTE — Endorses Trump’s White Nationalist Racist Attack On Human Rights & Eradication Of Refugee Act Of 1980 — On 09-11-19, Supremes Celebrate By Joining Trump’s Attack On America & Humanity! — Only Justices Ginsburg & Sotomayor Have Guts To Stand Up For Constitution & Rule Of Law!

Death On The Rio Grande
Supremes Sign Death Warrants For Vulnerable Refugees, Trash Refugee Act of 1980

19a230_k53l

Cite as: 588 U. S. ____ (2019) 1 SOTOMAYOR, J., dissenting
SUPREME COURT OF THE UNITED STATES
_________________
No. 19A230 _________________
WILLIAM P. BARR, ATTORNEY GENERAL, ET AL. v. EAST BAY SANCTUARY COVENANT, ET AL.
ON APPLICATION FOR STAY [September 11, 2019]
The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. The district court’s July 24, 2019 order granting a preliminary injunction and September 9, 2019 order restoring the nationwide scope of the injunction are stayed in full pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.
JUSTICE SOTOMAYOR, with whom JUSTICE GINSBURG joins, dissenting from grant of stay.
Once again the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution. Although this Nation has long kept its doors open to refugees—and although the stakes for asylum seekers could not be higher—the Government implemented its rule without first providing the public notice and inviting the public input generally required by law. After several organizations representing immi- grants sued to stop the rule from going into effect, a federal district court found that the organizations were likely to prevail and preliminarily enjoined the rule nationwide. A

2 BARR v. EAST BAY SANCTUARY COVENANT SOTOMAYOR, J., dissenting
federal appeals court narrowed the injunction to run only circuit-wide, but denied the Government’s motion for a complete stay.
Now the Government asks this Court to intervene and to stay the preliminary decisions below. This is an extraordinary request. Unfortunately, the Court acquiesces. Because I do not believe the Government has met its weighty burden for such relief, I would deny the stay.
The Attorney General and Secretary of Homeland Security promulgated the rule at issue here on July 16, 2019. See 84 Fed. Reg. 33829. In effect, the rule forbids almost all Central Americans—even unaccompanied children—to apply for asylum in the United States if they enter or seek to enter through the southern border, unless they were first denied asylum in Mexico or another third country. Id., at 33835, 33840; see also 385 F. Supp. 3d 922, 929–930 (ND Cal. 2019).
The District Court found that the rule was likely unlawful for at least three reasons. See id., at 938–957. First, the court found it probable that the rule was inconsistent with the asylum statute, 94 Stat. 105, as amended, 8 U. S. C. §1158. See §1158(b)(2)(C) (requiring that any regulation like the rule be“consistent”with the statute). Section 1158 generally provides that any noncitizen “physically present in the United States or who arrives in the United States . . . may apply for asylum.” §1158(a)(1). And unlike the rule, the District Court explained, the statute provides narrow, carefully calibrated exceptions to asylum eligibility. As relevant here, Congress restricted asylum based on the possibility that a person could safely resettle in a third country. See §1158(a)(2)(A), (b)(2)(A)(vi). The rule, by contrast, does not consider whether refugees were safe or resettled in Mexico—just whether they traveled through it. That blunt approach, according to the District Court, rewrote the statute. See 385 F. Supp. 3d, at 939– 947, 959.

Cite as: 588 U. S. ____ (2019) 3
SOTOMAYOR, J., dissenting
Second, the District Court found that the challengers would likely prevail because the Government skirted typical rulemaking procedures. Id., at 947–951. The District Court noted “serious questions” about the rule’s validity because the Government effected a sea change in immigration law without first providing advance notice and opportunity for public comment. Id., at 930; see also 5 U. S. C. §553. The District Court found the Government’s purported justifications unpersuasive at the preliminary-injunction stage. 385 F. Supp. 3d, at 948–951 (discussing statutory exceptions to notice-and-comment procedures).
Last, the District Court found the explanation for the rule so poorly reasoned that the Government’s action was likely arbitrary and capricious. See id., at 951–957; 5 U. S. C. §706. On this score, the District Court addressed the Government’s principal justifications for the rule: that failing to seek asylum while fleeing through more than one country “raises questions about the validity and urgency” of the asylum seeker’s claim, 84 Fed. Reg. 33839; and that Mexico, the last port of entry before the United States, offers a fea- sible alternative for persons seeking protection from persecution, id., at 33835, 33839–33840. The District Court examined the evidence in the administrative record and explained why it flatly refuted the Government’s assumptions. 385 F. Supp. 3d, at 951–957. A “mountain of evidence points one way,” the District Court observed, yet the Government “went the other—with no explanation.” Id., at 955.
After the District Court issued the injunction, the Ninth Circuit declined the Government’s request for a complete stay, reasoning that the Government did not make the required “ ‘strong showing’ ” that it would likely succeed on the merits of each issue. ___ F. 3d ___ (2019), 2019 WL 3850928, *1 (quoting Hilton v. Braunskill, 481 U. S. 770, 776 (1987)). Narrowing the injunction to the Circuit’s borders, the Ninth Circuit expedited the appeal and permitted

4 BARR v. EAST BAY SANCTUARY COVENANT SOTOMAYOR, J., dissenting
the District Court to consider whether additional facts would warrant a broader injunction. 2019 WL 3850928, *2– *3.
The lower courts’ decisions warrant respect. A stay pending appeal is “extraordinary” relief. Williams v. Zbaraz, 442 U. S. 1309, 1311 (1979) (Stevens, J., in chambers); see also Maryland v. King, 567 U.S. 1301, 1302 (2012) (ROBERTS, C. J., in chambers) (listing stay factors). Given the District Court’s thorough analysis, and the serious questions that court raised, I do not believe the Government has carried its “especially heavy” burden. Packwood v. Senate Select Comm. on Ethics, 510 U. S. 1319, 1320 (1994) (Rehnquist, C. J., in chambers). The rule here may be, as the District Court concluded, in significant tension with the asylum statute. It may also be arbitrary and capricious for failing to engage with the record evidence contradicting its conclusions. It is especially concerning, moreover, that the rule the Government promulgated topples decades of settled asylum practices and affects some of the most vulnerable people in the Western Hemisphere—without affording the public a chance to weigh in.
Setting aside the merits, the unusual history of this case also counsels against our intervention. This lawsuit has been proceeding on three tracks: In this Court, the parties have litigated the Government’s stay request. In the Ninth Circuit, the parties are briefing the Government’s appeal. And in the District Court, the parties recently participated in an evidentiary hearing to supplement the record. In- deed, just two days ago the District Court reinstated a na- tionwide injunction based on new facts. See East Bay Sanc- tuary Covenant v. Barr, No. 4:19–cv–4073, Doc. 73 (ND Cal., Sept. 9, 2019). Notably, the Government moved to stay the newest order in both the District Court and the Ninth Circuit. (Neither court has resolved that request, though the Ninth Circuit granted an administrative stay to allow further deliberation.) This Court has not considered

Cite as: 588 U. S. ____ (2019) 5
SOTOMAYOR, J., dissenting
the new evidence, nor does it pause for the lower courts to resolve the Government’s pending motions. By granting a stay, the Court simultaneously lags behind and jumps ahead of the courts below. And in doing so, the Court side-steps the ordinary judicial process to allow the Government to implement a rule that bypassed the ordinary rulemaking process. I fear that the Court’s precipitous action today risks undermining the interbranch governmental processes that encourage deliberation, public participation, and transparency.
***
In sum, granting a stay pending appeal should be an “extraordinary” act. Williams, 442 U. S., at 1311. Unfortunately, it appears the Government has treated this exceptional mechanism as a new normal. Historically, the Government has made this kind of request rarely; now it does so reflexively. See, e.g., Vladeck, The Solicitor General and the Shadow Docket, 133 Harv. L. Rev. (forthcoming Nov. 2019). Not long ago, the Court resisted the shortcut the Government now invites. See Trump v. East Bay Sanc- tuary Covenant, 586 U. S. ___ (2018). I regret that my colleagues have not exercised the same restraint here. I respectfully dissent.

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Justice Sotomayor’s dissent says it all, but, alas, in vain.

09-11-19 will be remembered as the day that justice, human rights, and human decency died in America!

Shame on Justices Breyer and Kagan for “going along to get along” with the dismantling of the Refugee Act of 1980. The “blood of the innocents” will be on their hands and the hands of their five colleagues.

The “Dred Scottification” (or “dehumanization”) of immigrants, Latinos, and other minorities that Justice Breyer once predicted, yet lacked the guts to speak out against in this case, is now in full swing. It will increase unabated, now that the Supremes’ sellout to authoritarian racism is assured. And don’t expect “Moscow Mitch” and his gang of toadies to put up any opposition.

The American justice system has been dismantled. But history will remember the roles of each of those “Black Robed Cowards” who participated in its demise.

With this atrocious decision, the Supremes have basically made themselves irrelevant to the battle for fairness and individual rights under the Constitution. As I have suggested before, self-created irrelevance might come back to haunt them.

PWS

09-11-19

 

 

18 YEARS AFTER 09-11, THE “BAD GUYS” ARE WINNING THE BATTLE TO DESTROY AMERICAN JUSTICE & SPLIT THE COUNTRY! — Here’s The Disturbing Proof Of What Passes For “Justice” In America Today!

18 YEARS AFTER 09-11, THE “BAD GUYS” ARE WINNING THE BATTLE TO DESTROY AMERICAN JUSTICE & SPLIT THE COUNTRY! — Here’s The Disturbing Proof Of What Passes For “Justice” In America Today!

https://apple.news/ATepJTbYUSAaVGl8T7Cqh6Q

Maria Pitofsky
Maria Pitofsky
American Journalist

Marina Pitofsky reports in The Hill:

Immigration judge told 2-year-old to be quiet or a dog would ‘bite you’: report

An immigration judge reportedly threatened a Guatemalan child who was making some noise that a “very big dog” would “come out and bite you” if the undocumented immigrant did not quiet down, according to a report by Mother Jones.

The boy was in the courtroom with his mother for an immigration hearing in March 2016 when the threat happened, Mother Jones reported, citing testimony from an independent observer present at the court.

“I have a very big dog in my office, and if you don’t be quiet, he will come out and bite you,” Judge V. Stuart Couch reportedly told the child, according to an affidavit signed by Kathryn Coiner-Collier.

Coiner-Collier was a coordinator for a Charlotte, N.C.-area legal advocacy group that assisted migrants who could not afford attorneys.

 “Want me to go get the dog? If you don’t stop talking, I will bring the dog out. Do you want him to bite you?” the judge continued to tell the boy during the hearing, according to Mother Jones.

Couch later asked Coiner-Collier to carry the boy out of the courtroom and sit with him, she told Mother Jones.

The judge reportedly told Coiner-Collier that he had threatened other children but that it appeared not to be working with this particular child.

Coiner-Collier said she immediately wrote the affidavit after the case, and in a message to the mother’s attorney in 2017, she wrote “I have never lost my composure like I did that day. … I was … red in the face sobbing along with [the boy’s mother.]”

Coiner-Collier also accused Couch of turning off the courtroom’s recording device as he threatened the child, whom she described as being 2 years old even though the judge said he was 5.

The child and her mother appeared again in front of Couch in August 2017, but the case was eventually reassigned. The new judge denied their asylum claim, according to Mother Jones. They are appealing the case.

Couch and five other judges were promoted in August to the Justice Department’s Board of Immigration Appeals.

The Hill has reached out to the Justice Department’s Executive Office for Immigration Review for comment.

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https://apple.news/AnmnbegntRTqguvX-bYCn8g

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

Meanwhile, back at the ranch, NBC News/AP Reports:

Rollout of ‘soul crushing’ Trump immigration policy has ‘broken the courts’

On the day she was set to see a U.S. immigration judge in San Diego last month, Katia took every precaution.

After waiting two months in Mexico to press her case for U.S. asylum, the 20-year-old student from Nicaragua arrived at the border near Tijuana three hours before the critical hearing was scheduled to start at 7:30 a.m.

But border agents didn’t even escort her into the U.S. port of entry until after 9 a.m., she said, and then she was left stranded there with a group of more than a dozen other migrants who also missed their hearings.

“We kept asking what was going on, but they wouldn’t tell us anything,” said Katia, who asked to be identified by her first name only for fear of jeopardizing her immigration case.

Bashir Ghazialam, a lawyer paid for by Katia’s aunt in the United States, convinced the judge to reschedule her case because of the transportation snafu. Later, staff at the lawyer’s office learned that at least two families in the group were ordered deported for not showing up to court.

Since it started in January, the rollout of one of the most dramatic changes to U.S. immigration policy under the Trump administration has been marked by unpredictability and created chaos in immigration courts, according to dozens of interviews with judges and attorneys, former federal officials and migrants.

The program – known as the “Migrant Protection Protocols” (MPP) – has forced tens of thousands of people to wait in Mexico for U.S. court dates, swamping the dockets and leading to delays and confusion as judges and staff struggle to handle the influx of cases.

In June, a U.S. immigration official told a group of congressional staffers that the program had “broken the courts,” according to two participants and contemporaneous notes taken by one of them. The official said that the court in El Paso at that point was close to running out of space for paper files, according to the attendees, who requested anonymity because the meeting was confidential.

Theresa Cardinal Brown, a former Department of Homeland Security official under presidents Barack Obama and George W. Bush, said the problems are “symptomatic of a system that’s not coordinating well.”

“It’s a volume problem, it’s a planning problem, it’s a systems problem and it’s an operational problem on the ground,” said Brown, now a director at the Bipartisan Policy Center think tank. “They’re figuring everything out on the fly.”

U.S. Customs and Border Protection (CBP) estimated that 42,000 migrants had been sent to wait in Mexico through early September. That agency and the Executive Office for Immigration Review (EOIR), which runs the nation’s immigration courts, referred questions about the program’s implementation to the Department of Homeland Security (DHS), which did not respond to requests for comment.

Huge surge, few courts

The disarray is the result of a surge in migrants, most of them Central Americans, at the U.S. southern border, combined with the need for intricate legal and logistical arrangements for MPP proceedings in a limited number of courts – only in San Diego and El Paso, initially. Rather than being released into the United States to coordinate their own transportation and legal appearances, migrants in MPP must come and go across the border strictly under U.S. custody.

Some migrants have turned up in court only to find that their cases are not the system or that the information on them is wrong, several attorneys told Reuters. Others, like Katia, have received conflicting instructions.

According to court documents seen by Reuters, Katia’s notice to appear stated that her hearing was at 7:30 a.m., while another paper she received said she should arrive at the border at 9 a.m., well after her hearing was set to start. She decided to show up at the border before dawn, according to staff in her lawyer’s office. Still, she wasn’t allowed into the border facility until hours later. Ultimately she was never bussed to the San Diego court and was told her case was closed – a fate she was able to avoid only after frantically summoning her lawyer, Ghazialam, to the border.

Most migrants in MPP – including the two families who were deported from her group at the port of entry – do not have lawyers.

In open court, judges have raised concerns that migrants in Mexico – often with no permanent address – cannot be properly notified of their hearings. On many documents, the address listed is simply the city and state in Mexico to which the migrant has been returned.

Lawyers say they fear for the safety of their clients in high-crime border cities.

A Guatemalan father and daughter were being held by kidnappers in Ciudad Juarez at the time of their U.S. hearings in early July but were ordered deported because they didn’t show up to court, according to court documents filed by their lawyer, Bridget Cambria, who said she was able to get their case reopened.

Adding to uncertainty surrounding the program, the legality of MPP is being challenged by migrant advocates. An appellate court ruled here in May that the policy could continue during the legal battle, but if it is found ultimately to be unlawful, the fate of the thousands of migrants waiting in Mexico is unclear. A hearing on the merits of the case is set for next month.

‘Unrealistic’ numbers

When the MPP program was announced on December 20, then-Homeland Security Secretary Kirstjen Nielsen said one of its “anticipated benefits” would be cutting backlogs in immigration courts.

In the announcement, the agency said sending migrants to wait in Mexico would dissuade “fraudsters” from seeking asylum since they would no longer be released into the United States “where they often disappear” before their hearing dates.

But the immediate impact has been to further strain the immigration courts.

A Reuters analysis of immigration court data through Aug. 1 found judges hearing MPP cases in El Paso and San Diego were scheduled for an average of 32 cases per day between January and July this year. One judge was booked for 174 cases in one day.

“These numbers are unrealistic, and they are not sustainable on a long-term basis,” said Ashley Tabaddor, head of the national immigration judge’s union.

To reduce the backlog, DHS estimates the government would need to reassign more than 100 immigration judges from around the country to hear MPP cases via video conferencing systems, according to the attendees of the June meeting with congressional staff.

Kathryn Mattingly, a spokeswoman for EOIR, said that the rescheduling was necessary to deal with the substantial volume of recent cases.

All told, the courts are now struggling with more than 930,000 pending cases of all types, according to EOIR.

As of August 1, 39% of the backlog in the San Diego court and 44% of the backlog in the El Paso court was due to MPP case loads, Reuters analysis of immigration court data showed.

Despite concerns over the system’s capacity, the government is doubling down on the program.

In a July 26 notification to Congress, DHS said it would shift $155 million from disaster relief to expand facilities for MPP hearings, and would need $4.8 million more for transportation costs. DHS said that without the funding “MPP court docket backlogs will continue to grow.”

Tent courts are set to open this month in Laredo and Brownsville, Texas, and so far more than 4,600 cases have been scheduled there to be heard by 20 judges, according to court data.

In Laredo, 20 to 27 tent courtrooms will provide video conferencing equipment so judges not based at the border can hear cases remotely, said city spokesman Rafael Benavides.

Brownsville’s mayor Trey Mendez said last month that about 60 such courtrooms were likely to be opened, though he had few details. City manager Noel Bernal told Reuters that communication with the federal government about the plans has been “less than ideal.”

‘Desperate people’

At her next hearing in San Diego in mid-September, Katia hopes to tell a judge how her participation in student demonstrations made her a target of government supporters.

Meanwhile, she said, she is living with her parents and 10-year-old brother in a fly-infested apartment with broken plumbing outside Tijuana.

The whole group is seeking asylum because of their support for the protests, according to Katia, her mother Simona, her lawyers, as well as court documents.

Recently, family members said they witnessed a shootout on their corner and Katia’s brother is now waking up with night terrors.

“They are playing games with the needs of desperate people,” said Simona, 46, who like Katia requested the family’s last names be withheld to avoid harming their case. “It’s soul crushing.”

Follow NBC Latino on Facebook, Twitter and Instagram

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Of course, Judge Couch is already well-known for his bias and hostility toward asylum seekers, particularly abused women. Why else would he have been “promoted” to the position of “Appellate Immigration Judge” by “Billy the Sycophant” Barr? Obviously, the idea is to promote bias and “worst practices” as the “nationwide norm.”

And we never should forget the spineless ineptness and complicity of Congress and the Article III Courts who are watching this travesty unfold every day while essentially looking the other way. Guess that as long as it’s somebody else “in the woodshed” these dudes can “tune out” the screams of the dehumanized. But, chances are when it’s finally their rights (or the rights of someone they “care about”) at stake, there will be nothing left of our legal and Constitutional system to protect them. 

Indeed, the lawless and unconstitutional “Let ‘Em Die in Mexico Program” described here is largely the responsibility of the “above the fray” Judges of the Ninth Circuit Court of Appeals who have permitted this intentionally abusive and dehumanizing program to torment refugees and their representatives with impunity.

Disgustingly, these life-tenured judges and elected representatives are lining themselves up squarely with the forces of White Nationalism and overt racism, folks like Neo-Nazi Stephen Miller.

The judicial and Congressional complicity in the abuse and torment of the most vulnerable among us and their wanton disregard for the Constitution they swore to uphold will not go unnoticed by history. This, indeed, is how democracies die and the “bad guys of the world” win. 

PWS

09-11-19

RETIRED MILITARY LEADERS SPEAK OUT AGAINST TRUMP’S WANTON DESTRUCTION OF U.S. RFUGEE PROGRAM — “When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.”

Admiral Robert J. Natter
United States Navy Official photo of ADM (Line) [Now Retired] Robert J. Natter, Deputy Chief of Naval Operations for Plans, Policy and Operations N3/N5. As of August 1999.
Lt. Gen. Mark P. Hertling
Lt. Gen. (Ret.) Mark P. Hertling
U.S. Army

 

https://www.washingtonpost.com/opinions/2019/09/08/cutting-refugee-admissions-will-have-severe-consequences-us-military/

Admiral (Ret.) Robert J. Natter & Lt. General (Ret.) Mark P. Hertling write in WashPost:

Robert J. Natter is a retired U.S. Navy admiral who served as commander of the U.S. Atlantic Fleet and U.S. Fleet Forces from 2000 to 2003. Mark P. Hertling is a retired lieutenant general who served as commanding general of U.S. Army Europe from 2011 to 2012.

America was founded as a safe haven to persecuted people and a beacon of hope, liberty and freedom to people around the world. Those themes reflect our values, and the welcoming of refugees to our shores is one of our proudest legacies and a fundamental part of who we are as a nation.

As military leaders, we spent nearly four decades defending these values. But today, a core American legacy is at risk, as the Trump administration is reportedly considering issuing severe, unprecedented cuts — potentially even zeroing out — the bipartisan U.S. Refugee Admissions Program, the established legal means of entry for these deserving people.

This week, we joined a group of 27 retired generals and admirals — all of whom have been operational leaders in military conflicts and exhibited courage in defending our values on the battlefield — in writing to President Trump expressing grave concerns about the direction of this vital program.

That’s because for many of us, welcoming refugees is not just a matter of smart policy and a reflection of our national values; it is also personal. Many of us know these refugees: They worked for and with us in our fight against terrorists and insurgents. The tangible and significant improvements we were able to make in the lives of millions as well as efforts to protect our own soldiers, sailors and Marines would not have been possible without the dedicated efforts of thousands of Iraqi and Afghan interpreters, logisticians, engineers and others.

Many of those individuals were targeted because of their assistance to us. They and their families have often been threatened for working with coalition forces, yet they bravely continued in their service at every level from translating conversations at the infantry squad level to contributing to task-force-level diplomatic missions. They may claim different cultures and speak different languages, but they have all put their lives on the line along with our citizens as part of our team.

Many of our partners continue to live in fear, given the continued hazardous situations in various parts of the world. In Iraq alone, more than 100,000 await entry to the United States. We promised our Iraqi partners support and safety when they were shoulder to shoulder with us fighting a despicable enemy. If today we turn these people away, or reduce the numbers who are allowed entry, it will be extremely difficult to ask others to assist us in the future.

Providing safety to people who assist American troops is a core function of our refugee program, but it does not stop there. We are living in a moment of unprecedented global displacement. Of the nearly 26 million refugees across the globe, most are hosted by low- and middle-income countries bordering the unstable areas that people are fleeing. A small proportion of the most vulnerable — less than 5 percent — are selected for resettlement. In addition to humanitarian assistance, resettling refugees is a concrete way that the United States offers support to these countries, while also strengthening regional stability and reducing the risk that people will be forced to return to conflict zones.

We know firsthand that both the humanitarian and strategic consequences of conflicts in Iraq, Syria, the Balkans and East and West Africa would be much worse had neighboring countries closed their borders. We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.

When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.

Over the past 40 years, the United States has welcomed about 3 million refugees from around the world who have gone on to contribute to and strengthen this country in immeasurable ways. The average refugee admission level across both Republican and Democratic administrations is 95,000 annually. Yet in the last two years, admissions have plummeted 75 percent.

In the next two weeks, the president will decide how many refugees we will admit in 2020. That decision will determine whether we uphold America’s legacy as a haven for the persecuted, and it will send a powerful message to the world about who we are as a people. We strongly recommend that this lifesaving humanitarian program be restored to historic bipartisan-supported levels.

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“We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.”

So much for the Trump Administration’s “solution” of returning refugees and other forced migrants to danger zones in their own countries or to countries that are equally or more dangerous. Killing and abusing forced migrants through improper returns and “deterrents” intended to make them “die in place” is reminiscent of other types of “final solutions” that were disastrous for humanity. Only, this time, the U.S. is the “leader of the pack” downward rather than one of those fighting to save humanity.  

A thoroughly cowardly performance by Trump and his White Nationalist gang.

Also, for the more than four decades I have been involved in immigration and refugee issues, overseas refugee admissions have received overwhelming bipartisan support. What has happened to the GOP which suddenly has “swallowed the whistle” in the face of Trump’s cowardly White Nationalism?

It appears that retired military leaders, like former U.S. Immigration Judges, can make a “full time job” out of speaking out against the stupid, counterproductive, and inhumane policies of the Trump Administration.

PWS

09-10-19

BJORKLUNDEN REPORT, PART I: “American Immigration: A Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issues Dominating Our National Dialogue”

BJORKLUNDEN REPORT, PART I: “American Immigration: A Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issues Dominating Our National Dialogue”

 

I had the pleasure of co-teaching this course with my good friend Professor Jennifer Esperanza of the Beloit College Anthropology Department. The venue was Lawrence University’s amazing Northern Campus, known as Bjorklunden, on the wildly beautiful shores of Lake Michigan in Door County, Wisconsin, from August 4-9, 2019. This was a “derivative” of an immigration component of a summer session of Jenn’s class for undergraduates at Beloit. This time we had a group of 15 enthusiastic, well-informed post graduate students from a variety of professional backgrounds.

 

Here’s what we set out to achieve:

 

 

 Class Description:

All Americans are products of immigration. Even Native Americans were massively affected by the waves of European, involuntary African-American, Asian, and Hispanic migration. Are we a nation of immigrants or a nation that fears immigration? Should we welcome refugees or shun them as potential terrorists? Do we favor family members or workers? Rocket scientists or maids and landscapers? Build a wall or a welcome center? Get behind some of the divisive rhetoric and enter the dialogue in this participatory class that will give you a chance to “learn and do” in a group setting. Be part of a team designing and explaining your own immigration system.

Class Objectives:

  • _Understand how we got here;
  • _Understand current U.S. immigration system and how it is supposed to work;
  • _Learn more about the various lived experiences of immigrants and refugees through their personal stories and ethnographic accounts
  • _Develop tools to become a participant in the ongoing debate about the future of American immigration;
  • _Get to know a great group of people, enjoy Door County, and have some fun in and out of class

 

 

Here are our “five major themes:”

 

Day 1: An Introduction to Immigration (From the Top Down and the Bottom Up)

Highlight: Getting the “immigration histories” of the participants

 

Day 2:  Labor Migration: Push/Pull Factors

Highlight: Stories and examples of the “hard-work culture” created by various groups of hard-working immigrants to the U.S. both documented and undocumented with a particular emphasis on the culture created by Hispanic restaurant workers

Day 3: “Making Home”

Highlight: Watching and discussing NPR broadcast on German immigrants in rural Wisconsin which related directly to the family histories of many of us in the class (including me)

 

Day 4: “Well Founded Fear”

Highlights: Jenn’s live storytelling performance of her own family immigration experience, watch on Youtube here:  https://www.youtube.com/watch?v=OEODrtuj_Pk&t=323s

My coverage of the entirety of refugee history and modern U.S. refugee and asylum laws in 70 minutes (favorite student comment/compliment: “I expected this to be deadly, but it wasn’t.”)

 

Day 5: Contemporary Issues: The Future of Immigration, Refuges, & Asylum

Highlight: The class presentations of the famous (or infamous) “Mother Hen v. Dick’s Last Resort” “Build Your Own Refugee System” Exercise

 

Here’s the complete Course Outline (although admittedly we varied from this when necessary):

Bjorklunden 2019 Syllabus_American Immigration

 

Here’s my “Closing Statement:”

 

“CLOSING STATEMENT”

Lawrence University

Bjorklunden Campus

Bailey’s Harbor, WI

August 9, 2019

 Jenn and I thank you for joining us. We’ve had our “Last Supper” and our “Final Breakfast” here at beautiful Bjorklunden. That means that our time together is ending.

 In five days, we have completed a journey that began on Monday with hunter-gatherers in Africa thousands of years ago, and ends inside today’s headlines about ripping apart families in Mississippi and trying to develop better approaches to refugees: individuals who are an integral part of the human migration story as old as man, and who will not be stopped by walls, prison cells, removals, or cruel, inhuman, and degrading treatment or rhetoric from our so-called “leaders.” On the way, we wound through our own rich immigration heritages and personal stories about how migration issues continue to shape our lives, including, of course, bringing this wonderful group together in the first place.

 Jenn shared with you some very personal stories about her own family’s recent immigration experiences and how it shaped, and continues to mold her own life and future.  I introduced you, at least briefly, to a key part of my own life, the U.S. Immigration Court, the retail level of our immigration system, where “the rubber meets the road” and where the maliciously incompetent actions of unqualified politicos have created “Aimless Docket Reshuffling” and made a bad joke out of the precious Constitutional right to Due Process under law for all in the U.S. regardless of status or means of arrival.

 Our lively class discussions have not been “merely academic,” but real and practical.  We have discussed real life scenarios literally “ripped from today’s headlines,” involving real people and real human dilemmas, including the challenges facing those whose job it is to ensure that justice is served.  Although this class is done, the learning, the intense human drama, and the “living theater” of American immigration will continue.

 Jenn and I have enjoyed working with all of you over this week. The past five days have certainly been a high point for us this summer.

 We have communicated our shared values of fairness, scholarship, timeliness, respect, and teamwork!  And, we hope that our ability to bond and bridge generational, age, academic, gender, professional, cultural, and geographic gaps to bring you this learning experience has served as a “living example” of how those shared values play out in “real life.”

 For me and others like me, our “time on the stage” is winding down. Others, like Jenn and Chuck, are still very much engaged in the production. Still others, like Mary’s inspiring grandchildren, Jenn’s boys, and my eight grandchildren, are “waiting in the wings” to take the stage and assume their full roles in the ongoing drama of human history.

 Our hope and challenge for each of you is that no matter where you are in the process of lifelong learning and doing, you will reach your full potential as informed, caring, and compassionate human beings, and that you will continue to strive to make our world a better place!  We also hope that something that you have learned in this class will make a positive difference in your life or the life of someone you care about.

 Thanks again for inviting us into your lives, engaging, participating, and sharing. Journey forth safely, good luck, and may you do great things in all phases of life!

 

Here’s our “Class Photo” taken on the deck outside the Lakeside Seminar Room where we met:

Left to right: Steve Handrich, Judge Charlie Schudson, Nancy Behrens, Mary Poulson, Jeff Riester (fellow LU ’70), Chuck Meissner, Genie Meissner, Chuck Demler (LU ’11, Associate Director of Major and Planned Giving), Greta Rogers, Me, Professor Jennifer Esperanza (Beloit College), Renee Boldt, Susan Youngblood, Chris Coles, Cynthia Liddle, Fred Wileman (my cousin), Mary Miech

Here are some shots of Bjorklunden:

Bjorklunden
Bjorklunden — A Different World
Bjorklunden Lodge
Bjorklunden Lodge
Bjorklunden -- Lake Michigan South
Looking South Along Lake Michigan Shore
Naturalist Jane
Exploring the Ice Age With “Naturalist Jane”
Lake Michigan North
AM on Lake Michigan Looking North Toward Bailey’s Harbor
Moon Over Lake Michigan
Moon Over Lake Michigan
Looking East
Looking East

And, this is Jenn and me conducting our “exit session” @ the Door County Brewing Co. in Bailey’s Harbor:

Jenn & Paul
“Oh, the beauty of exam-free teaching!”

Thanks again to Mark Breseman (LU ’78), Executive Director; Kim Eckstein, Operations Manager; Alex Baldschun, Assistant Director; Jeff Campbell, Head Chef; Mark Franks, General Maintenance Mechanic; Lynda Pietruszka, Staff Assistant/Weekend Program Manager, and, of course, the amazing, brilliant, personable, and talented LU student staff at Bjorklunden for taking care of our every need and making everything work.

The student staff basically runs the place from an operational standpoint. While many universities brag about their hotel and hospitality management programs, as far as I could see the student staff at Lawrence was getting great “hands on” experience and training in hospitality management from the ground up. How do I know? Well, in the “corporate phase” of my career, I represented some of the largest international hotels and hospitality corporations in the world. The “hands on” training that these students were getting appeared to be very comparable to those of well-known hotel management programs and just the type of skills that major hotel chains are always looking for in their executives and managers.

Special thanks to Alex and Kim, for emergency copying and technical services; to Kim for showing me the only “Level 2” Electric Vehicle Charger in Bailey’s Harbor (I’ve recommended that as a proudly eco-friendly institution Lawrence install Level 2 EV Chargers and dedicated plugs for Level 1 EV Chargers in convenient locations on both the Appleton and Northern Campuses); to Jeff for giving me tasty vegan options for every meal; and to Lynda and Mark Franks for their general cheerfulness and  “can do” attitude. I also appreciate the student staff who resided on my corridor for putting up with my constant whistling.

I thank Chuck Demler for getting me involved in the Bjorklunden teaching program. I am indebted to Jeff Riester for not sharing his recollections (if any) of our time together as undergraduates at Lawrence with particular reference to our two terms at the Lawrence Overseas Campus then located in Boennigheim, Germany.

Finally, thanks to my good friend and professional teaching colleague Professor Jenn Esperanza of Beloit College (who also happens to be “best buds” with my daughter Anna and her husband Daniel, a fellow Professor at Beloit College) for undertaking this adventure together and being willing to share so much of her very moving and relatively recent personal experiences with immigration and being part of the “American success story.” Jenn and I appreciated the enthusiastic participation of all the members of our group and their signing up for our class.

 

Due Process Forever!

 

PWS

 

08-21-19

 

 

 

 

 

 

 

TRUMP, MILLER, & “COOCH COOCH” ARE AS INTELLECTUALLY DULL AS THEY ARE RACIST — “USEFUL IDIOTS” PROVE NO MATCH FOR SMART WOMEN: CNN’S ERIN BURNETT, HUFFPOST’S SARAH RUIZ-GROSSMAN, HISTORIAN ANNIE POLLAND, & VANITY FAIR’S BESS LEVIN — No Wonder The Administration’s  Malicious Incompetents Surround Themselves With (Mostly Old White Male) Folks Who Might Be Even Dumber (But Not More Vile) Than They Are!

Erin Burnett
Erin Burnett
CNN Anchor
Erin Burnett OutFront 

Watch Erin eviscerate “Coach Cooch” — talk about debunking many of Trump’s flse narritives and blatant racist lies in one short piece:

https://apple.news/AzfXx6N_GTA-c-0HtLeBxmQ

 

Sarah Ruiz-Grossman
Sarah Ruiz- Grossman
News & Politics Reporter
Huffington Post
Annie Polland
Annie Polland
Historian & Executive Director
American Jewish Historical Society, NY

Read Sarah’s report of the mismatch, featuring American Jewish Historical Society’s Historian Annie Polland:

 

https://www.huffpost.com/entry/ken-cuccinelli-statue-liberty-poem-about-europe_n_5d535ed3e4b05fa9df0671ee

 

POLITICS 

  7 hours ago

Ken Cuccinelli: Statue Of Liberty Poem About ‘People Coming From Europe’

Trump’s citizenship and immigration chief followed up his earlier comments about the famous Emma Lazarus poem with a racist clarification.

Content loading…

Ken Cuccinelli, the Trump administration’s acting head of U.S. Citizenship and Immigration Services, reinforced his controversial interpretation of the inscription on the Statue of Liberty ― this time giving it a racist twist.

CNN journalist Erin Burnett was asking Cuccinelli about his earlier interview with NPR, in which he reworded the Emma Lazarus poem “The New Colossus,” saying: “Give me your tired and your poor who can stand on their own two feet, and who will not become a public charge.”

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“‘Wretched,’ ‘poor,’ refuse’ – right? That’s what the poem says America is supposed to stand for. So what do you think America stands for?” Burnett asked Cuccinelli.

“Well, of course, that poem was referring back to people coming from Europe,” Cuccinelli answered, “where they had class-based societies, where people were considered wretched if they weren’t in the right class … And it was written one year after the first federal public charge rule was written.”

It is unclear why Cuccinelli felt the need to specify the group of immigrants Lazarus was referring to. The poem itself describes the Statue of Liberty by saying, “From her beacon-hand/ Glows world-wide welcome.” USCIS did not immediately respond to HuffPost’s request for comment.

Cuccinelli was on NPR defending the Trump administration’s controversial new rule effectively barring legal immigrants who are on government benefits, like food stamps and Medicaid, from becoming permanent residents.

Josh Marshall

@joshtpm

 

 

Lotsa folks asking for longer version of this cuccinelli clip. Here it is.

346

7:36 PM – Aug 13, 2019

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After his remarks on NPR, HuffPost spoke to Annie Polland, a historian and director of the organization that has the original manuscript of Lazarus’ poem.

“To see how something so expressive of the country’s greatest ideals, to see how it could be so contorted or distorted, is really, I think, dismay is the only word,” said Polland, the executive director of the American Jewish Historical Society in New York, adding that she was “not surprised because we’ve been hearing these sentiments more than we have in the past.”

Lazarus originally wrote the poem in 1883 and it was added to the statue in 1903. Since then, the poem has become a symbol of the United States’ history of immigration.

Polland argued that the poem “is as much about who America or what America should be, as it is about immigrants,” adding that “in many ways, America defines itself by how it’s welcoming immigrants.”

 

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

And, speaking of “evisceration,” perhaps no pundit in American does it better than Vanity Fair’s Bess Levin, who as had “Don the Cons’s “number “dialed up” from the get-go:

https://www.vanityfair.com/news/2019/08/ken-cuccinelli-statue-of-liberty

Lady Liberty

TRUMP OFFICIAL REWRITES STATUE OF LIBERTY POEM TO REFLECT TRUMP’S “NO POORS” POLICY

Ken Cuccinelli doesn’t think the whole “give me your tired, your poor” business applies anymore.

BY

BESS LEVIN

AUGUST 13, 2019

BY WIN MCNAMEE/GETTY IMAGES.The base of the Statue of Liberty famously displays the words of Emma Lazarus, “Give me your tired, your poor, your huddled masses yearning to breathe free.” But, if Donald Trump’s top immigration official had it his way, the poem would be revised to reflect the president’s “rich immigrants only” policy.

Speaking to NPR on Tuesday, the day after the administration unveiled a new rule that will penalize green card applicants for “financial liabilities” like having a low credit score or using Medicaid, Ken Cuccinelli, acting director of U.S. Citizenship and Immigration Services, was asked if Lazarus’s poem, “The New Colossus,” remains “part of the American ethos.” To which Cuccinelli offered some suggested edits inspired by the executive branch’s take on who should or shouldn’t be allowed to live in the United States. “They certainly are,” Cuccinelli said. “Give me your tired and your poor—who can stand on their own two feet and who will not become a public charge.”

Aaron Rupar

@atrupar

 

 

Here’s acting USCIS director Ken Cuccinelli saying on NPR this morning that the Statue of Liberty plaque should be changed to read, “give me your tired and your poor who can stand on their own two feet, and who will not become a public charge.”

8,535

8:31 AM – Aug 13, 2019

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One day prior, Cuccinelli had told reporters at the White House that he was “certainly not prepared to take anything down off the Statue of Liberty,” though apparently, having slept on it, he’s now up for some kind of appendage. During his interview with NPR, Cuccinelli noted that the plaque bearing Lazarus’s words “was put on the Statue of Liberty at almost the same time as the first public charge was passed—very interesting timing.” It’s not at all clear what point he thought he was making.

WATCH NOW: 

Jon Favreau Breaks Down The Lion King’s Opening Scene

 

Despite having zero actual experience in immigration policy, Cuccinelli was hired in May thanks to previous work sponsoring bills that tried to repeal birthright citizenship and would force employees to speak English in the workplace. (Had the latter passed, we assume Cuccinelli would have proposed revising the Statue of Liberty’s poem to read, “Speak English, bitch.”) In 2013, his mother told the Washington Post that as Christians, the Cuccinellis raised their children to “care [for] the poor” and that “if someone is starving, you want to bring him a meal, not a book on how to cook,” lessons her son apparently forgot. (Speaking of his Christian values, Cuccinelli has said that homosexuality “brings nothing but self-destruction, not only physically but of their soul.”)

This isn’t the first time a member of the Trump administration has cast aspersions on the whole “give me your tired, your poor,” business. Back in 2017, Stephen Miller, the president’s chief white rage officer, told Jim Acosta that he didn’t give a shit about the poem because it “was added later and is not part of the original Statue of Liberty.”

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We are “governed” by evil racist fools. It’s up to the “The Due Process Army” and others to defend America and American ideals from these ignorant, yet existentially dangerous, White Nationalist racists!

 

PWS

08-14-19

 

 

 

 

 

“DUH” ARTICLE OF THE DAY: Eugene Robinson @ WashPost: “Trump’s claim that he supports legal immigration turns out to be a lie”

https://www.washingtonpost.com/opinions/trumps-claim-that-he-supports-legal-immigration-turns-out-to-be-a-lie/2019/08/12/66f09920-bd32-11e9-b873-63ace636af08_story.html

Eugene Robinson
Eugene Robinson
Opinion Columnist
Washington Post

The erratic Trump administration has had just one consistent policy principle, one guiding North Star: punitive and often sadistic treatment of nonwhite immigrants.

President Trump’s claim that he supports legal immigration, as opposed to the undocumented “invasion” he rails against, turns out to be — big surprise — a lie. On Monday, the administration proved its antagonism toward those who “stand in line” and “come in the right way” by issuing a new rule forcing many legal immigrants to make an impossible choice: accept needed government benefits to which they are fully entitled, or preserve their chances of obtaining permanent residence.

Say you’re an immigrant from Mexico who came here legally to join family members who are already permanent residents or citizens. Say you’re working a full-time minimum-wage job, plus odd jobs nights and weekends. You are a productive member of society. You are paying payroll taxes, sales taxes, vehicle registration fees and other government levies. Still, as hard as you work, you can’t make ends meet.

You may be legally entitled to health care through Medicaid. You may be entitled to food assistance through the SNAP program, formerly known as food stamps. You may be entitled to housing assistance. But according to the new Trump administration rule — set to take effect in two months — if you use any of these programs, you might forfeit the opportunity to ever obtain a green card making you a permanent resident. That means you also forfeit the chance of ever becoming a citizen.

Long advocated by White House adviser Stephen Miller, the Torquemada of the immigration inquisition, the new policy is a major step in Trump’s crusade to Make America White Again. If it survives court challenges, the new rule could dramatically reduce legal — I repeat, legal — immigration from low-income countries. Not just coincidentally, I am sure, this means fewer black and brown people would be granted resident status.

Trump’s message to the world: Keep your tired, your poor, your huddled masses yearning to breathe free. As he memorably and disgracefully put it: “Our Country is FULL!”

A Homeland Security Investigations officer guards detained workers Aug. 7 after immigration raids at seven work sites across Mississippi. (Handout/U.S. Immigration and Customs Enforcement/AFP/Getty Images)

This is part of a well-established pattern. Trump often uses immigrants as scapegoats, encouraging his supporters to blame them for any and all problems they face. But beneath the cynical posturing there appears to be genuine animus.

Does the president hate all immigrants? He did once allegedly muse about wanting more newcomers from Norway. But those who are not white are treated, by this administration, as if they were not fully human.

How else to characterize a policy of cruelly separating children from their asylum-seeking parents at the border? Of keeping children in cages and denying them toothbrushes or soap? Of cramming adults into overcrowded lockups when their only crime was to lawfully seek refuge from violence and persecution?

Last week, U.S. Immigration and Customs Enforcement staged what was apparently the biggest one-day immigration raid in modern American history. Approximately 680 men and women classified as “removable aliens” were arrested at seven work sites in Mississippi. Taken from their job sites, many left young children waiting in vain, and in anguish, for their parents to pick them up from school or day care.

ICE has limited resources — certainly nowhere near enough to go after all the estimated 11 million unauthorized immigrants in the United States. The only policy that makes sense is to prioritize the capture and removal of those who pose a genuine danger, such as MS-13 gang members. But that’s not who you find punching a clock for minimum wage at a chicken plant in Mississippi. Instead, you find hard-working people trying to put food on the table for their families.

The raid was a demonstration, a warning, a show of force. If the administration were serious, it would have gone after the employers, who were not immediately hit with charges or sanctions — and are already looking for replacement workers. The message to undocumented migrants was: You are weak. We can hurt you whenever we want.

Sensible immigration reform would provide the law-abiding undocumented with a pathway to legal status and citizenship. But the Republican Party blocks action because it is terrified that these immigrants would eventually become Democrats. I wonder why.

I’m betting that not a single unemployed steelworker or laid-off coal miner moves to Mississippi to take those jobs plucking poultry. Trump’s immigration policy isn’t a matter of economics. Nor is it a matter of principle or fairness.

Cruelty isn’t a sideshow in the way Trump deals with nonwhite immigrants. It’s the main event.

 

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KEY QUOTE:

I’m betting that not a single unemployed steelworker or laid-off coal miner moves to Mississippi to take those jobs plucking poultry. Trump’s immigration policy isn’t a matter of economics. Nor is it a matter of principle or fairness.

Cruelty isn’t a sideshow in the way Trump deals with nonwhite immigrants. It’s the main event.

So, why is it OK to have mindless cruelty be the “official policy” of the US? If it isn’t “OK,” what is each of us doing to remove this cancer that is eating away the fabric of America under the incredibly bogus and insulting mantra of “Making America Great Again?”

Is cruelty great? Is stupidity great? Is dumping on our fellow man great? Is environmental degredation great? Is blatant racism great? Is misogyny great? Is beating up on children great? Is corruption great? Is lying great? Is cowardice great? Is selfishness great? Is White Nationalism great? Is encouraging gun violence great? Are out of control deficits great? Is turning our backs on vulnerable refugees great? Is bullying other countries great? Is insulting our allies great? Are useless “trade wars” great? Is sucking up to the world’s worst dictators great? Is nuclear proliferation great? Is wiping entire species from the earth great? Is less health care great? Is election minipultion by Putin great? Are collasing bridges and deteriorating roads great? Is using public office for private gain great? Is nepotism great? Is failing to pay taxes great? Just what part of Trumpism does the “MAGA Crowd” think is “great?”

It’s not rocket science. Trump, Miller, ”Cooch Cooch,” & company are the vilest racists since the supposed end of Jim Crow (as we’re now seeing, that was an illusion; it never ended for the GOP and the Trumps of the world). The DHS and disgraceful and disingenuous cowards like McAleenan, Morgan, Albence, and Provost are their “handmaidens.” Barr is their enforcer. And the GOP is the racist party of the “New Jim Crow.”

It’s not just immigrants, Eugene. Once Trump and his neo-Nazi gang are done “Dred Scottifying” migrants, they are going after you and every other person of color and minority in the U.S. who dares to stand up to up to them.

Ironically, it’s a small handful of truly bizarre African Americans and Hispanic Americans who continue to support Trump, wrongly thinking that they are now “De Facto White” and consequently the “railroad cars will never be coming for them,” along with those who don’t vote, who could give Trump the electoral college edge he needs to remain in office (while likely losing the popular vote by an even larger margin than in 2016) and seal their own eventual demise and that of their families.                                                                                                                                                   

Some German Jews had converted to Lutheranism or Catholicism before World War II thinking that it would save them from Hitler and the anti-Semites. How did that work out for them?

Trump and today’s GOP are unapologetic racists as well as congenital liars lacking in any type of fundamental values. Their lies are many, selfishness rampant, and their policies and pronouncements vile. But, they must be taken seriously for the existential threat they are to the rest of us. To treat them as anything else or to express surprise when they turn out to be “as advertised,” is to push America and the world ever closer to the abyss.

Treating Trump as “normal” or a “legitimate” U.S. President, as too may Federal Judges, legislators, and some members of the media do, is a potentially fatal mistake. He’s a 24-caret fraud, but every bit as much of a threat to our nation’s future as George III was when the Declaration of Independence was written; probably greater, because he’s here on our shore, in person –trying to satisfy his own insatiable ego while destroying our nation.                                                                                                                                                                        

PWS

08-13-19

TRUMP SEES MASS MURDER AS OPPORTUNITY TO SPREAD LIES, HATE, RACISM, & DIVISION, WHILE TOUTING HIS “PERSONALITY CULT” — Hits On Leaders of Dayton, El Paso, While Upping Racial Tensions That Undoubtedly Will Lead To More White Supremacist Domestic Terror In The Near Future!

https://www.washingtonpost.com/politics/trump-lashes-out-at-beto-orourke-and-the-media-ahead-of-visits-to-el-paso-and-dayton/2019/08/07/b0aa8afc-b8fb-11e9-b3b4-2bb69e8c4e39_story.html

Ashley Parker
Ashley Parker
White House Reporter
Washington Post

From the Washington Post:

By Ashley Parker ,

Philip Rucker ,

Jenna Johnson and

Felicia Sonmez

August 8 at 12:01 AM

EL PASO — On a day when President Trump vowed to tone down his rhetoric and help the country heal following two mass slayings, he did the opposite — lacing his visits Wednesday to El Paso and Dayton, Ohio, with a flurry of attacks on local leaders and memorializing his trips with grinning thumbs-up photos.

A traditional role for presidents has been to offer comfort and solace to all Americans at times of national tragedy, but the day provided a fresh testament to Trump’s limitations in striking notes of unity and empathy.

When Trump swooped into the grieving border city of El Paso to offer condolences following the massacre of Latinos allegedly by a white supremacist, some of the city’s elected leaders and thousands of its citizens declared the president unwelcome.

In his only public remarks during the trip, Trump lashed out at Sen. Sherrod Brown of Ohio and Dayton Mayor Nan Whaley, both Democrats, over their characterization of his visit with hospital patients in Dayton.

“We had an amazing day,” Trump said in El Paso as he concluded his visit. “As you know, we left Ohio. The love, the respect for the office of the presidency.”

Trump also praised El Paso police officers and other first responders and shook their hands, telling one female officer, “I saw you on television the other day and you were fantastic.”

None of the eight patients still being treated at University Medical Center in El Paso agreed to meet with Trump when he visited the hospital, UMC spokesman Ryan Mielke said. Two victims who already had been discharged returned to the hospital with family members to meet with the president.

“This is a very sensitive time in their lives,” Mielke said. “Some of them said they didn’t want to meet with the president. Some of them didn’t want any visitors.”

Before Trump’s visit Wednesday, however, some of the hospitalized victims accepted visits from a number of city and county elected officials, as well as Reps. Veronica Escobar (D-Tex.) and Jesús “Chuy” García (D-Ill.).

White House press secretary Stephanie Grisham said the president and first lady Melania Trump met with “victims of the tragedy while at the hospital” and were “received very warmly by not just victims and their families, but by the many members of medical staff who lined the hallways to meet them. It was a moving visit for all involved.”

El Paso and Dayton were not merely the latest in the multiplying series of American mass shootings. The carnage in El Paso is being investigated as an act of domestic terrorism, with parallels between a racist manifesto posted minutes before the shooting and the president’s own anti-immigration rhetoric.

President Trump is greeted by Dayton Mayor Nan Whaley at Wright Patterson Air Force Base in Ohio on Wednesday. (Ty Greenlees/AP)

This has thrust Trump into the center of a roiling political and societal debate, with some Democratic leaders saying the president has emboldened white supremacy and is a threat to the nation.

Former vice president Joe Biden, who is running to unseat Trump in 2020, said in a speech Wednesday, “We have a president with a toxic tongue who has publicly and unapologetically embraced a political strategy of hate, racism and division.”

When the Mayor of Dayton first saw @realDonaldTrump tweet about her pic.twitter.com/Z8YdyeebXp

— Scott Wartman (@ScottWartman) August 7, 2019

Both in Dayton and El Paso, Trump kept almost entirely out of public view, a marked break with tradition, as presidents visiting grieving communities typically offer public condolences.

Trump avoided the Oregon district where the shooting in Dayton took place, and just a short drive from Miami Valley Hospital, which he did visit. Whaley said he would not have been welcome in the Oregon District, where scores of demonstrators congregated, holding ­anti-Trump signs and chanting “Do something!” in a call for stricter gun laws.

Brown and Whaley described the visit by the president and first lady in favorable terms.

“They were hurting. He was comforting. He did the right things. Melania did the right things,” Brown told reporters. “And it’s his job in part to comfort people. I’m glad he did it in those hospital rooms.”

Whaley added: “I think the victims and the first responders were grateful that the president of the United States came to Dayton.”

Both Brown and Whaley, however, were also sharply critical of Trump’s divisive rhetoric and Republican resistance to gun-control legislation.

Whaley later responded to Trump’s comments about her and Brown by calling him “a bully and a coward.” She said on CNN, “It’s fine that he wants to bully me and Sen. Brown. We’re okay. We can take it.”

The traveling press corps was not allowed to observe Trump’s visit with three victims who remained hospitalized. It fell therefore to White House aide Dan Scavino to proclaim in a tweet that Trump “was treated like a Rock Star inside the hospital.”

[‘Hispanic invasion’: A white nationalist version of Texas that never existed]

Trump and the first lady also met with police officers, fire officials, trauma surgeons and nurses at the facility, which treated 23 victims of the shooting. The hospital invited victims who had already been released to come back and meet with the president and the first lady.

“It was an authentic visit,” hospital president Mike Uhl said, praising Trump as “attentive, present and extremely accommodating.”

Trump offered his own affirmation on Twitter: “It was a warm & wonderful visit. Tremendous enthusiasm & even Love.”

Grisham said journalists were kept out of the hospital visit because staff did not want it to devolve into “a photo op” and overwhelm the victims with media.

The White House, however, distributed its own photos of Trump smiling for pictures with first responders, along with a slickly produced video, helping make the president the center of attention.

Trump’s reception in El Paso was less hospitable, and not only because so many local leaders have said they believe his rhetoric inspired Saturday’s slayings at a shopping center near the U.S.-Mexico border. Although he won the state of Texas in the 2016 election, Trump captured just 25.7 percent of the vote in El Paso County, the worst performance recorded here by a major-party presidential candidate in at least two decades.

An ever-growing makeshift memorial has sprouted near the shooting scene that features piles of colorful flowers, a row of white crosses, a line of prayer candles, as well as messages to the president. “Mr. T, Respect our sorrow and grief. Do not ‘invade’ our city,” reads one note, a reference to Trump’s repeated warnings of a migrant “invasion” at the border.

Just before Trump arrived in El Paso — where he and the first lady met with law enforcement personnel at an emergency operations center following their hospital visit — several hundred people gathered in opposition to his trip .

Congregating under the hot midday sun in a baseball field for an “El Paso Strong” event, some held homemade signs. “Go home! You are NOT welcome here!” read one. “This was Trump-inspired terrorism,” read another. “Trump repent,” read a third.

At one point, the crowd chanted, “Send him back!” — a nod to the incendiary “Send her back!” chant about Somali-born Rep. Ilhan Omar (D-Minn.) at one of Trump’s campaign rallies last month.

“We feel like right now we should be in mourning, and we feel like we should be collecting our thoughts, we should be doing vigils and we should be gathering together as a community. We believe it is an insult that the president is coming here,” said one of the organizers, Jaime Candelaria, a 37-year-old singer and songwriter.

[‘Be quiet!’: Trump claims Beto O’Rourke uses a ‘phony name to indicate Hispanic heritage’]

Escobar said onstage, “In this moment, someone is visiting … I felt it was important that we come together and not focus on the visitor, but focus on El Paso.” She added, “We will not stop resisting the hate! Resisting the bigotry! Resisting the racism!”

In the crowd at the El Paso Strong event was Shawn Nixon, 20, a Walmart employee who was at work restocking the school supplies area when the gunman opened fire Saturday morning. At the sound of the shots, Nixon said he fell to the ground, pulling with him a young child who had been shopping with his mother.

“All I’m just asking for Donald Trump, for the president, to do is to say ‘sorry,’ ” Nixon said. “He created this crime. He created it because of his words. Every time that he’s on TV, that’s what he’s doing.”

During his flight home from El Paso, Trump attacked Rep. Joaquin Castro (D-Tex.), the twin brother of presidential candidate Julián Castro, tweeting that he “makes a fool of himself every time he opens his mouth.” The congressman has come under scrutiny for publicizing a list of San Antonio donors who have contributed to Trump and accusing them of “fueling a campaign of hate.”

On Saturday in El Paso, authorities said, a man opened fire inside the Walmart, killing 22 people and injuring two dozen others. At 1:05 a.m. Sunday, a gunman killed nine people and injured 27 others outside a bar in Dayton, police said.

All week, Trump has zigzagged between two competing instincts: unite and divide.

In the immediate aftermath of the shootings, Trump remained cloistered at his golf club in Bedminster, N.J., issuing only short statements on Twitter. Back at the White House on Monday, the president delivered a scripted speech in which he preached harmony.

“Now is the time to set destructive partisanship aside — so destructive — and find the courage to answer hatred with unity, devotion and love,” Trump said, reading from teleprompters.

The president did not heed his own advice, however. Late Tuesday night, he took to Twitter to attack Beto O’Rourke, the former El Paso congressman running for president who has said Trump bears some responsibility for the shooting there because of his demonization of Latino immigrants.

Trump tweeted: “Beto (phony name to indicate Hispanic heritage) O’Rourke, who is embarrassed by my last visit to the Great State of Texas, where I trounced him, and is now even more embarrassed by polling at 1% in the Democrat Primary, should respect the victims & law enforcement — & be quiet!”

Then, as he departed the White House on Wednesday morning en route to Ohio, Trump told reporters he would refrain from attacking his adversaries during the trip.

“I would like to stay out of the political fray,” the president said. Asked about his rhetoric, he said he thinks it “brings people together” and added, “I think we have toned it down.”

[Gannett building in McLean evacuated after reports of man with weapon]

That detente lasted only a few minutes. Answering a reporter’s question about Biden, Trump pounced. “Joe is a pretty incompetent guy,” the president said. “Joe Biden has truly lost his fastball, that I can tell you.”

By the time the president had left Dayton, he was back on Twitter and sniping at Democrats, a tirade triggered by his consumption of cable television news aboard Air Force One.

“Watching Sleepy Joe Biden making a speech. Sooo Boring! The LameStream Media will die in the ratings and clicks with this guy,” the president wrote.

Then he lashed out at Brown and Whaley, falsely accusing them of “totally misrepresenting” the reception he received at Miami Valley Hospital. He alleged that their news conference immediately after the president’s visit “was a fraud.”

But neither Brown nor Whaley said Trump received a poor reception at the hospital.

When Whaley first saw Trump’s tweets criticizing her and Brown, she paused for a moment to read them on a cellphone and said, “I don’t — I mean, I’m really confused. We said he was treated, like, very well. So, I don’t know why they’re talking about ‘misrepresenting.’

“Oh, well, you know,” the mayor added with a shrug. “He lives in his world of Twitter.”

Parker and Johnson reported from El Paso, and Rucker and Sonmez reported from Washington. Arelis R. Hernández in Dayton, Robert Moore in El Paso, and Colby Itkowitz and John Wagner in Washington contributed to this report.

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Totally lacking in human decency. Totally unqualified for any office, let alone the highest one in the land. Will enough folks ”wise up” and stand up to this cowardly bully before it’s too late for all of us?

PWS

08-09-19

SHOCKER: Trump’s Shockingly Disingenuous & Inappropriate Speech About El Paso Is Perceived By Many El Pasoans As . . . Shockingly Disingenuous & Inappropriate! — Fails To Mention Or Reach Out To Majority Latino/Hispanic Community Targeted By His Consistent Message Of Hate & Dehumanization!

https://apple.news/AvS_y1RcRTB66pEMhqUbLPg

SUZANNE GAMBOA
Suzanne Gamboa
Reporter, NBC News

Suzanne Gamboa reports for NBC News:

Some El Paso residents outraged by Trump’s speech that ‘failed to mention Latinos’

EL PASO, Texas — President Donald Trump condemned white supremacy from the White House Monday, but left Hispanics and Latinos out of his speech.

It’s a significant omission and a stark difference from the written document that has been linked to the 21-year-old gunman who allegedly opened fire on weekend shoppers Saturday at a Walmart in El Paso, Texas. The shooter’s alleged document mentions a Hispanic invasion, the increasing Hispanic population and a decision by its writer to target Hispanics after reading a right-wing conspiracy theory asserting Europe’s white population is being replaced with non-Europeans.

The death toll in the El Paso attack, which is being investigated as domestic terrorism, rose to 22 on Monday.

“We’ve got dead bodies. The majority are Hispanic. Some are foreign nationals from Mexico and we got a manifesto describing what he intends to do and why,” said state Rep. Cesar Blanco, a Democrat who represents El Paso.

“I think it’s telling; he failed to mention Latinos,” Blanco said of the president. “He failed to mention that our community is majority Latino, but it doesn’t surprise me.”

The Mexican government confirmed that eight of the victims identified so far were Mexican citizens, not unexpected considering the city of El Paso and surrounding communities of El Paso County, Texas are about 83 percent Latino.

Add to that the number of shoppers and workers from Mexico who legally cross the international border each day to shop, dine, work and visit family. The Walmart is part of a complex of retail outlets, with a Sam’s Club and the Cielo Vista mall next door. There is also a theater close by along with many restaurants and hotels.

Trump did say in the speech that he had sent his condolences to Mexican president Andrés Manuel López Obrador, because eight citizens from Mexico were among the dead. But he didn’t make specific mention of El Paso’s residents of Latino descent, who comprise the majority of the community.

Jeramey Maynard, 26, a local artist and restaurant manager, said Trump’s response has been largely political, exemplified by the president’s call to combine gun regulation reforms with immigration reform.

“He’s choosing his words without saying Hispanic or immigrant and making it about other things,” Maynard said. “He’s been having these racist comments. When it comes time to defend the community, of course we are not going to hear him say anything about the Hispanic community.”

Maynard added that he thought Trump “would paint it with the broadest brush he can. Why would he say something he thinks supports the Democratic Party?”

‘Target on our back’

Trump launched his 2016 election campaign with disparaging words, seen by many as racist, about people in the United States who have come from Mexico.

“When Mexico sends its people, they’re not sending the best. They’re not sending you, they’re sending people that have lots of problems and they’re bringing those problems,” Trump said to a largely white crowd at Trump Tower in New York. “They’re bringing drugs, they’re bringing crime. They’re rapists and some, I assume, are good people …”

Some defended the president saying he was referring only to immigrants who commit crimes and not speaking of Latinos in the United States as a whole.

But then Trump went on to question the ability of a U.S. district court judge to be impartial because he is of Mexican descent.

Trump’s political rallies have often been filled with chants of “Build the Wall” in reference to his pledge to build a wall across the entire border and make Mexico pay for it.

He responded to the influx of Central Americans seeking asylum by separating children from their parents and allowing border officials to hold them in chain-link pens.

In the past several days, many Latinos have been vocal about what they see as a through line between the president’s rhetoric and the shooting in El Paso.

Rep. Veronica Escobar, a Democrat whose district includes El Paso, said she had hoped Trump would have apologized for his rhetoric, which she said put a target on the city’s back.

“I would encourage him to do that,” she said.

The city has seen stark evidence of fear that exists among families because of the Trump hardline on immigration, according to several residents.

Marisa Limón Garza, deputy director of the Hope Border Institute, said the organization fielded calls from families who were directly affected by the shootings and families who were looking for loved ones.

They were afraid to go to the hospital or to interact with police and border enforcement, who responded to the shooting.

“If you are undocumented or of a mixed status household, the last place you want to go is where there is a tremendous amount of police presence,” Limón Garza said. Immigrants often are part of families that may include a mix of citizens, legal residents and people without legal status.

Her organization has been working with families to help them get the help they need, but she said it is a daily occurrence for people without legal permission to be in the country to be afraid to go to the hospital.

“This is just another layer of psychological trauma that this community has to face when we have already been ground zero for so many other challenges,” she said.

‘The illness is racism and xenophobia’

The Congressional Hispanic Caucus pushed Trump to commit to no longer using “invasion“ to describe Hispanic communities, immigrants or refugees to the country.

The caucus also asked the Trump administration to “acknowledge the threat of white supremacy and domestic terrorism” and to “combat this state of emergency head-on” with federal resources.

Rep. Joaquín Castro, D-Texas, twin brother of presidential candidate Julián Castro, said in a statement that the caucus is grateful Trump addressed the El Paso and Dayton, Ohio, tragedies.

But he said, “this does not make up for the years of attacks by President Trump on Hispanic Americans and our immigrant communities.”

“During the president’s address, he blamed the Internet, news media , mental health and video games, among others … Unfortunately, he did not take responsibility for the xenophobic rhetoric that he has frequently used to demonize and dehumanize Hispanic Americans and immigrants over the past four years.”

But Limón Garza said the tragedy has not been confined to immigrants.

“Here in El Paso we are a community that is over 80 percent Latino and that means people that are immigrant themselves and then people who have been here for generations,” she said. “It’s clear it was not just a random attack. It’s clear that this cannot be called someone with a mental illness. This illness is racism and xenophobia.”

Follow NBC Latino on Facebook, Twitter and Instagram.

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Trump delivered a dishonest, divisive, and totally insincere condemnation of White Supremacy designed and delivered primarily to reassure his White Supremacist supporters that he’s really still on their side.

His ridiculously inappropriate upcoming visit to El Paso is a totally dishonest and divisive self-promotion stunt which all residents should either ignore or peacefully protest.

There is no human good, empathy, or redeeming quality in Donald Trump. Decent folks have to stop looking for that which doesn’t (and never did) exist and band together and use what remains of our Constitutional system to remove him from office before he destroys our country and everyone in it. It won’t be easy, but the lives of generations to come and the world’s future are at stake.

PWS

08-06-19

LET’S KILL THE VULNERABLE SO THAT WE CAN LIVE UNSUSTAINABLE LIFESTYLES AS WE DESTROY THE UNIVERSE: Trump’s “Racist Materialism” & His Pandering To Right Wing Hate Groups Fuel Revival Of Eco Facism!

https://www.huffpost.com/entry/el-paso-shooting-manifesto_n_5d470564e4b0aca3411f60e6

Alexander C. Kaufman
Alexander C. Kaufman
Reporter, HuffPost

Alexander C. Kaufman reports in HuffPost:

A manifesto posted online shortly before Saturday’s massacre at a Walmart in El Paso that the suspected shooter may have written blamed immigrantsfor hastening the environmental destruction of the United States and proposed genocide as a pathway to ecological sustainability.

Filled with white nationalist diatribes against “race-mixing” and the “Hispanic invasion of Texas,” the manifesto highlights far-right extremists’ budding revival of eco-fascism.

Titled “The Inconvenient Truth,” an allusion to Al Gore’s landmark climate change documentary, the ranting four-page document appeared on the extremist forum 8chan shortly before the shooting. Authorities have yet to confirm whether Patrick Crusius, the 21-year-old Dallas-area white man arrested in connection with the shooting that left at least 20 dead, is the author.

“The environment is getting worse by the year,” the manifesto reads. “Most of y’all are just too stubborn to change your lifestyle. So the next logical step is to decrease the number of people in America using resources. If we can get rid of enough people, then our way of life can become more sustainable.”

HuffPost reviewed the document but, with consideration to the ethical concerns of broadcasting what might be a notoriety-seeking killer’s messaging, is not publishing a link to it.

The manifesto explicitly cites the 74-page message posted online by the gunman charged with killing 51 worshippers at two mosques in Christchurch, New Zealand, in March. That alleged shooter, Brenton Tarrant, a 28-year-old white Australian, thrice described himself as an “eco-fascist” motivated to repel waves of migrants fleeing climate change-ravaged regions of the world.

For years now, denial served as the extreme right’s de facto position on climate change. That is starting to change.

Just look, as Dissent magazine did in May, at this spring’s European elections. Following the European Green Party’s historic gains, the far-right Alternative for Germany’s youth wing in Berlin urged party leaders to abandon the “difficult to understand statement that mankind does not influence the climate,” an issue that moves “more people than we thought.”

 

In France, the far-right National Rally already took the message to heart. The party, led by Marine Le Pen, vowed to remakeEurope as “the world’s first ecological civilization” with a climate platform rooted in nationalism. Le Pen railed against “nomadic” people who “do not care about the environment” as “they have no homeland,” harkening to the Nazis’ “blood and soil” slogan that, as The Guardianput it, described a belief in a mystical connection between race and a particular territory. Under that logic, “borders are the environment’s greatest ally,” as a National Rally party spokesman said in April.

In the United States, 70% of Americans recognize the climate is warming, and 57% understand humans’ emissions are the cause, Yale Program on Climate Change Communication polling shows. Republicans, long the only major political party in the developed world to outright reject climate science, are inching away from denialism but have yet to rally around a popular policy proposal.

“Someday Republicans are going to have to come up with some proposals that are responsive to these issues and, frankly, be more reasonable and more thoughtful,” Scott Jennings, a Republican consultant and a former campaign adviser to Senate Majority Leader Mitch McConnell (R-Ky.), told The New York Times last week.

More than 65 million people are displaced worldwide right now, marking ― depending on how you count it ― the highest number of refugees in history. Climate change is forecast to inflame the crisis. Catastrophic weather forced 24 million people to flee home per year since 2008, according to the Internal Displacement Monitoring Centre, the Swiss-based international organization. By 2050, that number could hit anywhere from 140 million to 300 million to 1 billion. Drought, rising seas and violent storms could compel upward of 143 million people to leave sub-Saharan Africa, South Asia and Latin America alone by the middle of the century, the World Bank estimated last year.

If we can get rid of enough people, then our way of life can become more sustainable.From a manifesto possibly written by the suspected El Paso gunman

Slashing global greenhouse gases and increasing aid to help poor countries close to the equator adapt is the obvious way to change that trajectory. The Green New Deal framework left-wing climate activists put forward late last year gained international popularity in part because its promise of good-paying jobs and meaningful work as a vehicle for wealth redistribution and ecological stability offers a powerful antidote to the toxic elixir of far-right prescriptions to social unrest.

But as planet-heating emissions continue surging and scientists’ projections grow more dire, eco-fascism is experiencing a revival in a subculture of far-right extremism online. It comes amid a rekindled interest in Ted Kaczynski, the convicted terrorist known as the Unabomber.

Kaczynski ― like his newfound online fandom, who often distinguish themselves with pine-tree emoji on social media ― subscribes to “lifeboat ethics.” The term, coined in the 1970s by the neoconservative ecologist Garrett Hardin, denotes the idea that “traditional humanitarian views of the ‘guilt-ridden,’ ‘conscience-stricken’ liberal” threatens the balance of nature. The belief traces its lineage back to 18th-century English philosopher Thomas Malthus, who theorized that population growth would eclipse the availability of resources to meet basic human needs without moral restraint or widespread disease, famine or war to thin the herd.

In September 2017, the white nationalist magazine American Renaissance asked its readers a question: “What does it mean for whites if climate change is real?” The bombastic essay wondered whether the “population explosion in the global south combined with climate change” demonstrated “the single greatest external threat to Western civilization” ― even “more serious than Islamic terrorism or Hispanic illegal immigration.”

“If continued global change makes the poor, non-white parts of the world even more unpleasant to live in than they are now, it will certainly drive more non-whites north,” Jared Taylor, the publication’s editor and an influential white nationalist, wrote in an email to the magazine Jewish Currents. “I make no apology for … urging white nations to muster the will to guard their borders and maintain white majorities.”

Two years later, white, male gunmen appear to be heeding his call.

 

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Why take prudent and constructive actions to save our planet when the “haves” (or “wannabe haves”) think that they can sustain their unsustainable lifestyles (for a little while longer) just by killing off the “have nots?”

PWS

09-04-19

 

 

CENTRAL AMERICAN MIGRANTS, DOCUMENTED OR NOT, HAVE CONTRIBUTED MUCH MORE THAN DONALD TRUMP TO 21st CENTURY AMERICA’S PROSPERITY (Indeed, They Are Even Responsible For Some Of Trump’s Few Actual Business Successes): So, How Do Trump, “Big Mac With Lies,” “Cooch Cooch,” & Other GOP Racists Get Away with Their False & Dehumanizing Attacks On Those Who Are ACTUALLY “Making America Great?”

https://www.washingtonpost.com/opinions/the-trump-administrations-new-policy-again-shows-its-contempt-for-central-americans/2019/07/30/070b3b1a-b2ff-11e9-8949-5f36ff92706e_story.html

The Washington Post Editorial Board:

HERE’S WHAT the State Department recommends for U.S. travelers to Guatemala: Do not walk or drive at night. Request security escorts. In the capital, Guatemala City, do not hail taxis on the streets and avoid 10 specific neighborhoods, including one around the airport.

Here’s what the Trump administration recommends to non-U.S. travelers to Guatemala, namely those from other Central American countries: Stay there and apply for asylum. Don’t even think about continuing north to the U.S. border.

The juxtaposition is absurd but no less so than the agreement the administration struck last week with Guatemala — that it be considered a “safe third country” to which the United States will return asylum seekers if they have not already sought refuge there. If the administration’s contempt for Central Americans fleeing violence, hardship and persecution was not already clear, this new policy clarified it.

The rule, set to take effect in the coming weeks if U.S. or Guatemalan courts don’t block it, is mainly aimed at migrants from El Salvador and Honduras. They constitute the second- and third-largest cohorts of asylum seekers crossing the U.S. southwestern border in recent months, and most of them traverse Guatemala on their trek northward. (The largest cohort is Guatemalans themselves, who accounted for a majority of the more than 100,000 migrants stopped at the border monthly this past spring.)

President Trump, irate at the migrant flow, has used slander — “these are bad people,” he told reporters — and a grab bag of legally dubious deterrent measures. He is right that Customs and Border Protection and other agencies are struggling to handle the tide, which resulted in nearly 700,000 apprehensions in the current fiscal year through June, compared with scarcely 400,000 the entire previous year. But it is morally indefensible to attack a migration problem by putting migrants themselves at risk. That is precisely what the administration’s new move would do.

The United States maintains a safe-third-country agreement with Canada, meaning that asylum seekers can be returned to that country to apply for refuge if they crossed the border from there. That makes sense because Canada is generally safe; Guatemala is anything but. And the retort of acting homeland security secretary Kevin McAleenan, who noted that parts of the United States are also unsafe, is risible. Guatemala’s crime rate dwarfs that of the United States; the homicide rate there is five times higher.

The probable result of the administration’s policy, if it goes into effect, will be to transform legal asylum seekers into undocumented immigrants. They are unlikely to seek refuge in Guatemala, which has no administrative mechanism to process thousands of asylum applications — and which agreed to the deal with the United States only after Mr. Trump threatened severe sanctions. Instead, many will likely cross illegally into the United States and live in the shadows.

Mr. Trump’s response is to build his border wall, which got a lift last week when the Supreme Court said construction could proceed while challenges to funding it continue in the courts. But walls can be scaled, tunneled under and circumnavigated; Mr. Trump’s wall would not stanch the flow of migrants nor improve the conditions that drive them from their countries.

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More confirmation of my observation that “Big Mac With Lies” is one of America’s most dangerous White Nationalist racist liars and enablers. Imagine what an ethical, honest public servant could do by having the courage and integrity to “blow the whistle” on Trump’s lies, fabrications, and racist attacks on the rule of law and on humanity!

Yes, the Post is right that “Big Mac’s” bogus claims about Guatemala are “risible,” meaning in plain English “laughable.” But there is nothing “funny” about a dishonest and cowardly public official whose lies and false narratives are killing innocent, vulnerable humans who (perhaps misguidedly) looked to the U.S. for legal protection.

Most outrageously, “Big Mac” and company think that they essentially can “get away with murder” (perhaps emboldened by Trump’s claim that he could shoot someone in board daylight and escape accountability). While, thanks to the Supremes, public officials have insulated themselves from most legal accountability for many of their outrageous misdeeds,  it’s up to history and future generations to insure that the legacy of McAleenan and his fellow “Germany 1939’ers” reflects their disingenuous disregard for the law, truth, and human values and their spineless support for the toxic policies of the worst and most immoral President in U.S. history. No, “just following orders” won’t be a defense for “Big Mac” before the Court of History.

PWS

07-31-19

FRAUD & ABUSE: TRUMP SEEKS DEATH AND DISRUPTION FOR REFUGEES: Claims To Have Duressed Guatemala, One Of The, Poorest, Most Corrupt, Most Dangerous REFUGEE SENDING Countries Into Outrageously Illegal “Safe Third Country” Agreement! — “Big Mac With Lies” Says Guatemala Not Much Different From U.S.!

https://www.washingtonpost.com/politics/trump-says-he-has-agreement-with-guatemala-to-help-stem-flow-of-migrants-at-the-border/2019/07/26/23bf0cba-afe3-11e9-b071-94a3f4d59021_story.html

Seung Min Kim
Seung Min Kim
White House Reporter
Washington Post
Kevin Sieff
Kevin Sieff
Latin American Correspondent, Washington Post
Abigail Hauslohner
Abigail Hauslohner
National Immigration Reporter, Washington Post

From the Washington Post:

By Seung Min Kim ,

Kevin Sieff and

Abigail Hauslohner

July 26 at 6:45 PM

President Trump on Friday said he has struck a deal that would designate Guatemala as a safe third country for people seeking asylum in the United States — a plan that is facing significant legal hurdles in the Central American country as the Trump administration continues to struggle with the high number of migrants arriving at the southern U.S. border.

The White House did not immediately release details of the agreement, and it is unclear how it would be implemented considering Guatemala’s constitutional court has ruled any safe third country agreement would require legislative approval and the proposal has been widely criticized there.

Trump announced the arrangement in a previously unscheduled appearance in the Oval Office with Enrique Degenhart, the Guatemalan minister of government, and acting homeland security secretary Kevin McAleenan.

“We’ve long been working with Guatemala, and now we can do it the right way,” Trump said Friday. He claimed the agreement will put “coyotes and the smugglers out of business.”

He added: “These are bad people.”

Trump said the agreement will offer safe harbor for asylum applicants deemed legitimate, and that he plans to sign agreements with other countries soon.

The announcement comes just days after Trump threatened retaliation against Guatemala as discussions stalled over designating the Central American nation as a safe third country, which means migrants traveling through the country on their journey to the United States would be directed to first seek protection there.

The Trump administration has been seeking to sign these agreements to cut down on the number of Central American migrants arriving at the U.S.-Mexico border, which officials say is overwhelming the U.S. immigration system. The administration has come under heavy criticism from Democrats and immigration advocates who argue asylum seekers and other migrants face inhumane conditions in the U.S. facilities where they are being housed.

On a call with reporters Friday, McAleenan said the agreement with Guatemala would “be up and running in August,” after the two governments had completed several steps to ratify the deal. Under the agreement, Salvadorans and Hondurans would need to seek asylum in Guatemala, McAleenan said.

“If you have, say, a Honduran family coming across through Guatemala to the U.S. border, we want them to feel safe to make an asylum claim at the earliest possible point,” he said. “If they do instead, in the hands of smugglers, make the journey all the way to the U.S. border, [they would] be removable back to Guatemala.”

Guatemala’s only public statement about the agreement did not explicitly say it would serve as a safe third country, but alluded vaguely to “a plan that will be applied to Salvadorans and Hondurans.”

The statement said the United States would allocate temporary agricultural work visas to Guatemalans, adding that country’s president, Jimmy Morales, negotiated the deal “to counter grave economic and social repercussions.”

A proposal to designate Guatemala as a safe third country is already facing significant legal and logistical challenges. For one, the deal would force thousands of Hondurans and Salvadorans to apply for asylum in Guatemala, one of the region’s poorest countries, which has in some cities struggled to defeat transnational gangs, including MS-13.

Last year, Guatemala received 259 asylum applications, a tiny number compared with the United States and even Mexico. Of those, not a single application was approved, in part because the country is still building institutions to review those cases.

“Guatemala’s asylum system isn’t prepared to increase its capacity to 50,000 in less than a year,” said one United Nations official, who spoke on the condition of anonymity because they weren’t authorized to speak publicly.

The United Nations High Commissioner for Refugees, which currently supports Guatemala’s fledgling asylum system, was not consulted as part of the negotiations, officials said. McAleenan also likened the third party agreement to arrangements between European countries and Turkey to stem the Syrian migrant crisis in 2015. He declined to say whether the U.S. government would be providing any assistance to Guatemala to improve safety and security for Honduran and Salvadoran refugees.

When read the State Department’s description of the security situation in Guatemala, which includes notations that murder is “common,” gang activity is “widespread” and police are ineffective, McAleenan, the Homeland secretary, said one should not “label an entire country as unsafe,” and likened Guatemala to parts of the United States.

The announcement prompted immediate backlash from Democratic lawmakers and human-rights groups who warned that Guatemala did not have the capacity to accept all the migrants who would now be required to apply for asylum there, nor is such an arrangement legal.

Sen. Tim Kaine (D-Va.), who along with Sen. Mazie Hirono (D-Hawaii) toured Border Patrol facilities in El Paso on Friday, noted that Guatemala has one of the world’s highest homicide rates and that they had visited with families earlier in the day who said they had fled the country because of the danger.

“It’s just Kafkaesque to say about that country, ‘Oh, safe third country,’ ” Kaine said. “You can’t just attach a label of safe third country and make it so.”

The Trump administration has taken a variety of unilateral actions to address the challenges at the border, and it has also received an additional $4.6 billion from Congress to deal with the crisis.

In June, Customs and Border Protection apprehended 94,000 migrants at the southern border, a 29 percent drop from the 133,000 who were detained in May. Border crossings tend to drop as the temperature rises in the summer, but administration officials have pointed to the lower figures as a sign that Trump’s border plan is working.

For months, Morales dispatched members of his administration from Guatemala to Washington to negotiate a safe third country agreement with the United States. But earlier this month, shortly before Morales was scheduled to sign the agreement in the White House, Guatemala’s constitutional court ruled he did not have the authority to sign the deal without legislative approval.

The meeting with Trump was canceled. In a statement, Morales then denied he had ever attempted to negotiate such an agreement. He is in the twilight of his scandal-ridden presidency, with elections scheduled for Aug. 11.

But when Trump threatened to impose tariffs on Guatemala and tax remittances, Morales resumed negotiations. Members of the country’s business community urged him on, raising alarm about the impact of tariffs, but most Guatemalans believe the country is wildly unprepared to offer asylum to thousands of Central Americans.

A number of Guatemalan congressmen and human rights officials said they would soon challenge the legality of Friday’s agreement in the country’s courts.

Jordán Rodas, Guatemala’s human rights prosecutor, said the country’s interior minister, who signed the deal on Friday, “does not have the power to sign an agreement of this nature.”

He said he was analyzing the agreement, and if he determined it was illegal, he would demand the constitutional court suspend its implementation.

“We are two weeks from an election,” said Edgar Gutierrez, one of five Guatemalan ex-foreign ministers who had earlier filed a petition in the court to block the signing of the agreement. “The signing of this accord will destabilize the country.”

Some Guatemalan analysts said the timeline for the agreement made it even more unrealistic.

“One month to be a safe country,” said Pedro Pablo Solares, a leading Guatemalan columnist who frequently writes about migration. “It couldn’t be more absurd.”

This year, for the first time in history, more Guatemalans have been apprehended at the U.S. border than citizens of any other country. It remains one of the region’s poorest countries, where migration is seen by many as the only way into a tiny middle class. In 2017, Guatemalans received a total of $8.2 billion in remittances, 11 percent of Guatemalan GDP.

Guatemalan politicians and analysts were taken aback by the agreement, which most discovered through a White House tweet.

“One characteristic of this government is that it does whatever it wants, in spite of what the law says. This is another example,” said Sandra Morán Reyes, a congresswoman from the Convergencia party.

Sieff reported from Mexico City. Mary Beth Sheridan in Mexico City and Bob Moore in El Paso contributed to this report.

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Wow! Talk about turning the law, logic, and human morality on its head! “Safe Third Country” agreements are supposed to be between countries with fair, due process oriented asylum systems, like the existing agreement between the U.S. and Canada. They are not a gimmick for dishonest officials like Trump and McAleenan to “outsource” legal protection responsibilities to dangerous, poor, REFUGEE SENDING countries like Guatemala that can’t possibly live up to their international obligations under the U.N Convention. 

This is nothing short of high level fraud that will result in death, torture, and abuse of asylum seekers! Not to mention that the presence of lots of deported asylum seekers will further destabilize the already unstable country of Guatemala. Trump is about to create an unmitigated international disaster by grossly unlawful conduct. Will we be able to stop him before it’s to late for us and for the rest of humanity?

 

PWS

07-27-19

TOM JAWETZ @ CENTER FOR AMERICAN PROGRESS: “Restoring the Rule of Law Through a Fair, Humane, and Workable Immigration System”

https://www.americanprogress.org/issues/immigration/reports/2019/07/22/472378/restoring-rule-law-fair-humane-workable-immigration-system/

Tom Jawetz
Tom Jawetz
Vice President, Immigration Policy
Center for American Progress

OVERVIEW

Policymakers must break free of the false dichotomy of America as either a nation of immigrants or a nation of laws, and advance an immigration system that is fair, humane, and actually works.

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Read the entire much longer, but well worth it, article at the above link.

Tom is totally right: It’s absurd to let Trump and the restrictionists attempt to take the “rule of law high ground.” No Administration in our lifetime has had less respect for or been more detrimental to the U.S. Constitution and the true rule of law. Just look at the suspensions of refugee and asylum laws and the absolute disaster Trump has wrought in the U.S. Immigration Courts!

Also, no Democrat is actually calling for an “open borders” policy. Being in favor of much more robust legal immigrant admissions, a larger and more generous refugee program, and the end of expensive, inhumane, and counterproductive enforcement methods will actually make our borders more secure by ending the absurdity of equating refugees and those coming to work with terrorists, drug smugglers, and others who might be coming to do us harm. 

With more generous and realistic legal immigration laws and policies, more folks will chose to use the legal system (even when it means reasonable waiting times), fewer folks will find it necessary to evade the law, and border enforcement will become more efficient and effective. Moreover, in a more inclusive system with more realistic “lines,” the potential sanction of “being sent to the end of the line” will have more “bite.”

It’s all about rational priorities and a system more in line with reality and our needs as a nation. That means a system that is not driven by irrational forces like racism and White Nationalism, both of which encourage individuals to act in their overall worst interests, and against the best interests of the larger group, to satisfy some underlying fear or prejudice. 

Many thanks to my good friend and stalwart member of the “Roundtable,” Retired Judge Gustavo D. “Surferboy” Villageliu, for bringing this important item to my attention! May you “catch a big one” that will glide you majestically to shore, my friend!

Hon. Gustavo D. Villageliu
Honorable Gustavo D. Villageliu
Retired U.S. Immigration Judge
American Surfer

PWS

07-23-19