"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
The new Democratic majority in the House of Representatives can’t force President Donald Trump to abandon his efforts to crack down on asylum-seekers, migrant families and immigrants already living in the U.S. But it can make it harder for him to enact his agenda.
Whether through oversight, withholding funds or passing pro-immigrant bills and daring the Republican-controlled Senate and the president to shoot them down, Democrats now have leverage on immigration.
Republicans, of course, will still control the Senate after Tuesday’s midterms, and Trump will still be in the White House, where he has already cracked down on undocumented immigrants without congressional help.
Still, there were glimmers of hope around the country. Oregon voters rejected a ballot measure that would have ended the state’s “sanctuary” policies. Kansas gubernatorial candidate Kris Kobach, a Republican who has spent years pushing hard-line immigration policies around the country, lost. So did Pennsylvania U.S. Senate candidate Lou Barletta, who enacted an anti-immigrant policy years before as a mayor and recently defended separating families at the border. Several other Republicans who campaigned on immigration crackdowns lost too, which immigrant rights advocates held up as proof that Trump’s fear-based campaigning wasn’t the guaranteed winner he seemed to think it was.
And now that Democrats have taken control of the House, they can serve as a check on Trump’s immigration efforts.
Democrats are expected to launch investigations and conduct oversight on a number of Trump actions and policies ― something Republicans have so far declined to do. And immigrant rights groups will be pressing them to do so.
Tyler Moran, managing director of progressive group The Immigration Hub and a former Senate and White House staffer, pointed out several areas ripe for oversight. Those include the Trump administration’s family separations at the border, its deportation tactics, and its decision to end the Deferred Action for Childhood Arrivals program for young undocumented immigrants and temporary protected status for certain nationalities of immigrants whose home countries suffered natural disasters or violence.
Many of Trump’s immigration policies also require significant funding increases ― something a Democratic House is likely to fight. The Democrats have already vowed not to fund Trump’s wall along the southern border. Trump is expected to push for wall funding during the lame duck session while Republicans maintain control of both chambers, and has suggested a government shutdown in December if he doesn’t get what he wants.
House Minority Leader Nancy Pelosi (D-Calif.) told The Wall Street Journal ahead of the election that if Democrats should win a majority on Tuesday, they’d have more leverage to block wall spending even before they officially take over.
“Why would we compromise on the wall now?” she said.
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Current House Minority Leader Nancy Pelosi (D-Calif.) has pushed for more protections for undocumented immigrants.
Mass detention of families and asylum-seekers, which Trump is pushing for through a proposed rule change and a potential executive order, would also have a hefty price tag. Most Democrats oppose such policies.
Democrats are also likely to push legislation that protects undocumented immigrants, particularly young immigrants, which could increase public pressure for Senate Republicans and Trump to back it.
Trump ended the Deferred Action for Childhood Arrivals program, or DACA, last year, but so far has been forced to keep it running by court orders that he is continuing to fight. Although Republicans opposed DACA, some have voiced support for some type of legislative measure that would keep its recipients ― so-called Dreamers who have lived in the U.S. since childhood ― from being deported.
But so far, Republicans haven’t actually supported measures that would do so, at least without simultaneously aiming to restrict legal immigration and ramp up deportation efforts.
Immigrant rights groups want a “clean” bill for Dreamers, called the Dream Act, that doesn’t include other measures. Democrats are expected to push for it, but past stalemates are likely to continue. More likely, Democrats could make a deal to protect Dreamers while also giving Trump something he wants, but not the whole spate of anti-immigrant measures Republicans tried, and failed, to pass earlier this year.
While Democrats gaining the majority was a good thing for supporters of immigrant rights, it required knocking out some moderate Republicans who could previously be claimed as allies on bipartisan legislation. Rep. Carlos Curbelo (R-Fla.), who unsuccessfully pushed for protections for undocumented young people, lost to a Democrat. So did Rep. Mike Coffman (R-Colo.), another Republican who called for legal status for Dreamers, although he spoke in more hawkish terms at an August fundraiser.
The defeat of bipartisan backers may be more of a symbolic loss than a substantive one. The Democrats who will take their place are likely to be even more reliable supporters of immigration reform.
Leading immigrant rights advocates, including Frank Sharry of America’s Voice, cheered Coffman’s defeat.
Even with the departure of the truly terrible Jeff Sessions, the situation is likely to remain grim. Trump’s dreams of legislation slashing legal immigration and eliminating the right to apply for asylum are DOA. Also, he’s not likely to get funding for expanding the New American Gulag, “the wall,” harassing Dreamers, or expanding already bloated, ineffective, and inhumane ICE civil enforcement. Oversight might even result in some accountability for human rights abusers like Nielsen.
But, as he has already shown, there is plenty of damage that Trump can do to the Constitution, human rights, the legal system, and our national values in the area of immigration “administratively.” It’s likely that he’ll look for a total sycophant in the Mike Pence mold for Attorney General. With the Senate firmly in GOP hands, there will be nobody to stop even more unqualified appointments. However, House oversight and budget control might be able to slow the pace of the abuses or at least make a public record for history and future action.
Elise Foley & Jennifer Bendery report for HuffPost:
The way the Trump administration talks about it, you’d think there are only two ways to respond to families crossing into the U.S. illegally: either separate kids from their parents while the adults are tried as criminals or put entire families into indefinite detention.
But there’s an alternative approach that’s cheaper, more humane and incredibly effective. The Trump administration just doesn’t want to use it.
The Family Case Management Program, which President Donald Trump ended several months after taking office, was meant to keep track of immigrant parents and kids in removal proceedings without having to keep them locked up. It was relatively small ― about 950 families in five locations. But it was hugely successful: More than 99 percent of families in the program showed up for their court dates, and 97 percent participated in required check-ins with their case managers, according to a report from Geo Care, the private prison company that operated the program. And it reportedly cost the government just $36 per family each day, versus $319 per bed per day in a family detention center.
Now, as the Trump administration and Republicans in Congress seek to expand the government’s ability to lock up immigrant families long term, Democrats and immigrant rights advocates are asking why they don’t bring back the alternative program in an expanded version.
“In both bills the plan is to incarcerate families,” Rep. Zoe Lofgren (D-Calif.) told HuffPost. “To put mothers in cages with toddlers, as if that’s the only alternative, which clearly it is not. Unless your intention is to be punitive and harsh and punish people before seeking asylum.”
The FCMP was meant for people deemed too vulnerable for detention, such as pregnant or nursing women or families with special needs children. It required families to be briefed on their responsibilities in the immigration court process, which can be complicated, and to check in regularly with Immigration and Customs Enforcement and their case manager. Case managers referred families to services — such as lawyers and children’s school enrollment — and, if they received a deportation order in court, helped them prepare to return to their native country.
It was a success story for alternatives to detention, according to experts who served on an advisory committee for the program.
“The message is if you do this kind of frequent and fairly intensive case management, you can get almost 100 percent compliance,” said Randy Capps, the director of research for U.S. programs at the nonpartisan Migration Policy Institute. “You don’t have to detain people.”
ICE abruptly shut down the program last June with little explanation for advisory committee members, some of them said. They were simply told at a meeting that it would be their last.
Agency spokeswoman Sarah Rodriguez said in a statement that ICE discontinued the program after determining that other alternatives to detention “proved to be a much better use of limited resources” with similar rates of compliance. She added that “removals of individuals on [alternatives to detention] occur at a much higher rate” than the FCMP.
“There are no plans to reinstate the FCMP at this time,” she said.
That method for assessing the program doesn’t make sense, said another former member of the FCMP advisory committee, Michelle Brané, the director of the migrant rights and justice program at the Women’s Refugee Commission. The FCMP wasn’t in effect long enough for many of the participants to complete their removal proceedings, she said. She added that the program’s purpose was to ensure immigrants went to their removal hearings and that whether those hearings resulted in relief or deportation was irrelevant.
“The program’s efficacy shouldn’t be assessed by removals because if people are getting legal help and qualify [for relief], then that’s not a removal, but it is full compliance,” she said. “That means their system works.”
Another ICE spokesman, Matthew Bourke, said in an email that removals were “a relevant way to determine the program’s effectiveness” because a key reason ICE created the program “was to promote participant compliance with immigration obligations which included final orders of removal.”
He said that immigrants monitored under other alternatives to detention comply with court hearings more than 99 percent of the time and with check-ins almost 98 percent of the time.
But it’s unclear whether expanding alternatives to detention is part of Trump’s plan to address the issue of families arriving at the U.S.-Mexico border. It’s certainly not one he has boosted. His executive order this week, which he said would stop routine family separations for unauthorized immigrant families, presented only detention as an option.
Immigrant rights advocates are pushing for policymakers to remember that detention isn’t the only option.
“ICE has a whole range of alternatives to detention,” said Ashley Feasley, a former advisory committee member and the director of policy at the U.S. Conference of Catholic Bishops’ migration and refugee services. “These are existing programs that could be implemented now in lieu of building large-scale family-child detention facilities.”
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Elise & Jennifer’s article ties in nicely with my essay yesterday “SOLVING THE SOUTHERN BORDER: It’s Not Our Asylum Laws That Need Changing — It’s The Actions Of Our Leaders Who Administer Them That Must Change.”
As long as we treat refugees as a law enforcement issue and a political football that can be solved by “bogus deterrence,” rather than as a humanitarian crisis that requires empathy and a thoughtful effort to address the causes by working with the international community, our policies will continue to fail miserably, do more harm than good, and diminish us as a nation and as human beings.
We need better political and moral leadership from our nation’s leaders. That’s unlikely to happen with the current morally twisted, functionally incompetent, and tone-deaf White Nationalist Kakistocracy.
In a sweeping enforcement change, Donald Trump’s administration will increasingly prosecute members of immigrant families who cross the border illegally, even if that means splitting children from their parents and regardless of whether they’re seeking safety in the U.S., Attorney General Jeff Sessions said Monday.
It’s already happening. On April 27, Border Patrol officers picked up a 30-year-old Salvadoran woman, Morena Mendoza Romaldo, with one of her children after she crossed into the U.S. near San Diego. She fled El Salvador because of sexual violence, according to court filings. She clearly told Border Patrol that she was afraid to return there; an arrest narrative filed in court has “credible fear claim” written on it.
Crossing the border illegally is a misdemeanor punishable by up to six months in jail. But previously the Justice Department rarely targeted family units — as the Border Patrol describes parents who cross with their children — for prosecution. Instead, authorities typically routed migrant families to immigration courts, and they were often released from detention after three weeks because of a court order limiting how long undocumented children may remain locked up. People with credible fear of being returned to their native countries were likewise often sent to immigration court instead of being criminally prosecuted.
But now, with the Trump administration looking for ways to crack down on policies its officials deride as “catch and release,” the response has gotten harsher.
Mendoza’s case was one of 11 immigration prosecutions filed against alleged members of a caravan of asylum-seeking Central Americans. At least two others were also separated from their children after facing prosecution for illegal entry.
Sessions and Immigration and Customs Enforcement’s acting Director Thomas Homan said during a press conference in San Diego that the Department of Homeland Security would refer for prosecution all cases of people crossing illegally, as part of a zero-tolerance policy — regardless of whether they’re fleeing persecution or traveling with children.
“People are not going to caravan or otherwise stampede our border,” Sessions insisted. He later said, “We don’t want to separate families, but we don’t want families to come to the border illegally.”
It will be up to individual U.S. attorneys to decide how many of the migrants will face criminal charges. In the past, limits on the number of government attorneys or courtroom capacity led authorities to instead route most people caught at the border through the traditional deportation process without convicting them of a crime first. Last week Sessions announced that the Justice Department hired 35 more assistant U.S. attorneys to help prosecute immigration crimes in the five federal districts that touch the U.S.-Mexico border. Immigration prosecutions have taken up roughly half the federal criminal docket since 2008, after policy changes pioneered by George W. Bush, institutionalized under Barack Obama and now enthusiastically embraced by Trump.
The zero-tolerance policy won’t apply to those who seek asylum at ports of entry, which is not illegal, although the Trump administration has publicly urged migrants to stay in Mexico instead. At least two of the 11 alleged caravan members facing prosecution for illegal entry — Olga Esmeralda George and Marbel Yaneth Ramirez-Raudales — said they tried to initiate asylum claims at a nearby port of entry but were turned away, according to court filings.
Sessions’ plans are already facing opposition from the San Diego Federal Public Defenders’ Office. Illegal entry prosecutions are often open and shut cases. But attorney Eric Fish has asked the court to dismiss three of the 11 alleged caravan members’ cases, arguing that his clients, including Mendoza, were targeted for political reasons that amount to unconstitutional discrimination.
If other countries treated people seeking refugee protection in this way, the United States would be appalled.Eleanor Acer, refugee protection program director, Human Rights First
In court filings littered with Trump’s tweets excoriating the caravan, Fish contended that Border Patrol agents arrested the three defendants at the same time as a group of Indian nationals. But the Indians were never prosecuted.
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“The government cannot choose its defendants based on their alleged country of citizenship, but that’s exactly what it did here,” he wrote in a court filing. “The Court should not stand for such invidious discrimination, and should dismiss the complaint.”
Fish is also disputing the $10,000 bonds set by the court, arguing that his clients present no flight risk and could be instead monitored by GPS and released on their own recognizance.
The cases highlight how much energy Sessions is devoting to some of the pettiest crimes possible. Until he announced his zero-tolerance policy, illegal-entry prosecutions were all but unheard of in San Diego. And in the three contested cases, the government offered to free the defendants on time served if they pleaded guilty.
At least two of the defendants said they intend to seek asylum, which generally exempts people from criminal prosecution for illegally crossing the border. One of them, Yaneth, attempted to turn herself in at a legal port of entry but was turned away, according to court filings. Under U.S. law and international treaty obligations, Customs and Border Protection is required to let in migrants who say they fear persecution in their country of origin. But CBP faces a lawsuit in the Southern District of California alleging that the agency often flouts those rules.
Organizers with the caravan disputed that the migrants facing prosecution were affiliated with their group, though they said it’s possible that some had joined the caravan and later left it. At its peak, the number of migrants traveling with the caravan topped 1,000, but its numbers dwindled to fewer than 300 as some decided to remain in Mexico, were counseled that their asylum claims would be hard to press in U.S. courts or were repelled by the open hostility of top Trump administration officials.
“It’s pretty obvious that they don’t know who is part of the caravan or not,” said Alex Mensing — an organizer with Pueblos Sin Fronteras, which coordinated the caravan — noting that one of the defendants, Eric Alberto López Robles, is a Mexican national and that the caravan did not work with any Mexican adults. “It just doesn’t add up.”
Those crossing with the caravan were instructed to go through a legal port of entry to make their claims and were advised against crossing illegally, according to Nicole Ramos, the director of Al Otro Lado, a nonprofit group that is offering legal services to the caravan’s members. Ramos, who once worked as a federal public defender, said that in legal workshops, she warned about the threat of prosecution.
“After people were given transit visas, perhaps some of them went in other directions, but they were not integrated into the caravan,” she said. “The goal of the caravan was to get to Tijuana and present themselves legally. And as part of the legal orientation we gave, we specifically advised people about criminal prosecutions.”
Prosecuting people who are seeking asylum could violate international law, according to human rights advocates. Border Patrol was warned about this at least once, when the DHS Office of the Inspector General issued a report in 2015 saying the agency risked violating U.S. treaties by referring people for prosecution even though they expressed fear of persecution in their native country.
Immigrant rights advocates have been hearing for months from parents who were separated from their children and in some cases aren’t sure how to get in touch with them. The practice “is simply barbaric,” said Eleanor Acer, who leads the refugee protection program at Human Rights First.
“If other countries treated people seeking refugee protection in this way,” she said, “the United States would be appalled.”
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Similar “strategies” have been tried and failed in the past under Administrations of both parties. But, doubling down on failed strategies, particularly when they disproportionately harm and punish a group consisting largely of Hispanics, is a Sessions specialty.
I will be interested to see how independent Article III Judges react to having their courtrooms clogged and judicial time focused on minor misdemeanors (rather than serious crimes) as part of the Administration’s enforcement apparatus
WASHINGTON — The Trump administration will ramp up its fight against so-called “sanctuary” policies by filing a lawsuit on Tuesday against the state of California over its laws meant to protect undocumented immigrants.
The lawsuit, which Attorney General Jeff Sessions will formally announce on Wednesday, is the latest in a string of moves by the White House, Department of Justice and Department of Homeland Security to combat local efforts to limit police cooperation with deportation. Thus far, this has largely involved condemnations and threats, including the withholding of federal funds and prosecuting public officials.
Now, the administration is seeking to block three California laws by arguing that they violate the Constitution and federal law.
“The Department of Justice and the Trump administration are going to fight these unjust, unfair and unconstitutional policies that have been imposed on you,” Sessions is expected to tell law enforcement officers during a speech on Wednesday, according to prepared remarks. “We are fighting to make your jobs safer and to help you reduce crime in America. And I believe that we are going to win.”
To make its case, the DOJ is in part pointing to a ruling on a very different state-level immigration law: Arizona’s SB 1070, which was meant to expand local police efforts to find and arrest undocumented immigrants. The Supreme Court sided with the Obama administration by striking down major provisions of that law in 2012.
The Trump administration plans to argue that California is similarly overstepping its authority, senior DOJ officials said Tuesday. The lawsuit will challenge three laws that DOJ officials say hurt the government’s ability to carry out immigration enforcement.
Supporters of the California laws and “sanctuary” policies in general argue that they make communities safer by allowing local police to work better with immigrant communities and focus time and resources on duties other than immigration matters. (“Sanctuary” policies differ widely from place to place and there is no set definition for the term.)
California Gov. Jerry Brown (D) responded to Sessions’ suit Tuesday evening, calling it a “political stunt.”
“At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America,” he said in a statement. “Jeff, these political stunts may be the norm in Washington, but they don’t work here. SAD!!!”
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Read Elise’s full article at the above link.
So far, Gonzo hasn’t had much luck on his anti-Sanctuary Cities campaign. But, sooner or later, if he keeps filing suits, he’ll probably get a Federal Judge who agrees with at least part of his position.
The suit has little if anything to do with effective law enforcement and everything to do with right-wing politics. Strangely, for one who is so disdainful of lawyers and their functions in society, Gonzo’s regime has been essentially a “full employment for lawyers” boon. And, of course, “Chuckie” Cooper is on Gonzo’s personal retainer, trying, so far successfully, to keep him out of jail in the Russia investigation.
“Sen. Dick Durbin (D-Ill.) said Friday that he heard President Donald Trump make “hate-filled, vile and racist” comments to lawmakers that the president is now denying.
Durbin, who was at the White House meeting on Thursday to discuss immigration, is the first to go on the record confirming reports that Trump referred to African nations as “shithole countries,” and that the U.S. should “take … out” Haitians currently living in the U.S. Trump reportedly also commented that the U.S. should accept more immigrants from Norway.
Trump on Friday claimed on Twitter that he didn’t use the language attributed to him about Haitians, but neither he nor the White House has directly denied his comments on African countries.
Durbin, speaking to reporters on Friday, contradicted Trump’s claim.
“I cannot believe that in the history of the White House, in that Oval Office, any president has ever spoken the words that I personally heard our president speak yesterday,” Durbin said. “You’ve seen the comments in the press. I’ve not read one of them that’s inaccurate.”
Durbin added: “He said these hate-filled things and he said them repeatedly.”
Trump made the comments during an immigration meeting with Durbin and six Republican lawmakers: Sens. Lindsey Graham (R-S.C.), David Perdue (R-Ga.), Tom Cotton (R-Ark.); House Majority Whip Kevin McCarthy (R-Calif.), and Reps. Bob Goodlatte, (R-Va.) and Mario Diaz-Balart (R-Fla.), according to MSNBC.
Durbin and Graham pitched Trump on the outlines of a deal they and others in a six-senator bipartisan group made to resolve the legal status of Dreamers, the young undocumented immigrants who came to the U.S. as children.
Nearly 700,000 Dreamers are at risk of losing deportation relief and work permits ― or already have ― because Trump ended the Deferred Action for Childhood Arrivals program, or DACA.
Democrats want protections for Dreamers included in a measure on government spending, which must pass by a Jan. 19 deadline to avoid a government shutdown.
Trump has said he wants to help Dreamers, but only if he gets something in return: his border wall and other security measures, an end to the diversity visa lottery, and limits on family-based visas, which the president derisively refers to as “chain migration.”
Trump has falsely claimed that other countries use the diversity visa lottery to send their “worst people” to the U.S. A large proportion of diversity visa lottery recipients come from African nations.
Durbin, Graham and their allies drafted a plan that would eliminate the diversity visa lottery as Trump demanded, but would allow some immigrants currently in the U.S. under temporary protected status, which lets people stay in the country after natural disasters or other crises in their home nations. The Trump administration is ending those protections for people from Haiti, El Salvador and Nicaragua, and suggested it will do the same for Hondurans.
Durbin said that’s when he told Trump about the numbers of people who hold temporary protected status from various countries, including Haiti.
“He said, ’Haitians, do we need more Haitians?’” Durbin said.
Trump then made “vile and vulgar comments” about African nations, Durbin said, calling them “shitholes.”
The slur was “the exact word used by the president ― not just once, but repeatedly,” said Durbin.
Graham spoke up, confronting Trump’s harsh language, which Durbin said “took extraordinary political courage.” Graham hasn’t publicly commented on the meeting.
Durbin also recounted a “heartbreaking moment” when Trump and others “scoffed” at his comments about the importance of family-based immigration. The president and his allies have said the U.S. should move to a “merit-based” system rather than admitting people based on family ties, referring to anyone but spouses and minor children as “extended family.”
“Chain migration” as a term is offensive, Durbin said he told the president.
“I said to the president, do you realize how painful that term is to so many people? African-Americans believe that they migrated to America in chains, and when you speak about ‘chain migration,’ it hurts them personally,” Durbin said. “He said, ‘Oh, that’s a good line.’”
In a statement after Trump’s comments were first reported, the White House did not deny them.
But Trump on Friday insisted the reports were inaccurate.
“The language used by me at the DACA meeting was tough, but this was not the language used,” he tweeted. “What was really tough was the outlandish proposal made – a big setback for DACA!”
Trump addressed Haiti, but said nothing about his reported comments on Africa.
“Never said anything derogatory about Haitians other than Haiti is, obviously, a very poor and troubled country,” Trump tweeted. “Never said ‘take them out.’ Made up by Dems. I have a wonderful relationship with Haitians. Probably should record future meetings – unfortunately, no trust!”
Sen. Jeff Flake (R-Ariz.) was not among the lawmakers in the White House meeting, but tweeted Friday that he heard about Trump’s comments “directly following the meeting by those in attendance.”
The remarks “were not ‘tough,’ they were abhorrent and repulsive,” Flake tweeted.”
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Trump’s total meltdown might well kill any budget deal for the time being, almost guaranteeing a USG shutdown.
At the same time, it “blows the cover” from the White Nationalist, restrictionist agenda that some in the GOP have been pushing under a bogus claim of “reshaping the immigration system in the interests of the United States.” No, it is, and always has been about unnecessarily and unwisely restricting and limiting legal immigration while directly attacking people of color, non-Christians, and other minorities. And, the bias and racism isn’t limited to immigrants — it also carries over to the views of many in the GOP about ethic Americans. When the GOP allows itself to be driven by a racially charged hate-based agenda, it makes “compromise” difficult, if not impossible.
The majority of us who believe in a diverse, tolerant, generous, welcoming America and a vibrant social and economic future for our country must over time retake power from the White Nationalist driven minority that now seems to be in charge! Every election, local, state, and national is critical! “Just Say No” to candidates, on every level, who promote, advance, or aid and abet the White Nationalist agenda.
“WASHINGTON ― President Donald Trump sent senators a lengthy set of demands on Friday that could tank a deal to help Dreamers ― young undocumented immigrants who came to the U.S. as children ― and might risk a government funding agreement in the process.
The document is essentially an immigration restrictionist wish list. It calls for a border wall, more immigration enforcement agents, punishment for so-called “sanctuary cities,” restrictions on citizens and legal residents sponsoring family members’ visas, and policies to make it easier to detain and deport undocumented immigrants. No dollar amounts were included in the list of demands, but The Wall Street Journal reported earlier Friday that Trump is seeking nearly $18 billion to pay for a border wall.
Democrats and immigrant rights activists have said they won’t accept the White House’s demands in a deal to grant legal status to Dreamers, hundreds of thousands of whom are at risk of losing deportation protections because Trump ended the Deferred Action for Childhood Arrivals or DACA program.
The list could be enough to trigger a Democratic revolt on a government funding bill that needs to pass later this month, Senate Minority Whip Dick Durbin (D-Ill.), whose office shared the White House’s list with reporters, said in a statement.
“President Trump has said he may need a good government shutdown to get his wall,” Durbin said. “With this demand, he seems to be heading in that direction. … It’s outrageous that the White House would undercut months of bipartisan efforts by again trying to put its entire wish-list of hardline anti-immigrant bills—plus an additional $18 billion in wall funding—on the backs of these young people.”
Trump ended DACA in September and said Congress should act to give more permanent protections to recipients of the two-year work permits and deportation relief. DACA recipients will begin to lose permits in greater numbers in March, although activists estimate they’re already losing them at a rate of about 122 per day.
In the months since Trump ended the program, the White House has put out long lists of immigration priorities, and Trump has made broad pronouncements in public comments and tweets, largely focused around building a wall, ending the diversity visa lottery and eliminating so-called “chain migration,” immigration restrictionists’ preferred term for family reunification visas.
The list of demands was initially created in October, with Stephen Miller, a Trump policy adviser, listed as the author of the document, according to the properties on the PDF file. But senators didn’t get a copy until Friday.
The White House did not immediately respond to a request for comment on the document.
Democrats have said they are willing to give Trump some of what he wants on border security, such as more infrastructure, technology and funds, in exchange for legal status for Dreamers. But they, and Dreamers themselves, have argued any deal must be proportional — not everything Republicans want in exchange for legal status for one subset of the undocumented population. During comprehensive immigration reform efforts in 2013, for example, Democrats agreed to an overhaul of the legal immigration system, border security measures and enforcement as part of a package that would have also granted a path to legal status and eventual citizenship for much of the undocumented immigrant population.
Democrats, activists and even some Republicans have warned that piling on more immigration issues has the potential to sink a deal — it happened during past reform efforts and could again now.
The document the White House sent to senators on Friday could indicate the administration either thinks it can get Democrats to settle because of their desire to help Dreamers, or that it doesn’t really want a deal at all.
I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it. Greisa Martinez Rosas, advocacy director for United We Dream
The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.
The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.
The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.
The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.
The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.
The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.”
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Read the rest of Elise’s report at the link.
I think that “Dreamers” are a good place for the Dems to take a stand. And, given the “Bakuninist Wing” of the GOP (who share Trump’s desire to destroy Government, but are dissatisfied with the pace of the destruction), it’s going to be very difficult for Trump to get any type of budget passed without Democratic support.
The DHS needs an additional 10,000 agents like we all need holes in our heads. They don’t have enough legitimate law enforcement functions to perform with the staff they have; that’s why they have time for chasing after kids and stuffing their generally law-abiding parents into an already overwhelmed Immigration Court system for hearings that probably won’t take place until long after this Administration is history. (And, that’s even without Gonzo’s current “plan” which appears to be intentionally “jacking up” the Immigration Court backlog to more than 1,000,000 cases overnight by “recycling” all of the currently “administratively closed” cases!)
The words of Greisa Martinez Rosas, advocacy director for United We Dream, are worth repeating and keeping in mind:
“I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it.”
“WASHINGTON ― President Donald Trump gave a series of conflicting statements on Thursday about how he hopes to deal with young undocumented immigrants who came to the U.S. as children, muddying the waters over whether he will support their bid to gain eventual citizenship and whether he will demand a border wall in exchange.
Trump’s comments, made both to reporters and on Twitter, came after leading Democrats in Congress said they had reached an informal deal with the president on legislation to help so-called Dreamers, or undocumented young people who entered the country as children.
Senate Minority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) said on Wednesday that they had reached an agreement with Trump to tie measures to grant Dreamers legal status to border security measures, but not to a wall. They said Trump had made clear he would continue to demand a wall, and that they had told him they would oppose it.
Trump denied that a deal had been made, although he initially did not dispute key details of what the Democrats had said. But later, he said Dreamers’ fates would be tied to the construction of a border wall, even if it’s not part of legislation that addresses Dreamers.
“We have to be sure the wall isn’t obstructed, because without the wall, I wouldn’t do anything. … It doesn’t have to be here but they can’t obstruct the wall if it’s in a budget or anything else,” Trump told reporters in Florida, according to a pool report.
He added that he would “only do it if we get extreme security, not only surveillance but everything that goes with surveillance,” Trump said. “If there’s not a wall, we’re doing nothing.”
The president also created more confusion by suggesting that he might not support allowing Dreamers to eventually gain citizenship. That would destroy any hope of a deal with Democrats, who want Trump to support the Dream Act, which would allow undocumented young people who came to the U.S. as children to eventually become citizens.
“We’re not looking at citizenship,” he said. “We’re not looking at amnesty. We’re looking at allowing people to stay here.”
That doesn’t necessarily preclude eventually supporting Dream Act-style measures, however. The bill would not grant citizenship immediately; it would allow Dreamers to gain legal status that would make them eligible for eventual citizenship ― so there’s potential that Trump could eventually back such measures and still claim they were not the “amnesty” he opposes.
Earlier on Thursday, Trump said in a series of tweets that any deal on Dreamers would be contingent on “massive border security,” although he didn’t specify that it had to include a wall. He added that the wall is “already under construction in the form of new renovation of old and existing fences and walls” and would proceed.”
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And, the beat goes on! I knew that sanity couldn’t last long in the “Age of Trump.”
“WASHINGTON ― When Attorney General Jeff Sessions said Wednesday that a study had found so-called sanctuary cities have more violent crime than others, it came as a surprise to the people who conducted the research.
“When cities like Philadelphia, Boston or San Francisco advertise that they have these policies, the criminals are taking notice, too. They’ve got a good idea of where they might want to go, it seems to me,” Sessions said during a speech railing against jurisdictions that don’t fully cooperate with deportation efforts. “According to a recent study from the University of California, Riverside, cities with these policies have more violent crime on average than those that don’t.”
But that’s not what the study showed, according to one of its authors. In fact, it found that there’s no evidence of sanctuary policies having any effect on crime ― and researchers say they believe Sessions and the conservative media are twisting their study to fit their own narratives about the dangers of immigration.
Sessions, along with President Donald Trump and Homeland Security Secretary John Kelly, has made a mission of forcing jurisdictions to cooperate with immigration enforcement.
“This narrative that sanctuary policies increase crime rates is one that has not been backed up by a single shred of evidence,” said Benjamin Gonzalez-O’Brien, one of the authors of the study and an assistant professor of political science at Highline College.
Gonzalez-O’Brien co-authored a study on sanctuary policies with Loren Collingwood, assistant professor of political science at University of California, Riverside, and Stephen El-Khatib, a graduate student at the same university. They looked at data from 55 cities and found that a sanctuary designation had no statistical effect on crime.
If the administration is so convinced that sanctuary cities breed crime we would encourage them to actually do some research … and to actually show that this is in fact the case.
Benjamin Gonzalez-O’Brien, assistant professor of political science at Highline College.”
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Read Foley’s complete article at the link.
Sessions, of course, has a history of playing fast and loose with the truth not only on the Russia Investigation but in putting together arguments in favor of his white nationalist “Gonzo Apocalypto” agenda. But, when you get your info from Fox News and other right wing shills, that’s going to be an occupational hazard.
“WASHINGTON ― Human rights advocates spent years fighting for even small improvements to the system that detains men, women and children waiting to be either deported or released back into the U.S. Now they fear the progress they have made could disappear under President Donald Trump, who has promised harsher treatment of undocumented immigrants.
“This administration is prepared to make conditions at immigrant detention even worse than they already are, which, given that for some people they’re already fatal, is terrifying,” said Mary Small, policy director of the advocacy group Detention Watch Network.
Trump’s Department of Homeland Security is considering looser regulations for new contracts with jails to hold immigrants in deportation proceedings, The New York Times reported earlier this month. That agreement would allow jails to treat immigrants detained for civil offenses the same way they treat people charged with crimes.
The department also plans to eliminate an office at Immigration and Customs Enforcement that focuses on improving the detention system and to ramp up detention and deportation efforts.
Trump’s boosters consider these to be good things ― earlier this month, hosts on “Fox & Friends” gleefully remarked that the “party’s over” at immigrant detention centers, grumbling about detainees being given clean sheets and outdoor recreation time.
In reality, immigrant detention centers ― some of which are inside jails facilities or former prisons ― are bleak places. Inmates report being denied medical care, held in solitary confinement, given inedible food and other mistreatment. This is all on top of the struggle of being locked up, often far from family and legal help.
There’s always a tension between ‘Do we get rid of the cage or do we make a better cage?’Ruthie Epstein, formerly of Human Rights First
The facilities are supposed to be for civil detention, not criminal detention like a prison ― being in the country without authorization is not in itself a crime. Advocates are concerned that the Trump administration’s discussion of new contracts for jails to detain immigrants is more proof that officials will disregard standards meant to make immigrant detention less punitive.
Chris Daley, an attorney with Just Detention International, said his group is “very afraid” those standards aren’t going to be enforced and that “we’re just going to lose any sense that folks are not there under criminal charges.”
. . . .
“If ICE is no longer tracking the use of solitary confinement or no longer requiring that people who are in mental health crisis are checked on every 15 minutes, that can kill,” said Carl Takei, an attorney with the American Civil Liberties Union’s National Prison Project.
“You can’t have effective sexual abuse prevention programs if you have folks who don’t have access to appropriate materials in the right language; who can’t communicate concerns they have about threats or violence; who are just held in solitary confinement as a matter of course or who otherwise are just being treated in a demeaning way that compromises their dignity,” he said.
ICE hasn’t made any major changes yet, other than eliminating its Office of Detention Policy and Planning. The office’s staff and mission will be absorbed into other parts of the agency, according to ICE spokeswoman Sarah Rodriguez.
Officials are “examining a variety of detention models to determine which models would best meet anticipated detention needs” as part of one of Trump’s executive orders on immigration, Rodriguez said. “As new options are explored, ICE’s commitment to maintaining excellent facilities and providing first class medical care to those in our custody remains unchanged.”
The new contracts could be evaluated based on a checklist from the U.S. Marshals Service, The New York Times reportedlast week. That checklist is “ridiculous in its lack of detail,” Takei said. The contracts wouldn’t specify what policies jails holding immigrants must maintain for medical health, suicide prevention or solitary confinement, other than that they need to have some sort of policy, according to the Times.
Advocates are bracing for the worst.
“We’ve seen important but very incremental change, so to see change that’s taken so long to come about ― and that still had gaps but that was at least a step toward greater accountability and toward better conditions in these facilities ― to see that now be threatened to be reversed is troubling,” said Katharina Obser, senior program officer at the Women’s Refugee Commission.
They will be watching closely for human rights violations, from detainees being denied due process to poor conditions and even increased deaths in detention.
“These policies are a recipe for a human rights catastrophe in immigrant detention,” Takei said, “and we are prepared to sue as soon as that human rights catastrophe comes to pass.”
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Of course, an unstated reason for purposely allowing immigration detention conditions to deteriorate is to discourage migrants from 1) coming to the U.S. to seek refuge, 2) making claims for refuge, and 3) continuing to pursue those claims.
By locating U.S. Immigration Courts in private prisons and local facilities in obscure locations where counsel are not available, the Department of Justice purposely erodes due process for the purpose of making the courts part of the enforcement, deterrence. deportation mechanism.
At some point, the Article III Courts will have to decide how much of this unseemly travesty of justice they are willing to allow.
“AUSTIN, Texas ― Immigration and Customs Enforcement detained a domestic violence victim at an El Paso County Courthouse last week shortly after the undocumented immigrant obtained a protective order to shield her from the man accused of abusing her, according to a state news report.
The arrest, first reported by The El Paso Times on Wednesday, would mark a shift in ICE practice under President Donald Trump and has legal experts worried that it will dissuade women from seeking the protection of the courts when they face abuse.
Barbara Hines, who headed the immigration clinic at the University of Texas at Austin and still serves as a professor, said victims of domestic violence have options under the law to normalize their immigration status. The U Visa, for example, protects victims of violence from deportation if they agree to cooperate with law enforcement.
“That’s outrageous. That’s all I can say,” Hines told The Huffington Post, referring to the arrest. “This is very unusual. I would say it’s a terrible precedent and it will discourage survivors of abuse or people being abused from seeking the protection they’re entitled to under our laws…. This is going to make immigrant women fearful of going to the authorities, and it will result in more domestic violence because women will be too afraid to seek protection.”
ICE did not immediately respond to a request for comment.”
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The fear that police cooperation with ICE will dissuade the migrant community from reporting crime and cooperating with local police in solving crimes is one of the factors driving the so-called “Sanctuary Cities” movement.
“WASHINGTON ― When Donald Trump won the presidency in November, Shawn Moran’s border patrol colleagues high-fived and hugged each other.
“There was a real sense that we were going to be able to do our jobs again,” said Moran, vice president at National Border Patrol Council. “That turned out to be true.”
Border Patrol and Immigrations and Customs Enforcement agents complained for years that then-President Barack Obama constrained their ability to fulfill their mission. Trump campaigned on a promise that he would unleash them — and vowed to make large-scale deportation of undocumented immigrants a priority. This won Trump the endorsement of Moran’s group, which represents Border Patrol agents, and the National ICE Council, a union that represents ICE officers.
Now, Moran said, the president is keeping his promise. Immigrant rights advocates, who were horrified at a multi-state deportation effort that swept up more than 680 people last week, agreed.”
“WASHINGTON ― For decades, a central tenet of U.S. immigration policy has been that American citizens should be able to reunite with their siblings, parents and grown children who live abroad. The government doesn’t make this easy. But now, emboldened by President Donald Trump’s anti-immigrant stance, two Republican senators want to make it almost impossible.
Sens. Tom Cotton (R-Ark.) and David Perdue (R-Ga.) introduced a bill on Tuesday that would bar immigrants from bringing almost anyone but their spouses and minor children to the U.S. Latino and Asian Americans, who are more likely to be recent immigrants with family living abroad, would be disproportionately affected by this change.
The bill would also eliminate diversity visas, which many recent African immigrants rely on to get to the U.S., and cap refugee resettlement at 50,000 people per year. The bill doesn’t affect the millions of Irish, German and Italian Americans whose families came to the U.S. in earlier waves of immigration and no longer have close relatives abroad.
The senators predict the bill would cut legal immigration per year by half. They also think it stands a chance of passing.
“Once you get here, you have a green card and you can open up immigration not just to your immediate family, but your extended family, your village, your clan, your tribe,” Cotton said of ending the diversity lottery. “I don’t think it works for American workers.”
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The new GOP “family values?” Would we even be having this discussion if most recent immigrants were “white guys” from Canada, Australia, and the UK? My guess is no. It’s not about protecting American workers. The GOP doesn’t give a hoot about them. That’s why they are anti-union, anti-minimum wage, anti-universal health care, anti-safety net, anti-Medicare, anti-consumer protection, anti-financial regulation, anti-pension, anti-equal pay for equal work, anti-environment, anti-science, anti-public workers, anti-education and anti just about everything that doesn’t directly or indirectly help their fat cat friends get fatter and their business buddies get bigger — more profits, more money for upper management, more tax breaks for the rich, less money, fewer benefits, and no chance at a comfortable retirement for workers. No, something else is at work here.
“WASHINGTON ― The Trump administration provisionally revoked 100,000 visas as part of its ban on travelers from seven Muslim-majority countries, a government lawyer said in court on Friday.
The revelation caused shockwaves on Twitter, but the State Department actually confirmed earlier this week that it had provisionally revoked most visas held by people from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.
State Department officials said later Friday that fewer than 60,000 individuals’ visas were provisionally revoked as a result of the order. “To put that number in context, we issued over 11 million immigrant and non-immigrant visas in fiscal year 2015,” a spokesman for the State Department’s Bureau of Consular Affairs told The Huffington Post.
The Justice Department did not immediately respond to a request for comment on the discrepancy in numbers.”
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As I’ve noted before, to date lawyers have been the only real beneficiaries of the Trump immigration orders.
