"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.
A few times a week, attorney Jodi Goodwin walks across the bridge from Brownsville, Texas, to a refugee camp in Matamoros, Mexico, to meet with asylum-seekers. Her clients are among the more than 2,500 immigrants crammed into tents while they wait for U.S. immigration hearings ― often stuck for months in dirty and dangerous conditions.
The forced return to Mexico of migrants seeking refuge in the U.S. is one of President Donald Trump’s most inhumane immigration policies, yet it hasn’t received nearly the attention that his family separation and prolonged detention practices have.
Since January, under Trump’s “Remain in Mexico” initiative ― also known as the Migrant Protection Protocols (MPP) ― the U.S. government has sent at least 54,000 immigrants to wait for their court dates in Mexican border towns. Instead of staying with relatives in the U.S., families are sleeping in tents for up to eight months, in unprotected areas where infections spread within crowded quarters and cartel kidnappings are commonplace. Family separation ended a year ago. But Trump’s mistreatment of asylum-seekers continues in a different form.
Some parents are so desperate that they’ve resorted to sending their children across the bridge alone, since unaccompanied kids who arrive at the border cannot be turned away under MPP. Since October, at least 135 children have crossed back into the U.S. by themselves after being sent to wait in Mexico with their parents, according to the U.S. Department of Health and Human Services.
In Mexico, many of these migrants don’t have access to lawyers and are forced to plead their cases in makeshift tent courts set up along the U.S. border where overwhelmed judges conduct hearings via video teleconference. The courts have limited public access ― lawyers and translators say that they have been barred from attending hearings. Migrants’ advocates argue that the tent courts violate due process, and immigrant rights organizations have filed a federal lawsuit against Immigration and Customs Enforcement over the use of videoconferencing.
Goodwin, who has 42 clients, said there is a serious shortage of lawyers willing to represent immigrants staying in another country where crime is rife. She spoke with HuffPost about why the Remain in Mexico policy is even more traumatic than separating thousands of families and why it hasn’t sparked public outrage.
AMERICAN IMMIGRATION LAWYERS ASSOCIATION
Jodi Goodwin (center) at the refugee camp in Matamoros, Mexico.
HuffPost: Immigrant parents forced to wait in Mexico are making the heart-wrenching choice to send their kids to the U.S. alone. What are the conditions like at the camp in Matamoros?
Jodi Goodwin: It smells like urine and feces. There’s not enough sanitation. There’s 10 port-a-potties for thousands of people. Up until recently, there was no potable water available at all. People were bathing in the Rio Grande river, getting sick and, in some cases, drowning. People were seriously dehydrated.
The camp sounds completely unfitting for any human being, let alone children.
It’s a horrific situation to put families in. It’s great to live in a tent for the weekend when you’re going to the lake. It’s not great to live in a tent for months at a time where you don’t have basic necessities.
Are kids getting sick?
The kids are sick every day. I’ve seen all kinds of respiratory illnesses and digestive illnesses. I’ve seen chronic illnesses like epilepsy. I saw a baby that appeared to have sepsis who was forced to wait on the bridge for more than three hours before being taken to a hospital.
And what about the kidnappings? Have you heard of families being taken by cartel members who then try and extort an immigrant’s U.S. relatives for money?
About half of the people I’ve spoken to in Mexico have been kidnapped. The cartel knows if they can grab an immigrant, they’re likely to be able to work out a ransom. If they don’t, then they just kill them.
Any specific examples?
I dealt with one case where a mom from El Salvador and her 4-year-old son were kidnapped within an hour of being sent back to Mexico under MPP. They were taken for eight days before her brother in the U.S. paid the kidnappers $7,000.
The lady was terrified. She was sleep-deprived, food-deprived and water-deprived. She said that the people who had kidnapped her were extremely violent and hit her kid. They were drinking alcohol and raping people at a stash house where several other people were being held.
LOREN ELLIOTT / REUTERS
Migrants, most of them asylum-seekers sent back to Mexico from the U.S. under the “Remain in Mexico” program, occupy a makeshift encampment in Matamoros, Mexico, on Oc. 28, 2019.
The last time we spoke, you were on the frontlines of family separation, visiting detention centers where mothers were hysterically crying after being ripped apart from their children. How does the trauma of MPP compare, particularly for parents who are sending their kids across the border alone?
It’s way worse. I can’t with any confidence say that they will ever see their children again.
Why not?
I knew there were legal ways to get out of family separation. We were able to talk with our clients and didn’t have to go off to another country. And for those parents who got through their interviews or their court hearings, we were able to get them back with their kids.
With MPP, the assault is not only on human rights but also on due process within the court systems, which has completely hijacked the ability to be able to fix things. The parents can’t even get into the country to try to reunify with their kids.
Nearly 3,000 children were separated from their parents under Trump’s zero-tolerance policy. Do you think a similar number of families will be ripped apart because of Remain in Mexico?
It could be more. Over 55,000 people have been sent back to Mexico. I’ve talked to so many parents who have sent their kids across. It’s a heart-wrenching decision process that they go through. How do you give up your baby?
It reminds me of Jewish parents who were captives in Nazi Germany and had to convince their kids to get on a different train or go in a different line to save their own lives.
Have you witnessed these separations firsthand?
In November I saw a little boy and his 4-year-old sister sent across the bridge with an older child, who was about 14 years old. The teenager carried the baby boy, who still had a pacifier in his mouth, and the girl was holding onto the older kid’s belt loop.
I was standing on the bridge between Matamoros and the U.S. and I turned around to look down at the bank of the Rio Grande river. Every single parent who has sent their kid to cross tells me the same thing: As soon as they say goodbye and hug their kids, they run to the bank to watch them. [Her voice breaks] I knew there was somebody probably standing on that bank hoping those kids made it across.
Do you still think about those kids?
Oh yeah. The green binky that the little baby was sucking on is knitted in my mind.
VERONICA CARDENAS / REUTERS
The Mexican National Guard patrols an encampment where asylum-seekers live as their tents are relocated from the plaza to near the banks of the Rio Grande in Matamoros on Dec. 7, 2019.
You’ve been working hundreds of hours a month to try and help people stranded in Matamoros. This work must take a toll on you personally.
I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me.
I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.
Family separation resulted in massive outcry from the public, which eventually pressured the government to end the zero-tolerance policy. Why is MPP not getting the same attention?
There is no public outrage because it’s not happening on our soil. It’s happening literally 10 feet from the turnstile to come to the U.S. But because it’s out of sight and out of mind, there is no outrage. What ended family separation was public outrage. It had nothing to do with lawsuits. It had everything to do with shame, shame, shame.
This interview has been lightly edited for length and clarity.
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I’m with you, Jodi!Thanks for your dedication to justice for the most vulnerable!
What’s wrong with this scenario: life-tenured Federal Judges who won’t stand up for the rule of law, Due Process, and Equal Protection in the face of an arrogantly and overtly lawless White Nationalist Regime; DOJ and other U.S. Government lawyers who defend immoral and disingenuous positions in Federal Court, often, as in the Census Case and the DACA Case using pretextual rationales and knowingly false information; dehumanization, with overwhelming racial and religious overtones, of those who deserve our protection and rely on our sense of fairness; undercutting, mistreating and humiliating the brave lawyers like Jodi who are standing up for justice in the face of tyranny; GOP legislators who are lawyers defending Trump’s mockery of the Constitution, human decency, and the rule of law and knowingly and defiantly spreading Putin’s false narratives.
Obviously, there has been a severe failure in our legal and ethical education programs and our criteria for Federal Judicial selections, particularly at the higher levels, and particularly with respect to the critical characteristic of courage. Too many “go alongs to get alongs!” I can only hope that our republic survives long enough to reform and correct these existential defects that now threaten to bring us all down.
Where’s the accountability? Where’s the outrage? Where’s our humanity?
We should also remember that many asylum seekers from Africa, who face extreme danger in Mexico, are also being targeted (“shithole countries?”) and abused as part of the Regime’s judicially-enabled, racially driven, anti-asylum, anti-rule-of-law antics at the Southern Border. https://apple.news/AyYSWSXNfSdOm63skxWaUTQ
Also, morally corrupt Trump Regime officials continued to tout “Crimes Against Humanity” as an acceptable approach to border enforcement and “reducing apprehensions!” Will machine gun turrets be next on their list? Will Article III Judges give that their “A-OK?”
We’re actually paying Article III Federal Judges who are knowingly and intentionally furthering “Crimes Against Humanity.” Totally outrageous!
Last year, the Trump administration ripped apart thousands of immigrant families despite knowing it did not have a tracking system in place that would ensure they could be reunited, according to a new report from the inspector general of the Department of Health and Human Services.
As a result, the public will likely never know how many immigrant children have been separated from their parents.
The Trump administration was prepared to separate more than 26,000 children from their families between May and September 2018 under a zero tolerance policy for unauthorized border crossing, according to the inspector general report released on Wednesday. But in spite of the plan for mass separations ― ultimately blocked in court in June 2018 ― the government didn’t have the technology to track family separations.
The estimate that roughly 3,000 children were taken from their parents between May and June 2018 is undoubtedly lower than the true number.
The Department of Homeland Security failed to accurately record the family relationships of roughly 1,400 children over a year and a half, from October 2017 to February 2019, according to the report.
Immigration officials knew about these technical issues long before the zero tolerance policy was implemented. But they failed to fix them before taking children from their families en masse, making an already traumatic situation for parents and kids all the more chaotic.
“It just confirms that the real policy and attitude of dehumanization of this population,” said Michelle Brané, the director of the Migrant Rights and Justice Program at the Women’s Refugee Commission. “I really think a part of this administration’s approach is that we don’t view this population as having human rights.”
DHS and HHS did not immediately respond to a request for comment.
I really think a part of this administration’s approach is that we don’t view this population as having human rights.
Michelle Brané, director, Migrant Rights and Justice Program at the Women’s Refugee Commission
The Trump administration has admitted that it didn’t have a proper system to track separated families across both DHS and HHS. HHS is responsible for unaccompanied immigrant children, including those taken from their families at the border.
In April, after an internal watchdog report revealed the Trump administration had likely separated thousands more children from their parents than previously known, HHS officials said it could take up to two years to identify them because of the disorganized data. In a court filing, a deputy director at HHS called the process of tracking down these children a “burden” and said the department didn’t have enough staff to take on the project.
During family separation, DHS’s IT system did not have the ability to properly label separated family members or track them after they were split up, according to the inspector general report. As a result, employees came up with various ad hoc methods of tracking families. But they were not standardized across the department and caused widespread confusion once the data reached ICE officers.
Agents were also not properly trained on how to use the existing technology, and mistakes were rampant. Shortly after the zero tolerance policy was implemented, eight children were separately entered into the system despite being from the same family, according to the report. There was also no plan to reunify families post-separation, despite the fact that parents were being deported without their children.
While the stated goal of the zero tolerance policy was to prevent immigrants from being apprehended and released into the U.S. while they awaited legal proceedings ― a process derisively known as “catch-and-release” ― the result was that children were traumatized and detained for record amounts of time.
Brané said the government has still failed to take accountability for its faulty tracking system and the lifelong trauma it has caused these families.
“There was an affirmative decision not to record,” she said. “They continue to drag their feet and act defensive as though this was some sort of natural disaster that happened to them that they didn’t respond to in the best way.”
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So, the victims of these human rights violations continue to suffer while the regime’s “perps” go free and even brag about their White Nationalist racist dehumanization actions. Some are still in Government positions, others are giving speeches, and the evil mastermind of “zero tolerance” Jeff Sessions is running for office. Incredibly, Sessions was actually in charge of insuring that our Government complied with the law and respected individual rights. Instead, he carried out a Jim Crow racist program of human rights abuses, demeaning the Department of Justice and the rule of law in the process. How does this make sense?
This happens when regime flunkies believe that they will never be held accountable for their actions and abuses. Obviously, that’s a view that starts with their Supreme Leader and his party of enabling sycophants.
IN THE TWO YEARS AND 308 DAYS THAT DONALD Trump has been president, he has constructed zero miles of wall along the southern border of the United States. He has, to be fair, replaced or reinforced 76 miles of existing fence and signed it with a sharpie. A private group has also built a barrier less than a mile long with some help from Steve Bannon and money raised on GoFundMe. But along the 2,000 miles from Texas to California, there is no blockade of unscalable steel slats in heat-retaining matte black, no electrified spikes, no moat and no crocodiles. The animating force of Trump’s entire presidency—the idea that radiated a warning of dangerous bigotry to his opponents and a promise of unapologetic nativism to his supporters—will never be built in the way he imagined.
And it doesn’t matter. In the two years and 308 days that Donald Trump has been president, his administration has constructed far more effective barriers to immigration. No new laws have actually been passed. This transformation has mostly come about through subtle administrative shifts—a phrase that vanishes from an internal manual, a form that gets longer, an unannounced revision to a website, a memo, a footnote in a memo. Among immigration lawyers, the cumulative effect of these procedural changes is known as the invisible wall.
In the two years after Trump took office, denials for H1Bs, the most common form of visa for skilled workers, more than doubled. In the same period, wait times for citizenship also doubled, while average processing times for all kinds of visas jumped by 46 percent, even as the quantity of applications went down. In 2018, the United States added just 200,000 immigrants to the population, a startling 70 percent less than the year before.
Before Trump was elected, there was virtually no support within either party for policies that make it harder for foreigners to come here legally. For decades, the Republican consensus has favored tough border security along with high levels of legal immigration. The party’s small restrictionist wing protested from the margins, but it was no match for a pro-immigration coalition encompassing business interests, unions and minority groups. In 2013, then-Alabama Senator Jeff Sessions introduced an amendment that would have lowered the number of people who qualified for green cards and work visas. It got a single vote in committee—his own. As a former senior official at the Department of Homeland Security observed, “If you told me these guys would be able to change the way the U.S. does immigration in two years, I would have laughed.”
. . . .
In November, Cuccinelli was promoted to DHS deputy acting secretary. Kathy Nuebel Kovarik became acting deputy at USCIS and Robert Law, the former FAIR lobbyist, ascended to the head of the policy office. The agency has promised a new flurry of major policy changes before the end of the year. And in what is perhaps the purest expression of the administration’s intentions so far, it started sending Central American asylum seekers to Guatemala with no access to an attorney, no review by an immigration court, far away from the border infrastructure of activists and reporters and lawyers or any form of help at all.
IT’S EASY ENOUGH TO BELIEVE THAT BECAUSE NONE of the Trump administration’s reforms are entrenched in law, they can be overturned as quickly as they were introduced. And yet even though, in theory, the policy memos can all be withdrawn, the “sheer number of both significant and less significant changes is overwhelming,” said Jaddou, the former USCIS chief counsel. “It will take an ambitious plan over a series of years to undo it all.” Formal regulations, like the third-country asylum rule and public charge rule, if it succeeds, will be especially hard to unravel.
The institutional implications run deeper. The backlog of delayed cases will likely take several years to get under control. The administration has promoted six judges with some of the highest asylum denial rates to the Justice Department’s immigration appeals court, including one who threatened to set a dog on a 2-year-old child for failing to be quiet in his courtroom. Those appointments are permanent.
The refugee program, too, will take years to rebuild. The plunge in admissions caused a plunge in funding to the nine resettlement agencies, which have closed more than 100 offices around the country since 2016. That’s a third of their capacity, according to a report by Refugees Council USA. “The whole infrastructure is deteriorating,” said Rodriguez, the former USCIS director. Because the application process is so lengthy, even if a new administration raises refugee admissions on day one, it would take as long as five years before increased numbers of people actually make it to the United States. Consider that in January 2017, the State Department briefly paused in-bound flights for refugees who had finally made it through the gauntlet of health, security and other checks. As of this summer, some of those refugees were still waiting to leave. While the flights were grounded, they missed the two-month window during which all of their documents were current. When one document expires, it can take months to replace, causing others to expire and trapping the refugee in what the report called “a domino effect of expiring validity periods.”
Even harder to repair is the culture shift within USCIS. New visa adjudicators will remain in their jobs long after the political appointees have gone—kings and queens of their own offices. Employees who were promoted for their skeptical inclinations will stay in those positions, setting priorities for subordinates. The multitude of changes at USCIS are the product of an administration that regards immigration as its political lifeblood. There’s no guarantee—or indication—that any of the potential Democratic nominees would apply the same obsessive zeal to overturning them.
Back in 1924, Johnson-Reed’s supporters never anticipated the Holocaust, and yet they expanded its horrors. We don’t know where our own future is headed, but we live in a time of metastasizing instability. Last year, the United Nations’ official tally of refugees passed 70 million, the highest since World War II. Mass migrations, whether because of violence or inequality or environmental calamity or some murky blend of factors that don’t conveniently fit existing laws, are the reality and challenge of our era. There aren’t any easy solutions. But already, what started as a series of small, obscure administrative changes is resulting in unthinkable cruelty. If left to continue, it will, in every sense, redefine what it means to be American.
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Read Rachel’s entire, much longer, article at the link.
Building Due Process and fundamental fairness is a painstaking incremental process that takes years, sometimes decades, to achieve. Destroying it can happen basically overnight.
This should never have happened if the Supremes had stood up to the Administration’s unconstitutional, factually bogus, racist, religiously targeted “Travel Ban” instead of green-lighting the return of “Jim Crow 2” under a clearly pretextual and fabricated “national security” facade. Judicial complicity and task avoidance enables cruelty and the destruction of democratic institutions (including, ultimately, the independent judiciary). That’s why the “New Due Process Army” is in it for the long run!
Constantly Confront Complicit Courts 4 Change!
Due Process Forever. White Nationalism Never! Complicit Courts Never!
Today’s biggest story set the scene for news that continues to develop about the Ukraine scandal.
The big story, in terms of its ability to frame the crazy events coming at us at top speed, happened last night, when Attorney General William Barr gave a speech to the Federalist Society, a group of conservative and libertarian lawyers who argue for an originalist interpretation of the Constitution. The conviction of members of the Federalist Society that courts should not do anything that is not listed in the original Constitution makes them great friends to business and to white men, since they focus on the protection of property and deny that laws can regulate business, provide a basic social safety net, or protect minority or women’s rights. The Federalist Society organized in 1982 to push back against what its members felt was an activist court system that tried to reorganize society from the bench. It has been extraordinarily successful in taking over the courts: currently five members of the nine-member Supreme Court are current or past Federalist Society members: Clarence Thomas, John Roberts, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh.
In his speech, Attorney General William Barr claimed he was going truly to be an originalist, and explained by taking American history back to its roots. In contrast to every single American historian in, well, American history, Barr argued that Americans had rebelled not against King George III in 1776, but rather against Parliament. What the Founders feared, he said, was not a strong executive, but rather a strong Parliament. (You can tell where this is going, right?) Barr was setting up the idea that Congress has grown far too strong lately (in fact, virtually every scholar will tell you that it is the Executive that has grown terribly strong since 1981) and that it is badly hampering the president’s ability to do his job. The president should be able to act on his own initiative, and not be checked by either congressional or judicial oversight, Barr insisted, in a theory known as that of the “unitary executive.”
Barr did not stop there, though. He went on to blame “The Resistance” for sabotaging the Trump administration, and claimed that its members were “engaged in a war to cripple, by any means necessary, a duly elected government.” More, he claimed “the Left” is “engaged in the systematic shredding of norms and the undermining of the rule of law.” Conservatives, he said, were at a disadvantage against progressive’s “holy war” because they “have more scruple over their political tactics” especially when facing “a hyper-partisan media.” (You might want to reread those last two sentences.)
Richard Painter, who was George W. Bush’s ethics lawyer, called this a “lunatic authoritarian speech.” Attorneys General are supposed to be non-partisan, and Barr lumped all opposition to Trump as the dangerous far left. The “Left,” in America, generally refers to those few people who advocate for communism—a system in which the government owns and controls all industries and businesses– or anarchy, a system in which there is no central authority at all. It’s actually a pretty small group. But Barr, and other recent Republicans, have included in “the Left” everyone who believes that the government has any role to play in regulating business, providing a basic social safety net, and promoting infrastructure, all those things the Federalist Society opposes. In fact, most of us, regardless of whether we vote Republican or Democratic, want some basic regulations, social welfare programs, and infrastructure development.
But now the Attorney General, who is charged with overseeing our justice system, has declared that anyone standing in the way of Trump is not just a member of “the Left” but also is waging war against America. Painter is quite right: this is the language that enables a leader to imprison people he considers his enemies.
Barr is not saying all this in a vacuum. More news dropped today about the Ukraine scandal, filling in the lines we already suspected. Congress released transcripts today from Tim Morrison and Jennifer Williams, both of whom were deeply involved in the Ukraine mess and were on the July 25 call between Trump and Zelensky. A long-time career official in the State Department, Morrison replaced Fiona Hill as the Senior Director for Russia and Europe in July 2019. Williams is another long-standing career officer in the State Department. Since April 2019, she has been the Special Adviser for Europe and Russia for Vice President Mike Pence. Morrison said that Ambassador to the European Union Gordon Sondland made it clear that aid was being withheld until there was an announcement about an investigation into Burisma, the company on whose board Hunter Biden sat.
This jibed with the opening statement of David Holmes, the political counselor at the Embassy in Kyiv, who testified for seven hours yesterday behind closed doors. Holmes was an eye-witness to the efforts of Trump, his lawyer Rudy Giuiliani, and Ambassador to the European Union Gordon Sondland, to pressure the new Ukraine president Volodymyr Zelensky into announcing an investigation into Burisma, the company on whose board Hunter Biden sat. Holmes’s opening statement was explosive. It was not only first hand, but also it tied Trump directly into the efforts, and it made very clear that the administration was demanding the announcement of an investigation before it would release the money Congress had appropriated for Ukraine’s fight against Russian incursions. Holmes also said that he had reported what he had heard to John Eisenberg, Legal Advisor to the National Security Council, the same man to whom Lt. Col. Alexander Vindman had reported the July 25 call, and, once again, Eisenberg had done nothing. (Eisenberg is refusing to honor a subpoena to testify.)
Then, CNN dropped the story that at last year’s White House Hanukkah party Lev Parnas and Igor Fruman met privately with Trump and Giuiliani. After the meeting, Parnas told two people that the president had given him a secret mission to pressure the Ukraine government to investigate Joe and Hunter Biden. The Wall Street Journal reports that in February, Parnas and Fruman met with the Ukraine President at the time, Petro Poroshenko, and his Prosecutor General Yuriy Lutsenko, offering to invite Poroshenko to a White House State dinner if he publicly announced an investigation. As I wrote here two days ago, this would have boosted both Poroshenko’s and Trump’s reelection campaigns. In March, Lutsenko smeared U.S. Ambassador to Ukraine Marie Yovanovitch to an American reporter and Sean Hannity ran with the story on his show, but the scheme fell apart when voters elected Zelensky instead of reelecting the corrupt oligarch Poroshenko. Then they had to scramble to come up with a new plan, and the whole ham fisted Ukraine scandal took off.
The Ukraine scandal is fleshing out, and it is truly astonishing that there is not more evidence that can be read in Trump’s favor. This increasingly just looks like a shakedown that weakened national security to help Trump rig the 2020 election. Meanwhile, in northern Syria, where Turkish and Russian troops moved in when we moved out, the Russians boasted yesterday that they have now occupied a former U.S. air base.
Trump spent several hours today at Walter Reed hospital. The visit was unexpected and unannounced, but the White House said he had decided to have portions of his annual physical done three months early.
Attorney General Bill Barr Is Getting Roasted for His Outrageous Speech Blasting Progressives
As the impeachment hearings continued, Attorney General Bill Barr on Friday trash-talked Democrats for attempting to “drown the executive branch with oversight demands,” saying they were working for political gain without thinking of the consequences.
“In waging a scorched-earth, no-holds-barred war against this administration, it is the left that is engaged in shredding norms and undermining the rule of law,” Barr told a room of attorneys at the annual gathering of the Federalist Society, a conservative legal group that has been influential in determining President Donald Trump’s nominees for federal judges.
The remarks about Democrats ignoring the rule of law were especially ironic because they came a mere hours after Roger Stone, one of Trump’s previous advisers, was convicted on all counts for lying to Congress during its probe into Russia’s interference in the 2016 election. The attorney general’s speech also came on the second day of presidential impeachment hearings examining allegations that Trump attempted to interfere in the 2020 elections by asking Ukrainian President Volodymyr Zelensky to investigate former Vice President Joe Biden and his son Hunter.
Barr criticized Democrats for launching a “holy war” and using “any means necessary to gain momentary advantage,” while he said conservatives “tend to have more scruple over their political tactics and rarely feel that the ends justify the means.”
. . . .
Barr reportedly received a standing ovation, but outside the halls of the Federalist Society, his remarks sparked outrage and intensified calls from the left to impeach not only the president, but the attorney general himself. Others were quick to roast Barr for his statements. “Bill Barr is the type of bare knuckles lawyer the Church would have hired thirty years ago to cover up sex abuse cases,” Richard Painter, a former White House ethics counsel, tweeted.
. . . .
“Yesterday AG Barr addressed a radical political group and gave one of the most vicious partisan screeds ever uttered by a US cabinet officer,” Rep. Bill Pascrell (D-N.J.) tweeted Saturday morning. “Barr says trump should have king-like powers. Barr is a liar and a fanatic and should be impeached and stripped of his law licenses.”
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Read Samantha’s complete article which includes the full the two of a number of tweets at the link.
Hours after a new witness testified in the House’s latest impeachment hearing on Friday, Attorney General William Barr railed against Democrats for declaring a “war of resistance against this administration.”
In a speech before the conservative Federalist Society, Barr rebuked lawmakers for probing President Donald Trump’s potential power abuses, suggesting their efforts are illegitimate.
“The sheer volume of what we see today ― the pursuit of scores of parallel investigations through an avalanche of subpoenas ― is plainly designed to incapacitate the executive branch, and indeed is touted as such,” Barr said. “The costs of this constant harassment are real.”
Barr’s portrayal of oversight as harassment echoes Trump’s repeated claims that he is the victim of a partisan “witch hunt” rather than the subject of a justified inquiry into his dealings with Ukraine, which remain at the heart of Democratic-led impeachment proceedings.
“The fact of the matter is that, in waging a scorched earth, no-holds-barred war of resistance against this administration, it is the left that is engaged in the systematic shredding of norms and undermining the rule of law,” Barr added. “This highlights a basic disadvantage that conservatives have had in contesting the political issues of the day.”
President Trump is convinced he has the “absolute right” to do anything from asking other countries to investigate his political opponents to pardoning himself. But he couldn’t possibly tell you why — aside from his innate conviction that “when you’re a star, they let you do it” — you can get away with anything. Enter Attorney General William P. Barr to put a pseudo-intellectual gloss on Trump’s authoritarian instincts. In a Friday night speech to the Federalist Society, Barr gave a chilling defense of virtually unlimited executive authority.
Barr’s wrongheaded assumption was that “over the past several decades, we have seen steady encroachment on presidential authority by the other branches of government.” His view faithfully reflects the conservative consensus of the 1970s when he was a CIA analyst and a law student. Few serious analysts share that view today at a time when the president claims the authority to kill suspected terrorists anywhere in the world without any judicial oversight. In fact, conservatives decried President Barack Obama’s tendency to rule by fiat — for example, in protecting “dreamers” from deportation or reaching a nuclear agreement with Iran that wasn’t submitted for Senate ratification.
Trump has now taken rule-by-executive-order to the next level by declaring a “state of emergency” to spend money on his border wall that Congress refused to appropriate. Trump has also misused his authority in myriad other ways, including obstructing justice (as outlined in a special counsel report that Barr deliberately mischaracterized) and soliciting a bribe from Ukraine to release congressionally appropriated military aid.
Yet, to hear Barr tell it, Trump is somehow denied power by the nefarious “Resistance.” Barr decried Trump critics who do not view “themselves as the ‘loyal opposition,’” but rather “see themselves as engaged in a war to cripple, by any means necessary, a duly elected government.”
Earth to Barr: Trump does not treat his critics as “the loyal opposition.” He calls them “human scum,” “traitors” and “the enemy of the people,” using the language of dictators. And it is Trump and his toadies — not his opponents — who are “willing to use any means necessary to gain momentary advantage.”
Barr went on to blame the “Resistance” for Trump’s failure to get more nominees confirmed. The real problem is Trump’s incompetence and his preference for “acting” appointees to dodge the constitutional requirement to seek the Senate’s “advice and consent.” (Trump has not nominated anyone for nearly 20 percent of the top federal jobs.) If Barr wants to find a real abuse of the confirmation process, he should talk to Merrick Garland.
As devoid of self-awareness as his master, Barr whines about “the pursuit of scores of parallel ‘investigations’ through an avalanche of subpoenas.” He conveniently forgets that Republicans tried to impeach President Bill Clinton for lying about sex and spent years probing the Benghazi, Libya, attack in a failed attempt to blame Hillary Clinton. Trump is stonewalling congressional subpoenas at an unprecedented rate, forcing Congress to seek judicial assistance to enforce legitimate requests for documents and witnesses. But Barr denies that the courts have any right to “resolve … disputes” between the executive and legislative branches — effectively allowing the president to act like a king.
The attorney general went on to rail against judicial review of administration actions such as “the travel ban.” This was ultimately upheld by the Supreme Court after the administration rewrote the initial versions, which constituted clear discrimination on religious grounds. Yet Barr is still aggrieved that the courts dared “to inquire into the subjective motivation behind governmental action” — i.e., to look at Trump’s own words about banning Muslims rather than accept the administration’s disingenuous explanations.
Barr blamed the courts and the president’s critics for the fact that so many administration actions have been challenged in court. The truth is Trump has nobody but himself to blame. Many of the lawsuits accuse the administration of violating the Administrative Procedure Act, which the executive branch can comply with simply by showing that its actions are not “arbitrary and capricious.” This is an incredibly low standard, which is why the normal “win rate” for the government in such cases is about 70 percent. According to the Institute for Policy Integrity at the New York University School of Law, the Trump administration’s win rate is less than 7 percent.
Trump likes to blame such setbacks on “Obama judges,” but many of the judges ruling against him are Republican appointees. Chief Justice John G. Roberts Jr., for example, wrote the 5-to-4 decision in June in which the Supreme Court blocked Trump’s attempt to include a citizenship question on the 2020 Census.
“In this partisan age,” Barr sanctimoniously concluded, “we should take special care not to allow the passions of the moment to cause us to permanently disfigure the genius of our Constitutional structure.” He is right, but not in the way he intended. The real threat to “our Constitutional structure” emanates not from administration critics who struggle to uphold the rule of law but from a lawless president who is aided and abetted in his reckless actions by unscrupulous and unprincipled partisans — including the attorney general of the United States.
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Mary Papenfuss Contributor HuffPost
Finally, let’s hear from Mary Papenfuss, also at HuffPost:
Attorney General William Barr’s latest extreme defense of Donald Trump has triggered a wave of calls for his impeachment — and disbarment.
Richard Painter, the former chief White House ethics attorney in the George W. Bush administration, tweeted that Barr’s remarks Friday before the conservative Federalist Society were “another lunatic authoritarian speech” amid an impeachment investigation into the president. He claimed that Barr — a member of the conservative Catholic society Opus Dei — is “the type of bare knuckles lawyer the Church would have hired thirty years ago to cover up sex abuse cases.”
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Read the rest of Mary’s article at the link.
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Somewhat “below the radar screen:” Barr’s repetition of Session’s blatantly unethical performance by acting as a “quasi-judicial decision maker” in Immigration Court cases where he clearly has both an actual and apparent bias in favor of a party, the DHS, and against another party, the individual migrant, particularly any asylum seeker.
Obviously, viewed through Barr’s perverted historical lens, we’ve made some seriously wrong moves.According to Barr’s interpretation, we should have allied ourselves with Hitler during World War II. Now, there’s a guy who understood the concept of the “Unitary Executive.” And, he sure knew how to deal with opposing legislators, “the resistance,” and others who were “enemies of the state” or of “inferior stock.” Why on earth would we have aligned ourselves with, and helped rebuild, the noxious parliamentary democracies of the West?
One of our allies, Stalin, did actually demonstrate the wonderful power of the “Unitary Executive” — talk about a guy who WAS the State and annihilated all opposition, real and imagined! He certainly would have known what to do with subversives who preached “impeachment” under the Constitution!
But, concededly, Stalin’s godless communism doesn’t fit in well with Barr’s Catholic Christian theocracy (minus, of course, the social justice teachings of Christ and the Catholic Church). Hitler’s pure Aryian Christian superiority was a much better fit with Barr’s historical outlook.
Of course, according to the Barr view, the seminal figure in Republicanism, Abe Lincoln, erred by not aligning himself with Jeff Davis and the Confederacy. Davis certainly knew how to operate without much legislative accountability. And the founders of the Confederacy also possessed Barr’s superior understanding of the relationship between the State and the Divine: “establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity — invoking the favor and guidance of Almighty God.”
Sure, easy to believe that God was always a big fan of enslavement, rape, brutality, white privilege, and theft of services from enslaved African Americans, who also happened to be believers in God. Fits right in with Barr’s dehumanization of Hispanic workers, trashing of LGBTQ Americans, denial of rights to asylum seekers, threats to political opponents, and war on Hispanic Americans who have the audacity of wanting to vote and live peacefully in their communities without being terrorized by DHS enforcement.
George Washington, who wrongly refused to install himself as either King or “President for Life” was, according to Barr’s historical perspective, a dangerous wimp who diminished the potential powers of the “Unitary Executive.”
Undoubtedly, our Founders had their flaws. After all, the Constitution not only enshrined the dehumanization of African Americans, who had actually made the success and prosperity of the American Republic possible, but also excluded the majority of inhabitants from political participation.
But, unlike Barr and his fellow “originalists,” our Founders were largely persons of vision and good will who had enough self awareness and humility to see a better and more dynamic future. They would certainly be shocked and dismayed to find out that rather than viewing our Constitution rationally, as a blueprint to be built upon for a better, more inclusive, more tolerant future, two plus centuries later, individuals like Barr holding supposedly responsible positions under our Republic, would be mindlessly and immorally urging us never to escape the limitations and mistakes of our distant past.
Disturbingly unqualified as he is to serve as our Attorney General, Barr does illustrate the moral and legal bankruptcy of the “fake doctrine” of “originalism.” It’s actually an intellectually indefensible excuse for an empowered, largely White, predominantly male, minority to exclude the majority of America’s inhabitants and their hopes and dreams from full participation in our democracy. It’s as ugly and dishonest as Barr’s own tenure as Attorney General.
The White House is reportedly exploring a legal loophole that would allow President Donald Trump to pick “whomever he wants” to fill the top job at the Department of Homeland Security, potentially paving the way for a hardliner who’s vigorously defended Trump’s immigration agenda to lead the department.
The president has been searching for someone to take the reins at DHS since the department’s Acting Secretary Kevin McAleenan announced his resignation earlier this month after just six months on the job.
Though McAleenan — the fourth DHS chief since Trump took office — implemented some of the president’s more extreme immigration policies and saw a drop in border crossings during his tenure, the official’s relationship with the White House was reportedly rocky from the get-go.
An “isolated” McAleenan admitted to The Washington Post in a recent interview that he’d struggled to control the department, which he viewed as a neutral law enforcement agency, and prevent it from being used as a partisan tool.
With McAleenan out, Trump was expected to tap a replacement whose views were more aligned with his own. The New York Times first reported on Tuesday that the White House was mulling a legal loophole so the president could potentially do just that. The Wall Street Journal corroborated the news.
Trump’s two favored picks for the top DHS job are reportedly Ken Cuccinelli, the acting director of the U.S. Citizenship and Immigration Services, and Mark Morgan, acting commissioner of U.S. Customs and Border Protection. Both officials, who were nominated to their roles by Trump earlier this year, have publicly defended and championed the president’s hardline immigration agenda.
But according to earlier reports by the Wall Street Journal and Politico, Trump was recently informed by his staff that neither Cuccinelli nor Morgan would be eligible for the role under a federal statute that dictates who can fill cabinet-level positions.
Under the federal Vacancies Act, acting officials taking on cabinet-level jobs must either be next in the line of succession, be confirmed by the Senate or have served for at least 90 days in the past year under the last Senate-confirmed homeland security chief, who in this case is Kirstjen Nielsen.
Nielsen resigned in April.
Neither Cuccinelli, who Politico reported was a favorite of immigration hawks inside the administration, nor Morgan would fulfill the requirements of the statute, Sean Doocey, head of the White House Presidential Personnel Office, reportedly told Trump.
It’s believed that both men would face a difficult path to Senate confirmation. Cuccinelli, for one, has made many enemies in the Senate, having repeatedly clashed with Majority Leader Mitch McConnell (R-Ky.) and other incumbent Republicans as president of the anti-establishment Senate Conservatives Fund.
McConnell has previously expressed his “lack of enthusiasm” at the prospect of Cuccinelli’s elevation to head the DHS.
According to the Times, however, the White House is considering a loophole that would allow Trump to bypass the Vacancies Act and potentially pick Cuccinelli or Morgan for the job anyway.
“Under this route, the White House would tap someone to be the assistant secretary of the Countering Weapons of Mass Destruction Office, which is vacant, and then elevate that person to be the acting secretary of homeland security,” the Times said, citing an administration official familiar with the deliberations.
“The chief of that office is known as an ‘inferior officer,’ and under an exception in the laws governing appointments, such officials can be appointed to acting positions with the sole approval of the president,” the paper continued.
The Journal elaborated on how this plan would work.
Under a 2017 law, the DHS secretary has the authority to change the department’s line of succession beyond its top three positions, which all require Senate confirmation, the paper said. Those top three posts, however, have been vacant for months.
The White House has therefore considered asking McAleenan to change the line of succession by elevating the assistant secretary of the obscure CWMD office to the number four position, the Journal reported. Since Trump can appoint anyone to the CWMD role without the need of Senate approval, whoever is tapped for the job could then be next in the line of succession for the top DHS role.
“And then the Asst Sec for CWMD can serve … indefinitely as acting DHS Sec,” said Anne Joseph O’Connell, a Stanford law professor who specializes in administrative law and federal bureaucracy, in a Tuesday night Twitter thread.
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Read the rest of Dominique’s story of massive Administration corruption, dishonesty, and clear abuse of public funds (we’re paying Trump and his gang of scofflaw thugs to look for ways around our Constitution and the statutes enacted by Congress!) at the link.
Remember, folks, these are the are the same corrupt officials who keep falsely referring to legitimate asylum and refugee laws as “loopholes.”
So, given that Trump is thumbing his nose at Mitch McConnell, why doesn’t Congress step in and put an end to this illegal nonsense once and for all?
Note that “Big Mac With Lies” is being asked to perform yet one final act of sleazy subservience to knowingly undermine the rule of law on his way out. Will he go down for Trump one final time? He claims he has “no plans to do so.” But, remember, “Big Mac” lies!
The real problem here actually is the Supremes, who in the “Travel Ban Case” signaled that at they had no intention of requiring Trump to operate within the Constitution. Trump has taken this statement of judicial task avoidance to heart and used it to run over the rights of all Americans (not just migrants and asylum seekers).
Think how things might be different if right off the bat the Supremes had unanimously applied the Constitution to stop Trump’s misdeeds and had also “just said no” to GOP gerrymandering which threatens our democracy. That’s what “profiles in judicial courage” might have looked like.
Sen. John Cornyn (R-Texas) defended President Donald Trump’s widely condemned decision to withdraw American troops from northern Syria, claiming it was an appropriate move if Turkey was “trying to ethnically cleanse” U.S.-allied Kurdish forces in the region.
“If Turkey was planning on coming into northern Syria and trying to ethnically cleanse the Kurds, and U.S. troops were caught in the middle, I am not completely convinced that it was a bad idea to get them out of harm’s way,” Cornyn told reporters Wednesday, reported The Dallas Morning News.
He added, however, that he wishes there had been “more consultation with Congress and others and our allies in the region.”
The Republican lawmaker’s comments came just hours after Trump announced he was lifting sanctions against Turkey, which agreed to a cease-fire against the Kurds in northeast Syria. Trump took credit for the deal, though Democrats and some Republicans say his decision to upend American foreign policy in the region enabled Turkey to launch a military offensive against the Kurds earlier this month.
Fighting between Turkey and the Kurdish-led Syrian Democratic Forces, the main U.S. ally in the fight against the self-declared Islamic State in Syria, has resulted in the deaths of dozens of people and the displacement of thousands more.
During the fighting, Turkish-backed Arab fighters killed Hevrin Khalaf, the head of a Kurdish political party. A militant group posted a gruesome video of her execution online.
Foreign policy experts warned Trump’s decision to essentially abandon the Kurds could lead to their genocide by Turkey, which considers them to be terrorist insurgents. The House overwhelmingly passed a resolution last week to condemn the president’s move.
But Trump patted himself on the back Wednesday, claiming the U.S. and “nobody else” was responsible for avoiding all-out war in northern Syria.
“We have done them a great service and we’ve done a great job for all of them,” Trump said of Turkey, Syria and the Kurds. “And now, we’re getting out. … Let someone else fight over this long-bloodstained sand.”
Cornyn told reporters Wednesday that things need to “play out a little bit” before he could say whether he felt Trump’s decision to lift sanctions was the right move.
Asked Thursday about his “ethnically cleanse” remark, Cornyn appeared to walk it back some.
“I wasn’t very clear,” he told HuffPost. “If the U.S. isn’t committed to stay in Syria, getting our troops out of harm’s way where they might be injured or killed during the inevitable conflict between the Turks and the Kurds was something I was concerned about.”
Start a war, abandon your allies, give away their homes in a cease fire, protect the oil fields, lend a hand to Erdogan, Putin, and Assad, three of the worst autocrats around (but not as inept as “autocrat wannabe” Trump). Now that’s a foreign policy that the GOP can be proud of.
Also, since we have declared Syria to be of “no particular concern” to us, for just whom are we “protecting” the Syrian oil fields: Putin? Assad? Erdogan? Iran?
And from whom? An ISIS that was once largely beaten but that now has been rejuvenated by Trump’s treacherous policies?
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.
“‘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.
“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 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:
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.”
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.”
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.
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, toldJim 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!
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.”
Law enforcement officials block a road early Sunday morning at the scene of a mass shooting that occurred Saturday at a shopping complex in El Paso.
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.
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?”
GREENVILLE, N.C. — Mark and Nancy Dawson think Muslims should be removed from the United States.
The couple drove an hour and a half from Seaboard, North Carolina, for Wednesday’s campaign rally for President Donald Trump. They arrived early, setting up some lawn chairs in the shade of a tree as temperatures climbed toward 100 degrees outside Williams Arena.
“I think Muslims should be kicked out of the country because Sharia law is not conducive to the Constitution, period,” said Mark, a retiree in a camouflage “Trump 2020” baseball cap and a T-shirt emblazoned with the words “United States of America: Love It or Leave It.”
“I don’t hate them,” Nancy, a retired IBM programmer, said of Muslims. “I just think they should go back where they can be together and have their own country and their own religion.”
The Dawsons’ vision of mass deportation didn’t feel like much of a fringe position at Wednesday’s “Keep America Great” rally in Greenville. When the president took the stage, he reupped his call for four Democratic congresswomen of color, all four of whom are American, to “go back” to the countries they came from.
When the president attacked Rep. Ilhan Omar (D-Minn.) — who came to this country as a Somali refugee before becoming a citizen — thousands of people inside the arena broke into a chant of “Send her back!”
It was an arresting scene: a predominantly white crowd of thousands, many in red “Make America Great Again” hats, encouraging a receptive president to illegally deport one of his political opponents, who is a black, Muslim American woman.
To scholars of fascism — who have been ringing the alarm bells since Trump began his climb to power in 2015 — the rally in Greenville felt like an escalation. Like the U.S. just made another leap toward outright fascism.
“I am not easily shocked. But we are facing an emergency,” tweeted Jason Stanley, a Yale University philosophy professor and author of the book “How Fascism Works.”
“Journalists must not get away with sugar coating this,” Stanley wrote. “This is the face of evil.”
Ruth Ben-Ghiat, a history professor at New York University who is an expert on fascism and propaganda, saw historical parallels in the Greenville rally.
“Trump has created a corps of supporters fanatically loyal to him who turn his latest racist messages into group rituals (chants, slogans) and who hate the people he tells them to,” Ben-Ghiat told HuffPost.
“All of this is consistent with the leader-follower relationship of fascist regimes.”
“Oh yea, it’s a fascist rally,” said Shane Burley, author of the book “Fascism Today: What It Is and How to End It.”
“I think that this rally is a rhetorical and political escalation for Trump, establishing him firmly to the right of his 2016 election,” Burley told HuffPost in a text exchange. “Which is what he wants to do because he wants to double down on his base for support, and he is doing that by playing on racist populism to create that motivation.”
This strategy, Burley said, will ensure that Trump supporters will “escalate their political behavior, which can be expressed violently, as we have seen with the rise of groups like Patriot Prayer.”
“I think that the rhetoric he chose to use, both about the congresswoman and with regards to the antifascist left, will have the result of inspiring violence.”
Inside the arena Wednesday, Trump supporters cheered on a brief act of violence. When a protester briefly interrupted the president’s speech, he was tackled by security guards and arrested. The crowd roared, breaking into a chant of “U-S-A!”
Trump, of course, has already inspired much more serious political violence, especially toward Somali-Americans like Omar.
In January, three Trump supporters, who belonged to a militia group called the “Crusaders,” were each sentenced to 25 years in prison for plotting to massacre Somali Muslims in Garden City, Kansas. That same month, two other Trump-supporting militia group members pleaded guilty to bombing a Somali mosque in Minnesota.
Among Trump supporters in Greenville on Wednesday, anti-Muslim bigotry was ubiquitous.
“Islam is not a real religion,” Bud “Wizzard” Harrell, a 61-year-old resident of Bear Grass, North Carolina, stated falsely. “It’s a religion of wars is what it is. Read the [Quran]. I’ve read a little bit. All I’ve seen is hateful stuff in there, vile, hateful stuff.”
“And also I see, just like what’s happening to Europe, they’re trying to do here: invade our country and get enough people in to have voting power to take over and control our country, and that’s what it is, an invasion,” Harrell said of Muslim immigrants, in a perfect recitation of the white supremacist “Great Replacement” conspiracy theory, which motivated a shooter to massacre 51 Muslims inside two New Zealand mosques this past March.
Brian Innis, a military veteran from Roanoke Rapids, North Carolina, said he supported Trump’s 2016 proposal to ban all Muslims — 1.7 billion people — from entering the U.S.
“Hardly no terror attacks being performed in the world by Christians,” Innis stated, incorrectly. “I wouldn’t say it’s called profiling, but you have to direct the issue where it’s coming from, and that’s where it’s stemming from.”
Trump supporters here also refused to entertain the idea that the president was racist when he told the four congresswomen of color — Reps. Omar, Alexandria Ocasio-Cortez (D-N.Y.), Ayanna Pressley (D-Mass.) and Rashida Tlaib (D-Mich.) — to “go back” to their own countries.
Telling people of color to “go back” where they came from is a foundational white nationalist insult in American history. (When nine black teenagers integrated a school in Little Rock, Arkansas, in 1957, a mob of a thousand white people heckled them with screams of “Go back to Africa.”)
Danny Sills, a 50-year-old truck driver from Williamston, North Carolina, said the president’s remarks about the congresswomen were “absolutely not” racist.
“If they wanna come here and assimilate and be Americans, they’re fine to be here,” he said of the congresswomen. “If they’re gonna try and destroy this country from within, they need to be somewhere else.”
As at every Trump rally before it, there was a widespread hatred of the press in Greenville, a well-documented characteristic of fascist movements.
Trump, after all, has spent his entire presidency calling the media “fake news” and “the enemy of the people.” It’s a view his supporters have embraced wholeheartedly.
As people stood in line outside the arena, MAGA merchants hawked “CNN sucks!” T-shirts while a band of teenagers in MAGA hats played a song called “CNN sucks.”
As this HuffPost reporter conducted interviews outside the rally, with supporters who wanted to answer questions, he was approached by a police officer, who warned him that there had been complaints he was “threatening and harassing” event attendees. The cop warned that if he received more complaints, this reporter would be removed from the rally.
When some reporters in the press pit stayed seated during the pledge of allegiance and the national anthem, Trump supporters angrily yelled “Stand up, media!” from the stands.
And of course, when Trump attacked the media in his speech, the crowd went wild.
“I don’t listen to Fox, I don’t listen to CNN. I don’t listen to any of ’em,” said Allicyn Steverson, a 57-year-old teacher from Florence, South Carolina. “I listen to Trump’s tweets and his QAnons.”
QAnon, or simply “Q,” is an anonymous poster, or posters, on message boards like 8chan, who claims to be a government official with high-level security clearance. Followers of Q believe that this anonymous poster is secretly working with the Trump administration to arrest Democrats en masse. QAnon is, in essence, a pro-Trump conspiracy theory — one with a large following.
“We had Q shirts on and [the Secret Service] made us take our shirts off,” Steverson said.
“They said they were given orders that if anyone had a Q shirt on they had to take it off, so we had to go buy these,” Steverson added, pointing to brand-new Trump T-shirts she and her friend were wearing.
Steverson said she wasn’t mad though. She was sure the Trump campaign had its reasons.
Inside the arena in Greenville, the devotion to Trump was complete. And it seemed like the president could feel it.
“Just returned to the White House from the Great State of North Carolina,” Trump tweeted Wednesday night. “What a crowd, and what great people. The enthusiasm blows away our rivals on the Radical Left. #2020 will be a big year for the Republican Party!”
Omar, however, had a tweet of her own, posting a verse from the poem “Still I Rise” by American poet Maya Angelou.
“You may shoot me with your words / You may cut me with your eyes / You may kill me with your hatefulness / But still, like air, I’ll rise.”
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The real danger to America comes not from those who peacefully exercise their Constitutional right to dissent and criticize Government policies. No, it comes from thoselike Trump who spread lies and false narratives intended to incite hate and violence against “the other.” Really the key to Nazism.
Today, Trump disingenuously tried to distance himself from the hate chant he encouraged. As usual, he lied. The videos of the event show the ugly truth. Trump and his supporters are the ones who hate the real America and who are committed to destroying our Constitution and our democracy. The GOP has shown itself to be Trump’s party of facism. Can the rest of us stop them before it’s too late for America and the world?
WASHINGTON (AP) — The Trump administration on Monday moved to end asylum protections for most Central American migrants in a major escalation of the president’s battle to tamp down the number of people crossing the U.S.-Mexico border.
According to a new rule published in the Federal Register , asylum seekers who pass through another country first will be ineligible for asylum at the U.S. southern border. The rule, expected to go into effect Tuesday, also applies to children who have crossed the border alone.
There are some exceptions: If someone has been trafficked, if the country the migrant passed through did not sign one of the major international treaties that govern how refugees are managed (though most Western countries have signed them) or if an asylum-seeker sought protection in a country but was denied, then a migrant could still apply for U.S. asylum.
But the move by President Donald Trump’s administration was meant to essentially end asylum protections as they now are on the southern border.
The policy is almost certain to face a legal challenge. U.S. law allows refugees to request asylum when they arrive at the U.S. regardless of how they did so, but there is an exception for those who have come through a country considered to be “safe.” But the Immigration and Nationality Act, which governs asylum law, is vague on how a country is determined “safe”; it says “pursuant to a bilateral or multilateral agreement.”
Right now, the U.S. has such an agreement, known as a “safe third country,” only with Canada. Under a recent agreement with Mexico, Central American countries were considering a regional compact on the issue, but nothing has been decided. Guatemalan officials were expected in Washington on Monday, but apparently a meeting between Trump and Guatemalan President Jimmy Morales was canceled amid a court challenge in Guatemala over whether the country could agree to a safe third with the U.S.
The new rule also will apply to the initial asylum screening, known as a “credible fear” interview, at which migrants must prove they have credible fears of returning to their home country. It applies to migrants who are arriving to the U.S., not those who are already in the country.
Trump administration officials say the changes are meant to close the gap between the initial asylum screening that most people pass and the final decision on asylum that most people do not win. But immigrant rights groups, religious leaders and humanitarian groups have said the Republican administration’s policies amount to a cruel and calloused effort to keep immigrants out of the country. Guatemala, Honduras and El Salvador are poor countries suffering from violence .
Along with the administration’s recent effort to send asylum seekers back over the border , Trump has tried to deny asylum to anyone crossing the border illegally and restrict who can claim asylum, and Attorney General William Barr recently tried to keep thousands of asylum seekers detained while their cases play out.
Nearly all of those efforts have been blocked by courts.
Meanwhile, conditions have worsened for migrants who make it over the border seeking better lives. Tens of thousands of Central American migrant families cross the border each month, many claiming asylum. The numbers have increased despite Trump’s derisive rhetoric and hard-line immigration policies. Border facilities have been dangerously cramped and crowded well beyond capacity. The Department of Homeland Security’s watchdog found fetid, filthy conditions for many children. And lawmakers who traveled there recently decried conditions .
Immigration courts are backlogged by more than 800,000 cases, meaning many people won’t have their asylum claims heard for years despite move judges being hired.
People are generally eligible for asylum in the U.S. if they feared return to their home country because they would be persecuted based on race, religion, nationality or membership in a particular social group.
During the budget year for 2009, there were 35,811 asylum claims, and 8,384 were granted. During 2018 budget year, there were 162,060 claims filed, and 13,168 were granted.
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Associated Press writer Michael Balsamo contributed to this report.
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The Trump Administration launches its most brazen attack yet on the rule of law, our Constitution, and American Democracy.But, ultimately it’s likely to fail for the following reasons:
As usual, the Trump Administration fails to comply with the Administrative Procedures Act (“APA”) in publishing a major policy change without advance opportunity for notice and comment;
The regulation violates the Immigration and Nationality Act’s (“INA’s”) guarantee of a right to apply for asylum except in very limited circumstances not applicable here;
A similar regulation purporting to end asylum rights for those applying between ports of entry was immediately halted by the Federal Courts;
Even under the regulation, refugees arriving in the U.S. retain the right to apply for mandatory “withholding of removal” under the INA and the Convention Against Torture (“CAT”) — although the standard is higher, those showing “past persecution” are entitled to a regulatory presumption of future persecution for purposes of withholding of removal under the INA;
Smugglers eventually can develop (more dangerous and expensive) water routes to the U.S. which do not require passing through any other “signatory country” on the way;
Smugglers could eventually shift their “business model” to higher risk more expensive schemes designed to avoid the U.S. asylum system completely and deposit individuals in the interior of the U.S. where most of them will be able to “lose themselves” among the millions of other foreign nationals residing and working in the U.S. without documentation.
We are diminishing ourselves as a nation, but that won’t stop human migration.
And, remember, YOUR legal and Constitutional rights might be the next casualty of Trump and his out of control band of scofflaws.
Join the New Due Process Army and fight for the legal and Constitutional rights and the human dignity of everyone in America!
Four toddlers were so severely ill and neglected at a U.S. Border Patrol facility in McAllen, Texas, that lawyers forced the government to hospitalize them last week.
The children, all under age 3 with teenage mothers or guardians, were feverish, coughing, vomiting and had diarrhea, immigration attorneys told HuffPost on Friday. Some of the toddlers and infants were refusing to eat or drink. One 2-year-old’s eyes were rolled back in her head, and she was “completely unresponsive” and limp, according to Toby Gialluca, a Florida-based attorney.
She described seeing terror in the children’s eyes.
“It’s just a cold, fearful look that you should never see in a child of that age,” Gialluca said. “You look at them and you think, ‘What have you seen?’”
Another mother at the same facility had a premature baby, who was “listless” and wrapped in a dirty towel, as HuffPost previously reported.
The lawyers feared that if they had not shown up at the facility, the sick kids would have received zero medical attention and potentially died. The Trump administration has come under fire for its treatment ― and its alleged neglect ― of migrants who have been crossing the southern border in record numbers. The result is overcrowded facilities, slow medical care and in some instances, deaths.
Immigration authorities say they’re overwhelmed; activists say they’re not trying hard enough.
“It’s intentional disregard for the well-being of children,” Gialluca said. “The guards continue to dehumanize these people and treat them worse than we would treat animals.”
U.S. Customs and Border Protection declined to respond to HuffPost’s request for comment.
The Associated Press reported this week that children in border facilities don’t have adequate access to food, water, soap or showers. On Tuesday, a Justice Department attorney argued in court that the government should not have to provide detained children with soap, toothbrushes or beds.
The AP report is based on interviews a group of lawyers conducted with hundreds of children in three Texas-based Border Patrol stations last week as part of the Flores settlement ― an agreement that outlines conditions for detained children. The lawyers say children are also being held in these facilities for longer than the 72-hour limit the settlement specifies, and in some cases up to three weeks.
Lawyers are particularly concerned about the spread of illness inside Border Patrol facilities, which can sometimes turn fatal. Five children have died in Border Patrol custody since December, some of whom were initially diagnosed with a common cold or the flu. The processing center in McAllen, known as Ursula, recently quarantined three dozen migrants who were sick after a 16-year-old died of the flu at the same facility.
Children and their parents told lawyers that in some cases they didn’t have any access to medical treatment in Border Patrol facilities despite being visibly ill. Gialluca spoke with one 16-year-old mother whose toddler had the flu, but was told by a guard the child “wasn’t sick enough to see a doctor.” She said others also reported being denied medical attention despite having critically sick babies.
Medical experts say that because children have less developed immune and respiratory systems, their symptoms can escalate quickly if they aren’t properly treated.
Dr. Julie Linton, the co-chair of the American Academy of Pediatrics, previously told HuffPost that children can’t recover from illnesses in Border Patrol facilities. These centers are described as “hieleras” ― Spanish for iceboxes ― because of their freezing temperatures, and migrants describe sleeping on floors under bright lights that shine 24/7, with nothing but Mylar blankets to keep warm.
Gialluca met one 16-year-old mother whose 8-month-old baby was sick with the flu and forced to sleep outside for four days at the McAllen Border Patrol station. The mother said the guards took the clothing off the baby’s back, leaving her in a diaper, and forced them to sleep on concrete without a blanket.
A sick 2-year-old girl was shivering in a T-shirt and had shallow breathing, according to Mike Fassio, a Seattle-based immigration attorney who visited Ursula.
“I was very, very concerned,” he said, adding lawyers spoke with immigrants in a room outside of the facility. “When she left us, I knew she was going back to a place that was cold, crowded and unsanitary.” Fassio noted that guards referred to the children as “bodies.”
Some children were so exhausted they fell asleep during the interviews, said Clara Long, a senior researcher at Human Rights Watch who spoke with kids at a facility in Clint, Texas. Long met a 3-year-old boy who was dirty with matted hair and was being taken care of by his 11-year-old brother. She said that more than 10 sick children were being quarantined in cells.
While the group of roughly eight lawyers and interpreters at Ursula were supposed to be interviewing children about conditions in the facilities, they also ended up asking guards and government officials to bring kids to the hospital because they were so worried about their state. Gialluca added that she and her colleagues interviewed only a small portion of migrants in the facility, which is the largest processing center in the U.S. and can hold up to 1,000 people. She believes the number of migrants in need of hospitalization is likely much higher.
Government officials have blamed horrific conditions at detention facilities on the fact that Congress has not yet passed an emergency funding package that would include almost $3 billion to help care for unaccompanied migrant children. But Gialluca says border officials shouldn’t need more resources to treat immigrants like human beings.
“Money isn’t keeping guards from allowing people to access toilets,” she said. “Money isn’t causing guards to take clothing and medicine away from children.”
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Nicole Goodkind Political Reporter, Newsweek
Here’s Another report from Nicole Goodkind at Newsweek on the “malicious incompetence” and intentional misallocation of resources by Trump and his DHS sycophants that is willfully endangering kids’ lives as part of a cheap White Nationalist political stunt:
8-YEAR-OLD MIGRANTS BEING FORCED TO CARE FOR TODDLERS IN DETENTION CAMPS
A team of lawyers conducted 60 interviews with migrant children being held in an El Paso, Texas, detention camp and found conditions to be dismal.
Fifteen of those in the holding center had the flu and 10 more are quarantined with illness, according to the lawyers, who first gave the data to the Associated Press. Three infants are being detained alongside their teenage mothers, and many children are under the age of 12.
“A Border Patrol agent came in our room with a 2-year-old boy and asked us, ‘Who wants to take care of this little boy?’ Another girl said she would take care of him, but she lost interest after a few hours and so I started taking care of him yesterday,” one teenaged girl told the lawyers in an interview. The boy was not wearing a diaper and his shirt was covered in mucus, she said.
Law professor Warren Binford, who aided in the interviews, said she witnessed an 8-year-old girl caring for a 4-year-old child who was very dirty, the girl was unable to get the boy to take a shower. She also described the children she interviewed as sleep-deprived, often falling asleep while speaking with her.
“In my 22 years of doing visits with children in detention, I have never heard of this level of inhumanity,” said Holly Cooper, co-director of the University of California, Davis’ Immigration Law Clinic, to the AP.
The lawyers were inspecting the facility as part of the Flores agreement, which resulted from a landmark 1985 case that established that facilities where minor migrants are held must be kept “safe and sanitary.”
A representative of the Trump administration, the Justice Department’s Sarah Fabian, argued Tuesday that safe and sanitary conditions don’t necessarily have to include toothbrushes, soap or towels for children.
Nicole Goodkind is a political reporter at Newsweek. You can reach her on Twitter @NicoleGoodkind or by email, N.Goodkind@newsweek.com.
TRUMP ADMINISTRATION PLANS MAJOR ICE RAIDS FOR SUNDAY
U.S. immigration authorities plan to raid Miami, Houston, Chicago and Los Angeles and other cities. They intend to arrest up to 2,000 families, three U.S. officials with knowledge of the plans told The Washington Post. The orders reportedly come directly from President Donald Trump.
On Monday, the president tweeted: “Next week ICE will begin the process of removing the millions of illegal aliens who have illicitly found their way into the United States. They will be removed as fast as they come in.”
Officials told The Washington Post that the Department of Homeland Security agency plans to hold families in hotel rooms until they are deported. Acting DHS Secretary Kevin McAleenan is allegedly targeting families that have completely dropped out of the court process, but has warned that the operation could lead to further cases of families being separated.
Los Angeles Police Department Chief Michel Moore confirmed the raids on Friday, saying that about 140 families in southern California will be targeted in pre-dawn raids early next week. The chief also made clear that the raids are done on a federal level and that the police department will not be involved.
On Thursday, Carla Provost, chief of the United States Border Patrol argued that the Department of Homeland Security was not receiving enough money to properly care for migrants on the southern border, and that was leading to terrible conditions in detention centers. On Wednesday, the Senate Appropriations Committee agreed to $4.6 billion in emergency funds for what the Trump administration has referred to as a “border crisis.”
Texas Congressman Joaquin Castro questioned how the agency could afford mass raids while asking for more money Friday. “The Trump Administration says it needs more money (supplemental bill) for the situation at the border yet they may be starting massive immigration raids next week. So how do you have the money for that if you’re running out of money ICE?” he tweeted.
“These potential raids are a disgusting political ploy to stoke fear and rile up Trump’s base for 2020,” wrote Sandra Cordero, Director of Families Belong Together, an immigration advocacy group, in a statement. “Past raids have left children alone and afraid in empty homes, praying they won’t be left to care for younger siblings by themselves, with no idea if they’ll see their parents again. This is yet another flagrant disregard for the welfare of children on behalf of a cruel administration bent on fomenting fear and creating chaos.”
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Come on, Carla, cut the BS and butt covering. The “mix” of arrivals at the Southern Border began to shift to refugee families from the Northern Triangle back in the summer of 2014. So, CBP and DHS have had five years to prepare for this “change” which is actually “old news.”
More “old news” is the increased flow of asylum seekers with kids which began back before Thanksgiving. Plenty of time for CBP and DHS to bring back retired asylum officers and adjudicators and reassign other adjudicative personnel to the border to insure prompt, orderly, safe, and efficient processing of asylum applicants at ports of entry, thus eliminating the incentive (or necessity) for folks to turn themselves in after crossing the border between ports.
Also, plenty of time to work with NGOs, pro bono groups, states, and communities to insure representation and proper placement of family groups in various locations throughout the country without panic or “dumping.”
Another bogus claim spread by Trump, Provost, and the rest of the sycophants: that the prevalence of kids among new asylum arrivals is somehow totally a response to the Flores settlement (which actually has been in effect for decades).
Undoubtedly, with the Trump Administration’s active assistance, unscrupulous smugglers and coyotes are encouraging some folks to bring children as the only way to have a shot at fair processing under the tilted U.S. asylum system promoted by Trump. Indeed, as I have observed before, the Trump Administrations has consistently been a “best friend” to gangs, smugglers, traffickers, cartels, and druggies seeking to “jack up” profits by further exploiting the human misery caused by the Trump Administration’s “maliciously incompetent “ approach to immigration, effective law enforcement, and humanity generally. https://apple.news/AFQw_eqcHSZCYxUznmP0wpQ
Undoubtedly, some of these unscrupulous individuals are telling families to travel with kids. But, the truth is that according to the UNHCR, over one-half of today’s refugees are children. https://www.unhcr.org/children-49c3646c1e8.html.
So, the prevalence of children among new arrivals should properly been seen as part of a sad worldwide trend that Trump and his cronies disgustingly have done everything possible to encourage, exploit, and aggravate. It most certainly is not primarily caused by the Flores settlement or by giving soap, toothbrushes, blankets, or medical care to children being abused in the “DHS Gulag” administered in part by disingenuous folks like Provost.
Any honest observer of what’s going on knows that the majority of the asylum applications that passed credible fear probably could have been granted (or given protection under the Convention Against Torture — “CAT”) by the Asylum Office without even going to Immigration Court under the proper generous interpretation of our asylum laws, an honest interpretation of CAT that reflects the true conditions in the Northern Triangle, and a very “doable” change in procedures.
Only dishonest fools in the Trump Administration (and a few from the Obama Administration) would maintain that gender isn’t a social group subject to widespread persecution in the Northern Triangle, deny that gangs have assumed the role of quasi-governmental entities thus making most of the harm they inflict on resisters “political persecution,” and make the beyond ludicrous claim that the corrupt failed states of the Northern Triangle have either the ability or much real interest in protecting those subject to persecution.
And, Carla, why aren’t you out there today registering a public protest of the waste of time and funds in ICE going after families with ridiculously inappropriate “raids” when everyresource could and should be focused instead on providing humanitarian assistance to asylum seekers arriving at the Southern Border?
This racist-inspired “Sunday Morning Reign of Terror” directed at U.S. ethnic communities is specifically designed to return helpless families to the very dangerous countries from which they originally fled! Thus, Trump and his phony DHS are intentionally feeding “fresh meat” to gangs and cartels and insuring that the cycle of northward migration, no matter how dangerous, will continue until everyone who needs to leave its either gone or dead (the latter apparently the “solution” favored by Provost, Trump, Morgan, McAleenan, Miller, and others).
Provost, McAleenan, Morgan, and their co-conspirators are all participants in a cynical scheme to intentionally “crash” the asylum system, rather than competently administering it. They are intentionally endangering the lives of children and other vulnerable asylum seekers, many entitled to legal protections, to promote, along with GOP restrictionists, totally bogus, dishonest, and completely unnecessary and unwarranted restrictions of the precious, life-saving right of refugees to seek asylum in the U.S.
It’s an unbelievably dishonest and cowardly scheme, and a complete breach of both oaths of office and public trust. It might be that those who long ago abandoned American values will lap up this insult to human values and human dignity.
But, there are plenty of us out here who know and understand exactly what you are doing. We will not only resist it, but will be historical witnesses to your cruel, inhuman, and unlawful schemes and gimmicks to “abuse and kill the innocent.” And, we’ll be keeping count.
Justice Department Argues Against Providing Soap, Toothbrushes, Beds To Detained Kids
“I find it inconceivable that the government would say” current conditions are “safe and sanitary,” as required, said a stunned Judge William Fletcher.
A Justice Department attorney this week argued in court that the federal government should not be required to provide soap, toothbrushes or even beds to detained children apprehended at the U.S.-Mexico border.
Attorneys for the detained children are arguing that the government is not following the requirements of a 1997 settlement agreement in the case of Jenny Flores that established a framework for the humane treatment and release of detained migrant minors. Children must be housed in “safe and sanitary conditions” under the settlement. A district judge added the specific requirements that children be provided with soap and toothbrushes.
“Are you arguing seriously that you do not read the agreement as requiring you to do something other than what I just described: cold all night long, lights on all night long, sleeping on concrete and you’ve got an aluminum foil blanket?” asked Judge William Fletcher. “I find it inconceivable that the government would say that that is safe and sanitary.”
Judge Marsha Berzon asked Fabian: “You’re really going to stand up and tell us that being able to sleep isn’t a question of ‘safe and sanitary’ conditions?… You can’t be sanitary or safe as a human being if you can’t sleep.” (See the video below at 24:30.)
Fabian was challenging an order by U.S. District Judge Gee in Los Angeles, who appointed an independent monitor to ensure that the federal government complies with the Flores settlement and specifically required such items as soap and toothbrushes. Fabian argued that such requirements are not detailed in the original settlement. (In the video at 26:40.)
“One has to assume … parties couldn’t reach agreement on how to enumerate that or it was left to the agencies to determine,” Fabian argued.
Fletcher responded: “Or it was relatively obvious — at least obvious enough so that if you’re putting people into a crowded room to sleep on a concrete floor with an aluminum foil blanket on top of them, that doesn’t comply with the agreement.”
He added: “It may be they don’t get super-thread-count Egyptian linen, I get that. … I understand at some outer boundary, there may be some definitional difficulty. But no one would argue that this [current situation] is safe and sanitary.”
As for soap, it “wasn’t perfumed soap, it was soap. That sounds like it’s part of ‘safe and sanitary,’” he added. “Are you disagreeing with that?”
Judge A. Wallace Tashima said that such items are “within everybody’s common understanding that if you don’t have a toothbrush, if you don’t have soap, if you don’t have a blanket, it’s not safe and sanitary. Wouldn’t everybody agree to that?” he asked. “Do you agree to that?”
Fabian, who appeared to stumble throughout much of her presentation, responded: “Well … maybe.”
The attorney for the children argued that, although soap and toothbrushes weren’t specifically mentioned in the 1997 settlement, they must be provided because they would be “reasonably interpreted” as part of the agreement under contract law.
The “first thing you do is honor the plain meaning” of words like “safe and sanitary,” said Peter Schey. “Today we have a situation where once a month a child is dying in custody. Certainly the Border Patrol facilities are secure, but they’re not safe and they’re not sanitary.”
It’s not clear when the 9th Circuit, based in San Francisco, will issue a decision in the case.
Honestly, how does Sarah Fabian sleep at night? If she has kids, what does she tell them about what she does to other people’s kids for a living?
And, what can you say about 9th Circuit judges who accept frivolous, totally disingenuous arguments from Government counsel. A private attorney who wasted the court’s time and disrespected its integrity and functions in this matter would almost certainly be disciplined or disbarred in short order.
At one time, DOJ attorneys were expected to adhere to higher standards of ethics because of their role in protecting the public interest and aiding the courts in pursuit of justice. Why in the age of Trump, Sessions, Barr, and Solicitor General Noel Francisco are ethical standards no longer enforced against DOJ Attorneys? And that goes right up to the top, as both Barr and Sessions have clearly interfered with and participated in quasi-judicial immigration decisions after showing clear bias against migrants and in favor of DHS Enforcement, in violation of ethical standards.
Folks like Trump and his cronies always depend on complicit subordinates, as well as complicit courts, to carry out their vile and illegal programs.
Cages With ‘Kids’ Pop Up Around NYC To Protest Immigrant Detention
The art installations were meant to bring awareness to the horrific conditions children and other migrants face at the southern U.S. border.
Some people in New York City were confronted with an alarming image as they walked down the street on Wednesday morning: a chain-link cage on the sidewalk containing a child-size mannequin wrapped in a foil blanket, with audio playing of migrant children crying.
It was meant to draw Americans’ attention to the children and other migrants being held in alarming conditions at the U.S.-Mexico border.
Speakers in the cages played the viral recording released by ProPublica last summer of kids wailing for their “mamá” and “papá” after having been separated from them at the border as a result of the Trump administration’s “zero tolerance” immigration policy.
“We want to bring this back to the consciousness of the American people,” RAICES CEO Jonathan Ryan told HuffPost. “One of the many unfortunate consequences of the repeated traumatic stories coming from the border is that, as horrified and angry as people have been, we also become desensitized. It’s important for people … to be confronted with the reality that this is about children, human beings, whose lives are forever affected.”
“This is being done in our name by people who we elected,” he added. “And if we don’t do something to stop this, this will become who we are.”
About two dozen cages were dropped around the city from about 4 a.m. to 5 a.m., Ryan said. By midafternoon most of them had been taken down by police or city employees, with three remaining around 2 p.m., per Ryan. The New York Police Department confirmed to HuffPost that more than half a dozen cages had been removed around Manhattan, but did not respond to questions as to why.
The online campaign associated with the installations recalls the family separations under President Donald Trump’s hard-line zero-tolerance policy, which led to the separation of thousands of children from their parents last year. The policy sparked protests nationwide and was reversed by executive order in late June. But a January report from the Department of Health and Human Services found the administration may have separated thousands more kids from their families than was previously known, and it did not know how many or whether they were reunited.
RAICES also wants people to become aware of other issues migrants face, Ryan said.
He noted undocumented immigrant families are still separated “routinely” at the border, including when migrant kids are split from other guardians like uncles and aunts or older siblings. Separations occur inside the country too, he said, when a child’s undocumented mom or dad is arrested by immigration agents, for instance in a workplace raid.
U.S. Customs and Border Protection apprehended over 109,000 people at the border in April ― more than double the number of migrants detained during that month last year. A majority of the migrants apprehended were either families traveling together or unaccompanied kids.
A Department of Homeland Security watchdog, reporting on Border Patrol facilities in El Paso, Texas, found last month that detained migrants were kept in dirty and extremely crowded conditions, forcing some people to stand on toilets to get some breathing room.
Last week, Trump said he reached an agreement with Mexico that includes “rapidly” returning to Mexico anyone who crosses the border seeking asylum in the U.S. Advocates are concerned about the dangerous conditions in cities such as Tijuana and Ciudad Juárez, where more migrants will now be forced to wait as their claims are processed.
“When the American people hear stories of this problem being fixed by the ‘remain in Mexico’ policy, it hasn’t been fixed, it’s just further from their view,” Ryan said. “The suffering will only increase.”
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Ah, life in the ivory tower of the Article III Federal Judiciary, where you seldom are confronted with the human faces or ugly reality of your abuses and failures to protect the human rights of others.
The “Remain in Mexico” Program is an ongoing affront to our Constitution, the rule of law, and simple human decency for which the judges of the Ninth Circuit Court of Appeals who are enabling this ongoing humanitarian outrage and giving it “legal cover” should be held fully morally and historically accountable!
Trump Administration To Deprive Migrant Kids In Shelters Of English Lessons, Legal Aid
Immigrant advocates say the government is using child welfare rights as a political lever to secure more funding.
Unaccompanied immigrant children in government detention centers across the U.S. will no longer have English classes, recreational programs or legal aid, according to Department of Health and Human Services emails first obtained by The Washington Post.
The shelters will “begin scaling back or discontinuing” the funding for “activities that are not directly necessary for the protection of life and safety, including education services, legal services, and recreation” due to an influx of unaccompanied children crossing the border and a lack of funding, Evelyn Stauffer, a spokesperson for HHS’ Administration for Children and Families, told HuffPost.
The move could be illegal ― immigrant kids in custody must be taught English five days a week and have at least one hour of recreation time per day, under the terms of the 1997 Flores court settlement. But immigrant rights advocates fear the Trump administration is using child welfare rights as a political bargaining chip to secure funds from Congress. The administration has urged Congress to approve billions more in funding for the U.S.-Mexico border, including emergency funds that would increase shelter capacity and pay for part of President Donald Trump’s wall.
“It’s beyond the pale to threaten to take away the most basic protections [for children],” said Neha Desai, director of immigration at the National Center for Youth Law. “Once again this administration is using children as pawns for their broader political goals.”
And while the administration is blaming a border crisis and lack of government funds for these program cuts, immigrant rights experts said the government has itself to blame.
The number of unaccompanied immigrant children coming to the border and being placed in government custody reached a record high of 11,000 in May, and the number of kids in shelters has increased by 57% since last year, according to the Department of Health and Human Services.
There’s no doubt these numbers are stretching government resources, and HHS likely needs more funding to deal with this growing population. But immigrant youth advocates told HuffPost that the government has responded by enacting inhumane policies that exacerbate the system’s problems, such as family separation and sharing information with U.S. Immigration and Customs Enforcement.
“This is a management crisis,” said Michelle Brané, director of the Migrant Rights and Justice Program at the Women’s Refugee Commission. “These policies create chaotic and dangerous situations and harm children.”
Rather than tackling the root issues that are spurring immigrants to flee their home countries, the Trump administration has responded with draconian policies to deal with border apprehensions that do not work as deterrents, said Cory Smith, vice president of policy, advocacy and communications at Kids In Need of Defense, a group that provides legal representation to unaccompanied kids.
“I think there’s a lot of the policies that have manufactured a crisis and are self-inflicted wounds,” Smith said.
Desai said that if shelters maintained by HHS’ Office of Refugee Resettlement ran efficiently and released kids promptly ― as they are required to do by the Flores settlement ― it would free up money for the kinds of programs the department is now cutting. Instead, kids are spending an average of roughly 66 days in detention, according to an HHS official, which is close to double the average length of stay before Trump took office.
The amount of time children spend in detention began increasing last May after the government began separating families, sending 3,000 more kids into unaccompanied children’s shelters.
And though the zero tolerance policy ended last June, the government is still separating families on a smaller level, which is unnecessarily adding to the volume in detention centers. “A lot of children in ORR custody should not be there in the first place,” Brané said. “We have a disturbing numbers of family separations [still] occurring.”
Last May, the government further prolonged shelter stays by requiring that everyone in a sponsor’s household be fingerprinted before they could be released. The Trump administration has since rescinded this requirement, but it still shares sponsor information with ICE, which immigration advocates say has made undocumented sponsors afraid to come forward for fear of being arrested and deported.
In February 2018, HHS reopened a temporary unlicensed shelter in Homestead, Florida, to handle an influx of kids crossing the border, which costs more than $1.2 million a day. In a recent court filing, some children described being held in Homestead for more than six months due to major inefficiencies with the case management process, such as having their sponsors rejected without explanation and having their cases passed to multiple managers.
Smith said depriving children of legal aid could also keep them in shelters for longer, since they won’t have reminders of when to show up to their court dates, or guidance about how to navigate difficult decisions.
Peter Schey, one of the lead attorneys representing detained children as part of an ongoing lawsuit, has contacted the government about how nixing educational, recreational and legal programs violates child welfare standards. He said that if the policy is not promptly withdrawn, his team will ask a U.S. District Court to block its implementation.
“I think these policy changes are heartless and unnecessarily cruel,” he said. “They plainly violate both federal laws and the Flores settlement.”
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More Trump sleaziness. The Trump Administration appears to be pretty creative when out comes to finding money for building useless and unauthorized “walls.” Not so much when it comes to the welfare of children.
Idle hands, unoccupied minds, pent up energy, time on their hands: sounds like another “Trump generated recruiting opportunity” for gangs and bullies!
How low we have fallen as a nation to accept this kind of conduct from our “government.”
Declaring the U.S. asylum system to be “in crisis,” President Donald Trump directed immigration officials on Monday night to introduce a slew of tough new rules for migrants seeking humanitarian protection in the United States.
The measures, outlined in a presidential memorandum, include the introduction of a fee for asylum applications and banning asylum seekers who’ve entered the U.S. illegally from receiving work permits. The memo also calls for the adjudication of asylum applications within 180 days.
The new rules, Trump said, are aimed at safeguarding “our system against rampant abuse of our asylum process.”
. . . .
It currently costs nothing for someone to file for asylum in the United States and immigration experts have warned that even a small fee could prove to be an impossible burden for some migrants seeking refuge. As The Washington Post noted, a vast majority of countries do not impose a fee on asylum claims.
“The majority of people coming to the United States seeking asylum are coming with little more than the shirts on their back,” Victoria Neilson, a former official at U.S. Citizenship and Immigration Services, told Reuters.
Trump, who’s repeatedly lambasted migrants for exploiting what he says are legal loopholes in the asylum system, also ordered asylum seekers who’ve entered the country illegally to be banned from obtaining work authorization “before any applicable application for relief or protection from removal has been granted.” Currently, asylum seekers who’ve entered the U.S. both legally and illegally are allowed to work while their claims are pending.
“There’s a reason that we give people work permits while they are waiting for asylum, so that they can support themselves and don’t have to be depending on government assistance during that time,” Michelle Brané of the Women’s Refugee Commission told The New York Times.
. . . .
The memo also demands that all asylum applications, save for those involving “exceptional circumstances,” are adjudicated in immigration court within 180 days of filing.
As the Post noted, U.S. law already dictates that asylum cases are adjudicated within that time ― but due to an overwhelming number of cases and inadequate resources, asylum seekers can often wait years before their claims are processed.
“The provision to process cases in 180 days has been on the books for over two decades,” Ashley Tabaddor, president of the immigration judges’ union, told the paper. “The problem is that we have never been given adequate resources to adjudicate those claims in a timely fashion.”
Trump has directed Attorney General William Barr and Acting Homeland Security Secretary Kevin McAleenan to introduce the new asylum regulations within 90 days. Immigration advocates, however, are expected to challenge the measures in court.
The administration is already involved in several court battles over earlier changes to U.S. asylum rules, including the so-called “remain in Mexico” policy requiring some asylum seekers to return to Mexico to await court hearings.
Regulatory Incompetence.Changing legal regulations requires 1) notice and an opportunity for public comment; and 2) a rational legal explanation for the proposed changes. So far, the Trump Administration has shown little ability for either. Indeed both their “preferred method” of policy change by “Executive Action” (e.g., DACA) and past attempts to change regulations (e.g., barring asylum for illegal entrants) have often ended up blocked or modified by the courts.
Time Limits Don’t Work. The current law, INA s. 208(d)(5)(A)(iii), already provides a statutory 180 day limit for asylum adjudications. But it has never been achievable in practice for various reasons including due process, chronic understaffing of Immigration Courts, and unavailability of private counsel. It might be possible to develop a system that could fairly process the vast majority of asylum claims through the Immigration Judge level within 180 days. But, that would require three things that an Administration committed to “malicious incompetence” has rejected: 1) clearing most of the 1.3 million backlogged cases off Immigration Court dockets through aggressive use of “prosecutorial discretion” (“PD”) as a first step toward a much-needed legalization program; 2) working cooperatively with NGOs, states, and municipalities to provide universal representation of asylum seekers; and 3) granting many more asylum cases at the Asylum Office and Immigration Court level.
The Administration Doesn’t Control Article III Courts (Yet). As the Immigration Courts and the BIA become more biased against asylum seekers, more individuals will seek review by the Article III Courts. The number of cases in the Article IIIs, who operate largely beyond the Administration’s control, is likely to grow exponentially. “Fake timetables” (on top of the mindless “deportation quotas” already in effect for Immigration “Judges”) result in “haste makes waste” poor quality at EOIR that, in turn, leads to lots of remands from the Article IIIs, thereby further clogging the Administrative system.
“Asylum Only” Hearings Aren’t Substantively Different From “Full” Removal Hearings. Trump reportedly would like to limit asylum seekers to “Asylum Only” hearings where asylum, withholding of removal, and relief under the Convention Against Torture are the only forms of relief available. But, few recently arrived asylum seekers apply for other forms of relief “right off the bat.” The major difference is often eligibility for bond in a “full removal hearing.” But, AG Barr has already acted to make most who pass “credible fear” ineligible for bond in his recent precedent Matter of M-S-, overruling 15 years of contrary BIA law originating in the Bush II Administration. The due process limitations on indefinite detention of asylum seekers will be fought out in the Article IIIs regardless of whether the Administration uses “Asylum Only Proceedings” or “Full Removal Proceedings.” And, so far, the Administration has consistently lost on the Constitutional issue in the lower Federal Courts.
Article IIIs Have Already Slammed This Administration’s Prior Attempts To Illegally Misconstrue Asylum Law To Reduce The Number Of Positive “Credible Fear” Determinations. Sessions & Nielsen already unsuccessfully tried to game the credible fear system against legitimate asylum seekers. They were strongly rebuked by U,S. District Judge Emmet Sullivan (DC) in Grace v. Whitaker. Judge Sullivan barred Immigration Judges from using most of Session’s erroneous Matter of A-B- precedent in “credible fear reviews.” He also required USCIS to rewrite its “Credible Fear” instructions to restore the generous intent of the law. It’s likely that what Trump is seeking to do will run afoul of Judge Sullivan’s order. Sullivan isn’t afraid to hold Cabinet officials accountable. So, while Trump himself might be beyond the court’s reach, “Trump‘s Chumps” McAleenan and Barr might want to have their jail bags packed and check their personal liability insurance before accepting Trump’s invitation to violate the law. Also, the Administration’s actual and threatened misuse of “expedited removal” in an attempt to implement a “lawless credible fear” policy has inspired the Ninth Circuit to recognize a right to appeal to the Article IIIs, even in expedited removal. THURAISSIGIAM v. USDHS, https://immigrationcourtside.com/2019/03/07/9th-cir-says-statute-barring-meaningful-judicial-review-of-expedited-removal-process-violates-constitutions-suspension-clause-throws-monkey-wrench-into-administra/ In other words, the field that Trump is mindlessly ordering McAleenan and Barr to plow has already been largely ruled “off limits” by the Article IIIs.
While Imposing Fees For Asylum Applications Is Undoubtedly Cruel, Unnecessary, & Unprecedented, It Won’t Be A Long-Term Deterrent. By misusing “metering” to make it difficult or impossible to apply for asylum at legal ports of entry the Administration already has increased smuggling fees, made routes more dangerous for asylum seekers, and predictably increased the number of illegal entries to apply for asylum; but, it hasn’t “deterred” asylum seekers. It just shifted the traffic from legal ports of entry where it could have been more easily controlled to other places on the border, where it’s harder to control. Stupid? Yeah, of course. Basically, the Trump Administration now wants to get in on the financial bonanza it has created for human smugglers by charging its own version of illicit fees. While cruel and punitive, it’s unlikely to have much impact on the flow of refugees.
Denial Of Work Authorization Will Create Hardship, Without Deterrence, & Actually Hurt Our Economy. Under current law, asylum seekers can’t get work authorization for at least 180 days. If the Administration really were able to fairly process asylum applications in that period, there actually wouldn’t be much need for work authorization. Also, work authorization doesn’t apply to those detained for asylum hearings and most juveniles. Assuming that legitimate asylum applicants continue to get released and shunted into the backlogged Immigration Court system, denial of work authorization will deprive them of the opportunity to use their (usually ample) skills to be self-supporting and contribute to our economy, regardless of whether they ultimately are granted asylum. Many such folks will now be forced into the “underground economy” where they are more likely to be both underemployed and exploited by unscrupulous employers. Trump is turning a “win-win” into a “lose-lose.” But, it’s unlikely to deter those fleeing for their lives.
Eventually, Trump’s “Malicious Incompetence Approach” Might Convince Asylum Seekers That Our Legal System Is A Cruel Farce That Must Be Avoided. Smugglers will simply take refugees into the interior of the U.S. for higher fees. They will stop turning themselves in to use a bogus legal system. Some will die; a few will get caught and removed; but, the chances of entering illegally and losing oneself in the U.S. for as long as one wants are probably much better than the chances of getting legal asylum in Trump’s increasingly bogus, biased, and dishonest system.
Two Things Are For Certain: 1) Desperate People Will Continue To Come No Matter What Trump Does On This End; and 2) Once Trump Destroys The Legal Asylum & Immigration Systems, They Won’t Easily Be Rebuilt. The result will be a permanent “immigration underground/black market.” That’s a “lose-lose” that will be horrible for migrants, but even worse for America’s future.
Coming up:A New Washington Post/ABC Poll Shows Little Public Support For Trump’s Harsher Asylum Policies.
