LGBT – Page 15 – immigrationcourtside.com

THE SPLC ANALYZES TRUMP’S CONTORTED AND CONTRIVED MESSAGE OF HATE, INTOLERANCE, & DIVISION!

Follow SPLC

FIGHTING HATE // TEACHING TOLERANCE // SEEKING JUSTICE

FEBRUARY 3, 2018

“In his State of the Union address this week, President Trump congratulated his administration for having “taken historic actions to protect religious liberty.”

It certainly was historic in October when Trump became the first sitting president to give the keynote address at an annual summit hosted by an anti-LGBT hate group, the Family Research Council.

And it was historic when his attorney general, Jeff Sessions, issued religious freedom guidance eroding protections for LGBT people after he consulted with another anti-LGBT hate group, the Alliance Defending Freedom.

But it was an anti-immigrant hate group, the Center for Immigration Studies (CIS), whose talking points laced the State of the Union address this week.

CIS presents itself as an independent think tank, but it began as a project of the anti-immigrant hate group Federation for American Immigration Reform and was founded by white nationalist John Tanton.

CIS frequently manipulates its findings to achieve results that further its anti-immigrant agenda. Last fall, for instance, CIS staffer Jessica Vaughn published a report exaggerating how many people would enter America via a process that CIS calls “chain migration” — the hate group’s preferred phrase to stigmatize the idea of immigrant families reuniting.

The phrase “chain migration” appeared twice in this week’s State of the Union, alongside dangerous and hateful misinformation about immigrants taken directly from CIS talking points.

Given the State of the Union’s author, that should be no surprise.

Senior adviser Stephen Miller, who took the lead writing the speech, served for years as an aide to Jeff Sessions, who has himself endorsed CIS’ work, spoken on a CIS panel, and taken whispered counsel from a former CIS staffer during immigration debates on the Senate floor.

When Sessions hired Miller fresh from Duke University, he did so at the recommendation of anti-Muslim extremist David Horowitz. Now in the White House, Miller has been claimed and praised by extremists for advocating policy on hate group wish lists and pushing anti-immigrant narratives like the one we heard in the State of the Union.

“For decades, open borders have allowed drugs and gangs to pour into our most vulnerable communities. They have allowed millions of low-wage workers to compete for jobs and wages against the poorest Americans,” Trump said Tuesday, reading Miller’s text off a teleprompter.

But studies consistently show that immigrants help — not hurt — the U.S. economy.

“Most tragically, they have caused the loss of many innocent lives,” Trump said Tuesday — despite study after study finding immigrants commit crime at rates lowerthan native-born Americans, not higher.

Hate groups should not have a seat at the table on matters of national policy or influence what talking points to highlight in the State of the Union.

But thanks to Stephen Miller, they have exactly that.

The Editors

P.S. Here are some other pieces we think are valuable this week:

What kids are really learning about slavery by Melinda Anderson for The Atlantic

How the far right has perfected the art of deniable racism by Gary Younge for The Guardian

Indian slavery once thrived in New Mexico. Latinos are finding family ties to it by Simon Romero for The New York Times

The terrifying rise of alt-right fight clubs by Bryan Schatz for Mother Jones

View this email in your browser.”

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

Yup. Sadly, Trump and his cohorts Sessions & Miller are out to divide, not unify America (except in the sense that they are unifying all decent Americans against their White Nationalist, racist agenda). For years, the GOP right-wing has “talked around” the racism and White Nationalism inherent in many of their programs and actions, using euphemisms like “reform,” “streamlining,” “right to work,” “combatting voter fraud,” etc. And, while occasionally it earns them a mild “tisk, tisk” from so-called “moderate” or “mainstream” Republicans, for the most part the spineless leadership of the GOP has given racism, White Nationalism, and xenophobia a “free Pass.”

Just look at the “hero of the GOP moderates,” Mitt Romney. “The Mittster” appears poised to reenter politics as the Junior Senator from Utah, replacing the retiring Orrin Hatch.

While carefully steering a moderate line on immigration during his governorship of “Blue State” Massachusetts, once nominated for the Presidency, Romney hired the notorious racist/White Nationalist/vote suppressor Kris Kobach as his “Immigration Advisor.” He then proceeded to largely adopt the White Nationalist line in immigration, including the famous Kobach initiative that sought to make life so miserable for hardworking, law-abiding undocumented residents (known in White Nationalist lingo as “illegals”) that they would “self-deport.”

Who is the real Mitt Romney? Nobody knows. But, my guess is that he’ll stand with the White Nationalists on immigration.

Although he has been sharply critical of Trump at times, it’s likely that when push comes to shove, he’ll line up behind the Trump-far right agenda just like other so-called “critics” such as Sen. “Bobby the Cork” Corker, Sen. Jeff Flake, Sen. John McCain, Sen. Susan Collins, and Sen. Lisa Murkowski when it came to “sticking it to America” with the GOP Tax ripoff. After all, remember how quick Mitt was to “pretzel himself up” and grovel before Trump on the off-chance that he would be allowed to serve the Great Con-Master as Secretary of State!

PWS

02-03-18

Michael Paarlberg @ THE GUARDIAN: HOW WACKO & COUNTERPRODUCTIVE IS TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT? — Who Screws Their Friends & Productive Residents While Empowering Multinational Gangs? — “[MS-13] can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. . . . There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

https://www.theguardian.com/commentisfree/2018/feb/02/trump-immigration-bogeymen-ms-13-chain-migration?CMP=Share_iOSApp_Other

Paarlberg writes:

“In 1968, a British Conservative politician, Enoch Powell, made what became known as his “Rivers of Blood” speech. In it, he sounded an alarm about what he imagined to be an unchecked immigrant invasion of the United Kingdom, at a time when the country’s immigrant population had only grown from 5 to 6% in the previous decade.

Crime was low, less than one homicide per 100,000 residents, a tenth the rate of the US. Quoting a constituent, he foresaw the day when “the black man will have the whip hand over the white man”. In subsequent decades, immigration slowly inched upwards, but the scenario Powell envisioned failed to materialize.

Half a century later, we Americans live in a Powellesque moment in which politicians’ hysterical rhetoric surrounding immigration is completely at odds with the facts. President Trump, giving his own Rivers of Blood speech on Tuesday, painted a grim picture of a wave of hardened criminal immigrants, exploiting diversity visas and “chain migration”, running around the country murdering people left and right.

In reality, illegal immigration to the US is down, not up. Trump would like to take credit for this with his tough talk about walls, rapists, and “bad hombres” from Mexico, but the number of unauthorized immigrants in the country has been falling for the past decade, due not to xenophobic bluster but the Great Recession.

Read more

Net migration from Mexico is currently negative: more Mexicans are leaving the US than coming in, and have been doing so since the end of the Bush administration. In coming decades, most new immigrants to the US will not be from Latin America at all, but from China and India.

Violent crime, too, is down, way down: FBI statistics show violent crimes are just half of what they were in the early 90s. Trump would have you believe that immigrants are responsible for “tremendous amounts of crime”, but research shows immigrants commit less crime than native-born Americans.

Yet to convince us the opposite is true, Trump and the attorney general, Jeff Sessions, have zeroed in on one group in particular, Mara Salvatrucha or MS-13, a gang I’ve researched in El Salvador. MS-13 makes for a picture-perfect boogeyman given its reputation for violence and scary face tattoos, and misreported origins in Central America.

In fact, it started in Los Angeles in the 1980s, was originally made up of adolescent stoners who listened to heavy metal, and only grew into a much larger and more vicious, officially designated “transnational gang” thanks to mass criminal deportations by the Clinton administration to poor countries that were ill-equipped to deal with the influx.

It can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. And for all the hype, MS-13 is a relatively small player here. Its estimated US membership has remained constant for the past decade at around 10,000, or less than 1% of the 1.4 million gang members in the US: far smaller than the Crips, Bloods, Latin Kings, or Aryan Brotherhood.

Even the face tattoo image is out of date; MS cliques have been discouraging members from getting them after belatedly realizing it makes them easy to identify by police.

As for the origins of this nonexistent immigrant crime wave, Trump blames “chain migration”, the more menacing nativist buzzword for family reunification, the principle on which our immigration laws are founded.

“Chain migration” is actually a conservative idea: the Immigration and Nationality Act, which was passed in 1965, was sold to immigration restrictionists as a law which would preserve mostly white immigration while doing away with the overtly racist, eugenics-inspired quota laws it replaced. Because by 1965, most immigrants to the US were from Europe, it was assumed that giving preference to family members of current immigrants would restrict immigration from other parts of the world.

The opposite happened, with immigration surging from Asia and Latin America, not coincidentally many countries with histories of US military intervention: Korea, Vietnam, the Dominican Republic, El Salvador, Iraq. Yet family reunification has remained the cornerstone of immigration policy, with broad conservative support, for decades.

After all, it is a policy which upholds the family as a unit. Families, conservatives argued, were preferable to single men. They encourage stable employment, homeownership, participation in the community, and provide a source of private, non-state welfare for needy relatives. Families are what keeps people out of trouble, the kind Trump imagines immigrants are getting into, and which may actually happen if he succeeds in taking away this base of support.

It wouldn’t be the first time US immigration policy had the opposite of its intended effect, from Johnson’s 1965 immigration law to Clinton’s criminal deportations. Similarly, Trump’s recent decision to revoke TPS protection for over 200,000 legal immigrants from Haiti and El Salvador will only increase the number of unauthorized immigrants and lead to more unauthorized immigration in the future: mass deportations mean a loss of cash remittances from those immigrants to countries whose economies are heavily dependent on them, which will only worsen unemployment and send more migrants north.

Breaking up families also creates the conditions of insecurity under which predatory gangs thrive. In Central America, deportations from the US give gangs a new vulnerable population to recruit from. In the US, the loss of family networks and raids which push migrants into the shadows give them a new vulnerable population to extort. There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

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

Pretty much what I’ve been saying all along! With their toxic mixture of ignorance, arrogance, incompetence, bias, White Nationalism, and racism, Trump, Sessions, Miller, and their sycophantic followers have been destroying American communities, weakening and dissolving American society, and empowering our enemies, foreign and domestic! Other than that, they’re a great bunch of guys.

The only folks happier than MS-13 about the Trump/Sessions regime and their “sell-out” of America and American values are Vladi Putin and his Oligarchs.

PWS

02-02-18

JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

https://slate.com/news-and-politics/2018/02/the-nativist-blueprint-for-trumps-immigration-plan.html

Jamelle writes in Slate:

“State of the Union on Tuesday night, “one that admits people who are skilled, who want to work, who will contribute to our society, and who will love and respect our country.”

The president and his allies claim such an immigration policy would promote cohesion and unity among Americans “and finally bring our immigration system into the 21^st century.” Far from forward-facing, however, the president’s policies evoke the beginning of the 20^th century, when war abroad and opportunity at home brought waves of immigrants to the United States, from Italians, Polish, and Russians to Chinese and Japanese. Their arrival sparked a backlash from those who feared what these newcomers might mean for white supremacy and the privileged position of white, Anglo-Saxon Americans. Those fears coalesced into a movement for “American homogeneity,” and a drive to achieve it by closing off America’s borders to all but a select group of immigrants. This culminated in 1924 with the Johnson-Reed Act, which sharply restricted immigration from Southern and Eastern Europe and all but banned it from much of Asia.

Members of the Trump administration have praised the Johnson-Reed Act for its severe restrictions on who could enter the country, and the act’s history helps illuminate what exactly Trump means when he says he wants to put “America first.”

The cohesion Trump espouses isn’t national or ideological. It is racial. The fight over immigration isn’t between two camps who value the contributions of immigrants and simply quibble over the mix and composition of entrants to the United States. It is between a camp that values immigrants and seeks to protect the broader American tradition of inclusion, and one that rejects this openness in favor of a darker legacy of exclusion. And in the current moment, it is the restrictionists who are the loudest and most influential voices, and their concerns are driving the terms of the debate.

At the heart of the nativist idea is a fear of foreign influence, that some force originating abroad threatens to undermine the bonds that hold America together. What critics condemned as “Know Nothing-ism” in the 19^th century, adherents called Americanism. “The grand work of the American party,” said one nativist journal in 1855, “is the principle of nationality … we must do something to protect and vindicate it. If we do not, it will be destroyed.”

In the first decades of the 20^th century, the defense of “the principle of nationality” took several forms. At the level of mass politics, it meant a retooled and reinvigorated Ku Klux Klan with a membership in the millions, whose new incarnation was as committed to anti-immigrant, anti-Catholic, and anti-Semitic politics as it was to its traditional anti-black racism. In Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, historian Nancy MacLean notes how Georgia Klan leader William Joseph Simmons warned his followers that they were, in his words, “being crowded out by a “mongrel population … organized into Ghettos and Communistic groups … and uplifting a red flag as their insignia of war.” Likewise, Klan leaders and publications blasted Catholic immigrants as “European riff-raff” and “slaves of ignorance and vice” who threatened to degrade the country at the same time that they allegedly undermined native-born white workers. When, in 1923 and 1924, Congress was debating the Johnson-Reed Act, the Klan organized a letter-writing campaign to help secure its passage, turning its rhetoric into political action.

At the elite level, it meant the growth of an intellectual case for nativism, one built on a foundation of eugenics and “race science.” Prominent scholars like Madison Grant (The Passing of the Great Race) and Lothrop Stoddard (The Rising Tide of Color Against White World Supremacy) penned books and delivered lectures across the country, warning of a world in which “Nordic superiority” was supplanted by those of so-called inferior stock. “What is the greatest danger which threatens the American republic today?” asked eugenicist Henry Fairfield Osborn in the preface to Grant’s book. “I would certainly reply: The gradual dying out among our people of those hereditary traits through which the principles of our religious, political and social foundations were laid down and their insidious replacement by traits of less noble character.” The aim of the nativists was to preserve those traits and admit for entry only those immigrants who could fully and easily assimilate into them.

. . . .

It is true that there are some more moderate restrictionists in the mix, for whom the drive to reduce legal immigration is driven by concern and prudence—concern over immigration’s impact on wage and employment, especially among the country’s working-class citizens, and prudence regarding our ability to assimilate and absorb new arrivals.

The facts do not support these misgivings. Low-skilled immigration does more to bolster prospects for working-class Americans—providing complementary employment to construction and farm labor—than it does to lower wages. Likewise, immigrants to the United States have shown a remarkable capacity for assimilation, quickly integrating themselves into the fabric of American life by building homes, businesses, and families. To the extent that native-born workers need protection, it’s best provided by stronger unions and more generous support from the government.

But those moderate voices aren’t setting the agenda. Instead, it’s the hardliners who have used their initiative to inject nativism into mainstream politics and channel, in attenuated form, the attitudes that produced the 1924 law. President Trump, for example, ties Hispanic immigrants to crime and disorder, blaming their presence for gang violence. He attributes terror attacks committed by Muslim immigrants to the “visa lottery and chain migration” that supposedly allows them unfettered access to American targets. And in a recent meeting with Democratic and Republican lawmakers, Trump disparaged Haiti and various African nations as “shitholes” (or “shithouses”) whose immigrants should be turned away from the country in favor of those from European countries, like Norway. It’s unclear if Trump is aware of Rep. Albert Johnson, who spearheaded the 1924 immigration law. But in his racial ranking of immigrants, the president echoed the congressman’s sentiments. “The day of unalloyed welcome to all peoples, the day of indiscriminate acceptance of all races, has definitely ended,” proclaimed Johnson on the passage of the bill that bore his name.

The president isn’t alone in his views. Before joining the Trump administration, former White House adviser Stephen Bannon openly opposed nonwhite immigration on the grounds that it threatened the integrity of Western nations. And while Bannon has been exiled from Trump’s orbit, that legacy lives on. Stephen Miller, who is now the driving force behind immigration policy in the Trump administration, is a notorious hardliner who has echoed Bannon’s views, bemoaning the number of foreign-born people in the United States.

Miller is the former communications director for and protégé of Jeff Sessions, who as Alabama’s senator praised the Johnson-Reed Act and its restrictions on foreign-born Americans. “When the numbers reached about this high in 1924, the president and Congress changed the policy, and it slowed down immigration significantly,” Sessions said in a 2015 interview with Bannon. “We then assimilated through the 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

As attorney general, Sessions has leaned in to these views. “What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful?” said Sessions during a recent interview on Fox News. “That is not what a good nation should do, and we need to get away from it.” Rep. Steve King of Iowa, a staunch defender of Trump, is especially blunt in his defense of hardline immigration policies. “Assimilation, not diversity, is our American strength,” he said on Twitter last year.

Assimilation in those middle decades of the 20^th century was built, to a considerable extent, on racial exclusion. It was assimilation into whiteness, one which bolstered and preserved the racial status quo. There’s no return to the America of that era, but one could slow the nation’s demographic transition. The White House proposals for immigration reform seem designed to do just that. According to an analysis from the Cato Institute, President Trump’s framework for immigration would slash entries by 44 percent, excluding almost 22 million people from the United States over the next 50 years. And in an analysis tied to the “Securing America’s Future Act”—a House-produced bill which hews closely to what the president wants—the Center for Global Development finds that white immigrants would be twice as likely to attain entry into the United States than black and Hispanic ones, while a majority of Muslim and Catholic immigrants would be barred from the country. Couple these measures with voter suppression, a biased census, apportionment by citizenship, extreme gerrymandering, and the existing dominance of rural counties in national politics, and you can essentially rig the system for the preservation of white racial hegemony.

Immigration policy is inextricably tied to our nation’s self-identity. What we choose to do reflects the traditions we seek to uphold. In the 1920s, most Americans wanted a more homogenous country, and they chose accordingly. Forty years later, in the midst of the civil rights revolution and a powerful ethos of inclusion, Americans reversed course, opening our borders to millions of people from across the globe. In this moment, we have two options. We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.

Jamelle Bouie

Jamelle Bouie is Slate’s chief political correspondent.”

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

Read the complete article, with more historical references to the racist historical basis for today’s GOP restrictionist policies, at the link.

Actually, “Gonzo Apocalypto,” most of those Latino, African, Hispanic, and Middle Eastern immigrants that you look down upon and disrespect aren’t illiterate in their own countries. And, they probably speak and understand English better than you do their native languages.

While you, Gonzo, have spent most of your adult life on the “public dole,” trying to turn back the clock and, as far as I can see, doing things of questionable overall value to society, immigrants have been working hard at critical jobs, at all levels of our society, that you and your White Nationalist buddies couldn’t or wouldn’t be able to do. Hard-working immigrants, not your “White Nationalist Myth,” have advanced America in the latter half of the 20th Century and the beginning of the 21st Century. Immigrants will continue to make America stong, prosperous, and great, if you and your White Nationalist restrictionist cronies would only get out of the way of progress!

“We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.”

Right on, Jamelle!

PWS

02-02-18

ICEMEN GONE WILD: MINDLESS, COUNTERPRODUCTIVE, CRUEL, WASTEFUL “GONZO” IMMIGRATION ENFORCEMENT IS THE ORDER OF THE DAY UNDER THE TRUMP/SESSIONS REGIME! — “Have discretion and humanity been dropped from the attributes that Americans can expect of their law enforcement agencies?”

https://www.washingtonpost.com/opinions/unshackled-by-the-trump-administration-deportation-agents-discount-basic-decency/2018/01/28/0785a7b2-013d-11e8-bb03-722769454f82_story.html

From the Washington Post Editorial Board:

“IMMIGRATION AND CUSTOMS Enforcement, the federal agency whose deportation agents have been unshackled by the Trump administration, has intensified its efforts to such a degree that cruelty now seems no impediment to its enforcement decisions, and common sense appears to play a diminishing role.

Recent months have brought news of one senseless detention and deportation after another. From all appearances, the agency seems to have embraced the idea that it is just to sunder established families and separate immigrant parents from their U.S.-born children — even in cases involving garden-variety technical violations of immigration rules.

Yes, the Obama administration also deported some longtime residents who had committed no serious offenses, but its deportation efforts were focused on criminals. By contrast, detentions of immigrants with no criminal records more than doubled in the first year of President Trump’s administration — to 13,600 in 2017 from 5,498 in 2016. Evidently seized by a vainglorious notion of its mission, ICE too often discounts basic decency as a guiding tenet.

How else to explain the detention and imminent deportation of a 27-year-old Ohio man, arrested for driving without a license, who is the only means of financial support, and one of just two trained medical caregivers, for a 6-year-old paraplegic boy (who also happens to be a U.S. citizen)? How else to explain the deportation of a construction worker in Michigan, the father of 10- and 3-year-old U.S.-born boys, who provided critical help to police in Detroit in their investigation of a shooting?

How else to explain the airport arrest and deportation of a 22-year-old female college student from Spain, visiting the United States for a vacation at the invitation of a librarian at Oregon State University, on grounds that she would give Spanish lessons to the librarian’s young son for a few weeks — work for which she lacked the right visa? How else to explain the deportation of a 39-year-old landscaper living in the Detroit suburbs, a father and husband of U.S. citizens, who had lived in the United States since age 10 and whose record was so unblemished that it didn’t even feature a traffic violation? How else to explain the Israeli undergraduate at the University of California at San Diego, a “dreamer” studying legally in the United States, who was detained upon trying to cross back into the United States minutes after his roommate made a wrong turn on the highway, unintentionally driving into Mexico?

In its boilerplate communiques, the agency defends its actions by insisting that it prioritizes bona fide threats to national security and public safety but exempts no category of “removable alien” from enforcement. Which raises a question: Have discretion and humanity been dropped from the attributes that Americans can expect of their law enforcement agencies?”

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

In answer to the Post’s question: YES, thanks exactly what has been happening in America since the very beginning of the Trump regime — starting with the “Muslim Ban” and continuing with a consistent White Supremecist agenda! Many of us have been saying that all along!

We already have the “New American Gulag” — expanded “civil” immigration detention in substandard, potentially even deadly conditions, in obscure “out of sight, out of mind” locations. There, individuals, many deserving legal protection from the US under our laws, are denied fair access to counsel and railroaded out of the country in what essentially are “mock court” hearings conducted by “judges” controlled by notorious White Nationalist Jeff “Gono Apocalypto” Sessions.

Sessions and his minions encourage the judges to view individuals in removal proceedings as “production numbers, possible fraudsters, and potential terrorists,” rather than as vulnerable human beings deserving of fairness, respect, and due process.

To complement the “New American Gulag,” we now have the “New American Gestapo,” headed by Acting Chief ICEMAN Tom Homan. It’s an internal police force that operates without rules, rhyme, reason, or humanity — in other words arbitrary “Gonzo” enforcement intended to terrorize ethnic (primarily Latino) communities.

And, in case you haven’t read about it, ICE now has the capacity to electronically track the whereabouts and driving patterns of every license plate in America —- including YOURS! Of course they say that they will only use it for “legitimate” law Enforcement purposes.

But, for the “New American Gestapo” everything is “legitimate” — boundaries on law enforcement conduct and misconduct went out the widow when the Trumpsters crawled in. Remember, Gonzo essentially told local police forces he really didn’t care what they were doing to the civil rights of African-Americans and other minorities as long as they were enforcing the law and bringing crime rates down!

This is why ICE is well on its way to becoming the most hated, distrusted, and least respected police force in America.

Had enough of the Trump Administation’s trampling on Constitutional rights, civil rights, human rights, and just plain old human decency in America! Join the resistance!

The “New Due Process Army” (“NDPA”) is out there every day fighting for the Due Process and the legal rights of everyone in America and standing up against the excesses of the Trump Administration. Join their effort today!

PWS

01-29-18

POLITICO: HOW THE TRUMP ADMINISTRATION INTENTIONALLY MISUSES TERRORISM STATS TO STOKE XENOPHOBIA AND RUIN LIVES!

https://www.politico.com/magazine/story/2018/01/28/trump-administration-terror-statistics-216541

Professors Leaf Van Boven and Paul Slovic write:

“. . . . So why don’t people correct these misconceptions? One reason is that people are loath to scrutinize statements that confirm what they already believe. People are particularly receptive to believe statements from trusted sources (the departments of Justice and Homeland Security, if not the president). If people already believe that immigrants pose a threat, they are unlikely to probe whether the White House is phrasing its statistics appropriately.

Confusing the inverse probabilities of terrorist acts and foreign-born individuals is not merely an academic issue. Proponents of restrictive immigration polices continue to use fear-based, inverse fallacy tactics. During the recent government shutdown, Trump released an ad promising to “fix our border and keep our families safe,” adding, “Democrats who stand in our way will be complicit in every murder committed by illegal immigrants.”

Citing that “3 in 4” terrorists are foreign born implies, erroneously, that excluding the foreign born would substantially reduce a large threat to this country. But at what cost? How many of the 41 million lives of immigrants and refugees should be ruined to further reduce an already minuscule threat? Let’s not use statistical lies to destroy lives.”

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

Read the complete article at the link.

Under “Gonzo” the DOJ has become one of the leading purveyors of false, distorted, or otherwise misrepresented data to promote White Nationalism and unfairly target immigrants and ethnic groups. He couldn’t even get his story straight before Congress. There is good reason to disbelieve or be skeptical of everything coming out of Gonzo’s mouth and the DOJ.

And, it’s not just my observation. Gonzo consistently fails “Fact Checker” analyses on his pejorative statements about immigration and law enforcement. He’s just “not credible.” That”s a major problem for him, the DOJ, and our country.

PWS

01-28-18

GONZO’S WORLD: SOMEBODY’S GOT TO DO TRUMP’S “DIRTY WORK” AT JUSTICE — GONZO WELCOMES THE CHANCE – “CHATTER ON THE STREET” SAYS HE’S BEEN TERRIFIC AT IMPLEMENTING RACIST, WHITE NATIONALIST AGENDA AND “DECONSTRUCTING” JUSTICE IN AMERICA! – Damage To Rights Of American Blacks, Latinos, Gays, and Other “Targeted Groups” Could Be Long Lasting!

“Dirty Work” by Steely Dan.

Check it out here:

http://www.metrolyrics.com/dirty-work-lyrics-steely-dan.html

https://www.washingtonpost.com/news/the-fix/wp/2018/01/23/its-looking-more-and-more-like-jeff-sessions-is-doing-trumps-political-dirty-work/?utm_term=.20948af9517b

Aaron Blake reports for the Washington Post:

“The defining moment of Jeff Sessions’s time as attorney general has been when he recused himself from oversight of the Russia investigation. That quickly led to the appointment of special counsel Robert S. Mueller III, who is now extensively probing President Trump. And by all accounts, it seriously strained Sessions’s relationship with Trump, who thinks Sessions should be protecting him and doing his bidding.

But there are increasing signs that Sessions has indeed done plenty of Trump’s bidding behind closed doors. And he’s done it on some dicey and very politically tinged issues — so much so that he made Trump’s second FBI director deeply uncomfortable with the whole thing.

The Post’s Devlin Barrett and Philip Rucker report that Sessions has pressured FBI Director Christopher A. Wray to get rid of his deputy Andrew McCabe, a holdover from James B. Comey’s FBI and favorite target for Republicans alleging bias in federal law enforcement. Some have reported that Wray even threatened to resign; The Post is reporting that he did not explicitly do so.

Here’s the meat of it all:

Sessions, Republican lawmakers and some members of the Trump administration have argued for weeks that Wray should conduct some kind of housecleaning by demoting or reassigning senior aides to his predecessor, Comey, according to people familiar with the matter. These people added that Sessions himself is under tremendous political pressure from conservative lawmakers and White House officials who have complained that the bureaucracy of federal law enforcement is biased against the president.

Trump has made no secret of his distaste for McCabe, even tweeting about it repeatedly after McCabe announced last month that he would soon retire, when he becomes eligible for full pension benefits. Trump’s tweets date back to the summer and have focused on McCabe’s wife’s run for the Virginia state legislature as a Democrat and ties to Hillary Clinton.

. . . .

In other words, Trump has publicly stated his preference for Sessions to try to get rid of McCabe, and he has suggested Wray do it as well. Now we find out Sessions did indeed attempt it, and Wray resisted it.

But it’s only the latest evidence that Sessions and his Justice Department are taking specific actions that Trump has publicly urged, even as they, in some cases, risk looking like they are in service to Trump’s political goals.

The New York Times reported recently that a Sessions aide went to Capitol Hill last year seeking derogatory information about Comey at a time when Trump clearly had his eyes on firing Comey. (A Justice Department spokesman has denied this occurred.) There are also reports that the Justice Department is considering a revival of its investigation into Hillary Clinton’s emails, which Trump has repeatedly called for. And back in August, Sessions announced a ramped-up effort to root out leakers in the federal government — just days after Trump tweeted that Sessions had taken “a VERY weak position” on the issue.

(Remarkably, Trump actually hit Sessions for his weak positions on both leakers and Clinton’s emails in the same tweet. The Justice Department now appears to be addressing both.)

The Post’s Josh Dawsey and Matt Zapotosky even reported last month that Sessions has engaged in an all-out campaign to regain Trump’s faith by pointing to things the Justice Department has done in service of Trump’s agenda. That’s a pretty remarkable state of affairs.

Some of these things are issues on which Sessions has clearly sided with Trump, especially the dangers of leakers. So it’s perhaps no surprise Sessions would pursue them. But the fact that Trump called for these actions before Sessions was reported to have taken them sure makes it look like he’s taking direction from Trump — or at least succumbing to pressure that Trump and others have brought to bear.

Sessions has also, notably, resisted that pressure at times. During congressional testimony in November, he very publicly shunned a Republican lawmaker’s conspiracy theory — one to which Trump has also alluded — about how the federal government may have colluded with Democrats to spy on Trump’s campaign. Sessions said the issue didn’t rise to the level of appointing a special counsel.

But the picture of what Sessions is doing behind the scenes is increasingly suggesting that Trump’s very public hints that his attorney general should do this or that have often resulted in those specific actions. And especially when it comes to things such as trying to force out McCabe or reportedly dig up dirt on Comey, it sure makes it look like Sessions is using his authorities to try to address Trump’s political aims.

And for an attorney general who leads the federal law enforcement that is currently investigating the president and his team, that’s a perception problem, at best.”

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

Read Blake’s full article, complete with “Tweet Texts,” at the link.

Meanwhile “chatter” surrounding the DOJ credits Sessions for doing a “bang up” job of implementing his racist, White Nationalist agenda at Justice. Basically, according to some, he’s very effectively shifting the Government’s resources, focus, and litigating capacity to insuring that no element of White privilege or far-Right religious intolerance goes unprotected.

At the same time, he’s using basically bogus or at least highly misleading “statistics” to “rev up” racist fervor against immigrant, primarily Latino communities and Democratic local officials who won’t go along with his program of attempting to draw false connections between immigrants and crime and terrorism. Meanwhile, he essentially has consigned the rights of African-Americans, Latinos, Immigrants, Migrants, Women who seek abortions, and the LGBTQ community to the “trash-bin of Justice.” Many who care about the future of racial equality and social justice in America are concerned that this type of “deep damage” to our justice system can’t easily be undone or repaired, even after Sessions and his “wrecking crew” finally depart the “Halls of Injustice.”

Reportedly, Sessions has been ably assisted in his campaign “to take the justice out of Justice” by Associate Attorney General Rachel B. Brand, the “number three” person at Justice. Brand, a former Assistant Attorney General for the Office of Legal Policy under Bush II, DOJ “vet,” and apparent “true believer” in the Radical Right, maintains a much “lower profile” than the ever controversial Sessions. But, apparently she and those under her excel at undoing and “deconstructing” all of the “social justice” achievements of the Obama Administration.

Following the “Watergate Disaster” in the 1970, where the Nixon Administration’s blatant politicization of the DOJ became a national scandal, succeeding Administrations, in my view, more or less “backed off” of obvious political partisanship at the DOJ. But, as Watergate becomes a “mere tiny image in the rearview mirror,” that “tradition of restraint” has gradually eroded. Sounds to me like the “Watergate Era” has basically returned to the DOJ. This time, and quite sadly for our Constitutional system of Government and the U.S. Justice System, there is some doubt as to whether it will ever depart again.

PWS

01-28-18

SATURDAY SATIRE: DAVOS REPORT: TRUMP WOWS INTERNATIONAL FAT CATS WITH PROMISE THAT AMERICA WILL LEAD THE WORLD TO NEW HEIGHTS OF INCOME INEQUALITY — “Starving The Poor To Feed The Rich Will End Poverty,” Says Leader Of World’s Most Powerful Kleptocracy!

“God loves the greedy and selfish, for they shall inherit the earth, the sun, the planets, and the entire universe.”

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

WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING!

PWS

01-27-18

ELIZABETH BRUENIG @ WASHPOST: TRUMP & THE GOP WHITE NATIONALISTS ARE DECONSTRUCTING AMERICAN SOCIETY!

https://www.washingtonpost.com/opinions/trump-promised-to-unite-americans-his-policies-leave-us-more-alone-than-ever/2018/01/25/d9b60e62-0155-11e8-bb03-722769454f82_story.html

Bruenig writes:

“At his inauguration, President Trump promised to renew the unity of the American people, claiming that “through our loyalty to our country, we will rediscover our loyalty to each other.” Then, Trump seemed intent on creating a reborn civic and social consciousness, and on empowering ordinary people against big government and big money.

And yet, Trump’s administration has ushered in a virulently antisocial politics that dissolves the most basic bonds and leaves individuals powerless against both market and state. Trump, like many populists of the right, gained a foothold by promising that a resurgent nationalism could make people feel cohesive, trusting and strong again. But like his right-leaning populist predecessors, he has offered only the imaginary bonds of nationalism — the illusion of fellow-feeling and homogeneity — even as his policies destroy the real and foundational bonds of family and community in the arenas of health care, immigration, labor and more.

. . . . In its amicus brief in support of unions, the U.S. Conference of Catholic Bishops points out that the destruction of unions based on the loose interpretation of money as speech will render workers weaker than ever before. “Ironically then,” the bishops observe, “a misguided effort to protect one individual from government coercion would leave only individuals to stand against government (or economic) coercion.”

If only that world were really so far away. In reality, it is already here. What unites workfare, the annihilation of DACA and the war on unions is a totalizing individualism — the belief that people are essentially isolated individuals. That we are alone before we are together. That we are more and not less ourselves in total isolation. From that view flow policies that disregard or deny that people are, in fact, embedded in families, communities and industries, and that their bonds and obligations are powerful and ought to be respected and protected by the state. No politics issuing from that view can ever cultivate unity.

What Trump offered as an answer to the aching aloneness of Americans was nationalism, the exchange of an imagined community for actual ones, the promise of a mystic bond with people you’ll never meet even while the ones you know and love are deported, abandoned, dying. It was supposed to bring us together, supposed to make us strong. But his policies stand to leave us more alone than we’ve ever been, and in our solitude, weak.

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

Read the rest of Elizabeth’s op-ed at the link.

First, it was Mexicans, Muslims, and undocumented workers. Then came Legal Immigrants, Latinos, African-Americans, LGBTQ individuals, demonstrators, the sick, the poor, women seeking to exercise their constitutional right to abortion, unionists, Liberals, and Democrats. Don’t see YOUR GROUP on the “hit list.” Just wait. It keeps expanding, Folks like Trump and his White Nationalist buddies can’t live without an “enemy of the day” to rally their “base.”

When the GOP White Nationalists decide that YOU no longer fit their image of America, who will be left to stand up for YOUR rights. Harm to the most vulnerable members of our community, and failure to stand up for them, harms and ultimately diminishes the humanity of all of us. And, that’s how free societies are “deconstructed and destroyed.” Stand up for everyone’s rights! Just say no to Trump and his White Nationalist Cabal!

PWS

01-26-18

COURTSIDE HISTORY: HOW THE FOUNDING FATHERS’ RACISM ERASED A PRESIDENT’S DAUGHTER! — ALSO MY: “FRIDAY ESSAY — FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS”

https://www.washingtonpost.com/news/made-by-history/wp/2018/01/25/how-did-we-lose-a-presidents-daughter/

Professor Catherine Kerrison writes in the Washington Post:

“Many people know that Thomas Jefferson had a long-standing relationship with his slave, Sally Hemings. But fewer know that they had four children, three boys and a girl, who survived to adulthood. Born into slavery, Sally’s daughter Harriet boarded a stagecoach to freedom at age 21, bound for Washington, D.C. Her father had given her $50 for her travel expenses. She would never see her mother or younger brothers again.

With her departure from Monticello in 1822, Harriet disappeared from the historical record, not to be heard of again for more than 50 years, when her brother told her story. Seven-eighths white, Harriet had “thought it to her interest to go to Washington as a white woman,” he said. She married a “white man in good standing” in that city and “raised a family of children.” In the half-century during which she passed as white, her brother was “not aware that her identity as Harriet Hemings of Monticello has ever been discovered.”So how did we lose a president’s daughter? Given America’s obsession with the Founding Fathers, with the children of the Revolution and their descendants, why did Jefferson’s child disappear? As it turns out, America has an even greater obsession with race, so that not even Harriet Hemings’s lineage as a president’s daughter was sufficient to convey the benefits of freedom. Instead, her birth into slavery marked her as black and drove her decision to erase her family history.

Harriet Hemings passed as white to protect her fragile freedom. Jefferson had not issued her formal manumission papers, so until the abolition of slavery in 1865, by law she remained a slave, which meant her children also inherited that condition. But in a society that increasingly associated blackness with enslavement, Hemings used her white skin not only to ensure her children’s freedom, but to claim for them all the rights and privileges of whiteness: education, the vote, a home mortgage, any seat they chose on a streetcar. To reveal herself as the daughter of Jefferson and his slave would have destroyed her plans for a better life for her descendants.

Since Harriet’s time, science has proved there is no difference in blood as a marker of “race.” As a biological category, racial difference has been exposed as a sham. Even skin color is not a reliable indicator of one’s origins. As one study calculated, almost a third of white Americans possess up to 20 percent African genetic inheritance, yet look white, while 5.5 percent of black Americans have no detectable African genetic ancestry. Race has a political and social meaning, but not a biological one.

This is why the story of Harriet Hemings is so important. In her birth into slavery and its long history of oppression, she was black; but anyone who saw her assumed she was white. Between when she was freed in 1822 and the ratification of the 13th Amendment in 1865, she was neither free nor enslaved — yet she lived as a free person.

She does not comfortably fit any of the terms that have had such inordinate power to demarcate life in America. Her disappearance from the historical record is precisely the point. When we can so easily lose the daughter of a president and his slave, it forces us to acknowledge that our racial categories are utterly fallacious and built on a science that has been thoroughly discredited.

Yet as political, economic and social categories, racial difference and its consequences remain profoundly real. White privilege has been much on display in our own day, as armed white men proclaiming white supremacy marched unmolested in the streets, while unarmed black men are shot down by police who are rarely held to account. Politicians run successful campaigns on platforms of racial hatred.

This is why, by one estimate, between 35,000 and 50,000 black Americans continue to cross the color line each year.

As I poured through hundreds of family genealogies, searching for more details about the life of Harriet Hemings, I saw that all families have invented stories: details that have been embellished over time, or perhaps altered by accidental errors. Descendants of immigrants Anglicized their names; information in census records is inconsistent from one decade to another; genealogies are altered because of confusion with recurring favorite names over multiple generations.

Those families who pass as white most definitely have such invented stories. It is what they had to do to authenticate a white lineage, to be recognized as fully human and fully American, with all the rights and privileges thereto — rights and privileges not even a lineage as honored as Jefferson’s can match.

Nations, as well as families, invent stories about themselves. In both cases, we will run into characters we would rather not admit as being one of us, and stories we would rather not tell about ourselves. That the president’s daughter had to choose between her family and living a life with the dignity only whiteness can confer is one of those stories. But without them, we will never truly know where we’ve come from; and without them, we will never be able to chart out a path for a better family and national life.

201

Comments

Share on FacebookShare

Share on TwitterTweet

Share via Email

Catherine Kerrison is an associate professor of history at Villanova University, and the author of the forthcoming book “Jefferson’s Daughters: Three Sisters, White and Black in a Young America.”

Follow @CKerrisonPhD

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

FRIDAY ESSAY — FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS

BY PAUL WICKHAM SCHMIDT

Cathy and I recently visited Monticello. Unlike my first visit, decades ago, I found that the issue of slavery subsumed everything else. And, TJ as a person and a human being certainly got infinitely smaller during our time there.

How could someone like Jefferson, who understood human rights, actually “own” his common-law wife Sally Hemings and his own children as “property” — to be meticulously accounted for and “valued” (only in cash, not humanity) along with barrels of beer, cases of wine, hogsheads of tobacco, kegs of nails, books, and furniture?

What kind of “father” wouldn’t publicly acknowledge and show affection to his own children when they were living within a stone’s throw? How could a man who had a long-standing domestic relationship with a woman and fathered her children continue with the knowingly false narrative that African-American slaves were somehow “less than human” and therefore not entitled to freedom, dignity, education, fair compensation for their labor, or any of the other basic rights that Jefferson and his White upper class contemporaries took for granted?

Guys who got worked up about paying too much tax giving a “free pass” to their own exploitation of hundreds of thousands of enslaved individuals? (Remind you of any of today’s politicos of any contemporary party?)

And, no, Jefferson and the other slave-owning founding fathers don’t get a “free pass” as “products of their times.” That’s the type of “DAR sanitized non-history” we were fed in elementary and high school.

They were, after all, contemporaries of William Wilberforce who was speaking, writing, and fighting the (ultimately successful) battle to end slavery in England. We can also tell from the writings of Jefferson, Washington, Madison, and Monroe that they realized full well that enslavement of African-Americans was wrong. But, they didn’t want to endanger their livelihood (apparently none of them felt confident enough in his abilities to earn an “honest living”) or their “social standing” in a racist society.

Truth is that guys who had the courage to risk their lives on a “long shot” that they could win their political freedom from England, lacked the moral courage to stop doing what they knew was wrong. Yes, they founded our great country! And, we should all be grateful for that. But, we shouldn’t forget that they also were deeply flawed individuals, as we all are. It’s critical for our own well-being that we recognize, not celebrate, those flaws.

Those flaws also caused untold human suffering. Largely untold, because enslaved African-Americans were denied basic education, outside social contact, and certainly possessed no “First Amendment” rights. There were few first-hand written accounts of the horrors of slavery. Of course, there were no national news syndicates or “muckraking journalists” to expose the truth of what really was going on “down on the plantations.”

One of the things our guide at Monticello described was that “passing for White” wasn’t necessarily the “great boon” that “us White guys” might think it was. It meant leaving your family, friends, and ancestry behind and creating a new “fake” ancestry to appease White society.

For example, if Jefferson’s “White” daughter had a “not so White” husband and children at Monticello, they could never have accompanied her into the “White World.” Indeed, even if such family members were eventually “freed,” acknowledging them as kin would bring down the whole carefully constructed “Whitehouse of cards.”

For that reason, some light-skinned slaves who could have escaped and passed into White society chose instead to remain enslaved with their “dark-skinned” families and relatives.

The “Father of American Independence” only freed three slaves during his lifetime (none of them apparently family members). And he only freed five slaves upon his death.

The rest were sold, some “down the river,” breaking up families, to pay the substantial indebtedness that Jefferson’s irresponsible lifestyle had run up during his lifetime. Even in death, his enslaved workers paid a high price for his disingenuous life.

So, the next time our President or one of his White Nationalist followers plays the “race card,” (and that includes of course Latinos and other ethnic and religious minorities, not just African-Americans or African immigrants) think carefully about the ugly reality of race in American history, not the “sugar-coated version.”

While you’re at it, you should wonder how in the 18th year of the 21st Century we have elected a man and a party who know and acknowledge so little about our tarnished past and who strive so eagerly to send us backwards in that direction.

PWS

01-26-18

RELIGION: JIM WALLIS @ SOJOURNERS: The Christian Duty To Fight For The Dreamers!

“The roughly 10-20 percent of Americans who do not support protecting the Dreamers in any way have long had a hugely outsized influence on our politics. Gerrymandered white Republican districts led to a wave of radical anti-immigration restrictionists in the House. That trend, of course, continued through the 2016 election, when hardline immigration opponents got perhaps their greatest champion in recent memory in the White House with President Donald Trump. While he has been very inconsistent on DACA, he has consistently elevated and empowered immigration hardliners in his administration — those who appeal to his white nationalist base.”

https://sojo.net/articles/christians-daca-our-fight

Wallis writes:

“COMMENTARY

By Jim Wallis 1-25-2018

Print

The Dreamers have won the hearts of most all Americans — across our political boundaries — whose country they joined when they were just children and who are clearly Americans too.

There is enormous public support for DACA (Deferred Action for Childhood Arrivals) from the American people. According to a poll released by CBS News last week, “nearly 9 in 10 Americans (87%) favor allowing young immigrants who entered the U.S. illegally as children to remain in the U.S.” This number includes 79 percent of Republicans, 92 percent of Democrats, and 87 percent of independents who favor the policy.

TAKE ACTION: Tell Congress to Save DACA

The DACA program, which is designed to shield from deportation undocumented Americans who were brought to this country by their parents, was established by President Obama in 2012 and ended by President Trump in September. Congress has tried and failed for the last 17 years to pass legislation that would formally confer legal status on these young men and women.

Because of President Trump’s decision, about 800,000 Dreamers currently protected by DACA will be at risk of deportation in early March unless Congress passes legislation and the president signs it by then. That’s why Democrats and some Republican members of Congress have felt such urgency to finally pass permanent legal protection for the Dreamers. Until the issue is resolved legislatively, it is likely to dominate the political debates in Washington in the weeks to come.

Dreamers are essential members of our communities. As politicians play games with their futures, it’s important that we share their stories. They are Dreamers like Mauricio Lopez-Marquez, who is 28 years old and was able to become a social worker after receiving DACA. In that role and as a dance instructor for an after-school program, he works with 180 young people in New Mexico. They are Dreamers like 22-year-old Teresa Rivera, who is a senior at the University of North Carolina at Chapel Hill and a part-time child facilitator at an organization that supports women and children who have experienced domestic violence. They are Dreamers like Zabdi Samuel Olvera, 18, who was brought from Mexico to Charlotte, N.C., at 6 months old, and is currently majoring in computer science at the University of North Carolina at Chapel Hill. Zabdi’s work with underprivileged children in South Charlotte and his excellence on his varsity wrestling team earned him a Golden Door Scholarship, which provides a full-tuition scholarship that is making it possible for him to earn his degree. If Congress does not pass legislation to protect the Dreamers by early March, these young men and women and so many more will be unable to work legally in the United States and could be vulnerable to deportation.

Dreamers are essential members of our communities. As politicians play games with their futures, it’s important that we share their stories.

In 2012 many Dreamers had the opportunity to step out of the shadows and participate fully in the economy in ways that were previously impossible. They have done so, however, at great risk: In exchange for legal protection, they had to provide their personal information to the government. And now, unless Congress acts, the government could use that information to find and deport them. This is not a tenable moral or political position, and the public support for a permanent DACA fix reflects that. Americans understand that the Dreamers are our children’s teachers, they work in our communities, and they serve their country in all kinds of ways, including the military.

READ: 8 Immigration Stories That Explain What’s at Stake for DACA

It is also undeniable that churches across the theological and political spectrum of American Christianity have been steadfast in support for the Dreamers. Even among white evangelicals, the base of Donald Trump’s support, 57 percent favor protection for Dreamers. This support comes from biblical commands about how we should treat “the stranger” among us, a religiously inspired sense of what is moral and just, and the fact that many Dreamers and their families are members of our church communities —and even our pastors. As I’ve written many times before, the biblical command to protect immigrants is unambiguous, and that certainly informs how many Christians approach this issue. But the human stories are perhaps even more influential in changing minds and hearts. Indeed, many churchgoers have discovered over the last five years that people they know well and care for deeply are undocumented because DACA gave them the incentive to step out of the shadows. Now, congregations all over the country are facing the possibility that many families in their midst will soon be torn apart. That is justifiably causing righteous outrage and determination for Christians all over the country to stand beside Dreamers and demand a solution from Congress.

Yet the problem, as it has been for many years, is to translate the strong public support for protecting Dreamers to actual policy change. The roughly 10-20 percent of Americans who do not support protecting the Dreamers in any way have long had a hugely outsized influence on our politics. Gerrymandered white Republican districts led to a wave of radical anti-immigration restrictionists in the House. That trend, of course, continued through the 2016 election, when hardline immigration opponents got perhaps their greatest champion in recent memory in the White House with President Donald Trump. While he has been very inconsistent on DACA, he has consistently elevated and empowered immigration hardliners in his administration — those who appeal to his white nationalist base.

READ: Meet the Dreamers of North Carolina

We don’t know how this fight will ultimately turn out, but we do know two things. First, we know that the right thing for Christians to do is to fight — and fight hard — for Dreamers until they get the permanent protection they need, and continue fighting for their parents and the many other undocumented people living among us. These are the people Jesus literally commands us to treat as we would treat him.

Second, we know that since an overly influential group of hardline anti-immigration White House officials and politicians in Congress are blocking both the will of the overwhelming majority of the American people and what God wants, we must defeat them at the ballot box. There are fundamental Christian issues that cause Christians to vote against political candidates — and being opposed to immigrants should become one of those issues. We need to ensure that the fate of the Dreamers and other undocumented Americans is a voting issue for Christians this November and beyond.

Jim Wallis

Jim Wallis is president of Sojourners. His new Audible spoken-word series, Jim Wallis In Conversation, is available now, as is his book, America’s Original Sin: Racism, White Privilege, and the Bridge to a New America. Follow Jim on Twitter @JimWallis.”

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

Jim has nailed it! Our public immigration policy has been taken over by a group of White Nationalist GOP restrictionists who represent a minority of Americans, but are now driving the debate and the policies.

Guys like Attorney General Jeff Sessions, whose racially tinged White Nationalist views on immigration as a Senator were so extreme that he was once marginalized within his own party, and his White Nationalist strategist/protégée Steven Miller, are now in charge of the Government’s immigration policies. They and others in the GOP with similar restrictionist views have made overtly racist immigration policies “fashionable” again.

We now “debate” things like “should we reduce African immigration, deport long-term law abiding Hispanic residents, and bar Muslims” as if these immoral minority proposals were a legitimate “other side” of the immigration issue. The real issues often get shoved aside.

The minority might have seized control. But that doesn’t mean that they are entitled to ram their anti-immigrant, basically anti-American policies down the throats of the rest of us.

The resistance is going to take a prolonged and energetic effort — at the ballot box, in the courts, and in the arena of public opinion. But, eventually, human decency, true American values, and having our “nation of immigrants” treat current and future migrants as human beings whose contributions we recognize and value will be restored!

PWS

01-25-18

THE GOP WHITE NATIONALIST “IMMIGRATION AGENDA” IS INTENTIONALLY CRUEL, RACIST, UNAMERICAN AND QUITE LIKELY ILLEGAL!

https://splinternews.com/we-just-got-a-disturbing-look-at-the-inhumanity-of-the-1822383012

Jorge Rivas reports for Splinter:

“Some 70% of Americans support a legislative solution that would allow DACA recipients who entered the U.S. illegally as children to stay in the United States—but the fight to pass that legislation has stalled so much that it led to the shutdown of the federal government. In part, that’s because some Republicans are making divisive and hardline demands about broader reforms to the immigration system in exchange for DACA protections.

Homeland Security Secretary Kirstjen Nielsen reportedly passed out a four-page memo at a meeting earlier this month that includes a bulleted list of the administration’s 46 “must haves” on immigration negotiations, according to Politico, which published the memo on Wednesday.

The site reports President Donald Trump had not seen the list of demands before the January 9 meeting and reportedly told attendees to ignore the list. But according to Politico, the memo is backed by White House chief of staff John Kelly and xenophobic White House senior adviser Stephen Miller—who has wielded major influence on the administration’s immigration policy—as well as Nielsen. It also echoes bills introduced in both the House and Senate.

The memo—titled “MUST HAVE’S: AUTHORITIES & FUNDING FOR IMMIGRATION DEAL”—includes some some well-known demands, like $18 billion to fund Trump’s wall, but it also lists dozens of lesser known “must haves.”

One is a call for immediate access to federal lands and expedited acquisitions of other properties to “eliminate certain geographical limitations” in order to find space for the border wall. This could mean long legal fights with Native American reservations along the U.S.-Mexico border.

The memo also calls for re-classifying overstaying a visa as a misdemeanor. Currently, that is handled as a civil violation in immigration court proceedings.

The memo’s “must haves” call for even more immigration agents than previously proposed, including 10,000 new Immigration and Customs Enforcement officers, 8,000 new Border Patrol agents, 1,000 new ICE attorneys, and 370 new immigration judges. (Since the Border Patrol can’t even meet minimum staffing levels mandated by Congress, getting 8,000 extra agents seems unlikely.)

The administration also wants to make it tougher for unaccompanied children and asylum seekers to prove they have a legitimate credible fear of returning to the countries they fled. And when they can prove they’re being persecuted, the Trump administration now wants to send them to “safe third countries.”

The memo also includes all the other stuff we’ve heard about, like limiting “sanctuary cities,” ending family reunification programs (what Trump calls “chain migration”) and the elimination of the diversity visa lotteries.

To top it all off, the memo calls for making the legalization process even more expensive for immigrants who are authorized to be here legally, by imposing additional surcharges on visa, immigration, and border crossing fees.”

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

Sick and tired of racist, “21st Century Know Nothings,” like Steven Miller and Jeff “Gonzo Apocalypto” Sessions running immigration policy, spineless “go along to get along” bureaucrats like Kirstjen Nielson in change of important Government immigration agencies, and restrictionist pols like Sen. Tom Cotton, Sen. David Perdue, Rep. Bob Goodlatte, and Rep. Raul Labrador blocking sensible, humane immigration reform.

That’s why Ballot Boxes were invented! Vote these evil, ignorant, clowns who are ruining America out of office at your earliest opportunity!

01-25-18

MANUEL MADRID @ AMERICAN PROSPECT: Sessions Relishes Chance To Turn U.S. Immigration Courts Into “Whistle Stops On His Deportation Railway!” – Administrative Closing Likely Just To Be The First Casualty – I’m Quoted!

http://theprosp.ec/2E3a315

Manuel writes:

“Jeff Sessions Is Just Getting Started on Deporting More Immigrants

MANUEL MADRID

JANUARY 23, 2018

He’s speeding up their hearings, and if that leads to expelling exemplary immigrants on whose paperwork the government is sitting—well, that’s tough.

AP Photo/Carolyn Kaster

Attorney General Jeff Sessions speaks during a news conference at the Justice Department

This could be Jeff Sessions’s year.

Not that he wasn’t busy in 2017, a year marked by his rescinding Deferred Action for Childhood Arrivals (DACA), attacking sanctuary cities, reinstating debtors’ prisons, and cracking down on recreational marijuana. Indeed, over these last few months Sessions appears to have been working with the single-minded focus of a man who reportedly came within inches of losing his job in July after falling into President Trump’s bad graces for recusing himself from the Mueller probe.

But 2018 will provide him his best chance yet at Trumpian redemption.

Sessions has long railed against the United States’ “broken” asylum system and the massive backlog of immigration court cases, which has forced immigrants to suffer unprecedented wait times and has put a significant strain on court resources. But the attorney general’s appetite for reform has now grown beyond pushing for more judges and a bigger budget, both largely bipartisan solutions. The past few months have seen Sessions begin to attempt to assert his influence over the work of immigration courts (which, unlike other federal courts, are part of the Executive Branch) and on diminishing the legal protections commonly used by hundreds of thousands of immigrants—developments that have alarmed immigration judges, attorneys, and immigrant advocacy groups alike.

Earlier this month, Sessions announced that he would be reviewing a decades-old practice used by immigration judges and the Justice Department’s Board of Immigration Appeals to shelve cases without making a final ruling. Described by judges as a procedural tool for prioritizing cases and organizing their case dockets, the practice—“administrative closure”—also provides immigrants a temporary reprieve from deportation while their cases remain in removal proceedings. Critics argue that administrative closure, which became far more frequent in the later years of the Obama administration, creates a quasi-legal status for immigrants who might otherwise be deported.

There are currently around 350,000 administratively closed cases, according to according to the American Bar Association’s ABA Journal.

Should Sessions decide to eliminate administrative closures—a decision many observers describe as imminent—those cases could be thrown into flux. The move would be in line with previous statements from various figures in the Trump administration and executive orders signed by the president himself—namely, that no immigrant is safe from deportation; no population is off the table.

Beyond creating chaos for hundreds of thousands of immigrants, the premature recalendaring of cases could also lead to erroneous deportations. For instance, in the case of unaccompanied minors applying for Special Immigrant Juvenile Status, a humanitarian protection granted by Citizenship and Immigration Services, an untimely return to court could be the difference between remaining or being ordered to leave the country. Even if a minor has already been approved by a state judge to apply for a green card, there is currently a two-year visa backlog for special visa applicants from Ecuador, Guatemala, and Honduras and more than a one-year backlog for those from from Mexico. Administrative closures allow these children to avoid deportation while they wait in line for a visa to become available.

But if judges can no longer close a case, they will either have to grant a string of continuances, a time-consuming act that requires all parties (the judge, defendant, and government attorney) to show up to court repeatedly, or simply issue an order of removal—even if the immigrant has a winning application sitting on a desk in Citizenship and Immigration Services. Under the Trump administration, Immigrations and Customs Enforcement has been actively filing to recalendar cases of non-criminals that had been administratively closed for months, including those of children whose applications had already been approved. Now Sessions, who as a senator zealously opposed immigration reforms that would benefit undocumented immigrants, could recalendar them all.

Unshelving hundreds of thousands of cases would also further bog down an already towering backlog of approximately 650,000 immigration court cases, according to Syracuse University’s Transactional Records Access Clearinghouse—a policy result that at first seems antithetical to Sessions’s rhetoric about cutting the backlog and raising efficiency. That is unless, as some suggest, the backlog and efficiency were never really his primary concerns to begin with.

“When [Sessions] says he wants to decrease the court backlog and hire more immigration judges, what he really means is he wants more deportation orders, whatever the cost,” says Heidi Altman, director of policy at the National Immigrant Justice Center.

Removing a judge’s ability to close a case would be the second in a one-two punch aimed at knocking down avenues of relief for cases that remain in the system for long periods of time.

Sessions’s decision to review administrative closure surprised few who had been following his rhetoric over the past few weeks. In a December memo detailing plans to slash the backlog, the attorney general said that he anticipated “clarifying certain legal matters in the near future that will remove recurring impediments to judicial economy and the timely administration of justice.” The Justice Department had already largely done away with allowing prosecutors to join in motions to administratively close a case that didn’t fall within its enforcement priorities. Removing a judge’s ability to close a case would be the second in a one-two punch aimed at knocking down avenues of relief for cases that remain in the system for long periods of time.

And it’s unlikely that Sessions will stop there. As attorney general, he is free to review legal precedents for lower immigration courts. In changing precedential rulings, he could do away with a multitude of other legal lifelines essential to immigrants and their attorneys.

. . . .

“Administrative closure makes a good starting point for Sessions, because the courts likely won’t be able stop it,” says Paul Schmidt, a former immigration judge and former head of the Board of Immigration Appeals. “Administrative closure was a tool created by the Justice Department and therefore it can be dismantled by the Justice Department.”

“After all, the bad thing about the immigration courts is that they belong to the attorney general,” Schmidt adds.

Unlike other federal judges, immigration judges are technically considered Justice Department employees. This unique status as a judicial wing of the executive branch has left them open to threats of politicization. In October, it was revealed that the White House was planning on adding metrics on the duration and quantity of cases adjudicated by immigration judges to their performance reviews, effectively creating decision quotas. A spokeswoman for the National Association of Immigration Judges described the proposal as a worrying encroachment on judicial independence. “Immigration judge morale is at an all time low,” says Dana Marks, former president of the association and a judge for more than 30 years. Other federal judges are not subject to any such performance evaluations.

It’s no coincidence that a review of administrative closure was announced just a few months after it was discovered that the Justice Department was considering imposing quotas on judges. Streamlining deportations has proven an elusive goal, even for Sessions: Deportations in 2017 were down from the previous year, according to DHS numbers. Meanwhile, arrests surged—up 42 percent from the same period in 2016. Flooding already overwhelmed immigration courts with even more cases would certainly cause chaos in the short-term, but wouldn’t necessarily lead to deportations by itself. If an end to administrative closures is paired with decision quotas on immigration judges, however, a surge in deportations seems inevitable.”

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

Read Manuel’s complete article at the above link.

As I’ve noted before, Due Process clearly is “on the run” at the U.S. Immigration Courts. It will be up to the “New Due Process Army” and other advocates to take a stand against Sessions’s plans to erode Constitutional Due Process and legal protections for immigrants of all types. And don’t think that some U.S. citizens, particularly Blacks, Latinos, and Gays, aren’t also “in his sights for denial of rights.” An affront to the rights of the most vulnerable in America should be taken seriously for what it is — an attack on the rights of all of us as Americans! Stand up for Due Process before it’s too late!

PWS

01-23-18

JUSTIN GEORGE @ VICE – HOW TRUMP & SESSIONS ARE TRASHING AMERICA’S CRIMINAL JUSTICE SYSTEM!

https://www.vice.com/en_us/article/mbpnkb/trump-has-already-demolished-obamas-criminal-justice-legacy

George writes:

“This story was published in partnership with the Marshall Project.

On criminal justice, Donald J. Trump’s predecessor was a late-blooming activist. By the end of President Barack Obama’s second term, his administration had exhorted prosecutors to stop measuring success by the number of defendants sent away for the maximum, taken a hands-off approach to states legalizing marijuana and urged local courts not to punish the poor with confiscatory fines and fees. His Justice Department intervened in cities where communities had lost trust in their police.

After a few years when he had earned the nickname “Deporter-in-Chief,” Obama pivoted to refocus immigration authorities—in effect, a parallel criminal justice system—on migrants considered dangerous, and created safeguards for those brought here as children. He visited a prison, endorsed congressional reform of mandatory-minimum sentences, and spoke empathetically of the Black Lives Matter movement. He nominated judges regarded as progressives.

In less than a year, President Trump demolished Obama’s legacy.

In its place, Attorney General Jeff Sessions has framed his mission as restoring the “rule of law”, which often means stiffening the spines and limiting the discretion of prosecutors, judges and law officers. And under President Trump’s “America first” mandate, being tough on crime is inextricably tied to being tough on immigration.

“I think all roads in Trump’s rhetoric and Sessions’s rhetoric sort of lead to immigration,” said Ames Grawert, an attorney in the left-leaning Brennan Center’s Justice Program who has been studying the administration’s ideology. “I think that’s going to make it even harder for people trying to advance criminal justice reform because that’s bound up in the president’s mind, in the attorney general’s mind, as an issue that they feel very, very passionately on—restricting immigration of all sorts.”

Here are nine ways Trump has transformed the landscape of criminal justice, just one tumultuous year into his presidency.

He changed the tone

Words matter, and Trump’s words were a loud, often racially charged departure from the reformist talk of being “smart on crime” and making police “guardians, not warriors.” His response to a New York City terrorist truck attack last year reflects the new tone:

“We… have to come up with punishment that’s far quicker and far greater than the punishment these animals are getting right now,” Trump said. “They’ll go through court for years. And at the end, they’ll be—who knows what happens. We need quick justice and we need strong justice—much quicker and much stronger than we have right now. Because what we have right now is a joke and it’s a laughingstock. And no wonder so much of this stuff takes place.”

The president’s rhetoric seemed to trickle down. Ed Gillespie, the Republican candidate for governor of Virginia, adopted what many call “Trumpism” during his fall campaign, vilifying Democrat Ralph Northam as being soft on crime. His ads accused Democrats of restoring the voting rights of a child pornography collector—targeting one man out of the 168,000 former felons who had had their voting rights restored.

In a hotly contested Alabama senate race, Trump accused the Democrat—a prosecutor who had won convictions against two Klansmen who helped plot the 1963 church bombing that killed four black girls—of being “soft on crime.”

While both of the Republicans lost, prisoner advocates worry the discourse has re-sparked irrational fears and will spook conservatives who have in recent years joined the reform movement. And Trump has not limited his target set to Democrats. He has attacked members of his own party, like Arizona senator Jeff Flake, as “weak on crime and border.”

He wants to keep the “mass” in mass incarceration

Of all the moves Sessions made in 2017, none brought as much consternation from all sides of the political spectrum—from the Koch brothers and Rand Paul to the ACLU and Cory Booker—as this: He revoked the Obama-era instruction to federal prosecutors to be more flexible in charging low-level, nonviolent offenders. Under this policy, federal prosecutions had declined for five consecutive years and, in 2016, were at their lowest level in nearly two decades, according to the Pew Research Center.

Sessions ordered prosecutors to seek the maximum punishment available, prompting widespread fear of a return to the late 1980s and early 1990s, when the federal prisons filled with drug offenders. In what it is calling a budget cut, the Bureau of Prisons has also ordered the closure of several halfway houses, which can extend the length of time soon-to-be released prisoners are spending behind bars.

The administration has also cast doubt on the prospect of legislation aimed at reducing mandatory-minimum sentences and encouraging diversion to drug treatment and mental health care. Governors and advocates who boast of success at reducing state prison populations—notably in red states—met with the president and son-in-law Jared Kushner on January 11 to plead for similar measures in the federal system, but the discussion was largely confined to rehabilitating the incarcerated rather than incarcerating fewer people in the first place. While sentencing reform seems to be fading, there appears to be progress toward a Kushner-led crusade that calls on churches and private businesses to mentor prisoners upon release and help them find jobs and housing. Trump may also look to cut regulations such as licensing requirements that prohibit applicants with felony records from some lines of work.

He made immigration synonymous with crime

Perhaps the most consistent theme of his young administration is that immigrants, especially immigrants of color, are a danger. From the Mexican “rapists” to the “shithole countries” of the third world, the president has played to a base that believes—evidence to the contrary—that immigrants bring crime and displace American workers.

Deportation orders have surged. The Department of Justice said in early December that total orders of removal and voluntary departures were up 34 percent compared with the same time in 2016. Actual removals have not kept pace—in fact, they were at their lowest level since 2006, according to the Transactional Records Access Clearinghouse at Syracuse University—but it is clear the Trump administration is ramping up ways to deport undocumented immigrants.

The declared ending of the Deferred Action for Childhood Arrivals (DACA) program was met with wide consternation from Republicans and Democrats, and is being fought out in courts and bipartisan political negotiations. Trump has given mixed signals as to whether the DACA recipients, brought into the US illegally as children, get to stay, and at what political price. But in the meantime he has ordered an end to protection of refugees from Haiti (at least 60,000) and El Salvador (at least 200,000) who were granted temporary legal status under a bill signed by the first President Bush. And just the other day Sessions limited the power of immigration judges to close complicated cases, a move that could lead to thousands more deportations.

The immigrants-as-menace meme recurs in the argument over “sanctuary cities,” where officials have declined to help in the roundup of the undocumented. Sessions has threatened to withhold federal policing funds from uncooperative venues, so far unsuccessfully.”

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

Read the rest of the article at the link.

Ah, the “New American Gulag!”

PWS

01-23-18

MICHELLE BRANE @ WOMEN’S REFUGEE COMMISSION — “Why I March!”

“Dear Paul,

Today, my daughter Marisa and I joined thousands of women, men, and children in Washington, DC and other cities around the country to march for equality and for justice.

First and foremost on my mind while I marched with my daughter were the migrant and refugee women, children, and families for whom I advocate every day. With each step, I thought about the brave mothers who escape danger in their home countries because, like all mothers, they want a bright future for their children. Expecting to find safety at our border, these women and children are instead met by the Trump administration’s policies of ripping families apart.

I decided to march today in honor of the women and children who reach for safety but are instead betrayed.

The Women’s Refugee Commission will march forward with our important work supporting women and children seeking safety at our border. We will continue to utilize the court systems, inform the press and public, and hold the Trump administration accountable until asylum seekers have the protection and services they need to be safe, healthy, and to rebuild their lives. But there is strength in numbers.

In the spirit of the Women’s March, and the women for whom we march, please join us by donating today.

We can accomplish so much more together than we can alone.

In solidarity,

Michelle Brané
Director, Migrant Rights and Justice Program

DONATE

© 2017 Women’s Refugee Commission. All rights reserved.
The Women’s Refugee Commission is a 501(c)(3) organization.
Donations are deductible to the full extent allowable under IRS regulations.
15 West 37th Street, 9th Floor, New York, NY 10018 • Tel. (212) 551-3115”

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

Like me, my friend Michelle began her career as an Attorney Advisor at the BIA. She is also a distinguished alum of Georgetown Law where I am an Adjunct Professor.

The Women’s Refugee Commission does some fantastic work in behalf of vulnerable women and children who arrive at our border seeking refuge and justice, only to be detained and railroaded back to life-threatening conditions by the anti-refugee, anti-Due-Process, White Nationalist regime of Trump, Sessions, Miller, Nielsen, and their complicit minions.

Michelle was named one of the “21 Leaders for the 21st Century” by Women’s e-News.

Imagine what a great country this could be if our Government and our justice system were led by smart, courageous, principled, values-driven, humane leaders like Michelle and her colleagues, rather than by a cabal of morally bankrupt White Nationalist men and their sycophantic subordinates.

PWS

01-22-18

JULIA PRESTON: CHAOS IN COURT! – TRUMP ADMINISTRATION’S MAL-ADMINISTRATION OF IMMIGRATION COURTS RUINS LIVES, FRUSTRATES JUDGES!

https://www.themarshallproject.org/2018/01/19/lost-in-court

Julia writes for The Marshall Project:

“. . . .

And so in this gateway city on the Rio Grande [Laredo], inside a building rimmed with barbed wire, past security guards and locked doors, immigration judges on short details started hearing cases in a cramped courtroom that was hastily arranged in March.

But seven months later, the case of Oscar Arnulfo Ramírez, an immigrant from El Salvador, was not going quickly. He was sitting in detention, waiting for a hearing on his asylum claim. And waiting some more.

The court files, his lawyer discovered, showed that Ramírez’s case had been completed and closed two months earlier. Since the case was closed, the court clerk couldn’t schedule a new hearing to get it moving again. In fact, the clerk didn’t even have a record that he was still detained.

“It’s as if he’s non-existent,” his lawyer,, said. “He’s still in a detention center. He’s still costing the government and the American people tax dollars. But there’s no proceeding going on. He’s just sitting there doing completely nothing.”

Ramírez’s case was one of many signs of disarray in the improvised court in Laredo, which emerged during a weeklong visit in late October by a reporter from The Marshall Project and a radio producer from This American Life. Instead of the efficiency the Trump administration sought, the proceedings were often chaotic. Hearing schedules were erratic, case files went missing. Judges were exasperated by confusion and delays. Like Ramírez, detainees were lost in the system for months on end.

For a view of the border crossing in Laredo and the grinding process migrants begin there, check out Kirsten Luce’s photosfrom the gateway on the Rio Grande.

With the intense pressure on the court to finish cases, immigrants who had run from frightening threats in their home countries were deported without having a chance to tell the stories that might have persuaded a judge to let them stay.

. . . .

For Paola Tostado, the lawyer, Ramírez was not the first client to fall through the cracks in Laredo. Even though she is based in Brownsville, three hours away, Tostado was making the pre-dawn drive up the highway as many as three times a week, to appear next to her clients in court in Laredo whenever she could.

Another Salvadoran asylum-seeker she represented, whose case was similarly mislaid, had gone for four months with no hearing and no prospect of having one. Eventually he despaired. When ICE officers presented him with a document agreeing to deportation, without consulting Tostado he had signed it.

“I’ve had situations where we come to an individual client who has been detained over six months and the file is missing,” she said. “It’s not in San Antonio. It’s not in Laredo. So where is it? Is it on the highway?”

In her attempts to free Ramírez, Tostado consulted with the court clerk in San Antonio, with the ICE prosecutors and officers detaining him, but no one could say how to get the case started again.

Then, one day after reporters sat in the courtroom and spoke with Tostado about the case, ICE released him to pursue his case in another court, without explanation.

But by December Tostado had two other asylum-seekers who had been stalled in the system for more than seven months. She finally got the court to schedule hearings for them in the last days of the year.

“I think the bottom line is, there’s no organization in this Laredo court,” Tostado said. “It’s complete chaos and at the end of the day it’s not fair. Because you have clients who say, I just want to go to court. If it’s a no, it’s a no. If it’s a yes, it’s a yes.”

Unlike criminal court, in immigration court people have no right to a lawyer paid by the government. But there was no reliable channel in Laredo for immigrants confined behind walls to connect with low-cost lawyers. Most lawyers worked near the regular courts in the region, at least two hours’ drive away.

Sandra Berrios, another Salvadoran seeking asylum, learned the difference a lawyer could make. She found one only by the sheerest luck. After five months in detention, she was days away from deportation when she was cleaning a hallway in the center, doing a job she had taken to keep busy. A lawyer walked by. Berrios blurted a plea for help.

The lawyer was from a corporate law firm, Jones Day, which happened to be offering free services. Two of its lawyers, Christopher Maynard and Adria Villar, took on her case. They learned that Berrios had been a victim of vicious domestic abuse. A Salvadoran boyfriend who had brought her to the United States in 2009 had turned on her a few years later when he wanted to date other women.

Once he had punched her in the face in a Walmart parking lot, prompting bystanders to call the police. He had choked her, burned her legs with cigarettes, broken her fingers and cut her hands with knives. Berrios had scars to show the judge. She had a phone video she had made when the boyfriend was attacking her and records of calls to the Laredo police.

The lawyers also learned that the boyfriend had returned to El Salvador to avoid arrest, threatening to kill Berrios if he ever saw her there.

She had started a new relationship in Texas with an American citizen who wanted to marry her. But she’d been arrested by the Border Patrol at a highway checkpoint when the two of them were driving back to Laredo from an outing at a Gulf Coast beach.

After Berrios been detained for nine months, at a hearing in July with Maynard arguing her case, a judge canceled her deportation and let her stay. In a later interview, Berrios gave equal parts credit to God and the lawyers. “I would be in El Salvador by this time, already dead,” she said. “The judges before that just wanted to deport me.”

. . . .

We have heard frustration across the board,” said Ashley Tabaddor, a judge from Los Angeles who is the association [NAIJ] president. She and other union officials clarified that their statements did not represent the views of the Justice Department. “We’ve definitely heard from our members,” she said, “where they’ve had to reset hundreds of cases from their home docket to go to detention facilities where the docket was haphazardly scheduled, where the case might not have been ready, where the file has not reached the facility yet.”

Another association official, Lawrence Burman, a judge who normally sits in Arlington, Va., volunteered for a stint in a detention center in the rural Louisiana town of Jena, 220 miles northwest of New Orleans. Four judges were sent, Burman said, but there was only enough work for two.

“So I had a lot of free time, which was pretty useless in Jena, Louisiana,” Burman said. “All of us in that situation felt very bad that we have cases back home that need to be done. But in Jena I didn’t have any of my files.” Once he had studied the cases before him in Jena, Burman said, he was left to “read the newspaper or my email.”

The impact on Burman’s case docket back in Arlington was severe. Dozens of cases he was due to hear during the weeks he was away had to be rescheduled, including some that had been winding through the court and were ready for a final decision. But with the enormous backlog in Arlington, Burman had no openings on his calendar before November 2020.

Immigrants who had already waited years to know whether they could stay in the country now would wait three years more. Such disruptions were reported in other courts, including some of the nation’s largest in Chicago, Miami and Los Angeles.

“Many judges came back feeling that their time was not wisely used,” Judge Tabaddor, the association president, said, “and it was to the detriment of their own docket.”

Justice Department officials say they are pleased with the results of the surge. A department spokesman, Devin O’Malley, did not comment for this story but pointed to congressional testimony by James McHenry, the director of the Executive Office for Immigration Review. “Viewed holistically, the immigration judge mobilization has been a success,” he said, arguing it had a “positive net effect on nationwide caseloads.”

Justice Department officials calculated that judges on border details completed 2700 more cases than they would have if they had remained in home courts. Officials acknowledge that the nationwide caseload continued to rise during last year, reaching 657,000 cases by December. But they noted that the rate of growth had slowed, to .39 percent monthly increase at the end of the year from 3.39 percent monthly when Trump took office.

Judge Tabaddor, the association president, said the comparison was misleading: cases of immigrants in detention, like the ones the surge judges heard, always take priority and go faster than cases of people out on release, she said. Meanwhile, according to records obtained by the National Immigrant Justice Center, as many as 22,000 hearings in judges’ home courts had to be rescheduled in the first three months of the surge alone, compounding backlogs.

. . . .”

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

Read Julia’s complete article at the above link. Always enjoy getting quotes from my former Arlington colleague Judge Lawrence O. (“The Burmanator”) Burman. He tends to “tell it like it is” in the fine and time-honored Arlington tradition of my now retired Arlington colleague Judge Wayne R. Iskra. And, Judge Iskra didn’t even have the “cover” of being an officer of the NAIJ. Certainly beats the “pabulum” served up by the PIO at the “Sessionized” EOIR!

Also, kudos to one of my “former firms” Jones Day, its National Managing Partner Steve Brogan, and the Global Pro Bono Counsel Laura Tuell for opening the Laredo Office exclusively for pro bono immigration representation, As firms like jones Day take the “immigration litigation field,” and give asylum applicants the “A+ representation” they need and deserve, I predict that it’s going to become harder for the Article III U.S. Courts to ignore the legal shortcomings of the Immigration Courts under Sessions.

A brief aside. My friend Laura Tuell was a “Guest Professor” during a session of my Immigration Law & Policy class at Georgetown Law last June. On the final exam, one of my students wrote that Laura had inspired him or her to want a career embodying values like hers! Wow! Talk about making a difference on many levels!And talk about the difference in representing real values as opposed to the legal obfuscation and use of the legal system to inflict wanton cruelty represented by Sessions and his restrictionist ilk.

We also should recognize the amazing dedication and efforts of pro bono and “low bono” lawyers like Paola Tostado, mentioned in Julia’s report. “Even though she is based in Brownsville, three hours away, Tostado was making the pre-dawn drive up the highway as many as three times a week, to appear next to her clients in court in Laredo whenever she could.” What do you think that does to her law practice? As I’ve said before, folks like Paola Tostado, Christopher Maynard, Adria Villar, and Laura Tuell are the “real heroes” of Due Process in the Immigraton Court system.

Compare the real stories of desperate, bona fide asylum seekers and their hard-working dedicated lawyers being “stiffed” and mistreated in the Immigration Court with Sessions’s recent false narrative to EOIR about an asylum system rife with fraud promoted by “dirty attorneys.” Sessions’s obvious biases against migrants, both documented and undocumented, and particularly against Latino asylum seekers on the Southern Border, make him glaringly unqualified to be either our Attorney General or in charge of our U.S. Immigration Court system.

No amount of “creative book-cooking” by EOIR and the DOJ can disguise the human and due process disaster unfolding here. This is exactly what I mean when I refer to “”Aimless Docket Reshuffling” (“ADR”), and it’s continuing to increase the Immigration Court backlogs (now at a stunning 660,000) notwithstanding that there are now more Immigration Judges on duty than there were at the end of the last Administration.

I’ll admit upfront to not being very good at statistics and to being skeptical about what they show us. But, let’s leave the “Wonderful World of EOIR” for a minute and go on over to TRAC for a “reality check” on how “Trumpism” is really working in the Immigration Courts. http://trac.syr.edu/phptools/immigration/court_backlog/apprep_backlog.php

On September 30, 2016, near the end of the Obama Administration, the Immigration Court backlog stood at a whopping 516,000! Not good!

But, now let go to Nov. 30, 2017, a period of 14 months later, 10 of these full months under the policies of the Trump Administration. The backlog has mushroomed to a stunning 659,000 cases — a gain of 153,000 in less than two years! And, let’s not forget, that’s with more Immigration Judges on board!

By contrast, during the last two full years of the Obama Administration — September 30, 2014 to September 30, 2016 — the backlog rose from 408,000 to 516,000. Nothing to write home about — 108,000 — but not nearly as bad as the “Trump era” has been to date!

Those who know me, know that I’m no “fan” of the Obama Administration’s stewardship over the U.S. Immigration Courts. Wrongful and highly politicized “prioritization” of recently arrived children, women, and families from the Northern Triangle resulted in “primo ADR” that sent the system into a tailspin that has only gotten worse. And, the glacial two-year cycle for the hiring of new Immigration Judges was totally inexcusable.

But, the incompetence and disdain for true Due Process by the Trump Administration under Sessions is at a whole new level. It’s clearly “Amateur Night at the Bijou” in what is perhaps the nation’s largest Federal Court system. And, disturbingly, nobody except a few of us “Immigration Court Groupies” seems to care.

So, it looks like we’re going to have to stand by and watch while Sessions “implodes” or “explodes” the system. Then, folks might take notice. Because the collapse of the U.S. Immigration Courts is going to take a big chunk of the Article III Federal Judiciary with it.

Why? Because approximately 80% of the administrative review petitions in the U.S. Courts of Appeals are generated by the BIA. That’s over 10% of the total caseload. And, in Circuits like the 9th Circuit, it’s a much higher percentage.

The U.S. Immigration Judges will continue to be treated like “assembly line workers” and due process will be further short-shrifted in the “pedal faster” atmosphere intentionally created by Sessions and McHenry. The BIA, in turn, will be pressured to further “rubber stamp” the results as long as they are removal orders. The U.S. Courts of Appeals, and in some cases the U.S. District Courts, are going to be left to clean up the mess created by Sessions & co.

We need an independent Article I U.S. Immigration Court with competent, unbiased judicial administration focused on insuring individuals’ Due Process now! We’re ignoring the obvious at our country’s peril!

PWS

01-20-18

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

“Dirty Work” by Steely Dan.

Check it out here:

Related posts:

“God loves the greedy and selfish, for they shall inherit the earth, the sun, the planets, and the entire universe.”

WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING!

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

“Jeff Sessions Is Just Getting Started on Deporting More Immigrants

Related posts:

Related posts:

Related posts:

Related posts: