"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
The head of the Federal Judges Association is taking the extraordinary step of calling an emergency meeting to address the intervention in politically sensitive cases by President Trump and Attorney General William P. Barr.
U.S. District Judge Cynthia M. Rufe, the Philadelphia-based judge who heads the voluntary association of around 1,100 life-term federal judges, told USA Today that the issue “could not wait.” The association, founded in 1982, ordinarily concerns itself with matters of judicial compensation and legislation affecting the federal judiciary.
Republicans defend Barr as Klobuchar looks forward to testimony
Lawmakers and White House counselor Kellyanne Conway commented Feb. 16 on President Trump’s tweets and the conduct of Attorney General William P. Barr. (The Washington Post)
On Sunday, more than 1,100 former Justice Department employees released a public letter calling on Barr to resign over the Stone case.
A search of news articles since the group’s creation revealed nothing like a meeting to deal with the conduct of a president or attorney general.
Rufe, appointed to the bench by President George W. Bush, could not be reached for comment late Monday.
The action follows a week of turmoil that included the president tweeting his outrage over the length of sentence recommended by career federal prosecutors for his friend Roger Stone and the decision by Barr to withdraw that recommendation.
In between, Trump singled out the judge in the Stone case, Amy Berman Jackson of the U.S. District Court in Washington, for personal attacks, accusing her of bias and spreading a falsehood about her record.
“There are plenty of issues that we are concerned about,” Rufe said to USA Today. “We’ll talk all this through.”
Trump began disparaging federal judges who have ruled against his interests before he took office, starting with U.S. District Judge Gonzalo P. Curiel. After Curiel ruled against Trump in 2016 in a pair of lawsuits detailing predatory marketing practices at Trump University in San Diego, Trump described him as “a hater of Donald Trump,” adding that he believed the Indiana-born judge was “Mexican.”
Trump keeps lashing out at judges
President Trump has a history of denouncing judges over rulings that have negatively affected him personally as well as his administration’s policies. (Drea Cornejo/The Washington Post)
Faced with more than 100 adverse rulings in the federal courts, Trump has continued verbal attacks on judges.
Rufe’s comments gave no hint of what the association could or would do in response.
Some individual judges have already spoken out critically about Trump’s attacks generally, among them U.S. District Judge Paul L. Friedman, a colleague of Jackson’s in Washington, and most recently, the chief judge of the court in Washington, Beryl A. Howell.
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In reality, judges were among those inside Germany who might have effectively challenged Hitler’s authority, the legitimacy of the Nazi regime, and the hundreds of laws that restricted political freedoms, civil rights, and guarantees of property and security. And yet, the overwhelming majority did not. Instead, over the 12 years of Nazi rule, during which time judges heard countless cases, most not only upheld the law but interpreted it in broad and far-reaching ways that facilitated, rather than hindered, the Nazis ability to carry out their agenda.
— United States Holocaust Museum, Law, Justice, and the Holocaust, at 8 (July 2018)
How soon we forget!
Will Trump & Barr eventually separate Article III Judges’ families or send them to danger zones in Mexico or the Northern Triangle to “deter” rulings against the regime? Will Mark Morgan and Chad Wolf then declare “victory?” Will their families be scattered to various parts of the “New American Gulag” with no plans to reunite them? Will they be put on trial for their lives without access to lawyers? Are there costs for failing to take a “united stand” for the rule of law, Constitutional Due Process, human rights, and the human dignity of the most vulnerable among us?
Why does it take the case of a lifetime sleaze-ball like Roger Stone to get the “life-tenured ones” to “wake up” to the attacks on humanity and the rule of law going on under noses for the past three years?
(CNN)The Trump administration is reinforcing a tight deadline for immigration cases of unaccompanied migrant children in government custody in an effort to make quicker decisions about deportation, according to an email obtained by CNN.
The message seems designed to apply pressure on immigration judges to wrap up such cases within a 60-day window that’s rarely met and falls in line with a broader effort by the administration to complete immigration cases at a faster speed.
Judge Ashley Tabaddor, president of the National Association of Immigration Judges, said deadlines are “putting the judge between a rock and a hard place.”
“The only thing that can get done within 60 days is if someone wants to give up their case or go home or be deported,” Tabaddor told CNN.
The Executive Office for Immigration Review, which oversees the nation’s immigration court system, sent the email last month to assistant chief immigration judges, reminding them that unaccompanied children in government custody are to be considered the same as detained adults for purposes of scheduling cases.
While the 60-day deadline cited in the email is not new, it’s difficult to meet for cases of unaccompanied kids, in part, because of the time it takes to collect the relevant information for a child who comes to the United States alone. As a result, cases can often take months, if not years, to resolve.
Last year, an uptick in unaccompanied children at the US-Mexico border strained the administration’s resources. Over the course of the 2019 fiscal year, Border Patrol arrested around 76,000 unaccompanied children on the southern border, compared to 50,000 the previous fiscal year.
Unaccompanied children apprehended at the southern border are taken into custody by the Department of Homeland Security and referred to Health and Human Services. While in care at shelters across the country, case managers work to place a child with a sponsor in the United States, like a parent or relative.
Like adults and families who cross the US-Mexico border, unaccompanied children are put into immigration proceedings to determine whether they can stay in the United States.
The email from EOIR, dated January 30, says unaccompanied migrant children who are in the care of the government should be on a “60-day completion goal,” meaning their case is expected to be resolved within 60 days. It goes on to reference complaints received by the office of the director, but doesn’t say who issued the complaints or include a punishment for not meeting the completion goal.
EOIR spokeswoman Kathryn Mattingly told CNN that she could not comment on internal communications.
Golden McCarthy, deputy director at the Florence Immigrant and Refugee Rights Project, which works with unaccompanied migrant children, said “it does take time to reach out to” a child’s caretaker or adults in the child’s life.
“We all know that many times the child doesn’t necessarily have the full picture of what happened; it does take time to reach out to caretakers and adults in their lives to understand,” McCarthy said.
Initiatives designed to quickly process cases have cropped up before.
The Obama administration tried to get cases scheduled more expeditiously but deferred to the judges on the timeline thereafter, whereas the Trump administration’s move seems to be an intent to complete cases within a certain timeframe, according to Rená Cutlip-Mason, chief of Programs at the Tahirih Justice Center and a former EOIR official.
The Trump administration also appears to be getting cases scheduled faster. In Arizona, for example, the Florence Immigrant and Refugee Project has begun seeing kids called into immigration court earlier than they had been before.
In a statement submitted to the House Judiciary Committee in January, the group detailed the cases of children, one as young as 10 years old, who appeared before an immigration judge within days of arriving to the US.
“I think our clients and the kids we would work with are resilient,” McCarthy, the deputy director at the project, said. “But to navigate the complex immigration system is difficult for adults to do, and so to explain to a kid that they will be going to court and a judge will be asking them questions, the kids don’t typically always understand what that means.”
It can also complicate a child’s case since he or she may eventually move to another state to reunify with a parent or guardian, requiring the child’s case to move to an immigration court in that state.
Under the Trump administration, the Justice Department has rolled out a slew of other policies — such as imposing case quotas — to chip away at the nearly one million pending cases facing the immigration court system. Some of those controversial policies have resulted in immigration judges leaving the department.
In its latest budget request to Congress, the White House called for $883 million to “support 100 immigration judge teams” to ease the backlog.
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How to build a 1.3 million case backlog with no end in sight: Anatomy of “Aimless Docket Reshuffling:”
2017: Trump Administration “deprioritizes” unaccompanied minors, creating more docket chaos;
2020: Trump Administration “reprioritizes” unaccompanied minors, creating more docket chaos;
Result:
Unfairness to unaccompanied minors rushed through the system without due process;
Unfairness to long-pending cases continuously “shuffled off to Buffalo:”
Gross inconvenience to the public;
Demoralized judges whose dockets are being manipulated by unqualified bureaucrats for political reasons;
Growing backlogs with no rational plan for resolving them in the foreseeable future.
This reminds me of my very first posting on immigratoncourtside.com – from Dec. 27, 2016 —
SAVING CHILD MIGRANTS WHILE SAVING OURSELVES
By Paul Wickham Schmidt
They cross deserts, rivers, and territories controlled by corrupt governments, violent gangs, and drug cartels. They pass through borders, foreign countries, different languages and dialects, and changing cultures.
I meet them on the final leg of their trip where we ride the elevator together. Wide-eyed toddlers in their best clothes, elementary school students with backpacks and shy smiles, worried parents or sponsors trying to look brave and confident. Sometimes I find them wandering the parking garage or looking confused in the sterile concourse. I tell them to follow me to the second floor, the home of the United States Immigration Court at Arlington, Virginia. “Don’t worry,” I say, “our court clerks and judges love children.”
Many will find justice in Arlington, particularly if they have a lawyer. Notwithstanding the expedited scheduling ordered by the Department of Justice, which controls the Immigration Courts, in Arlington the judges and staff reset cases as many times as necessary until lawyers are obtained. In my experience, retaining a pro bono lawyer in Immigration Court can be a lengthy process, taking at least six months under the best of circumstances. With legal aid organizations now overwhelmed, merely setting up intake screening interviews with needy individuals can take many months. Under such conditions, forcing already overworked court staff to drop everything to schedule initial court hearings for women and children within 90 days from the receipt of charging papers makes little, if any, sense.
Instead of scheduling the cases at a realistic rate that would promote representation at the initial hearing, the expedited scheduling forces otherwise avoidable resetting of cases until lawyers can be located, meet with their clients (often having to work through language and cultural barriers), and prepare their cases. While the judges in Arlington value representation over “haste makes waste” attempts to force unrepresented individuals through the system, not all Immigration Courts are like Arlington.
For example, according to the Transactional Records Clearinghouse at Syracuse University (“TRAC”), only 1% of represented juveniles and 11% of all juveniles in Arlington whose cases began in 2014, the height of the so-called “Southern Border Surge,” have received final orders of removal. By contrast, for the same group of juveniles in the Georgia Immigration Courts, 43% were ordered removed, and 52% of those were unrepresented.
Having a lawyer isn’t just important – it’s everything in Immigration Court. Generally, individuals who are represented by lawyers in their asylum cases succeed in remaining in the United States at an astounding rate of five times more than those who are unrepresented. For recently arrived women with children, the representation differential is simply off the charts: at least fourteen times higher for those who are represented, according to TRAC. Contrary to the well-publicized recent opinion of a supervisory Immigration Judge who does not preside over an active docket, most Immigration Judges who deal face-to-face with minor children agree that such children categorically are incompetent to represent themselves. Yet, indigent individuals, even children of tender years, have no right to an appointed lawyer in Immigration Court.
To date, most removal orders on the expedited docket are “in absentia,” meaning that the women and children were not actually present in court. In Immigration Court, hearing notices usually are served by regular U.S. Mail, rather than by certified mail or personal delivery. Given heavily overcrowded dockets and chronic understaffing, errors by the Department of Homeland Security (“DHS”) in providing addresses and mistakes by the Immigration Court in mailing these notices are common.
Consequently, claims by the Department of Justice and the DHS that women and children with removal orders being rounded up for deportation have received full due process ring hollow. Indeed a recent analysis by the American Immigration Council using the Immigration Court’s own data shows that children who are represented appear in court more than 95% of the time while those who are not represented appear approximately 33% of the time. Thus, concentrating on insuring representation for vulnerable individuals, instead of expediting their cases, would largely eliminate in absentia orders while promoting real, as opposed to cosmetic, due process. Moreover, as recently pointed out by an article in the New York Times, neither the DHS nor the Department of Justice can provide a rational explanation of why otherwise identically situated individuals have their cases “prioritized” or “deprioritized.”
Rather than working with overloaded charitable organizations and exhausted pro bono attorneys to schedule initial hearings at a reasonable pace, the Department of Justice orders that initial hearings in these cases be expedited. Then it spends countless hours and squanders taxpayer dollars in Federal Court defending its “right” to aggressively pursue removal of vulnerable unrepresented children to perhaps the most dangerous, corrupt, and lawless countries outside the Middle East: El Salvador, Guatemala, and Honduras. The Board of Immigration Appeals (“BIA”), the institution responsible for enforcing fairness and due process for all who come before our Immigration Courts, could issue precedent decisions to stop this legal travesty of accelerated priority scheduling for unrepresented children who need pro bono lawyers to proceed and succeed. But, it has failed to act.
The misguided prioritization of cases of recently arrived women, children, and families further compromises due process for others seeking justice in our Immigration Courts. Cases that have been awaiting final hearings for years are “orbited” to slots in the next decade. Families often are spread over several dockets, causing confusion and generating unnecessary paperwork. Unaccompanied
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children whose cases should initially be processed in a non-adversarial system are instead immediately thrust into court.
Euphemistically named “residential centers” — actually jails — wear down and discourage those, particularly women and children, seeking to exercise their rights under U.S. and international law to seek refuge from death and torture. Regardless of the arcane nuances of our asylum laws, most of the recent arrivals need and deserve protection from potential death, torture, rape, or other abuse at the hands of gangs, drug cartels, and corrupt government officials resulting from the breakdown of civil society in their home countries.
Not surprisingly, these “deterrent policies” have failed. Individuals fleeing so-called “Northern Triangle” countries of El Salvador, Guatemala, and Honduras have continued to arrive at a steady pace, while dockets in Immigration Court, including “priority cases,” have mushroomed, reaching an astonishing 500,000 plus according to recent TRAC reports (notwithstanding efforts to hire additional Immigration Judges). As reported recently by the Washington Post, private detention companies, operating under highly questionable government contracts, appear to be the only real beneficiaries of the current policies.
It doesn’t have to be this way. We could save lives and short-circuit both the inconsistencies and expenses of the current case-by-case protection system, while allowing a “return to normalcy” for most already overcrowded Immigration Court dockets by using statutory Temporary Protected Status (known as “TPS”) for natives of the Northern Triangle countries. Indeed, more than 270 organizations with broad based expertise in immigration matters, as well as many members of Congress, have requested that the Administration institute such a program.
The casualty toll from the uncontrolled armed violence plaguing the Northern Triangle trails only those from Syria, Afghanistan, and Iraq. TPS is a well- established humanitarian response to a country in crisis. Its recipients, after registration, are permitted to live and work here, but without any specific avenue for obtaining permanent residency or achieving citizenship. TPS has been extended among others to citizens of Syria and remains in effect for citizens of both Honduras who needed refuge from Hurricane Mitch in 1998 and El Salvador who needed refuge following earthquakes in 2001. Certainly, the disruption caused by a hurricane and earthquakes more than a decade ago pales in comparison with the very real and gruesome reality of rampant violence today in the Northern Triangle.
Regardless, we desperately need due-process reforms to allow the Immigration Court system to operate more fairly, efficiently, and effectively. Here are a few suggestions: place control of dockets in the local Immigration Judges, rather than bureaucrats in Washington, as is the case with most other court systems; work cooperatively with the private sector and the Government counsel to docket cases at a rate designed to maximize representation at the initial hearings; process unaccompanied children through the non-adversarial system before rather
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than after the institution of Immigration Court proceedings; end harmful and unnecessary detention of vulnerable families; settle ongoing litigation and redirect the talent and resources to developing an effective representation program for all vulnerable individuals; and make the BIA an effective appellate court that insures due process, fairness, uniformity and protection for all who come before our Immigration Courts.
Children are the future of our world. History deals harshly with societies that mistreat and fail to protect children and other vulnerable individuals. Sadly, our great country is betraying its values in its rush to “stem the tide.” It is time to demand an immigrant justice system that lives up to its vision of “guaranteeing due process and fairness for all.” Anything less is a continuing disgrace that will haunt us forever.
The children and families riding the elevator with me are willing to put their hopes and trust in the belief that they will be treated with justice, fairness, and decency by our country. The sole mission and promise of our Immigration Courts is due process for these vulnerable individuals. We are not delivering on that promise.
The author is a recently retired U.S. Immigration Judge who served at the U.S. Immigration Court in Arlington Virginia, and previously was Chairman and Member of the Board of Immigration Appeals. He also has served as Deputy General Counsel and Acting General Counsel of the former Immigration and Naturalization Service, a partner at two major law firms, and an adjunct professor at two law schools. His career in the field of immigration and refugee law spans 43 years. He has been a member of the Senior Executive Service in Administrations of both parties.
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Tragically, as a nation, we have learned nothing over the past more than three years. Things have actually gotten much, much worse as we have unwisely and unconscionably entrusted the administration of our laws to a cruel, corrupt, scofflaw regime that sees inflicting pain, suffering, and even death on children and other vulnerable seekers of justice as an “end in an of itself.” They actually brag about their dishonesty, racism, selfishness, contempt for human decency, and “crimes against humanity.”
So far, they have gotten away nearly “Scot-free” with not only bullying and picking on vulnerable children and refugee families but with diminishing the humanity of each of us who put up with the horrors of an authoritarian neo-fascist state.
History will, however, remember who stood up for humanity in this dark hour and who instead sided with and enabled the forces of evil, willful ignorance, and darkness overtaking our wounded democracy.
Due Process Forever; Child Abuse & Gratuitous Cruelty, Never.
In June 1939, about 900 Jewish refugees sailed close to Florida on the St. Louis in hopes of finding protection in the United States. U.S. authorities refused to let the ship dock. Desperate passengers sent cables to President Franklin D. Roosevelt, who never responded.
A State Department telegram stated that the passengers must “await their turns on the waiting list and qualify for and obtain immigration visas before they may be admissible in the United States.” Nearly all the passengers had already been refused admission to Cuba. Canada rejected them too. They had no choice but to return to Europe, where 254 of the passengers were eventually killed in the Holocaust.
Eighty years later, a modern version of this tragedy takes place daily at our southern border. This time, most of these people are fleeing rape, assault and death from the northern triangle of Central America — Honduras, El Salvador and Guatemala — as well as political oppression in Cuba, Venezuela and elsewhere. They are fleeing to save their lives and their children’s lives. They hope to find safety in the United States. When they get to America, U.S. authorities turn them around.
I spent a week recently in Juárez, Mexico, with four of my law students. We visited shelters across the city and its outskirts to provide pro bono legal services to some of the estimated 20,000 migrants there who are trying to apply for asylum in the U.S.
We met political dissidents from Cuba who had been jailed and beaten for refusing to join party meetings, mothers from Central America who had survived excruciating years of domestic violence and fled to save their children’s lives, and fathers with the courage to resist the ever-increasing violence of gangs in their communities. Nearly all genuinely feared being harmed and killed in their home countries.
Why are they in Juárez? A slew of policy changes enacted over the last year by the Trump administration has made it nearly impossible for asylum seekers to enter the United States through the southern border. Among them is the Migrant Protection Protocols program, which requires asylum seekers who try to enter the United States through the southern border to remain in Mexico while their asylum cases are processed in U.S. immigration courts. Since last January, when the new protocols were put in place, more than 60,000 asylum seekers have been stranded in Mexico.
The new rules make it nearly impossible for asylum seekers to find lawyers who can represent them in immigration court. Hardly any lawyers are willing to cross into Juárez to represent asylum seekers. Given the complexity of immigration law and language and cultural barriers, the process of seeking asylum when someone is in the United States is hard enough. Requiring asylum seekers to remain in Mexico makes navigating the process virtually impossible. Ninety-six percent of individuals stranded in Mexico do not have a lawyer to help them apply for asylum.
Of the 29,309 cases that had been completed under MPP as of December, just 187 people had been granted asylum — a reflection of the almost insurmountable barriers imposed by the new protocols. U.S. law requires asylum seekers to be given “credible fear” interviews to allow them into the U.S. while they go through the asylum process; MPP has eliminated that step.
While asylum seekers, including thousands of children and women, wait in Mexico they have become targets for vicious crimes by local and transnational gangs and cartels. According to a recent report from Human Rights First, there have been at least 816 publicly reported cases of murder, rape, torture, kidnapping and other violent assaults, including 201 cases of children being kidnapped or nearly kidnapped. These numbers almost certainly understate the violence since many victims don’t report crimes committed against them for fear of reprisal.
When U.S. officials rejected the St. Louis, the horrors that would befall the passengers were foreseeable. Congress and the U.S. State Department eventually apologized for refusing to let in the refugees on board — but it was 70 years too late.
One year after the inception of MPP, we clearly see the dangers befalling asylum seekers forced to remain in Mexico. U.S. government officials know that these regions of the border are extremely dangerous. The U.S. State Department’s travel advisories warn U.S. citizens not to travel to some of the same Mexican border towns where American authorities send asylum seekers. These areas are designated as level 4 risks — the same danger assessment as for Afghanistan, Iraq and Syria.
The Trump policy is not only inhumane and dangerous, it is also illegal. Under U.S. immigration law, asylum seekers are not to be turned away at the border when they have credible fears of persecution. As the union representing DHS asylum officers explained, “MPP abandons our tradition of providing a safe haven to the persecuted and violates our international and domestic legal obligations.”
We can’t turn a blind eye to the daily tragedies inflicted by Migrant Protection Protocols. The Asylum Seeker Protection Act, which would prohibit the use of federal funds to carry out MPP, has been pending in Congress for months. It’s time to uphold our nation’s core commitment to protecting those seeking safety in this country.
Elora Mukherjee is the Jerome L. Greene Clinical Professor of Law at Columbia Law School and director of its immigrants’ rights clinic.
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Professor Leah Litman Assistant Professor of Law University of Michigan Law
Last Tuesday, in explaining her vote to acquit Donald Trump of abuse of power and obstruction of Congress, Sen. Susan Collins suggested that the president had learned a “pretty big lesson” simply from being impeached and that he would be “much more cautious” about engaging in similar behavior again. By Friday, Trump had issued a series of firingsof public officials who had testified against the president during the impeachment inquiry, demonstrating his takeaway from impeachment: He can use the powers of his office to do whatever he wants. Having gotten away with abuses of power again and again, Trump is now unleashed to continue to corruptly use the powers of his office without consequence. He has already begun to show what that will look like over the remainder of his presidency.
In legal escapades outside of the realm of impeachment, for instance, Trump and his administration have internalized the lesson that if no one will stop you, there’s no reason to stop. Less than two years ago, the Supreme Court upheld the third iteration of the president’s ban on entry by nationals of several Muslim-majority countries (the “travel ban”). By upholding the ban, the court made clear that it would not stop the president from incorporating his bigotry into official immigration policy. Since then, the president has dramatically expanded the scope of the travel ban to other countries with substantial Muslim populations and has enacted several other immigration restrictions that disproportionately disadvantage nonwhite immigrants. After receiving a pass on xenophobia, the president has continued to do it again and again. Last week, he expanded the entry ban to cover five additional countries (Nigeria, Kyrgyzstan, Sudan, Eritrea, and Myanmar) with substantial Muslim populations. In one of those countries (Myanmar), a group of Muslims (the Rohingya) are fleeing religious persecution and genocide. The president had previously said, according to the New York Times, that Nigerians should “go back to their huts.”
With respect to impeachment, several senators came close to admitting that their impeachment votes signify that they are unwilling to stop the president from abusing his office. Sen. Lamar Alexander of Tennessee explained his vote against calling witnesses in almost exactly those terms. The senator claimed that there was no point in hearing from additional witnesses because he had already concluded that the president engaged in the conduct he was accused of. (The House has maintained that the president corruptly threatened to withhold financial assistance to Ukraine to get Ukraine to announce an investigation into former Vice President Joe Biden.) The senator explained that, in his final analysis, the president’s conduct mattered less than the Senate’s ability to continue to confirm more conservative judges and the risk that a Democrat would win the presidency.
That reasoning obviously invites the president to do the same thing—or worse—again and he wasted no time in retaliating against impeachment witnesses Lt. Col. Alex Vindman and Ambassador to the European Union Gordon Sondland. If Republicans senators and their constituents value conservative judges and tax breaks for the wealthy more than holding a president accountable for wrongdoing, then the president will just keep doing wrong.
Again, it is not just the Senate that has failed to curb the president’s worst impulses and told the president that he can get away with even more than he’s already done. As a candidate, Trump had promised to ban Muslims from entering the United States. After his election, the president immediately suspended entry from several Muslim-majority countries without so much as informing, much less consulting, any relevant agencies. And his advisers admitted that the travel ban was an effort to make a Muslim ban that looked (somewhat) more legal. The Supreme Court ultimately blessed that effort in 2018 under a 5–4 vote that split along ideological lines.
The five conservative justices, much like the Republican senators, said they didn’t care. In fact, the justices, like the Republican senators, acknowledged that the entry ban may very well have been motivated by anti-Muslim animus. But they claimed that, in light of the president’s expansive powers over immigration, the court would uphold the entry ban so long as someone could think that the ban had a valid purpose (such as protecting national security) even if the ban actually had an illegitimate one (such as targeting Muslims). And, the court continued, a person could think the president’s entry ban had a valid purpose because the ban did not apply to all of the world’s Muslims, among other reasons.
Again, it does not take a genius to see how that decision signals that the court is unwilling to stop the president from making policy based on bigoted, thinly veiled Islamophobia or racism. The president received the message and has run with it. His expanded travel ban clearly targets countries based on race and religion. The odds of this Supreme Court reversing course and stopping him this time is virtually nil.
Indeed, the administration apparently felt so emboldened by the court’s earlier ruling that its expanded entry ban largely abandoned the original pretense of the rationale for the earlier entry ban. Previously, the administration stated it was responding to information sharing deficiencies in some countries. The administration now suggests it is trying to restrict immigration: Officials stated they are suspending entry from Nigeria because some Nigerians overstay their visas.
The administration has created other immigration restrictions that likewise disadvantage nonwhite immigrants. They have refused to process asylum applications from Central American migrants who did not apply for asylum in other countries they passed through on their way to the United States. They have tried to prohibit asylum applications from people who enter the United States outside of ports of entry. And they have authorized immigration officials to refuse to admit immigrants who might ever use public benefits (even temporarily). The Supreme Court approved this last effort just two weeks ago, again through a 5–4 decision split along ideological lines.
With the Senate’s blessing, the president will continue to corruptly abuse the powers of his office to undermine elections and our rule of law—and, as demonstrated by the Friday Night Massacre, he will do so in even more aggressive and ostentatious ways. With the court’s blessing, the president will expand his racist, xenophobic, and anti-Muslim immigration practices with little limit to what he may try to enact.
Neither the Senate nor the Supreme Court has been willing to stand up to the president for abusing the powers of his office for personal benefit or to stoke bigotry for partisan ends. By failing to do so, they have encouraged Trump to abuse his powers even more. It is unclear what, if anything, can stop him now.
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Alison Leal Parker Managing Director, U.S. Program Human Rights Watch
Alison Parker is the managing director of the U.S. Program at Human Rights Watch.
Asylum seekers in the United States face dangerous, even deadly, consequences when their claims are not taken seriously.
Those at risk are people like Santos Amaya, a Salvadoran police officer who had received death threats from gang members. He was deported from the United States in April 2018 and was shot dead, allegedly by gangs, that same month. People like a young Salvadoran woman who fled domestic violence and rape and was deported to El Salvador in July 2018. She now lives in fear, hiding from her abusers.
These lives hang in the balance while the Trump administration attacks every legal means of protecting them in the United States.
On Feb. 5, Human Rights Watch released a report that identified 138 cases of Salvadorans who had been killed since 2013 after being deported from the United States; more than 70 others were beaten, sexually assaulted, extorted or tortured. These numbers are shocking but certainly an undercount, because no government or entity tracks what happens to deportees.
The Trump administration has put pressure on immigration judges to use overly narrow readings of the definition of a refugee. This approach may result in judges denying asylum to people like Amaya and the young Salvadoran woman — survivors of domestic violence, people who fear violence at the hands of gangs, or people who fear being targeted based on their family relationships. The administration has further proposed several new obstacles to gain asylum, including barring people convicted of illegal reentry into the United States, an offense often committed by people desperate to seek safety.
The Trump administration has tried to destroy the U.S. asylum process in other ways — among them by forcing people to remain in dangerous and inhumane conditionsin Mexican border towns while their claims are processed under its Migrant Protection Protocols. A Syracuse University analysis of government data revealed that as of December, 7,668 Salvadorans have been forced to wait in Mexico for their asylum claims to be processed. We have documented cases, included in a tallymaintained by Human Rights First, of Salvadorans who have been kidnapped and attacked while waiting.
The United States is also returning asylum seekers to Guatemala, after pressing its government to sign an “asylum cooperation agreement,” despite the fact that many Guatemalans are fleeing for the same reasons as their Salvadoran neighbors.
Salvadorans in the United States are at risk for reasons other than the Trump administration’s attempt to eviscerate the right to seek asylum. More than 220,000Salvadorans are affected by the administration’s decision to end temporary protected status and Deferred Action for Childhood Arrivals (DACA) protections. The administration also decided to end work authorization for Salvadorans with TPS, which allowed many Salvadorans to come to the United States in 2001 after a series of natural disasters.
These policies cover people who have worked, raised families, educated themselves and built their lives in the United States. This alone should be reason to value their relationship to the United States and regularize their legal status. But the killings and abuse that many Salvadorans will face if they are returned makes the need for Congress to enact legislation to protect recipients of these programs even more acute.
Former long-term residents of the United States face unique risks. Salvadorans who have lived in the United States are often extorted by gangs, as two cases we investigated in detail illustrate. In each, the person’s long-term residence meant that they were seen as having more wealth than most Salvadorans. They were repeatedly extorted by gangs and ultimately killed for their refusal to pay bribes.
But the Trump administration is not solely at fault here. Existing law, passed long before President Trump took office, has largely barred people with criminal convictions from seeking asylum, even when they face harm. They include a young man whose case we investigated, who at age 17, in 2010, fled gang recruitment and violence for the United States. After serving a sentence for two counts related to burglaries in the United States, he was denied protection, deported in 2017 and killed about three months later.
There is a simple way to prevent the murders and abuse we spent the past year and a half investigating: Give all noncitizens a full and fair opportunity to explain what abuses they fear before deporting them. As Sen. Robert Menendez (D-N.J.) said in a statement after we released our report, the United States must stop “knowingly signing a death sentence by forcibly returning vulnerable people to the very place they fled.”
The right to a fair hearing on claims for protection should apply to everyone — including the more than 59,000 people waiting in dangerous and inhumane conditions in Mexican border towns, people who had been living under the TPS or DACA programs, or those who have paid their debt to society after serving criminal sentences.
Now U.S. authorities are on notice about what is likely to happen when they deport Salvadorans without adequately considering their cases. This shameful and illegal practice should stop.
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Unfortunately, Eleora,Leah, & Alison, the MPP (better known as “Let ‘Em Die in Mexico”) is just the tip of the Trump/Miller neo-fascist iceberg here. As “fixed against them” as the Immigration Court hearing process for asylum seekers has now become at the Southern Border, with complicit Article IIIs looking the other way (so far), the regime as now come up with far more reliably deadly and “cost effective” alternatives.
Indeed, I’d argue that death, torture, rape, extortion, and exploitation of refugees from the Northern Triangle has always been a main objective of the Trump regime’s White Nationalist, anti-asylum policies, just like inflicting punishment through child separation and thereby achieving “deterrence” was the real objective of the “zero tolerance policy.”
Obviously, folks in charge lied about it to the press, the Congress, and to the U.S. courts. And, to date, they have gotten away with it. But, oppressors, particularly arrogant and self-righteous ones, usually leave “paper trails.” Despite shredding machines and “lost” databases, I imagine that the truth about Miller, Bannon, Sessions, Barr, Cuccinelli, and others will eventually come out when historians finally get their hands on the “Trump regime papers.” I’ll be long gone by then. But, I can virtually guarantee that the whole truth will be much, much worse than we can even imagine at this point.
It isn’t that the regime and even the Article III Federal Courtsdon’t know what happens or is likely to happen to those “orbited” to the Northern Triangle. It’s just that the don’t care. As I constantly point out, this is all about dehumanizationand “Dred Scottification“ of “the other.”If we dehumanize them, its easier to ignore what we’re doing to them. How else could anybody justify the absolute unconstitutional farce and mockery of fundamental fairness and the rule of law that unfolds in our Immigration “Courts,” run by an openly enforcement-driven DOJ every day, right in plain view. The evidence has always been “out there.” “Extermination as deterrence” has become part of our national policy right here in the 21st Century.
Matthew 25:44-46 English Standard Version (ESV):
44 Then they also will answer, saying, ‘Lord, when did we see you hungry or thirsty or a stranger or naked or sick or in prison, and did not minister to you?’ 45 Then he will answer them, saying, ‘Truly, I say to you, as you did not do it to one of the least of these, you did not do it to me.’ 46 And these will go away into eternal punishment, but the righteous into eternal life.”
A federal judge has ruled that President Donald Trump’s administration, which often boasts about defending religious liberty, has violated the religious rights of a group of volunteers at the U.S.-Mexico border.
The Trump administration has spent years cracking down on the work of No More Deaths/No Más Muertes, a Unitarian Universalist ministry in Arizona that provides water and food to migrants crossing a treacherous stretch of desert along the border where dozens have died. Various members of No More Deaths have faced fines and even jail for what they consider to be faith-based, life-saving humanitarian aid.
But for the second time in months, a judge has ruled that the government shouldn’t be punishing these volunteers for putting their faith into practice.
U.S. District Judge Rosemary Márquez ruled Monday that four volunteers who left water and food for migrants at the Cabeza Prieta National Wildlife Refuge were acting according to their “sincerely held religious beliefs.” As a result, the government substantially burdened the volunteers’ religious liberty by prosecuting them for this work, Marquez said.
“Given Defendants’ professed beliefs, the concentration of human remains on the [refuge], and the risk of death in that area, it follows that providing aid on the [refuge] was necessary for Defendants to meaningfully exercise their beliefs,” the judge wrote.
Márquez’s ruling reversed the decision of a lower court, where another judge dismissed the volunteers’ religious liberty claims and sentenced them to probation and fines last March.
COURTESY NO MORE DEATHS
A federal judge has ruled that four volunteers who left water and food for migrants at the Cabeza Prieta National Wildlife Refuge were acting according to their “sincerely held religious beliefs.” From left, they are Natalie Hoffman, Madeline Huse, Zaachila Orozco-McCormick, and Oona Holcomb.
The case against the four volunteers ― Natalie Hoffman, Oona Holcomb, Madeline Huse and Zaachila Orozco-McCormick ― goes back to December 2017, a year when 32 sets of human remains were recovered from the Cabeza Prieta National Wildlife Refuge. The volunteers were charged with misdemeanors for entering the wildlife refuge without proper permits and leaving behind jugs of water and cans of beans, which the government called abandonment of property.
The volunteers’ defense hinged on the Religious Freedom Restoration Act of 1993 (RFRA). The law states that if a defendant can prove that the government is substantially burdening her “sincerely held religious beliefs,” then the government has to show that it’s using the “least restrictive” path to achieving its goals.
This ruling shows that religious freedom is not just for the Christian right, as the Trump administration would have us believe.Parker Deighan, spokesperson for No More Deaths
RFRA initially had broad bipartisan support. But more recently, the religious right has been using RFRA as a way to secure exemptions for conservative beliefs about abortion and LGBTQ rights. The evangelical Christian owners of the Hobby Lobby craft stores famously used RFRA to avoid paying for insurance coverage for contraception.
Under Trump, the Department of Justice has urged a narrow reading of RFRA claims made by people of faith who do not share the administration’s policy goals, according to Katherine Franke, faculty director of Columbia University’s Law, Rights, and Religion Project.
“The Trump Department of Justice has taken a biased approach to defending and enforcing religious liberty rights under RFRA, robustly protecting the rights of conservative Evangelical Christians while prosecuting people whose faith moves them to oppose the government’s policies,” Franke told HuffPost in an email.
Michael Bailey, the Trump-nominated U.S. attorney for Arizona, said his team has no issue with Márquez’s finding that strong religious beliefs motivated the defendants’ acts.
“We highly value religious freedom without regard to where on the spectrum one’s beliefs might fall,” Bailey told HuffPost in a statement.
JOHN MOORE VIA GETTY IMAGES
A volunteer for the humanitarian aid organization No More Deaths delivers water along a trail used by undocumented immigrants in the desert on May 10, 2019 near Ajo, Arizona.
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No More Deaths is a Unitarian Universalist ministry. But all four volunteers are technically religiously unaffiliated, which means they are part of a growing group of Americans who decline to identify with any specific religious tradition.
During testimonies, the four described feeling a spiritual calling to volunteer, inspired by beliefs about the sanctity of human life. They also spoke about taking moments of silence in the refuge to reflect on the suffering of those crossing the desert.
Holcomb said that she had constructed a “personal altar” at her home that included a ring of water bottles she picked up in the desert.
“There is … for me, I will say, like a deep spiritual need and a calling to do work based on what I believe in the world,” Holcomb testified, according to the judge’s opinion.
In its response to the volunteers’ appeal, the government argued that their beliefs were not truly religious because they didn’t explain how they fit into a “particular system of religious or spiritual beliefs.” The government also asserted that the volunteers were “draping religious garb” over “secular philosophical concerns.”
In her opinion, Márquez said that the volunteers’ RFRA claims can’t be dismissed just because they described their beliefs in broad terms and don’t belong to an established religion. She pointed out that religious and political motivations overlapped in the Hobby Lobby case. ThatSupreme Court verdict has shown that government faces an “exceptionally demanding” obligation to be minimally restrictive while imposing on a person’s religious exercise, Márquez said.
Ultimately, the government had failed to demonstrate that prosecuting the volunteers was the least restrictive means of achieving a compelling governmental interest, the judge said.
JOHN MOORE VIA GETTY IMAGES
Scott Warren, a volunteer for the humanitarian aid organization No More Deaths, walks into Organ Pipe Cactus National Monument to deliver food and water along remote desert trails used by undocumented immigrants on May 10, 2019, near Ajo, Arizona.
Márquez’s decision comes months after another No More Deaths volunteer, Scott Warren, was acquitted of a federal misdemeanor charge for leaving water jugs in the Cabeza Prieta National Wildlife Refuge for migrants. The judge in that case also acknowledged that Warren’s action was protected by his right to religious freedom. That was one of the first times progressive religious beliefs related to immigration have been protected in this way, the Law, Rights, and Religion Project told HuffPost in November.
Franke said there are other cases where progressive people of faith are making religious exemption claims. The Rev. Kaji Douša, a New York pastor and immigrant rights activist, claims the federal government violated her religious freedom when she was detained and placed on a watch list for ministering to asylum seekers at the U.S.-Mexico border. The government has “trivialized” Douša’s RFRA claims and urged the court to dismiss them, Franke said.
In Philadelphia, the DOJ is trying to prevent a faith-based overdose prevention organization from opening a safe injection site, arguing that its “true motivation is socio-political or philosophical — not religious — and thus not protected by RFRA.”
Franke said that when Congress passed RFRA in 1993, the statute was meant to protect the religious liberty of people across a wide spectrum of beliefs, “not just some, and certainly not only those who hold religious beliefs that were shared with the current federal administration.”
Parker Deighan, a spokesperson for No More Deaths, told HuffPost that Márquez’s ruling on Monday reaffirms that “providing humanitarian aid is never a crime.”
“This ruling shows that religious freedom is not just for the Christian right, as the Trump administration would have us believe,” she said. “We hope that that Judge Marquez’s ruling signifies a shift towards religious freedom exemptions being used to protect the work of people and organizations fighting on the side of justice, such as migrant solidarity organizations and indigenous peoples fighting for protection of their sacred lands and traditions, rather than protection for discrimination and bigotry.”
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So, here’s the deal.
The Trump (the least religious and most immoral President in U.S. History) regime uses a bogus “religious protection” rationale to cloak far-right programs of hate, intolerance, dehumanization, marginalization, and cruelty directed at people of color, the LGBTQ community, migrants, refugees, women, children, Muslims, Jews, and other vulnerable groups. According to the regime, “religious freedom” is limited to the “extremist religious right.”
Then, the regime attempts to misuse “the law” to punish those who actually “show Christ-like love in word and in deed.” To her credit, U.S. District Judge Rosemary Márquez “just said no” to this disingenuous nonsense.
The only way to stop the intellectual dishonesty, mockery of religious humanitarian principles, and misuse of our laws is to oust Trump and his enablers from office at every level. Otherwise, we can expect the persecution and cruelty to continue.
And don’t be surprised if the “J.R. Five” on the Supremes find a way to manipulate the system to enable the persecution of others to continue and grow worse. It’s what complicit “judges” do in the face of tyrants.
While the regime is using your tax dollars to pervert the law to persecute humanitarian workers, they are simultaneously violating our Constitution, our statutes, and our international obligations, with the connivence of the Supremes and Federal Appeals Courts who choose to look the other way rather than standing up for individuals’ rights against authoritarian overreach.
It’s time to stand up for our Constitutional rights, human rights, and human decency. Throw the corrupt and immoral GOP and their collaborators out of office at the next election, and bring in Government officials, legislators, and life-tenured judges who are willing and able to stand up for their oaths of office!
Stop Deporting Salvadorans Who Would Face Risks to Their Safety, Lives
The US government has deported people to face abuse and even death in El Salvador. The US is not solely responsible—Salvadoran gangs who prey on deportees and Salvadoran authorities who harm deportees or who do little or nothing to protect them bear direct responsibility—but in many cases the US is putting Salvadorans in harm’s way in circumstances where it knows or should know that harm is likely.
Of the estimated 1.2 million Salvadorans living in the United States who are not US citizens, just under one-quarter are lawful permanent residents, with the remaining three-quarters lacking papers or holding a temporary or precarious legal status. While Salvadorans have asylum recognition rates as high as 75 percent in other Central American nations, and 36.5 percent in Mexico, the US recognized just 18.2 percent of Salvadorans as qualifying for asylum from 2014 to 2018. Between 2014-2018, the US and Mexico have deported about 213,000 Salvadorans (102,000 from Mexico and 111,000 from the United States).
No government, UN agency, or nongovernmental organization has systematically monitored what happens to deported persons once back in El Salvador. This report begins to fill that gap. It shows that, as asylum and immigration policies tighten in the United States and dire security problems continue in El Salvador, the US is repeatedly violating its obligations to protect Salvadorans from return to serious risk of harm.
Some deportees are killed following their return to El Salvador. In researching this report, we identified or investigated 138 cases of Salvadorans killed since 2013 after deportation from the US. We found these cases by combing through press accounts and court files, and by interviewing surviving family members, community members, and officials. There is no official tally, however, and our research suggests that the number of those killed is likely greater.
Though much harder to identify because they are almost never reported by the press or to authorities, we also identified or investigated over 70 instances in which deportees were subjected to sexual violence, torture, and other harm, usually at the hands of gangs, or who went missing following their return.
In many of these more than 200 cases, we found a clear link between the killing or harm to the deportee upon return and the reasons they had fled El Salvador in the first place. In other cases, we lacked sufficient evidence to establish such a link. Even the latter cases, however, show the risks to which Salvadorans can be exposed upon return and the importance of US authorities giving them a meaningful opportunity to explain why they need protection before they are deported.
The following three cases illustrate the range of harms:
In 2010, when he was 17, Javier B. fled gang recruitment and his particularly violent neighborhood for the United States, where his mother, Jennifer B., had already fled. Javier was denied asylum and was deported in approximately March 2017, when he was 23 years old. Jennifer said Javier was killed four months later while living with his grandmother: “That’s actually where they [the gang, MS-13 (or Mara Salvatrucha-13)] killed him.… It’s terrible. They got him from the house at 11:00 a.m. They saw his tattoos. I knew they’d kill him for his tattoos. That is exactly what happened.… The problem was with [the gang] MS [-13], not with the police.” (According to Human Rights Watch’s research, having tattoos may be a source of concern, even if the tattoo is not gang-related).
In 2013, cousins Walter T. and Gaspar T. also fled gang recruitment when they were 16 and 17 years old, respectively. They were denied asylum and deported by the United States to El Salvador in 2019. Gaspar explained that in April or May 2019 when he and Walter were sleeping at their respective homes in El Salvador, a police patrol arrived “and took me and Walter and three others from our homes, without a warrant and without a reason. They began beating us until we arrived at the police barracks. There, they held us for three days, claiming we’d be charged with illicit association (agrupaciones ilícitas). We were beaten [repeatedly] during those three days.”
In 2014, when she was 20, Angelina N. fled abuse at the hands of Jaime M., the father of her 4-year-old daughter, and of Mateo O., a male gang member who harassed her repeatedly. US authorities apprehended her at the border trying to enter the US and deported her that same year. Once back in El Salvador, she was at home in October 2014, when Mateo resumed pursuing and threatening her. Angelina recounted: “[He] came inside and forced me to have sex with him for the first time. He took out his gun.… I was so scared that I obeyed … when he left, I started crying. I didn’t say anything at the time or even file a complaint to the police. I thought it would be worse if I did because I thought someone from the police would likely tell [Mateo].… He told me he was going to kill my father and my daughter if I reported the [original and three subsequent] rapes, because I was ‘his woman.’ [He] hit me and told me that he wanted me all to himself.”
As in these three cases, some people deported from the United States back to El Salvador face the same abusers, often in the same neighborhoods, they originally fled: gang members, police officers, state security forces, and perpetrators of domestic violence. Others worked in law enforcement in El Salvador and now fear persecution by gangs or corrupt officials.
Deportees also include former long-term US residents, who with their families are singled out as easy and lucrative targets for extortion or abuse. Former long-term residents of the US who are deported may also readily run afoul of the many unspoken rules Salvadorans must follow in their daily lives in order to avoid being harmed.
Nearly 900,000 Salvadorans living in the US without papers or only a temporary status together with the thousands leaving El Salvador each month to seek safety in the US are increasingly at risk of deportation. The threat of deportation is on the rise due to various Trump administration policy changes affecting US immigration enforcement inside its borders and beyond, changes that exacerbated the many hurdles that already existed for individuals seeking protection and relief from deportation.
Increasingly, the United States is pursuing policies that shift responsibility for immigration enforcement to countries like Mexico in an effort to avoid any obligation for the safety and well-being of migrants and protection of asylum-seekers. As ever-more restrictive asylum and immigration policies take hold in the US, this situation—for Salvadorans, and for others—will only worsen. Throughout, US authorities are turning a blind eye to the abuse Salvadorans face upon return.
Some people from El Salvador living in the United States have had a temporary legal status known as “Temporary Protected Status” or “TPS,” which has allowed those present in the United States since February 2001 (around 195,000 people) to build their lives in the country with limited fear of deportation. Similarly, in 2012, the Obama administration provided some 26,000 Salvadorans with “Deferred Action for Childhood Arrivals” or “DACA” status, which afforded some who had arrived as children with a temporary legal status. The Trump administration had decided to end TPS in January 2020, but to comply with a court order extended work authorization to January 2021. It remains committed to ending DACA.
While challenges to both policies wend their way through the courts, people live in a precarious situation in which deportation may occur as soon as those court cases are resolved (at the time of writing the DACA issue was before the US Supreme Court; and the TPS work authorization extension to January 2021 could collapse if a federal appellate court decides to reverse an injunction on the earlier attempt to terminate TPS).
Salvadoran asylum seekers are also increasingly at risk of deportation and return. The Trump administration has pursued a series of policy initiatives aimed at making it harder for people fleeing their countries to seek asylum in the United States by separating children from their parents, limiting the number of people processed daily at official border crossings, prolonging administrative detention, imposing fees on the right to seek asylum, extending from 180 days to one year the bar on work authorization after filing an asylum claim, barring asylum for those who transited another country before entering the United States, requiring asylum seekers to await their hearings in Mexico, where many face dangers, and attempting to narrow asylum.
These changes aggravated pre-existing flaws in US implementation of its protection responsibilities and came as significant numbers of people sought protection outside of El Salvador. In the decade from 2009 to 2019, according to government data, Mexican and United States officials made at least 732,000 migration-related apprehensions of Salvadoran migrants crossing their territory (175,000 were made by Mexican authorities and just over 557,000 by US authorities).
According to the United Nations’ refugee agency, the number of Salvadorans expressing fear of being seriously harmed if returned to El Salvador has skyrocketed. Between 2012 and 2017, the number of Salvadoran annual asylum applicants in the US grew by nearly 1,000 percent, from about 5,600 to over 60,000. By 2018, Salvadorans had the largest number (101,000) of any nationality of pending asylum applications in the United States. At the same time, approximately 129,500 more Salvadorans had pending asylum applications in numerous other countries throughout the world. People are fleeing El Salvador in large numbers due to the violence and serious human rights abuses they face at home, including one of the highest murder rates in the world and very high rates of sexual violence and disappearance.
Despite clear prohibitions in international law on returning people to risk of persecution or torture, Salvadorans often cannot avoid deportation from the US. Unauthorized immigrants, those with temporary status, and asylum seekers all face long odds. They are subjected to deportation in a system that is harsh and punitive—plagued with court backlogs, lack of access to effective legal advice and assistance, prolonged and inhumane detention, and increasingly restrictive legal definitions of who merits protection. The US has enlisted Mexico—which has a protection system that its own human rights commission has called “broken”—to stop asylum seekers before they reach the US and host thousands returned to wait for their US proceedings to unfold. The result is that people who need protection may be returned to El Salvador and harmed, even killed.
Instead of deterring and deporting people, the US should focus on receiving those who cross its border with dignity and providing them a fair chance to explain why they need protection. Before deporting Salvadorans living in the United States, either with TPS or in some other immigration status, US authorities should take into account the extraordinary risks former long-term residents of the US may face if sent back to the country of their birth. The US should address due process failures in asylum adjudications and adopt a new legal and policy framework for protection that embraces the current global realities prompting people to flee their homes by providing “complementary protection” to anyone who faces real risk of serious harm.
As immediate and first steps, the United States government should adopt the following six recommendations to begin to address the problems identified in this report. Additional medium- and long-term legal and policy recommendations appear in the final section of this report.
The Trump administration should repeal the Migration Protection Protocols (MPP); the two Asylum Bans; and the Asylum Cooperation Agreements.
The Attorney General of the United States should reverse his decisions that restrict gender-based, gang-related, and family-based grounds for asylum.
Congress and the Executive Branch should ensure that US funding for Mexican migration enforcement activities does not erode the right to seek and receive asylum in Mexico.
Congress should immediately exercise its appropriation power by: 1) Refraining from providing additional funding to the Department of Homeland Security (DHS) for Immigration and Customs Enforcement (ICE) and US Customs and Border Protection (CBP) unless and until abusive policies and practices that separate families, employ unnecessary detention, violate due process rights, and violate the right to seek asylum are stopped; 2) Prohibiting the use of funds to implement the Migrant Protection Protocols, the “Asylum Bans,” or the Asylum Cooperation Agreements, or any subsequent revisions to those protocols and agreements that block access to the right to seek asylum in the United States.
Congress should exercise its oversight authority by requiring the Government Accountability Office and the Office of Inspector General to produce reports on the United States’ fulfilment of its asylum and protection responsibilities, including by collecting and releasing accurate data on the procedural experiences of asylum seekers (access to counsel, wait times, staff capacity to assess claims, humanitarian and protection resources available) and on harms experienced by people deported from the United States to their countries of origin.
Congress should enact, and the President should sign, legislation that would broadly protect individuals with Temporary Protected Status (including Salvadorans) and DACA recipients, such as the Dream and Promise Act of 2019, but without the overly broad restrictions based on juvenile conduct or information from flawed gang databases.
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History will neither forget nor forgive the many Article III Judges who have betrayed their oaths of office and abandoned humanity by allowing the Trump regime to run roughshod over our Constitution, the rule of law, and simple human decency.
Future generations must inject integrity, courage, and human decency into the process for appointing and confirming Article III Judges. Obviously, there is something essential missing in the legal scholarship, ethical training, and moral integrity of many of our current batch of shallow “go along to get along” jurists! Human lives matter!
Senate chaplain Barry Black began Wednesday’s session of President Trump’s impeachment trial by praying for God to give senators “civility built upon integrity.”
It was too much to ask.
Just minutes into the session, as lead House impeachment manager Adam Schiff (D-Calif.) presented his opening argument for removing the president, Sen. Rand Paul (R-Ky.) displayed on his desk a hand-lettered message with big block letters pleading: “S.O.S.”
In case that was too subtle, he followed this later with another handwritten message pretending he was an abducted child:
“THESE R NOT MY PARENTS!”
“PLEASE HELP ME!”
Paul wrote “IRONY ALERT” on another scrap of paper, and scribbled there an ironic thought. Nearby, a torn piece of paper concealed a crossword puzzle, which Paul set about completing while Schiff spoke. Eventually, even this proved insufficient amusement, and Paul, though required to be at his desk, left the trial entirely for a long block of time.
No one expected senators truly to honor their oath to be impartial. But Paul and some of his Republican colleagues aren’t even pretending to treat the proceedings with dignity.
Minutes before the trial opened in earnest on Wednesday, Paul took Trump up on the president’s stated wish to watch the trial from the “front row.” Paul tweeted a photo of a gallery ticket and said, “Mr. President, would love to have you as my guest during this partisan charade.”
Trump retweeted the message. (Unlike during President Bill Clinton’s impeachment, gallery tickets make no mention of an impeachment trial.)
Some of Paul’s Republican Senate colleagues were only slightly better behaved as the House managers presented the evidence.
Opinion | Trump’s impeachment defense could create a dangerous precedent
President Trump doesn’t have to commit a crime to be impeached, says constitutional law professor Jonathan Turley. (Joy Sharon Yi, Kate Woodsome, Jonathan Turley/The Washington Post)
Marsha Blackburn (Tenn.) and Joni Ernst (Iowa) read press clippings. (Blackburn had talking points on her desk attacking the whistleblower.) Sessions begin with an admonition that “all persons are commanded to keep silence, on pain of imprisonment,” but Ernst promptly struck up a conversation with Dan Sullivan (Alaska), who talked with Ron Johnson (Wis.). Steve Daines (Mont.) walked over to have a word with Ben Sasse (Neb.) and Tim Scott (S.C.), who flashed a thumbs-up.
Lindsey Graham (S.C.) variously shook his head in disagreement with the managers, picked his teeth and yawned. Tom Cotton (Ark.) ordered up a glass of milk, then another, then unwrapped a chocolate bar to share with Ernst. An aisle over, James Risch (Idaho), who fell asleep during Tuesday’s session, talked loudly enough to be heard in the press gallery.
“Mr. Chief Justice, I do see a lot of members moving and taking a break,” said House impeachment manager Jason Crow (D-Colo.), who was trying to speak. “Would you like to take a break?”
“I think we can continue,” replied Chief Justice John Roberts, who had been perusing printouts of emails.
In fairness, the proceedings were lengthy, and tedious. When Schiff, after two hours, uttered the phrase “now let me turn to the second article,” the press gallery erupted in groans. Democrats appeared restless, too; Sen. Bernie Sanders (I-Vt.) slouched low in his chair, head resting on chest, forehead in hand.
Some might have nodded off entirely but for Rives Miller Grogan, a conservative activist who burst into the chamber at 6 p.m. and screamed “Jesus Christ!” before police shoved him out. Grogan’s continued screaming — something about Senate Minority Leader Chuck Schumer (D-N.Y.) being the devil — could be heard in the chamber, where senators, jolted to alertness, shared a bipartisan chuckle.
Roberts only once rebuked the behavior in the chamber. As Tuesday’s session bled into the early hours of Wednesday, impeachment manager Jerrold Nadler (D-N.Y.) warned senators against making a “treacherous vote” for a “coverup.” White House counsel Pat Cipollone, a member of Trump’s defense team, said Nadler “should be embarrassed” and called on the Senate to “land this power trip.”
Roberts, admonishing both sides “to remember that they are addressing the world’s greatest deliberative body,” cited the lofty example of a 1905 impeachment trial when use of the word “pettifogging” — defined as the bickering over trivialities — was disallowed as too pejorative.
Now, the world’s greatest deliberative body has devolved into a palace of pettifoggery.
Nadler was in the penalty box. When a reporter asked a question of Nadler at a news conference Wednesday morning, Schiff interrupted: “I’m going to respond to the questions.” Later, on the floor, a contrite Nadler thanked senators for “your temperate listening and patience last night.”
Patience, however, was in short supply as Schiff and his team made their case. Ignoring the impeachment managers, and the silence requirement, Graham chatted with Sen. John Barrasso (Wyo.). Sen. John Boozman (Ark.) had a word with Sen. John Hoeven (N.D.), while Sen. David Perdue (Ga.) talked with Sen. Ted Cruz (Tex.). And on, and on.
Reading from Federalist 65, Schiff quoted Alexander Hamilton: “Where else than in the Senate could have been found a tribunal sufficiently dignified” to conduct an impeachment trial with “the necessary impartiality”?
Clearly, Hamilton couldn’t have imagined this Senate. S.O.S.!
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And, today, Milbank royally “nailed” the anti-democratic death spiral of American institutions that J.R. and his GOP colleagues have helped create.
John Roberts comes face to face with the mess he made
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In an image taken from video, Chief Justice John G. Roberts Jr. presides over the impeachment trial of President Trump on Thursday in the Senate chamber. (Senate TV via AP)
There is justice in John Roberts being forced to preside silently over the impeachment trial of President Trump, hour after hour, day after tedious day.
The chief justice of the United States, as presiding officer, doesn’t speak often, and when he does the words are usually scripted and perfunctory:
“The Senate will convene as a court of impeachment.”
“The chaplain will lead us in prayer.”
“The sergeant at arms will deliver the proclamation.”
Otherwise, he sits and watches. He rests his chin in his hand. He stares straight ahead. He sits back and interlocks his fingers. He plays with his pen. He takes his reading glasses off and puts them on again. He starts to write something, then puts his pen back down. He roots around in his briefcase for something — anything? — to occupy him.
Roberts’s captivity is entirely fitting: He is forced to witness, with his own eyes, the mess he and his colleagues on the Supreme Court have made of the U.S. political system. As representatives of all three branches of government attend this unhappy family reunion, the living consequences of the Roberts Court’s decisions, and their corrosive effect on democracy, are plain to see.
Ten years to the day before Trump’s impeachment trial began, the Supreme Court released its Citizens Uniteddecision, plunging the country into the era of super PACsand unlimited, unregulated, secret campaign money from billionaires and foreign interests. Citizens United, and the resulting rise of the super PAC, led directly to this impeachment. The two Rudy Giuliani associates engaged in key abuses — the ouster of the U.S. ambassador to Ukraine, the attempts to force Ukraine’s president to announce investigations into Trump’s political opponents — gained access to Trump by funneling money from a Ukrainian oligarch to the president’s super PAC.
Opinion | The chief justice presides over impeachment, but don’t expect a lot from him
Columnist Ruth Marcus explains what the chief justice may or may not do in President Trump’s Senate impeachment trial. (Video: Danielle Kunitz, Joy Sharon Yi, Kate Woodsome/Photo: Jabin Botsford/The Washington Post)
The consequences? Falling confidence in government, and a growing perception that Washington had become a “swamp” corrupted by political money, fueled Trump’s victory. The Republican Party, weakened by the new dominance of outside money, couldn’t stop Trump’s hostile takeover of the party or the takeover of the congressional GOP ranks by far-right candidates. The new dominance of ideologically extreme outside groups and donors led lawmakers on both sides to give their patrons what they wanted: conflict over collaboration and purity at the cost of paralysis. The various decisions also suppress the influence of poorer and non-white Americans and extend the electoral power of Republicans in disproportion to the popular vote.
Certainly, the Supreme Court didn’t create all these problems, but its rulings have worsened the pathologies — uncompromising views, mindless partisanship and vitriol — visible in this impeachment trial. And Senate Majority Leader Mitch McConnell (R-Ky.), no doubt recognizing that the Supreme Court’s conservative majority is helping to preserve his party’s Senate majority, has devoted much of his career to extending conservatives’ advantage in the judiciary.
He effectively stole a Supreme Court seat by refusing for nearly a year to consider President Barack Obama’s eminently qualified nominee, Merrick Garland, to fill a vacancy. And, expanding on earlier transgressions by Democrats, he blew up generations of Senate procedures and precedents requiring the body to operate by consensus so that he could confirm more Trump judicial appointees.
It’s a symbiotic relationship. On the day the impeachment trial opened, the Roberts Court rejected a plea by Democrats to expedite its consideration of the latest legal attempt by Republicans to kill Obamacare. The court sided with Republicans who opposed an immediate Supreme Court review because the GOP feared the ruling could hurt it if the decision came before the 2020 election.
Roberts had been warned about this sort of thing. The late Justice John Paul Stevens, in his Citizens Uniteddissent, wrote: “Americans may be forgiven if they do not feel the Court has advanced the cause of self-government today.”
Now, we are in a crisis of democratic legitimacy: A president who has plainly abused his office and broken the law, a legislature too paralyzed to do anything about it — and a chief justice coming face to face with the system he broke.
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Profiles in Fecklessness
By Paul Wickham Schmidt
Exclusive for Courtside
Jan. 24, 2020
“World’s Greatest Deliberative Body,” indeed! It’s the GOP Clown
Show with the complicit Chiefie presiding.
Milbank doesn’t even get to the absolute unconstitutional carnage and unending human misery the “Roberts Court” has created with its complicity in the Trump regime’s White Nationalist immigration agenda: a religiously-biased “Travel Ban” — fine with us; bogus invocation of “national emergencies” to illegally misappropriate money for a wall and otherwise dump on migrants’ rights — “no problema;” unconstitutional, unnecessary, and inhumane “civil” detention — no need to rush to judgment; illegal rewriting of asylum laws by Executive fiat — “right on;” disenfranchisement of African-American and Hispanic voters — not our problem; unwarranted shooting of an unarmed Mexican teenager by U.S. agent — tough luck, kid, your life is worthless to us; lawless and irrational termination of DACA — let’s let the kids twist in the wind for awhile; lies and pretexts for a racially motivated attempt to undercount people of color in the census — “tisk, tisk, naughty to lie to courts” (but, others among J.R.’s GOP judicial stooges where anxious to sweep the whole thing under the rug), disingenuous pleas by the Solicitor General to short-circuit the normal Federal Court litigation rules for the benefit of the regime — bring it on, and on an on.
Every day, the Trump regime conducts itself with disregard for the law and contempt for Federal Courts. The nation’s largest and, in many ways, most important Federal “court” system — the U.S. Immigration Court — isn’t a “court” at all, within any normal understanding of the word. Its structure and operation is blatantly unconstitutional — dissing the Due Process requirement for fair and impartial quasi-judicial adjudicators for “enforcement agents in robes” beholden to Chief Trump Toady Billy Barr, and, through him, to DHS Enforcement. J.R. and his “Complicit Five” are above it all.
The only human lives and rights for which the Supremes’ majority evinces any particular concern are the lives of the unborn and the rights of citizens to assault each other with high-power weapons. Only corporations appear to have rights worth protecting under J.R.’s skewed view of America. What’s wrong with this twisted and nonsensical picture of our once-proud legal system?
The only good news: America will have a chance (perhaps out last clear one) to vote at least some of the GOP clowns out of office in November!
Of course, J.R. and his GOP robed sell-outs are immune from accountability and far above the daily unfolding of the unconscionable legal, moral, and human disasters and tragedies they have countenanced and enabled. But, they are not immune from the judgment of history!
The Constitution requires the Chiefie to preside over the rest of the GOP Clown Show and “validate” the pre-announced violation of their oaths as openly biased jurors like Graham, McConnell, Paul, Cruz, and the other GOP Trump toadies have already flaunted in J.R.’s face.
Respect has to be earned. Unless and until the Chiefie starts enforcing the law, upholding Due Process in the face of Trump’s scofflaw behavior, and saving a few lives of the most vulnerable among us, J.R. will see a continued deterioration of his reputation and a harsh historical judgment of his complicity in the face of anti-American tyranny.
As MLK, Jr., once said: “Injustice anywhere is a threat to justice everywhere.” I’m sure that J.R., student of history that he is, has read that quote; but, tragically, it seems to have gone in one ear and out the other! You don’t have to look very far or be #1 in your class at Harvard Law to see the Constitutional mockery and grotesque injustices, not to mention rudeness and inhumanity, taking place in our Immigration Courts, at our borders, and in our overall immigration system every day!
Time to wake up, get involved, and end the Clown Show, Chiefie! That’s what life-tenure is supposed to be about! That’s what courageous and exemplary historical legacies are built upon!
Due Process Forever; Feckless & Complicit Courts, Never!
It’s hard to keep up with President Donald Trump’s scandals. One day he’s covering up taxpayer-funded travel expenses for his family. The next, he’s stealing money for his border wall. The next, he’s being implicated by an accomplice in the extortion of Ukraine. But one horror is right out in the open: Trump is a remorseless advocate of crimes against humanity. His latest threats against Iran, Iraq, and Syria are a reminder that he’s as ruthless as any foreign dictator. He’s just more constrained.
In Africa and the Middle East, Trump proudly advocates plunder. In October, he said the United States should have taken Iraq’s oil to make sure we were “paid back” for the costs of our occupation of that country. In Syria, he stationed U.S. forces at oil fields, explaining that he viewed those fields as a revenue stream. (“$45 million a month? Keep the oil.”) He proposed a business arrangement to exploit Syria’s oil: “What I intend to do, perhaps, is make a deal with an ExxonMobil or one of our great companies to go in there and do it properly.” Last Friday, in a Fox News interview, the president repeated that he cared only about the oil. “I left troops to take the oil,” he told Laura Ingraham. “The only troops I have are taking the oil.”
Two weeks ago, the United States killed Iranian Gen. Qassem Soleimani in a drone strike.
To deter retaliation, Trump threatened to bomb Iran’s cultural sites—an explicitwar crime. “If Iran strikes any Americans, or American assets,” he tweeted, “we have targeted 52 Iranian sites … some at a very high level & important to Iran & the Iranian culture, and those targets, and Iran itself, WILL BE HIT VERY FAST AND VERY HARD.” In an exchange with reporters, Trump dismissed legal objections to his threat. “They’re allowed to kill our people. They’re allowed to torture and maim our people,” he fumed. “And we’re not allowed to touch their cultural site? It doesn’t work that way.”
Iraq’s Parliament, furious that Trump had killed Soleimani on its soil and without its consent, voted to expel American troops. But Trump refused to comply unless Iraq paid ransom. “We have a very extraordinarily expensive air base that’s there,” he told reporters. “We’re not leaving unless they pay us back for it.” He threatened to “charge them [the Iraqis] sanctions like they’ve never seen before.” Later, Trump told Ingraham that Iraq would also “have to pay us for embassies.” When she asked him how he planned to extract the payment, Trump replied, “We have $35 billion of their money right now sitting in an account. And I think they’ll agree to pay. … Otherwise, we’ll stay there.”
Trump views the military as a mercenary force he can send around the world for hire. A Very Stable Genius, the new book by Philip Rucker and Carol Leonnig of the Washington Post, describes a White House meeting at which Trump said American troop deployments should yield a profit. Trump told Ingraham he’s doing exactly that: “We’re sending more [troops] to Saudi Arabia, and Saudi Arabia’s paying us for it.” He recounted his business pitch to the Saudis: “You want more troops? I’m going to send them to you, but you’ve got to pay us.” And he proudly reported that the Saudis had accepted the deal. “They’re paying us,” he told Ingraham. “They’ve already deposited $1 billion in the bank.”
Trump’s amorality—his complete indifference to rules against theft, abuse, exploitation, and killing—is a public relations problem for his apologists. They struggle to cover it up. First they softened his Muslim ban to a “travel ban” on certain majority-Muslim countries. Then they concocted non-sadistic rationales for his family-separation policy. Last week, after Trump threatened Iran’s cultural sites, Secretary of State Mike Pompeo assured the public that Trump would obey the law. Pompeo also whitewashed Trump’s threats against Iraq, insisting that American troops were in that country to protect its “sovereignty.” Mark Esper, the secretary of defense, claimed that when Trump spoke of Saudi Arabia paying for U.S. troop deployments, “What the president is referring to is burden sharing.”
But Trump refuses to be silenced. Hours after Pompeo promised that the president wouldn’t target Iran’s cultural sites, Trump repeated that he would. Later, Trump stiff-armed Ingraham’s attempts to clean up his language about stealing Syrian oil. “I left troops to take the oil,” he told her. She tried to correct him: “We’re not taking the oil. They’re protecting the facilities.” Trump shrugged off this reformulation. “Well, maybe we will, maybe we won’t,” he said. “Maybe we should take it. But we have the oil.”
Having an evil president doesn’t make the United States evil. We have a lot to be proud of: a culture of freedom, a strong constitution, vigorous courts, democratic accountability, and laws that protect minorities and human rights. On balance, we’ve been a force for good in the world. But Trump’s election and his persistent approval from more than 40 percent of Americans are a reminder that nothing in our national character protects us from becoming a rapacious, authoritarian country. What protects us are institutions that stop us from doing our worst.
Thanks to Magda Werkmeister and Daijing Xu for research assistance.
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I’d argue that far from being a strong bulwark against Trump’s authoritarian tyranny, our democratic institutions – Congress, Article III Courts, the bureaucracy, and even much of the media — are in a state of constant meltdown under his regime’s relentless attacks. We can see that graphically played out every day in the GOP’s largely fact free and totally dishonest defense of Trump’s running roughshod over both the Congress and our Constitution.
I can’t detect a sliver of desire on the part of the GOP and its enablers to hold Trump accountable for any misdeed — even soliciting foreign interference in our electoral process and then lying to cover it up. The facts really aren’t in dispute here. Whether the U.S. could survive another four years of Trump and remain a democratic republic is still, unfortunately, an open question.
We can hope for the best. But, without “regime change” in November 2020, the worst might still be ahead.
In the meantime, the Article III Courts should do their constitutional duty and stop “coddling” the regime’s various schemes and gimmicks to commit, encourage, and enable “crimes against humanity.” We certainly aren’t going to get any accountability or restraint on Trump’s misconduct and open contempt for American institutions from a Congress where the Senate is led by “Moscow Mitch” and his enablers.
It was a 25-year-old Martin Luther King Jr., whose birthday is celebrated on Monday, who stood in the pulpit of Detroit’s Second Baptist Church on Feb. 28, 1954. The Montgomery bus boycott, which would launch the future leader of the American civil rights movement to national prominence, was nearly two years away.
King roused the Second Baptist congregation that Sunday morning with a sermon that did not once mention race. Discrimination, segregation, protest demonstrations — these were not on his agenda. The young preacher went deeper, if such a thing was possible during an era of racial turmoil.
King got the congregation thinking about values, a subject as relevant today as it was in 1954.
King talked about lost values and the need for rediscovering them.
Something seemed fundamentally wrong in society, he preached. And it wasn’t because society didn’t know enough. Scientific progress was amazing. King said in 18th-century America, it took three days for a letter to go from New York City to Washington; in 1954, a person could go from Detroit to China in less time.
It’s even more astonishing today. Breakfast can be had in Washington, teatime enjoyed in London and a nightcap swallowed in New York City — all in the same day.
The trouble, he said, was not that we don’t know enough but that “we aren’t good enough.” Scientific genius, he said, has outpaced “our moral genius.” The greater danger facing the country in ’54, King noted, was not “the atomic bomb that was created by physical science” that could be dropped on the heads of thousands of people, but “that atomic bomb which lies in the hearts and souls of men, capable of exploding into the vilest of hate and into the most damaging selfishness.”
That thought calls to mind the more than three dozen countries in the world with unmanned, missile-armed drones capable of being launched from afar under remote control and striking and killing with precision. Think about what lies within the hearts and souls of leaders in countries such as North Korea, China, Iran, Russia, Turkey and, yes, the United States.
King called attention to shaky moral foundations and the “relativistic ethic” that was being applied to right and wrong. He described it as an ethic that says “since everybody is doing it, it must be right” — an ethic that means “people can’t stand up for their . . . convictions, because the majority of people might not be doing it.” He said it’s “a sort of numerical interpretation of what’s right.”
King’s teaching got me to thinking about the 53 Senate Republicans who know that some things are right and some things are wrong, but adjust their attitudes relative to the behavior of President Trump.
King said he was at Second Baptist to say that some things are right and wrong, eternally and absolutely. “It’s wrong to hate,” he declared. “It has always been wrong, and it always will be wrong. It’s wrong in America, it’s wrong in Germany, it’s wrong in Russia, it’s wrong in China. It was wrong in 2000 B.C., and it’s wrong in 1954 A.D. It always has been wrong, and it always will be wrong!”
That got me thinking about White House senior policy adviser Stephen Miller. How can a person who pushes white nationalism, invokes a 1924 American immigration law extolled by Adolf Hitler, is bigoted and racially intolerant — how can he end up in the White House?
Then I stopped to think about who put Miller where he is — President Trump. The same President Trump who recently retweeted to his 71 million followers a doctored photo of House Speaker Nancy Pelosi (D-Calif.) wearing a hijab and Sen. Charles E. Schumer (D-N.Y.) with a turban on his head in front of an Iranian flag with a caption reading, “the corrupted Dems trying their best to come to the Ayatollah’s rescue.” Why wouldn’t an insulter of Islam and Muslims, who also inflicts cruelty at our southern border, want to have the likes of Stephen Miller at his side?
King’s sermon derided what he regarded as a pragmatic test applied to right and wrong: “If it works, it’s all right. Nothing is wrong but that which does not work. If you don’t get caught, it’s right.”
=Which made me think of Trump using the powers of his office to solicit a foreign government to help take down a domestic political opponent, lying about his successes and taking credit for things he didn’t do — all because it works. And his adoring believers eat it up.
King reminded the Second Baptist worshipers that “it’s possible to affirm the existence of God with your lips and deny his existence with your life.”
Which makes me visualize Trump basking at evangelical rallies and paying lip service to God, while paying actual service to himself.
Knowing right from wrong; honesty; justice. Basic values preached by Martin Luther King Jr. still need rediscovering in 2020.
The Center for Immigration Studies, an anti-immigration think tank, is categorized as a hate group by the Southern Poverty Law Center.
BY SEBASTIAN MURDOCK
SENIOR REPORTER
HIUFFPOST
The New York Times published an op-ed decrying immigration by an author claiming to be a “liberal restrictionist” who is in fact attached to a known hate group.
The column, published Friday, was written by , “a senior research fellow at the Center for Immigration Studies,” according to the biography listed under his byline.
CIS, which calls itself “an independent, non-partisan, non-profit, research organization,” is a known hate group that has been described by the Southern Poverty Law Center as an anti-immigrant movement that hires racist writers and associates with white nationalists.
“I’m a Liberal Who Thinks Immigration Must Be Restricted,” Kammer’s headline reads. The piece begins with an anecdote about how immigrants take the jobs of American-born workers and later claims “many liberal Democrats” want illegal immigration to run rampant:
Now many liberal Democrats, including those who call for the abolition of Immigration and Customs Enforcement, seek to erase the distinction between legal and illegal immigration. Under the banner of inclusiveness, equality, human rights, racial reconciliation and reparations for American interventions in the third world, those liberals demand sanctuary for those who make it past the Border Patrol or overstay a visa. Few speak openly of open borders, but that is essentially what they are calling for.
Throughout the piece, Kammer seems set on reminding readers that he is liberal, even if his views might suggest otherwise.
“That’s why I call myself a liberal restrictionist,” Kammer, a former journalist, writes. “I have long considered myself a moderate liberal, in part because Democrats have always been the allies of working people.”
White House adviser Stephen Miller, a white nationalist, has cited CIS when speaking about immigration, and in 2011, the group released a report attempting to connect immigration with the creation of future terrorists, calling them “terror babies.”
The organization has gained credibility by writing pseudo-science “research” papers that are little more than racist ideology dressed up in scholarly language. According to the SPLC, “longtime CIS executive director Mark Krikorian’s contributions to the immigration policy debate rarely rise above petulant commentary dashed with extremist statements.”
Running a column by an author employed by a known hate group is the latest in the Times’s run of publishing racist pieces in its opinion section. In December, columnist and known bedbug Bret Stephens cited a study by a white nationalist that falsely claimed Ashkenazi Jews have a higher IQ than other races. The study he cited “traffics in centuries-old anti-Semitic tropes,” according to the SPLC.
The New York Times opinion section under editor James Bennet ostensibly aims to challenge the paper’s predominately liberal readers by presenting them with thoughtful critiques of their worldview. In practice, it runs pieces like this recent argument that launching a war against Iran would end attacks against American interests in the Middle East—which was written by a veteran of the Bush administration who had predicted confidently in a 2003 piece also published by the Times that launching a war against Iraq would end attacks against American interests in the Middle East. There was no acknowledgment in the new piece of the old one, as an opinion section committed to intellectual honesty might require, nor was it particularly challenging in the sense of being difficult to rebut. But it did make people on the left feel bad, and like they were losing their minds, which is the bar that Bennet’s section requires an argument to clear.
The essay “I’m a Liberal Who Thinks Immigration Must Be Restricted,” published in the Times Thursday, may represent the nadir of this approach. It makes a familiar argument: that “the left” believes in a “post-national” system of open borders which sacrifices the interests of native-born working Americans to the interests of low-skilled foreign immigrants who drive down wages and disrupt the cultural cohesiveness of their communities. It argues for respecting a distinction between legal and illegal immigration and asserts that Donald Trump’s position on immigration can be appreciated, in a non-racist way, as “a patriotic battle to defend common people.” It accuses Trump’s critics of having had their minds addled by “tribal passions” and a fetish for conflict “between ethnic groups,” and it proposes a “conciliatory” policy that would offer amnesty to existing undocumented workers but institute a crackdown regime of visa enforcement that would prevent future undocumented individuals from finding jobs.
The familiarity of the article’s arguments is matched by the familiarity of its flaws. While large-scale immigration is, in fact, believed by some non-racists to flatten wages at the bottom of the pay scale, it’s also known to accelerate rather than retard economic expansion overall, and tends to be supported by progressives who advocate for other means of increasing working-class wages and sharing the benefits of GDP growth. The distinction between “legal” and “illegal” immigration is not some ancient, race-agnostic pillar of global affairs, but rather a concept that was instituted in the United States in the early 20th century to explicitly discriminate against Asian, southern European, and eastern European individuals and expanded in the 1960s to explicitly discriminate against Mexicans. Trump’s support is strongest in areas where there are fewer undocumented immigrants, not more, and he lost four of the five states that have the highest undocumented populations per capita. Many of the most immigration-heavy and ethnically diverse cities in the U.S. are also the safest and wealthiest and are considered so desirable to live in by migrating native-born Americans that they are experiencing housing crises.
As to whether criticizing an administration that instituted the premeditated, systematic separation of young children from their parents after they applied legally for asylum is a matter of unseemly “tribal passions,” or whether support for the principles of inclusive American citizenship described on the Statue of Liberty constitutes “post-national” anti-patriotism, perhaps we can agree to disagree.
More concerning than any of these specific problems, though, is the piece’s provenance: It’s written by someone named Jerry Kammer, a fellow at a think tank called the Center for Immigration Studies. Kammer has made a career out of covering immigration policy, he writes, for two reasons: “I was fascinated by its human, political and moral complexity. I also wanted to push back against the campaign by activist groups to label restrictionism as inherently racist.” He expresses regret that “odious people” with white-power affiliations have given the cause of cutting back on immigration a “bad name.”
What neither Kammer nor the Times discloses is that the Center for Immigration Studies was in fact founded by these people, most prominent among them a white nationalist named John Tanton who died last year. Tanton, as the Southern Poverty Law Center has documented, believed that the United States needed to maintain a “European-American majority, and a clear one at that”; he founded CIS, he wrote in the 1980s, in order to give his ideas the appearance of independent “credibility.”
Kammer does write that he disagrees with “some of the center’s hard-line positions.” Among his more hard-line colleagues at CIS are a writer named Jason Richwine, who contributed to a journal founded by white supremacist Richard Spencer and who has said that “IQ” is the “most important” difference between racial groups. (As the SPLC has documented, CIS has circulated literally hundreds of articles by explicit white supremacists like Spencer via links in its weekly newsletter. Its director once accused Barack Obama of trying to “foment race war.”) A statement of purpose on the CIS website is credited to longtime Tanton collaborator Dan Stein, who once complained that mass immigration was a tool developed by “Ted Kennedy and his political allies” in approximately 1958 to “retaliate against Anglo-Saxon dominance.”
In 1997, the Wall Street Journal wrote about Tanton in a piece called “The Intellectual Roots of Nativism.” It was a scathing article which noted that Tanton had once described the immigrant’s contribution to society as “defecating and creating garbage and looking for jobs.” The piece expressed concern that “otherwise sober-minded conservatives” and “reasonable critics of immigration” were affiliating themselves with his ideas. The author of that WSJ article, a 28-year-old journalist named Tucker Carlson, has since made the career-advancing decision to embrace Tanton-style nativism; he was in the news not too long ago for complaining in his role as a Fox News host that immigrants make the United States physically “dirtier.”
Whatever space ever existed between mainstream conservatism and white-power nationalism, Carlson demonstrates, has collapsed. And it turns out that the “odious people” that Kammer references in the Times are actually his colleagues and forebears, who created his organization so that policies intended to perpetuate “European-American” and “Anglo-Saxon” superiority could be laundered into the respectable discourse. What else is there to say but: It worked!
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So, we have a White Nationalist in the White House assisted by neo-Nazi advisor Stephen Miller actually turning nativism into “Government policy.” Other white supremacists are scattered in key positions throughout the Government, particularly the immigration bureaucracy. Trump tweets and right-wing media put out a constant barrage of nativist lies, misrepresentations, false narratives, and racial, ethnic, and religious slurs.
So, just why is it that the “mainstream media” owes White Nationalists yet another forum to spread their nativist propaganda?
It’s not limited, of course, to just the Times. The WashPost regularly publishes largely fact and value free right-wing blather from professional shills like Marc Thiessen and Hugh Hewitt under the guise of “op-eds.”
And Chuck Todd regularly invites GOP congenital liars and Trump toadies like Sen. Ron Johnson (R-WI), Sen. John Kennedy (R-LA), and Sen. Ted Cruz (R-TX) to spread their lies, false narratives, and debunked “conspiracy theories” from the “bully pulpit” of “Meet the Press.” To top it off, Chuck then appears to be flabbergasted that when he confronts these guys with truth and facts, they “double down” continuing to lie to his face, ignore established facts, and spread Putinesque conspiracy theories.
Fact is, most of the Trump agenda is corrupt, counterfactual, unethical, inhumane, divisive, and corrosive to American democracy. We receive enough of it from lots of sources every day, pretty much 24-7-365. Is it really necessary for those supposedly dedicated to truth and democracy to give more free “air time” to nativist shills spreading their racially corrosive, divisive, anti-democracy propaganda?
GUATEMALA CITY — The chartered U.S. government flights land here every day or two, depositing Honduran and Salvadoran asylum seekers from the U.S. border. Many arrive with the same question: “Where are we?”
For the first time ever, the United States is shipping asylum seekers who arrive at its border to a “safe third country” to seek refuge there. The Trump administration hopes the program will serve as a model for others in the region.
But during its first weeks, asylum seekers and human rights advocates say, migrants have been put on planes without being told where they were headed, and left here without being given basic instruction about what to do next.
When the migrants land in Guatemala City, they receive little information about what it means to apply for asylum in one of the hemisphere’s poorest countries. Those who don’t immediately apply are told that they must leave the country in 72 hours. The form is labeled “Voluntary Return.”
“In the U.S., the agents told us our cases would be transferred, but they didn’t say where. Then they lined us up to get on the plane,” said a woman named Marta, 43, from Honduras. She sat in a migrant shelter here with her 17-year-old son, who nursed a gunshot wound in his left cheek — the work, both say, of a Honduran faction of the MS-13 gang.
“When we looked out the window, we were here,” she said. “We thought, ‘Where are we? What are we supposed to do now?’ ”
Human rights organizations in Guatemala say they have recorded dozens of cases of asylum seekers who were misled by U.S. officials into boarding flights, and who were not informed of their asylum rights upon arrival. Of the 143 Hondurans and Salvadorans sent to Guatemala since the program began last month, only five have applied for asylum, according to the country’s migration agency.
“Safe third country” is one of the Trump administration’s most dramatic initiatives to curb migration — an effort to remake the U.S. asylum system. President Trump has called it “terrific for [Guatemala] and terrific for us.”
But an Asylum Cooperation Agreement is bringing migrants to a country that is unable to provide economic and physical security for its own citizens — many of whom are themselves trying to migrate. In fiscal 2019, Guatemala was the largest source of migrants detained at the U.S. border, at more than 264,000. The country has only a skeletal asylum program, with fewer than a dozen asylum officers.
As the deal was negotiated, it drew concerns from the United Nations and human rights organizations. But its implementation, advocates say, has been worse than they feared.
“It’s a total disaster,” said Thelma Shau, who has observed the arrival of asylum seekers at La Aurora International Airport in her role overseeing migration issues for Guatemala’s human rights ombudsman.
“They arrive here without being told that Guatemala is their destination,” she said. “They are asked, ‘Do you want refuge here or do you want to leave?’ And they have literally minutes to decide without knowing anything about what that means.”
President Trump and first lady Melania Trump meet in the Oval Office last month with then-President Jimmy Morales of Guatemala. (Jabin Botsford/The Washington Post)
The Guatemalan government says that it explains asylum options and that migrants are simply choosing to leave voluntarily.
“Central American people are given comprehensive attention when they arrive in the country, and respect for their human rights is a priority,” said Alejandra Mena, a spokeswoman for Guatemala’s migration agency. “The information provided is complete for them to make a decision.”
The Department of Homeland Security did not respond to requests for comment. The United States has signed similar “safe third country” agreements with El Salvador and Honduras, but they have not yet been implemented. In recent days, Trump administration officials have said they are considering sending Mexican asylum seekers to Guatemala to seek refuge.
Human rights groups in Guatemala that have observed the process say migrants here are not given key information about their options — such as what asylum in Guatemala entails and where they would stay while their claims are being processed. Many migrants are aware that Guatemala suffers from the same gang violence and extortion that forced them from their home countries.
Migrants from Guatemala disembark from a raft in Ciudad Hidalgo, Mexico, in June. (Rebecca Blackwell/Associated Press)
Paula Arana observed the orientation as child protection liaison for the human rights ombudsman.
“It’s clear that the government is not providing enough information for asylum seekers to make a decision, especially in the three minutes they are given,” she said. “Instead, they are being pushed out of the country.”
The United States had suggested that it would begin implementing the agreement by sending single men to Guatemala. But less than a month after it began, families with young children are arriving on the charter flights. Last week, Arana said, a 2-year-old arrived with flulike symptoms.
On Thursday, a man named Jorge, 35, his wife and two daughters, ages 11 and 15, landed here. A day later, they were clustered together at the Casa del Migrante, a shelter in Guatemala City where government officials took them in a bus. They had been given the papers with 72 hours’ notice to leave Guatemala, and couldn’t figure out what to do.
The family had fled multiple threats from gangs in Honduras, which started with an interpersonal dispute between Jorge’s wife and one of the gang’s leaders. Jorge was certain that going back would mean certain death. Like Marta, Jorge did not want his last name to be published out of fear for his family’s safety.
“We’re thinking about our options. We know we can’t stay here. What would I do? Where would we stay?” he said. “Maybe we need to try to cross to the United States again.”
The Office of the U.N. High Commissioner for Refugees is not participating in the program. But officials say they’re aware of problems with its implementation.
“UNHCR has a number of concerns regarding the Asylum Cooperation Agreement and its implementation,” said Sibylla Brodzinsky, UNHCR’s regional spokeswoman for Central America and Mexico. “We have expressed these concerns to the relevant U.S. and Guatemalan authorities.”
Human rights advocates who have interviewed the asylum seekers, known locally as “transferidos,” say many have decided that their best option is to migrate again to the United States. Smugglers often offer their customers three chances to make it across the border.
Migrants at the Casa del Migrante described spending a week in Immigration and Customs Enforcement custody in the United States, where they had intended to make their asylum claims. Many carried binders full of evidence they assumed would bolster their cases. On her phone, Marta saved avideo of her son being tortured by MS-13 gang members.
But in their brief conversations with U.S. immigration officials, they were told they would not be given a chance to apply for asylum in the United States.
“We had all this information to show them,” Marta said, leafing through photos of her son’s scars and Honduran court documents. “They said, ‘That’s not going to help you here.’ ”
In interviews with The Washington Post, some migrants said they were told vaguely that their cases were being “transferred.” Others were told they were going to be returned to their countries of origin.
“One agent told me, ‘You’re going back to Honduras,’ ” Marta said. But then they arrived in Guatemala City.
“When we looked out the window, we just assumed it was a stop,” her son said.
Marta thought Guatemala might be even more dangerous. They had no connection to the country and nowhere to stay beyond their first few days. When she left the migrant shelter to buy food Friday morning, she said, she stumbled upon a crime scene with a dead body a few blocks away.
During their nine-day detention at an ICE facility in Texas, she said, the family shared a cell with a Guatemalan family that was fleeing violence perpetrated by a different MS-13 group based here.
Agronomy students, some hooded, block a street outside a Guatemala City hotel before lawmakers voted on the deal that made Guatemala a “safe third country” for migrants seeking asylum in the United States. (Oliver De Ros/Associated Press)
“Why would they send us to a country where the same gangs are operating?” she asked.
In the absence of a thorough explanation of their asylum rights in Guatemala, El Refugio de la Niñez is offering a short tutorial to the asylum seekers. So far, 45 have attended.
“The Guatemalan government is completely absent in this whole process,” said Leonel Dubon, the director of the U.N.-funded center. “It sends a clear message. The government isn’t here to offer shelter, it’s here to push people out as quickly as possible.”
The Trump administration negotiated the “safe third country” agreement last year with lame-duck Guatemalan President Jimmy Morales.
Guatemala’s constitutional court initially blocked the deal. Then Trump threatened tariffs on the country and taxes on remittances sent home by Guatemalans living in the United States. It was eventually signed in July.
At the signing ceremony, Trump said it would “provide safety for legitimate asylum seekers, and stop asylum fraud and abuses [of the] system.”
U.S. asylum officers do not vet the cases of migrants before they are sent to Guatemala.
In her brief conversations with U.S. immigration agents, Marta tried to get them to look at her binder full of documents and photos.
“They weren’t interested,” she said. “They just kept saying that your case will be transferred to an institution that can handle it.”
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Kevin writes about a tragically absurd situation that seems to have fallen “below the radar screen” of public outrage or even discourse. This is wrong! Most days I can’t believe that the county that I proudly served for more than 35 years is engaging in this type of abusive behavior that would be below the level of even some Third World dictatorships.
And, it isn’t just “occasional abuse” — it’s systemized, institutionalized abuse and dehumanization on a global and regular basis — all approved or de facto enabled by feckless and spineless Federal Appellate Courts, all the way up to the Supremes! These are folks who should know better and really have no other meaningful function in our “separation of powers” system other than to protect our individual rights. Authoritarian governments and dictators hardly need “courts” to enforce their will, even if some find it useful to “go through the motions” of creating and employing complicit “judges.” As one of my Round Table colleagues succinctly put it “there appears to be no bottom!”
Clearly, the “Safe Third Country” exception was never intended by Congress, nor does the statutory language permit it, to be used to “orbit” asylum applicants to some of the most dangerous refugee sending countries in the world with thoroughly corrupt governments and non-existent asylum systems. So, why does the Trump regime have confidence that it can and will get away with these atrocities? Because they believe, correctly so far, that the Article III Federal Courts, many of them now stacked with Trump’s hand-selected “toady judges,” are afraid to stand up to tyranny and protect the rights of desperate, mostly brown-skinned, asylum seekers.
Obviously, from an institutional standpoint, the Article III Courts are saying:
“Who cares what happens to a bunch of brown-skinned foreigners. Let ‘em die, rot, or be tortured. Human rights, due process, and human dignity simply don’t matter when they don’t affect us personally, financially, or socially. That’s particularly true because the results of our abuses are taking place, thankfully, in foreign nations: out of sight, out of mind. Not our problem.”
Apparently, many Americans agree with this immoral and illegal approach. Otherwise, the “black robed, life tenured ones” would be pariahs in their communities, churches, and social interactions. They wouldn’t be offered those cushy teaching positions at law schools or a chance to expound before public audiences.
But, not speaking out against bad judges and not insisting on integrity and courage in the Article III courts could ultimately prove fatal for all of our individual rights. Judges who use their privileged positions to turn a blind eye to the oppression of others, particularly the most vulnerable humans among us, and the catastrophic failure of the rule of law and Due Process inthe U.S. immigration system can hardly be expected to stand up for the individual rights of any of us against Government oppression.
After all, why should an exulted Federal Appellate Judge or a Supreme Court Justice care about what happens to you, unless your blood is about to spatter his or her pristine black robe? Many of those supportive of or complicit in Trump’s tyranny will personally experience the costs of a feckless Federal Judiciary when their “turn in the barrel” comes. And, the Trump regime’s list of those who’s “lives and rights don’t matter” is very, very long and continually expanding.
All I can say now is that some day, the full truth about what happens to those unlawfully and immorally turned away at our borders will “out.” Then, many Articles III judges will try to disingenuously protect their reputations by saying, similar to many judges of the Third Reich, “Gee, who knew,” or “I was powerless,” or “It was a political problem beyond our limited jurisdiction.”
My charge to the New Due Process Army: Don’t let the complicit judges get away with it in the “Court of History.” You see, know, and experience first-hand every day the results of Article III judicial complicity. Don’t ever forget what those judges have done and continue to do to human lives from their protected and “willfully clueless” ivory towers! Ultimately, you aren’t as powerless as the “complicit ones” think you are!
Due Process Forever; Feckless, Complicit, Immoral Federal Judges Never!
The comparisons have come hard and fast, at least since 2015. Trump is like Silvio Berlusconi, like Adolf Hitler, like Boris Johnson. A 2018 film called “The Trump Prophecy” took the evangelical route, comparing Trump to Cyrus the Great, the 6th century BC Persian monarch chosen by God to free Jewish captives in Babylon.
But maybe it’s time to stop searching for the exact analogy for Trump, be he Cyrus or Boris, Adolf or a Silvio. What demands analysis is less the arrogant 73-year-old mediocrity in the Oval Office, but the worshipful attitude so many Americans have toward him.
A lot of nut jobs have peddled lies to Americans before, and even styled themselves as messianic. But at no time in history have so many Americans been drawn to what’s looking increasingly like a cult. I don’t use the term recklessly.
When Steven Hassan, an expert in cults and an ex-Moonie (as in the Unification Church, founded by a Korean businessman, the Rev. Sun Myung Moon), published “The Cult of Trump” last spring, some reviewers objected to his use of the cult framework as incendiary and not all that useful.
Indeed, for Trump critics to call his admirers cult members might be just another salvo in our nasty political warfare. It’s similar to the Trump psychologizing over the years that often doubles as name-calling: He’s a baby, a psychopath, a stone-cold narcissist.
The discourse around cults partakes of some woolly theories. “Mind control” and “brainwashing” are shibboleths from the 1950s, when the coinages were used to describe what Chinese Communists did to convert freethinkers to their cause. The implicit suggestion is that unsavory ideas and ideologies can only win adherents using extreme and witchy measures.
All that put me off the notion of Trumpism as a cult. But then in August, Trump looked heavenward and called himself “the chosen one.”
Suddenly, among evangelicals, it wasn’t enough to make comparisons with Cyrus or even King David. He had to be the savior himself. The far-right radio host Wayne Allyn Root called Trump “the second coming of God.” Then former Energy Secretary Rick Perry straight up affirmed Trump’s craziness, telling him, “You are here in this time because God ordained you.”
As 2019 drew to a close, my doubts about Trumpism as a cult dissolved. And I’m not alone.
What the cult diagnosis may lack in scholarly rigor, it makes up for in explanatory power. When polled, far too many Republicans come across as having abandoned their commitment to libertarianism, family values or simple logic in favor of Trump worship. They’re lost to paranoia and factually unmoored talking points, just the way Hassan was lost to Sun Myung Moon.
It can be heartbreaking when loved ones succumb to Trumpism. (It’s a double whammy when your grief is dismissed as liberal tears.) A true believer undergoes a “radical personal change,” as Hassan puts it. The person you once knew seems somehow … not there.
Journalists Luke O’Neil and Edwin Lyngar, as well as Jen Senko in “The Brainwashing of My Dad,” have compiled stories of Americans who have gone over. O’Neil summarized the transformation this way: “A loved one … sat down in front of Fox News, found some kind of deep, addictive comfort in the anger and paranoia, and became a different person.”
Sounds about right.
Hassan — who remembers, during his Moonie days, shouting, “I don’t care if Moon is like Hitler. I’ve chosen to follow him, and I’ll follow him to the end” — broke free, and became an expert on cults and how to leave them. He has spent his career proving it’s possible.
To see Trumpism as a cult is not to refuse to engage with its effects, the crimes committed in its name or the way it has awakened and emboldened the cruelest and most destructive beliefs and practices in the American playbook. Instead, the cult framework should relieve the pressure many of us feel to call Trumpites back to themselves, to keep arguing with them. They are stuck in a bad relationship with a controlling figure.
Understanding Trump is a fool’s errand. He’s sui generis, and far too erratic and finally insubstantial to reward close attention. Trump zealots are another matter. They are part of the tradition of radical converts in American history who elected to forfeit their authentic personalities and principles rather than refine or strengthen them. We need to stay focused on how so many Americans came to this pass and took this destructive course. The Trump cult will define American politics for decades to come, even after its dear leader is gone.
Heffernan’s analysis leads to the conclusion that it’s naive for Dems to keep wishing, hoping, and thinking that they can just speak truth and advance facts and thereby expect Trump’s followers to wake up, discover decency,and suddenly embrace humanity and rationality again.
No, the way the Democratic majority takes back the White House is by making sure that they get maximum turnout among the majority of Americans not enthralled by Trump and, particularly, that they fight through concerted GOP voter suppression efforts to appeal to, register, and get out the many new and younger voters who don‘t identify with Trump’s dark, White Nationalist view of America and the unfailingly false, cruel, and negative values that he so arrogantly projects to his cult followers.
The policies terrify. A border wall. Family separation. The purgatory of waiting for asylum in a third country.
In December, the Washington Post reported that U.S. Immigration and Customs Enforcement wants to use migrant children in detention as bait. Adults who show up to claim them would be targeted for arrest and deportation.
The words incite fear. “Bad hombres.” “Rapists.” “Criminals.” “Shithole countries.” When uttered by a U.S. president, they carry even greater weight.
Britain, Poland, Italy, the United States. Around the world, countries once proud of welcoming immigrants seem determined to find ever more devious ways to keep them out. Are these signs of a newly ascendant nationalism? Or the last gasps of existential fear?
The worldwide immigration crisis — and the racism apparently driving it — can trace its roots in part to a century-old book, Madison Grant’s “The Passing of the Great Race.”
In publishing a centenary edition of the 1916 work, white nationalist Ostara Press praised the book as a “call to American whites to counter the dangers both from non-white and non-north Western European immigration.” Grant proposed a “Nordic race,” loosely centered in Scandinavia, as principally responsible for human social and cultural development. He feared immigration and intermarriage would dilute this race, dooming it to extinction.
Grant’s fears of his “great race” passing are very much alive today.
The Southern Poverty Law Center’s ongoing study of emails sent by Stephen Miller to Breitbart News in the lead-up to the 2016 presidential election document his affinity for white nationalism. Miller, an architect of the Trump administration’s immigration policies, lauds former President Calvin Coolidge for signing the Immigration Act of 1924, which hardened non-white immigration and eased white immigration from Western Europe. It also established the U.S. Border Patrol, the predecessor of Customs and Border Protection and ICE.
Grant’s writing is credited as part of the inspiration for the creation and passage of that 1924 Act. Hitler called Grant’s book, “my bible.” Grant’s ideas defined apartheid. His book fueled the U.S. eugenics movement.
Eugenics is a pseudoscience of race that seeks to breed and maintain a “Nordic stock” of human beings, while culling undesirables — blacks, Jews, Asians, South Americans, homosexuals, the physically and mentally ill, and others — through measures ranging from forced sterilization to death.
In Grant’s day, eugenics attracted the rich and famous — Carnegies, Rockefellers, and the Kelloggs of Corn Flakes fame. Eugenicist Margaret Sanger, founder of Planned Parenthood, saw birth control work as eliminating “human weeds” and Alexander Graham Bell presided over the scientific directors of the Eugenics Records Office, a research institute in Cold Spring Harbor, N.Y.
Eugenics is very much in vogue among white nationalists and far-right groups worldwide, though refashioned now into broader conspiracies like “replacement theory,” which originated in France with the writings of Renaud Camus and proposes that U.S. and European whites are being intentionally “replaced” through low birth rates and liberal immigration policies.
“We can’t restore our civilization with somebody else’s babies,” tweeted U.S. Rep. Steve King (R-Iowa) in 2017. A gunman in Norway who murdered 80 people in 2011 portrayed the act as a defense of the Nordic race from the scourge of Islamic immigration. Similar “replacement theory” fears influenced mass shooters in Christchurch, Pittsburgh, El Paso and Charleston.
Surprisingly, Grant was as an early conservationist who saw in the fate of endangered species — the moose, the buffalo, the redwood tree — a similar fate awaiting his “Nordics.” He helped establish the U.S. National Park system. Modern-day environmental and climate movements have roots in Grant’s work, leading to a convoluted, bizarre specter:
The U.S. and European countries that Grant lauded manufacture the “greenhouse gases” threatening the environment that Grant sought to protect. Meanwhile, the climate crisis produces refugees from countries that Grant abhorred, seeking shelter in countries with draconian immigration policies that Grant helped to create.
Yet Grant was right. His “great race” is passing. Studies cite 2050 as the tipping point, when U.S. whites will become a statistical minority, and most Americans will be people of color. Whether crafted in overtly racist language or couched in covertly racist immigration policies, fear of the “great race” passing is used to win elections, cling to power, manipulate public opinion and grow organizational membership.
Immigrants built America. This new wave is no different. They are the face of the future, deserving new lives in a country that helps them succeed.
Yes, the “great race” is passing. Good riddance. And we should turn to finding ways to help everyone accept this inevitability — and thrive from it.
Clyde W. Ford is the author of “Think Black,” a memoir about his father, the first black software engineer in America.
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Like those who were behind or “went along to go along” with horrible parts of our history like Dred Scott, Plessy v. Ferguson, the Chinese Exclusion Laws, or Jim Crow, Trump’s supporters and enablers eventually will have much to answer for in the “court of history.”
“Fake news.” “alternative facts,” false narratives, and internet myths might be gospel to Breitbart, Fox News, GOP sycophants, and Trump voters, but eventually, particularly in an age of information and documentation, “truth will out.” And, it won’t be pretty for the “Modern Day Jim Crows” any more than it was for the segregationists and other racists who preceded them.
Certain questions haunt many of us who care about the nature and future of the Republican Party. Is the GOP as it currently appears — defined by white identity and excited by cruelty and exclusion — really the way it has always been? Does Trumpism represent a hostile takeover of Republicanism or its natural outworking?A recent study by political scientists Lilliana Mason, Julie Wronski and John V. Kane sheds some interesting light on these matters. They compare a Democracy Fund voter survey conducted in 2011 with a survey of the same voters done in 2017. And they analyze the factors in the 2011 group that predict current approval for the Democratic Party, for the Republican Party and for President Trump.
Mason, Wronski and Kane found that support for the Democratic Party is associated with warmer feelings toward African Americans, Hispanics, Muslims and LGBT people. This type of “in-group love” is what you’d expect. “Put simply,” said the authors, “when you like the people who make up the party, you like the party.”
The results concerning the GOP were more mixed, but similar. Warmer opinions about whites and Christians in 2011 predicted later support for the GOP — the Republican version of “in-group love.” But hostility toward African Americans and Hispanics did not drive future Republican support (though negative feelings toward Muslims and LGBT people did have limited predictive value).
Support for Trump, in contrast, was strongly associated with “out-group hatred” of African Americans, Hispanics, Muslims and LGBT people. “In every case, the people who felt hostile towards Democratic groups in 2011 are most likely to be Trump supporters today. The same cannot be said of Republican partisans.”
What to make of these distinctions? “In-group love” of whites and Christians for other whites and Christians is hardly a noble political motivation. “Love your white neighbor as yourself” doesn’t have quite the same moral ring to it. What Mason calls the “social sorting” of the parties — in which partisan identities are closely associated with ideological, racial and cultural identities — is a source of deep and damaging polarization.
Yet it comes as a relief to some of us that Republican partisans and Trump supporters can be distinguished from each other at all. And “in-group love” is certainly better than an “out-group hatred” of anyone who looks and thinks differently.
There is evidence, it appears, that the party of George W. Bush, John McCain and Mitt Romney was not merely the party of Trump in waiting. “Trump support,” say the authors, “is uniquely dependent upon out-group hatred.” This is not a normal sort of partisanship. It is partisanship supercharged by prejudice and contempt. This fits the experience of elected Republicans I have interviewed, many of whom no longer recognize the political party they rose within. The players and attitudes in many states and districts have shifted. Something different and disturbing is taking place.
Trump did not create this out-group animosity; he exploited it, organized it and sent it into political battle. “Even in the 2016 Republican presidential primary,” the authors note, “out-group hatred predicted support for Trump, but not for [Ted] Cruz, [Marco] Rubio or [John] Kasich.” They go on: “We tend to think of partisans as being generally intolerant of outsiders, but our findings suggest that Trump supporters are unique in terms of their out-group hatred.”
This offers the comfort of knowing that the whole GOP is not united and defined by contempt for outsiders. But the indictment of the Republican non-haters is still quite damning. In every way that matters politically, they have accepted the leadership of a president and a movement that cultivate hatred as a strategy. The GOP non-haters — say, business conservatives and social conservatives — have deferred to the hater in chief. They have (for the most part) held his coat, carried his water and licked his boots — which are not easy to do simultaneously.
All of which raises another vexing question: Which is worse, bigotry or cowardice in the face of bigotry?
Whatever the answer, we should prepare ourselves for an especially ugly and destructive 2020 presidential election. Trump seems to believe, with some justification, that the cultivation of anger against outsiders won him the Republican nomination and the presidency in 2016. We should expect more of the same, and worse. The racism, misogyny and dehumanization — the assault on migrants, Muslims and refugees — have only begun. And those who enable it are equally responsible for it.
The GOP’s toxic combination of outright bigots and sleazy dishonest bootlickers willing to cover for corruption and bigotry has never been more on display than in this week’s “fact free, value free defense” of the indefensible before the House Judiciary. And, as I mentioned previously this week, it also explains why neo-Nazi White Nationalist hate monger Stephen Miller will be in the White House as long as Trump is, unless he falls out of favor with Trump for some reason unrelated to his odious views.
It also illustrates what I’ve been saying about the recent performance of the higher level Federal Courts. Trump’s war on migrants, non-Christian religions, women, the poor, journalists, lawyers, political opponents, and individuals of color has nothing to do with “normal legal issues.” It’s an existential struggle by the majority of Americans who didn’t vote for Trump and don’t agree with his authoritarian White Nationalism to preserve our republic against a fascist-style authoritarian regime that is running roughshod over our Constitution, our laws, and ethical and moral norms that have developed over many years. Those who won’t stand up and defend our republic and our individual rights are enabling the bigoted destroyers. There really is no “middle ground” in this battle.
To put it in Michael’s terms: “The racism, misogyny and dehumanization — the assault on migrants, Muslims and refugees — have only begun. And those [sitting on the Supreme Court and the Federal Appellate Courts] who enable it are equally responsible for it.”
Innocent folks are being harmed and abused every day, while the judicial enablers are drawing their pay!
A few times a week, attorney Jodi Goodwin walks across the bridge from Brownsville, Texas, to a refugee camp in Matamoros, Mexico, to meet with asylum-seekers. Her clients are among the more than 2,500 immigrants crammed into tents while they wait for U.S. immigration hearings ― often stuck for months in dirty and dangerous conditions.
The forced return to Mexico of migrants seeking refuge in the U.S. is one of President Donald Trump’s most inhumane immigration policies, yet it hasn’t received nearly the attention that his family separation and prolonged detention practices have.
Since January, under Trump’s “Remain in Mexico” initiative ― also known as the Migrant Protection Protocols (MPP) ― the U.S. government has sent at least 54,000 immigrants to wait for their court dates in Mexican border towns. Instead of staying with relatives in the U.S., families are sleeping in tents for up to eight months, in unprotected areas where infections spread within crowded quarters and cartel kidnappings are commonplace. Family separation ended a year ago. But Trump’s mistreatment of asylum-seekers continues in a different form.
Some parents are so desperate that they’ve resorted to sending their children across the bridge alone, since unaccompanied kids who arrive at the border cannot be turned away under MPP. Since October, at least 135 children have crossed back into the U.S. by themselves after being sent to wait in Mexico with their parents, according to the U.S. Department of Health and Human Services.
In Mexico, many of these migrants don’t have access to lawyers and are forced to plead their cases in makeshift tent courts set up along the U.S. border where overwhelmed judges conduct hearings via video teleconference. The courts have limited public access ― lawyers and translators say that they have been barred from attending hearings. Migrants’ advocates argue that the tent courts violate due process, and immigrant rights organizations have filed a federal lawsuit against Immigration and Customs Enforcement over the use of videoconferencing.
Goodwin, who has 42 clients, said there is a serious shortage of lawyers willing to represent immigrants staying in another country where crime is rife. She spoke with HuffPost about why the Remain in Mexico policy is even more traumatic than separating thousands of families and why it hasn’t sparked public outrage.
AMERICAN IMMIGRATION LAWYERS ASSOCIATION
Jodi Goodwin (center) at the refugee camp in Matamoros, Mexico.
HuffPost: Immigrant parents forced to wait in Mexico are making the heart-wrenching choice to send their kids to the U.S. alone. What are the conditions like at the camp in Matamoros?
Jodi Goodwin: It smells like urine and feces. There’s not enough sanitation. There’s 10 port-a-potties for thousands of people. Up until recently, there was no potable water available at all. People were bathing in the Rio Grande river, getting sick and, in some cases, drowning. People were seriously dehydrated.
The camp sounds completely unfitting for any human being, let alone children.
It’s a horrific situation to put families in. It’s great to live in a tent for the weekend when you’re going to the lake. It’s not great to live in a tent for months at a time where you don’t have basic necessities.
Are kids getting sick?
The kids are sick every day. I’ve seen all kinds of respiratory illnesses and digestive illnesses. I’ve seen chronic illnesses like epilepsy. I saw a baby that appeared to have sepsis who was forced to wait on the bridge for more than three hours before being taken to a hospital.
And what about the kidnappings? Have you heard of families being taken by cartel members who then try and extort an immigrant’s U.S. relatives for money?
About half of the people I’ve spoken to in Mexico have been kidnapped. The cartel knows if they can grab an immigrant, they’re likely to be able to work out a ransom. If they don’t, then they just kill them.
Any specific examples?
I dealt with one case where a mom from El Salvador and her 4-year-old son were kidnapped within an hour of being sent back to Mexico under MPP. They were taken for eight days before her brother in the U.S. paid the kidnappers $7,000.
The lady was terrified. She was sleep-deprived, food-deprived and water-deprived. She said that the people who had kidnapped her were extremely violent and hit her kid. They were drinking alcohol and raping people at a stash house where several other people were being held.
LOREN ELLIOTT / REUTERS
Migrants, most of them asylum-seekers sent back to Mexico from the U.S. under the “Remain in Mexico” program, occupy a makeshift encampment in Matamoros, Mexico, on Oc. 28, 2019.
The last time we spoke, you were on the frontlines of family separation, visiting detention centers where mothers were hysterically crying after being ripped apart from their children. How does the trauma of MPP compare, particularly for parents who are sending their kids across the border alone?
It’s way worse. I can’t with any confidence say that they will ever see their children again.
Why not?
I knew there were legal ways to get out of family separation. We were able to talk with our clients and didn’t have to go off to another country. And for those parents who got through their interviews or their court hearings, we were able to get them back with their kids.
With MPP, the assault is not only on human rights but also on due process within the court systems, which has completely hijacked the ability to be able to fix things. The parents can’t even get into the country to try to reunify with their kids.
Nearly 3,000 children were separated from their parents under Trump’s zero-tolerance policy. Do you think a similar number of families will be ripped apart because of Remain in Mexico?
It could be more. Over 55,000 people have been sent back to Mexico. I’ve talked to so many parents who have sent their kids across. It’s a heart-wrenching decision process that they go through. How do you give up your baby?
It reminds me of Jewish parents who were captives in Nazi Germany and had to convince their kids to get on a different train or go in a different line to save their own lives.
Have you witnessed these separations firsthand?
In November I saw a little boy and his 4-year-old sister sent across the bridge with an older child, who was about 14 years old. The teenager carried the baby boy, who still had a pacifier in his mouth, and the girl was holding onto the older kid’s belt loop.
I was standing on the bridge between Matamoros and the U.S. and I turned around to look down at the bank of the Rio Grande river. Every single parent who has sent their kid to cross tells me the same thing: As soon as they say goodbye and hug their kids, they run to the bank to watch them. [Her voice breaks] I knew there was somebody probably standing on that bank hoping those kids made it across.
Do you still think about those kids?
Oh yeah. The green binky that the little baby was sucking on is knitted in my mind.
VERONICA CARDENAS / REUTERS
The Mexican National Guard patrols an encampment where asylum-seekers live as their tents are relocated from the plaza to near the banks of the Rio Grande in Matamoros on Dec. 7, 2019.
You’ve been working hundreds of hours a month to try and help people stranded in Matamoros. This work must take a toll on you personally.
I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me.
I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.
Family separation resulted in massive outcry from the public, which eventually pressured the government to end the zero-tolerance policy. Why is MPP not getting the same attention?
There is no public outrage because it’s not happening on our soil. It’s happening literally 10 feet from the turnstile to come to the U.S. But because it’s out of sight and out of mind, there is no outrage. What ended family separation was public outrage. It had nothing to do with lawsuits. It had everything to do with shame, shame, shame.
This interview has been lightly edited for length and clarity.
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I’m with you, Jodi!Thanks for your dedication to justice for the most vulnerable!
What’s wrong with this scenario: life-tenured Federal Judges who won’t stand up for the rule of law, Due Process, and Equal Protection in the face of an arrogantly and overtly lawless White Nationalist Regime; DOJ and other U.S. Government lawyers who defend immoral and disingenuous positions in Federal Court, often, as in the Census Case and the DACA Case using pretextual rationales and knowingly false information; dehumanization, with overwhelming racial and religious overtones, of those who deserve our protection and rely on our sense of fairness; undercutting, mistreating and humiliating the brave lawyers like Jodi who are standing up for justice in the face of tyranny; GOP legislators who are lawyers defending Trump’s mockery of the Constitution, human decency, and the rule of law and knowingly and defiantly spreading Putin’s false narratives.
Obviously, there has been a severe failure in our legal and ethical education programs and our criteria for Federal Judicial selections, particularly at the higher levels, and particularly with respect to the critical characteristic of courage. Too many “go alongs to get alongs!” I can only hope that our republic survives long enough to reform and correct these existential defects that now threaten to bring us all down.
Where’s the accountability? Where’s the outrage? Where’s our humanity?
We should also remember that many asylum seekers from Africa, who face extreme danger in Mexico, are also being targeted (“shithole countries?”) and abused as part of the Regime’s judicially-enabled, racially driven, anti-asylum, anti-rule-of-law antics at the Southern Border. https://apple.news/AyYSWSXNfSdOm63skxWaUTQ
Also, morally corrupt Trump Regime officials continued to tout “Crimes Against Humanity” as an acceptable approach to border enforcement and “reducing apprehensions!” Will machine gun turrets be next on their list? Will Article III Judges give that their “A-OK?”
We’re actually paying Article III Federal Judges who are knowingly and intentionally furthering “Crimes Against Humanity.” Totally outrageous!
Today’s biggest story set the scene for news that continues to develop about the Ukraine scandal.
The big story, in terms of its ability to frame the crazy events coming at us at top speed, happened last night, when Attorney General William Barr gave a speech to the Federalist Society, a group of conservative and libertarian lawyers who argue for an originalist interpretation of the Constitution. The conviction of members of the Federalist Society that courts should not do anything that is not listed in the original Constitution makes them great friends to business and to white men, since they focus on the protection of property and deny that laws can regulate business, provide a basic social safety net, or protect minority or women’s rights. The Federalist Society organized in 1982 to push back against what its members felt was an activist court system that tried to reorganize society from the bench. It has been extraordinarily successful in taking over the courts: currently five members of the nine-member Supreme Court are current or past Federalist Society members: Clarence Thomas, John Roberts, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh.
In his speech, Attorney General William Barr claimed he was going truly to be an originalist, and explained by taking American history back to its roots. In contrast to every single American historian in, well, American history, Barr argued that Americans had rebelled not against King George III in 1776, but rather against Parliament. What the Founders feared, he said, was not a strong executive, but rather a strong Parliament. (You can tell where this is going, right?) Barr was setting up the idea that Congress has grown far too strong lately (in fact, virtually every scholar will tell you that it is the Executive that has grown terribly strong since 1981) and that it is badly hampering the president’s ability to do his job. The president should be able to act on his own initiative, and not be checked by either congressional or judicial oversight, Barr insisted, in a theory known as that of the “unitary executive.”
Barr did not stop there, though. He went on to blame “The Resistance” for sabotaging the Trump administration, and claimed that its members were “engaged in a war to cripple, by any means necessary, a duly elected government.” More, he claimed “the Left” is “engaged in the systematic shredding of norms and the undermining of the rule of law.” Conservatives, he said, were at a disadvantage against progressive’s “holy war” because they “have more scruple over their political tactics” especially when facing “a hyper-partisan media.” (You might want to reread those last two sentences.)
Richard Painter, who was George W. Bush’s ethics lawyer, called this a “lunatic authoritarian speech.” Attorneys General are supposed to be non-partisan, and Barr lumped all opposition to Trump as the dangerous far left. The “Left,” in America, generally refers to those few people who advocate for communism—a system in which the government owns and controls all industries and businesses– or anarchy, a system in which there is no central authority at all. It’s actually a pretty small group. But Barr, and other recent Republicans, have included in “the Left” everyone who believes that the government has any role to play in regulating business, providing a basic social safety net, and promoting infrastructure, all those things the Federalist Society opposes. In fact, most of us, regardless of whether we vote Republican or Democratic, want some basic regulations, social welfare programs, and infrastructure development.
But now the Attorney General, who is charged with overseeing our justice system, has declared that anyone standing in the way of Trump is not just a member of “the Left” but also is waging war against America. Painter is quite right: this is the language that enables a leader to imprison people he considers his enemies.
Barr is not saying all this in a vacuum. More news dropped today about the Ukraine scandal, filling in the lines we already suspected. Congress released transcripts today from Tim Morrison and Jennifer Williams, both of whom were deeply involved in the Ukraine mess and were on the July 25 call between Trump and Zelensky. A long-time career official in the State Department, Morrison replaced Fiona Hill as the Senior Director for Russia and Europe in July 2019. Williams is another long-standing career officer in the State Department. Since April 2019, she has been the Special Adviser for Europe and Russia for Vice President Mike Pence. Morrison said that Ambassador to the European Union Gordon Sondland made it clear that aid was being withheld until there was an announcement about an investigation into Burisma, the company on whose board Hunter Biden sat.
This jibed with the opening statement of David Holmes, the political counselor at the Embassy in Kyiv, who testified for seven hours yesterday behind closed doors. Holmes was an eye-witness to the efforts of Trump, his lawyer Rudy Giuiliani, and Ambassador to the European Union Gordon Sondland, to pressure the new Ukraine president Volodymyr Zelensky into announcing an investigation into Burisma, the company on whose board Hunter Biden sat. Holmes’s opening statement was explosive. It was not only first hand, but also it tied Trump directly into the efforts, and it made very clear that the administration was demanding the announcement of an investigation before it would release the money Congress had appropriated for Ukraine’s fight against Russian incursions. Holmes also said that he had reported what he had heard to John Eisenberg, Legal Advisor to the National Security Council, the same man to whom Lt. Col. Alexander Vindman had reported the July 25 call, and, once again, Eisenberg had done nothing. (Eisenberg is refusing to honor a subpoena to testify.)
Then, CNN dropped the story that at last year’s White House Hanukkah party Lev Parnas and Igor Fruman met privately with Trump and Giuiliani. After the meeting, Parnas told two people that the president had given him a secret mission to pressure the Ukraine government to investigate Joe and Hunter Biden. The Wall Street Journal reports that in February, Parnas and Fruman met with the Ukraine President at the time, Petro Poroshenko, and his Prosecutor General Yuriy Lutsenko, offering to invite Poroshenko to a White House State dinner if he publicly announced an investigation. As I wrote here two days ago, this would have boosted both Poroshenko’s and Trump’s reelection campaigns. In March, Lutsenko smeared U.S. Ambassador to Ukraine Marie Yovanovitch to an American reporter and Sean Hannity ran with the story on his show, but the scheme fell apart when voters elected Zelensky instead of reelecting the corrupt oligarch Poroshenko. Then they had to scramble to come up with a new plan, and the whole ham fisted Ukraine scandal took off.
The Ukraine scandal is fleshing out, and it is truly astonishing that there is not more evidence that can be read in Trump’s favor. This increasingly just looks like a shakedown that weakened national security to help Trump rig the 2020 election. Meanwhile, in northern Syria, where Turkish and Russian troops moved in when we moved out, the Russians boasted yesterday that they have now occupied a former U.S. air base.
Trump spent several hours today at Walter Reed hospital. The visit was unexpected and unannounced, but the White House said he had decided to have portions of his annual physical done three months early.
Attorney General Bill Barr Is Getting Roasted for His Outrageous Speech Blasting Progressives
As the impeachment hearings continued, Attorney General Bill Barr on Friday trash-talked Democrats for attempting to “drown the executive branch with oversight demands,” saying they were working for political gain without thinking of the consequences.
“In waging a scorched-earth, no-holds-barred war against this administration, it is the left that is engaged in shredding norms and undermining the rule of law,” Barr told a room of attorneys at the annual gathering of the Federalist Society, a conservative legal group that has been influential in determining President Donald Trump’s nominees for federal judges.
The remarks about Democrats ignoring the rule of law were especially ironic because they came a mere hours after Roger Stone, one of Trump’s previous advisers, was convicted on all counts for lying to Congress during its probe into Russia’s interference in the 2016 election. The attorney general’s speech also came on the second day of presidential impeachment hearings examining allegations that Trump attempted to interfere in the 2020 elections by asking Ukrainian President Volodymyr Zelensky to investigate former Vice President Joe Biden and his son Hunter.
Barr criticized Democrats for launching a “holy war” and using “any means necessary to gain momentary advantage,” while he said conservatives “tend to have more scruple over their political tactics and rarely feel that the ends justify the means.”
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Barr reportedly received a standing ovation, but outside the halls of the Federalist Society, his remarks sparked outrage and intensified calls from the left to impeach not only the president, but the attorney general himself. Others were quick to roast Barr for his statements. “Bill Barr is the type of bare knuckles lawyer the Church would have hired thirty years ago to cover up sex abuse cases,” Richard Painter, a former White House ethics counsel, tweeted.
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“Yesterday AG Barr addressed a radical political group and gave one of the most vicious partisan screeds ever uttered by a US cabinet officer,” Rep. Bill Pascrell (D-N.J.) tweeted Saturday morning. “Barr says trump should have king-like powers. Barr is a liar and a fanatic and should be impeached and stripped of his law licenses.”
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Read Samantha’s complete article which includes the full the two of a number of tweets at the link.
Hours after a new witness testified in the House’s latest impeachment hearing on Friday, Attorney General William Barr railed against Democrats for declaring a “war of resistance against this administration.”
In a speech before the conservative Federalist Society, Barr rebuked lawmakers for probing President Donald Trump’s potential power abuses, suggesting their efforts are illegitimate.
“The sheer volume of what we see today ― the pursuit of scores of parallel investigations through an avalanche of subpoenas ― is plainly designed to incapacitate the executive branch, and indeed is touted as such,” Barr said. “The costs of this constant harassment are real.”
Barr’s portrayal of oversight as harassment echoes Trump’s repeated claims that he is the victim of a partisan “witch hunt” rather than the subject of a justified inquiry into his dealings with Ukraine, which remain at the heart of Democratic-led impeachment proceedings.
“The fact of the matter is that, in waging a scorched earth, no-holds-barred war of resistance against this administration, it is the left that is engaged in the systematic shredding of norms and undermining the rule of law,” Barr added. “This highlights a basic disadvantage that conservatives have had in contesting the political issues of the day.”
President Trump is convinced he has the “absolute right” to do anything from asking other countries to investigate his political opponents to pardoning himself. But he couldn’t possibly tell you why — aside from his innate conviction that “when you’re a star, they let you do it” — you can get away with anything. Enter Attorney General William P. Barr to put a pseudo-intellectual gloss on Trump’s authoritarian instincts. In a Friday night speech to the Federalist Society, Barr gave a chilling defense of virtually unlimited executive authority.
Barr’s wrongheaded assumption was that “over the past several decades, we have seen steady encroachment on presidential authority by the other branches of government.” His view faithfully reflects the conservative consensus of the 1970s when he was a CIA analyst and a law student. Few serious analysts share that view today at a time when the president claims the authority to kill suspected terrorists anywhere in the world without any judicial oversight. In fact, conservatives decried President Barack Obama’s tendency to rule by fiat — for example, in protecting “dreamers” from deportation or reaching a nuclear agreement with Iran that wasn’t submitted for Senate ratification.
Trump has now taken rule-by-executive-order to the next level by declaring a “state of emergency” to spend money on his border wall that Congress refused to appropriate. Trump has also misused his authority in myriad other ways, including obstructing justice (as outlined in a special counsel report that Barr deliberately mischaracterized) and soliciting a bribe from Ukraine to release congressionally appropriated military aid.
Yet, to hear Barr tell it, Trump is somehow denied power by the nefarious “Resistance.” Barr decried Trump critics who do not view “themselves as the ‘loyal opposition,’” but rather “see themselves as engaged in a war to cripple, by any means necessary, a duly elected government.”
Earth to Barr: Trump does not treat his critics as “the loyal opposition.” He calls them “human scum,” “traitors” and “the enemy of the people,” using the language of dictators. And it is Trump and his toadies — not his opponents — who are “willing to use any means necessary to gain momentary advantage.”
Barr went on to blame the “Resistance” for Trump’s failure to get more nominees confirmed. The real problem is Trump’s incompetence and his preference for “acting” appointees to dodge the constitutional requirement to seek the Senate’s “advice and consent.” (Trump has not nominated anyone for nearly 20 percent of the top federal jobs.) If Barr wants to find a real abuse of the confirmation process, he should talk to Merrick Garland.
As devoid of self-awareness as his master, Barr whines about “the pursuit of scores of parallel ‘investigations’ through an avalanche of subpoenas.” He conveniently forgets that Republicans tried to impeach President Bill Clinton for lying about sex and spent years probing the Benghazi, Libya, attack in a failed attempt to blame Hillary Clinton. Trump is stonewalling congressional subpoenas at an unprecedented rate, forcing Congress to seek judicial assistance to enforce legitimate requests for documents and witnesses. But Barr denies that the courts have any right to “resolve … disputes” between the executive and legislative branches — effectively allowing the president to act like a king.
The attorney general went on to rail against judicial review of administration actions such as “the travel ban.” This was ultimately upheld by the Supreme Court after the administration rewrote the initial versions, which constituted clear discrimination on religious grounds. Yet Barr is still aggrieved that the courts dared “to inquire into the subjective motivation behind governmental action” — i.e., to look at Trump’s own words about banning Muslims rather than accept the administration’s disingenuous explanations.
Barr blamed the courts and the president’s critics for the fact that so many administration actions have been challenged in court. The truth is Trump has nobody but himself to blame. Many of the lawsuits accuse the administration of violating the Administrative Procedure Act, which the executive branch can comply with simply by showing that its actions are not “arbitrary and capricious.” This is an incredibly low standard, which is why the normal “win rate” for the government in such cases is about 70 percent. According to the Institute for Policy Integrity at the New York University School of Law, the Trump administration’s win rate is less than 7 percent.
Trump likes to blame such setbacks on “Obama judges,” but many of the judges ruling against him are Republican appointees. Chief Justice John G. Roberts Jr., for example, wrote the 5-to-4 decision in June in which the Supreme Court blocked Trump’s attempt to include a citizenship question on the 2020 Census.
“In this partisan age,” Barr sanctimoniously concluded, “we should take special care not to allow the passions of the moment to cause us to permanently disfigure the genius of our Constitutional structure.” He is right, but not in the way he intended. The real threat to “our Constitutional structure” emanates not from administration critics who struggle to uphold the rule of law but from a lawless president who is aided and abetted in his reckless actions by unscrupulous and unprincipled partisans — including the attorney general of the United States.
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Mary Papenfuss Contributor HuffPost
Finally, let’s hear from Mary Papenfuss, also at HuffPost:
Attorney General William Barr’s latest extreme defense of Donald Trump has triggered a wave of calls for his impeachment — and disbarment.
Richard Painter, the former chief White House ethics attorney in the George W. Bush administration, tweeted that Barr’s remarks Friday before the conservative Federalist Society were “another lunatic authoritarian speech” amid an impeachment investigation into the president. He claimed that Barr — a member of the conservative Catholic society Opus Dei — is “the type of bare knuckles lawyer the Church would have hired thirty years ago to cover up sex abuse cases.”
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Read the rest of Mary’s article at the link.
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Somewhat “below the radar screen:” Barr’s repetition of Session’s blatantly unethical performance by acting as a “quasi-judicial decision maker” in Immigration Court cases where he clearly has both an actual and apparent bias in favor of a party, the DHS, and against another party, the individual migrant, particularly any asylum seeker.
Obviously, viewed through Barr’s perverted historical lens, we’ve made some seriously wrong moves.According to Barr’s interpretation, we should have allied ourselves with Hitler during World War II. Now, there’s a guy who understood the concept of the “Unitary Executive.” And, he sure knew how to deal with opposing legislators, “the resistance,” and others who were “enemies of the state” or of “inferior stock.” Why on earth would we have aligned ourselves with, and helped rebuild, the noxious parliamentary democracies of the West?
One of our allies, Stalin, did actually demonstrate the wonderful power of the “Unitary Executive” — talk about a guy who WAS the State and annihilated all opposition, real and imagined! He certainly would have known what to do with subversives who preached “impeachment” under the Constitution!
But, concededly, Stalin’s godless communism doesn’t fit in well with Barr’s Catholic Christian theocracy (minus, of course, the social justice teachings of Christ and the Catholic Church). Hitler’s pure Aryian Christian superiority was a much better fit with Barr’s historical outlook.
Of course, according to the Barr view, the seminal figure in Republicanism, Abe Lincoln, erred by not aligning himself with Jeff Davis and the Confederacy. Davis certainly knew how to operate without much legislative accountability. And the founders of the Confederacy also possessed Barr’s superior understanding of the relationship between the State and the Divine: “establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity — invoking the favor and guidance of Almighty God.”
Sure, easy to believe that God was always a big fan of enslavement, rape, brutality, white privilege, and theft of services from enslaved African Americans, who also happened to be believers in God. Fits right in with Barr’s dehumanization of Hispanic workers, trashing of LGBTQ Americans, denial of rights to asylum seekers, threats to political opponents, and war on Hispanic Americans who have the audacity of wanting to vote and live peacefully in their communities without being terrorized by DHS enforcement.
George Washington, who wrongly refused to install himself as either King or “President for Life” was, according to Barr’s historical perspective, a dangerous wimp who diminished the potential powers of the “Unitary Executive.”
Undoubtedly, our Founders had their flaws. After all, the Constitution not only enshrined the dehumanization of African Americans, who had actually made the success and prosperity of the American Republic possible, but also excluded the majority of inhabitants from political participation.
But, unlike Barr and his fellow “originalists,” our Founders were largely persons of vision and good will who had enough self awareness and humility to see a better and more dynamic future. They would certainly be shocked and dismayed to find out that rather than viewing our Constitution rationally, as a blueprint to be built upon for a better, more inclusive, more tolerant future, two plus centuries later, individuals like Barr holding supposedly responsible positions under our Republic, would be mindlessly and immorally urging us never to escape the limitations and mistakes of our distant past.
Disturbingly unqualified as he is to serve as our Attorney General, Barr does illustrate the moral and legal bankruptcy of the “fake doctrine” of “originalism.” It’s actually an intellectually indefensible excuse for an empowered, largely White, predominantly male, minority to exclude the majority of America’s inhabitants and their hopes and dreams from full participation in our democracy. It’s as ugly and dishonest as Barr’s own tenure as Attorney General.
