THE HILL: Rappaport Says: “Trump ended DACA in the most humane way possible!” –Hector Barreto, Chairman of The Latino Coalition Agrees!

http://thehill.com/blogs/pundits-blog/immigration/349566-trump-ended-daca-in-the-most-humane-way-possible

Nolan writes:

“Former President Barack Obama established the Deferred Action for Childhood Arrivals (DACA) Program five years ago with an executive order that granted temporary lawful status and work authorization to certain undocumented immigrants who had been brought to the United States as children.

This was not a good idea. It only provided temporary relief and applicants had to admit alienage, concede unlawful presence, and provide their addresses to establish eligibility for the program, which has made it very easy to find them and rush them through removal proceedings.

Instead of giving false hope to the young immigrants who participated in the program and heightening their risk of deportation, Obama should have worked on getting legislation passed that would have given them real lawful status and put them on a path to citizenship. Such bills are referred to as DREAM Acts, an acronym for “Development, Relief, and Education for Alien Minors Act.”

That still is the only option that makes any sense.

. . . .

DACA advocates need to put aside any anger they have over the rescission of DACA and work on getting a DREAM Act passed.

DREAM Acts have been pending in Congress since 2001, and we are yet to see one enacted.  This is what led Obama to establish the DACA program administratively.

A new approach is needed. One possibility would be to base eligibility on national interest instead of on a desire to help as many undocumented immigrants as possible, which is the approach taken by the recently introduced American Hope Act, H.R. 3591. It might more appropriately have been named, “The False Hope Act.”

The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

In a separate blog over on CNBC, Hector Barreto, Chairman of the Latino Coalition echoed Nolan:

https://www.cnbc.com/amp/2017/09/06/on-daca-trump-did-the-right-thing-commentary.html

“The winding down of DACA is the perfect time for Congress to develop effective, compassionate policy on immigration – something most Americans strongly agree we need. The best reforms will be developed through the legislative process, not executive orders – and that’s something else both sides can agree on.

In the meantime, leaders should stay away from inflammatory language and fear mongering. Mass deportations will not happen – it is simply not logistically possible, and it is not what the Trump Administration has called for. It is worth noting how Attorney General Sessions described the government’s next steps:

The Department of Justice has advised the President and the Department of Homeland Security that DHS should begin an orderly, lawful wind down, including the cancellation of the memo that authorized this program. … This [wind down process] will enable DHS to conduct an orderly change and fulfill the desire of this administration to create a time period for Congress to act—should it so choose. We firmly believe this is the responsible path.

Sessions’ words about a “wind down” were rational and calm, indicating an approach that is not drastic or dramatic, not gratuitously painful or overly political. The end of DACA and the beginning of lawful immigration reform can, and should, be handled with this level of maturity and respect – for dreamers for American citizens, and for our nation’s tradition of the rule of law.

PLAY VIDEO

Demonstrators hold signs during a protest in front of the White House after the Trump administration today scrapped the Deferred Action for Childhood Arrivals (DACA), a program that protects from deportation almost 800,000 young men and women who were brought into the U.S. illegally as children, in Washington, U.S., September 5, 2017.

There are no easy or simple answers on immigration, and it’s okay for our leaders to acknowledge that fact. I believe they can find legislative solutions that strengthen America, recognize our proud immigrant tradition, keep the economy strong, and keep our citizens safe and our borders secure. The core elements of President George W. Bush’s immigration reform proposals, for example, met those goals through effective border security, a functioning and humane guest worker program, and a pathway to earned legal status for the undocumented. Given the six-month time frame Congress will have before DACA ends, they would do well to start their work with Bush’s already well-developed proposal.

President Trump even Tweeted on Tuesday that he would revisit the issue if Congress cannot act.”

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Read Nolan’s and Hector’s blogs at their respective links above.

I agree with Nolan’s “bottom line:”

“The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

PWS

09-05-17

 

 

NYT: MASHA GESSEN: “Immigrants Shouldn’t Have to Be ‘Talented’ to Be Welcome”

https://www.nytimes.com/2017/09/06/opinion/daca-immigrants-economic-contributions.html?&moduleDetail=section-news-1&action=click&contentCollection=Opinion®ion=Footer&module=MoreInSection&version=WhatsNext&contentID=WhatsNext&pgtype=article

Gessen writes:

“But what’s wrong with the decision to discontinue DACA is that people — not workers — will be deported. Lives — not careers — will be shattered. The problem is that it’s inhumane. As long as politicians consider it necessary to qualify the victims as “hardworking” or “talented,” they fail to stand up to the administration’s fundamentally hateful immigration agenda.

The reform package backed by Mr. Trump last month also claims to pursue economic aims. Neither Democrats nor Republicans — nor critics in the news media — have taken issue with this underlying premise: They have largely argued that the package proposes the wrong means for reaching economic ends. The plan would limit immigration to the young, highly educated and highly qualified. It would effectively stop immigrants from being able to bring family members to the United States. If an immigrant is but a cog in the economic machine, then what do parents, grown children and siblings matter? The logic is dehumanizing but hardly new or unique to the Republican Party. Mr. Sanders’s campaign plank argued for preserving family-based visas in the following terms: “Family is integral to a worker’s pursuit of happiness and economic productivity.”

Mr. Sanders’s platform made the barest mention of refugees. Mrs. Clinton’s published program made none. Mr. Trump, of course, wanted to drastically reduce the already small number of refugees that the United States accepts.

Refugees don’t fall into the economic logic of immigration. The argument for accepting refugees is not that they are good — for the economy, or for the country’s ability to meet its international obligations, or even because they are good people — but that America is good. This is where the sleight of hand of turning stories of immigrant success into the story of America becomes dangerous. It’s not immigrants’ economic contribution that makes America proud; it’s its adherence to the words inscribed inside the base of the Statue of Liberty: “Give me your tired, your poor/your huddled masses yearning to breathe free” — from the Emma Lazarus poem that the White House adviser Stephen Miller waved away last month during a news conference on immigration reform.

The controversy following Mr. Miller’s comments focused on the poem. But the argument for refugees is less poetic than it is pragmatic. As Arendt wrote in that essay, “the outlawing of the Jewish people in Europe has been followed closely by the outlawing of most European nations.” This was just a first step, Arendt wrote: “The comity of European peoples went to pieces when, and because, it allowed its weakest member to be excluded and persecuted.”

If immigration is debated only in terms of whether it benefits the economy, politicians begin to divide people into two categories: “valuable” and “illegal.” When countries make people illegal, the world comes apart. When we agree to talk about people as cogs, we lose our humanity.”

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Read the complete op-ed at the link.

I generally agree with Gessen: we should save as many lives as possible, at least of folks who are not coming to harm us. We have approximately 11 million individuals living outside the law now; the results have been overwhelmingly a boon both for our country and the individuals. This suggests that we could and should have been admitting hundreds of thousands of additional legal immigrants annually. Yes, there probably is an outer limit. But, we’re nowhere near it, and haven’t seriously and realistically discussed it during my lifetime.

Leaving aside refugees and others in immediate danger, the market influences the flow to a much greater extent than most critics will admit. If there are no jobs and no opportunities, individuals who have a choice will stop coming or go elsewhere. Indeed, I noticed that during recession, some who were already here departed voluntarily, believing that with money they had made in the US, and dwindling opportunities here, they would be better off somewhere else. Moreover, by no means does everyone want to come to the US.

A normalized immigration system would allow us to do better screening of prospective immigrants. Also, if there were reasonable waiting lists for immigration, most individuals would choose to come within the system, rather than outside it. But, when legal immigration is an impossibility, or waiting lists stretch out for a decade for more, the incentive for legal immigration evaporates.

More legal immigration coming through a regularized system would also allow for better security screening, more effective border control, and a much more focused and efficient use of immigration enforcement  resources. There would be a better chance that those coming outside the system would actually be “bad guys” whom we should remove, rather than construction workers, maids, gardeners, refugees of various types, and family members whose apprehension and removal does not serve the national interest.

We  actually have a much more “robust”and expansive immigration system in reality than “on paper.” But, with our overly restrictive legal immigration laws, we have blown our chance to regulate and regularize the inevitable flow of migrants. More restrictions and more arbitrary enforcement in the false name of “rule of law” will not give us control. But, it will be expensive, dehumanizing, and ultimately against our real national interests.

Yes, immigration restrictionists don’t want to face up to the truth about migration. They will continue to push their false and alarmist narratives. But, at some point, the rest of us will do better to act on humane and realistic principles, rather than on fear and loathing.

PWS

09-07-17

IN THE LAWLESS REGIME OF TRUMP & SESSIONS, “RULE OF LAW” REFERS MOSTLY TO LAWS AIMED AT MINORITIES — REGIME PARDONS CONTEMPTOUS, RACIST SCOFFLAW “SHERIFF JOE,” MOCKS ENVIRONMENTAL PROTECTIONS, DISREGARDS ETHICS RULES, UNDERMINES HEALTHCARE LAWS, INSULTS FEDERAL JUDGES, TRIES TO INFLUENCE CRIMINAL INVESTIGATIONS OF BUDDIES, IGNORES POLICE MISCONDUCT, & DITCHES PROTECTIONS FOR INNOCENT DEFENDANTS, WHILE THREATENING TO STRIP LAW ABIDING DREAMERS OF LEGAL PROTECTIONS!

http://www.slate.com/articles/news_and_politics/politics/2017/09/the_law_is_just_a_smokescreen_for_trump_ending_daca.html

Jamelle Bouie writes in Slate:

“When President Trump pardoned former Maricopa County Sheriff Joe Arpaio—then under contempt of court for bucking a federal injunction—he defended the action as necessary for the preservation of law and order. Lawmakers and advocacy groups expressed outrage, and for good reason. Arpaio hadn’t been a force for either law or order. Throughout his career, he repeatedly and flagrantly violated the constitutional rights of the men and women in his jails, to say nothing of his racial profiling, measures that consumed resources at the expense of actual crime in his community. Celebrated for his cruelty, Arpaio embodied a homegrown authoritarianism defined by its racism. And in shielding the Arizona sheriff from the legal consequences of his actions, Trump undermined actual rule of law, subjecting it to his whims and prejudices.

It was ironic, then, to see the president cite the rule of law in criticizing Deferred Action for Childhood Arrivals, an Obama-era executive decree that shielded unauthorized immigrants who had come as children from deportation provided they paid a fee, met certain requirements, and registered with the government. Announced in 2012, almost two years after a successful Republican filibuster of legislation that would have the same effect, the consensus among legal scholars is that the action was legal. But President Trump disagrees. “As President, my highest duty to defend the American people and the Constitution of the United States of America,” he said in an official statement. “At the same time, I do not favor punishing children, most of whom are now adults, for the actions of their parents. But we must also recognize that we are [a] nation of opportunity because we are a nation of laws.”

His attorney general, Jeff Sessions, echoed Trump’s concerns in announcing the end of DACA. “No greater good can be done for the overall health and well-being of our republic, than preserving and strengthening the impartial rule of law,” said Sessions. “To have a lawful system of immigration that serves the national interest, we cannot admit everyone who would like to come here.”

But both odes to the rule of law are difficult to square with the rationale for the Arpaio pardon, even if the pardon was clearly permissible under the president’s broad powers. The former sheriff didn’t just break the law: He violated the constitutional rights of American citizens and disobeyed a court order to cease that conduct. A president seriously concerned with rule of law would not claim Arpaio as an ally (as Trump did) much less pardon him of his offenses.

The natural explanation for this inconsistency is that “rule of law” is a smokescreen meant to obscure the actual reason for ending DACA. That reason is Trump’s own nativism—a driving force of his campaign for president, reflected in the cultural and racial anxiety of his voters—and the anti-immigrant ideologies of key advisers like Sessions and Stephen Miller (who was mentored by Sessions in the Senate). Both men hold deeply nativist worldviews and highly restrictionist agendas for immigration, with the goal of limiting and removing as many immigrants as possible, and creating an inhospitable environment for those who remain.

“Law and order” is just a smokescreen for exclusion.
The official statements from Sessions and the White House illustrate those views. The attorney general, for example, stated that DACA—which he called an “open-ended circumvention of immigration laws”—denied jobs to “hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens,” a claim with no basis in fact but in the myth that immigrants take jobs from Americans. Later, Sessions declares that the failure to enforce immigration laws puts “our nation at risk of crime, violence and even terrorism.” This may be true in the general sense, but it has no relevance to the actual policy in question, which deals with those undocumented immigrants who came to the United States through no act of their own, and who seek to live and work in peace. The statement simply serves to associate immigrants with crime and disorder.

The White House statement is even more reliant on anti-immigrant myths. Trump says that DACA contributed to a “massive surge of unaccompanied minors from Central America” that included “young people who would become members of violent gangs throughout our country, such as MS-13.” This, my colleague Mark Joseph Stern finds, is simply false, an allegation “touted by far-right xenophobes.” Later, the president—like Sessions—connects DACA to a “decades-long failure” to enforce immigration law that has led to “the illicit entry of dangerous drugs and criminal cartels” in addition to other ills. Again, there’s little to support this claim other than familiar anti-immigrant tropes.”

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Read the entire article at the link.

Any time you hear a xenophobic modern day “Jim Crow” like Sessions mention the “rule of law” (which I guess doesn’t apply to sworn testimony before Congress), it’s time to reach for the barf bag (because, according to the law of Sessions, laughing is unlawful). It’s usually followed by some false anti-some-minority narrative read off cue cards written by nativists, Breitbart news, or Stephen Miller (as if there were a distinction).

PWS

09-07-17

 

ALWAYS A PRETTY SAFE BET: “Jeff Sessions is wrong,” Says Sen. Lindsey Graham (R-SC) — (Actually, Sessions Lied And Smeared Some All-American Young People In The Process, But Why Split Hairs?)

http://www.politico.com/story/2017/09/06/daca-dreamers-reaction-lindsey-graham-242370?cid=apn

Louis Nelson reports in Politico:

“Attorney General Jeff Sessions’ assertion Tuesday that so-called Dreamers have taken jobs away from American citizens is “wrong,” Sen. Lindsey Graham declared Wednesday morning, pushing back against his former Senate colleague and calling for compassion from Congress.

“Jeff Sessions is wrong. These kids are not taking jobs from American citizens, they’re part of our country,” Graham (R-S.C.) told NBC’s “Today” show, rebutting Sessions’ assertion from the previous day. “They’re fully employed for the most part, they’re in school, they will add great value. The president is right to want to have a heart for these kids.”

 

The attorney general’s comment about Dreamers, undocumented immigrants who were brought to the U.S. as children, came during his announcement that the Trump administration will rescind DACA, a program that offers work permits to Dreamers and protects them from deportation. Sessions, known as a hawk on immigration issues during his Senate tenure, blamed the program for hurting American job-seekers and for creating a “humanitarian crisis” on the U.S.-Mexico border.”

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Read the complete article at the link.

Sessions lacks credibility even with his own former colleagues from his own party.

PWS

09-06-17

CNN’S TAL KOPAN: The Good Guys Take The Field — File Suit To Protect Dreamers!

http://www.cnn.com/2017/09/06/politics/daca-trump-states-lawsuits/index.html

Tal reports:

“Washington (CNN)Conservative states may have boxed President Donald Trump into announcing an end for the Deferred Action for Childhood Arrivals program — but Democratic state attorneys general are already fighting back.

A coalition of 16 Democratic and nonpartisan state attorneys general filed suit in New York federal court on Wednesday to stop Trump’s sunset of DACA — the Obama-era program that protected young undocumented immigrants brought to the US as children from being deported — and they say Trump’s comments about Mexicans should be used against him.
The groups laid out five different constitutional arguments against Trump’s move, saying it was motivated by discriminatory reasons, that it violated due process by being “fundamentally unfair,” and that it violated laws that dictate procedures for federal regulations.
The lawyers note that most DACA recipients are of Mexican origin and devote a whole section to inflammatory statements Trump has made about Mexicans, including his attacks on a federal judge of Mexican descent.
“As President Trump’s statements about Mexico and those with Mexican roots show, the President has demonstrated a willingness to disparage Mexicans in a misguided attempt to secure support from his constituency, even when such impulses are impermissible motives for directing governmental policy,” the attorneys general wrote.
Trump’s statements as a candidate and President have been used against him in previous lawsuits, most notably challenges against his travel ban earlier this year.
The lawsuit also devotes a section to Texas, the state that pushed Trump to end the program, using a section to describe Texas as “a state found to have discriminated against Latinos/Hispanics nine times since 2012.”

Trump on Tuesday moved to sunset the DACA program, acting in response to a threat from 10 states led by Texas Attorney General Ken Paxton sent in late June, threatening Trump that they’d sue in an unfriendly court if the President didn’t end the program by September 5.
The President said his administration would not accept any new DACA applications from Tuesday onward and that any two-year DACA permits expiring after March 5, 2018, would not be renewed.
Now, those state officials’ Democratic counterparts are hoping they can have the opposite effect on the administration, succeeding in the courts to reinstate the program that has protected nearly 800,000 young people in its time and currently has nearly 700,000 people enrolled.
“Immigration is the lifeblood of New York State,” New York Attorney General Eric Schneiderman said in a statement. “The Trump administration’s decision to end DACA is cruel, inhumane, and devastating to the 42,000 New Yorkers who have been able to come out of the shadows and live a full life as a result of the program.”
“I filed suit against President Trump and his administration to protect DACA because Dreamers are just as American as first lady Melania Trump,” New Mexico Attorney General Hector Balderas said in a statement.

Justice Department spokesman Devin O’Malley said the department is ready to defend itself.
“As the attorney general said yesterday: ‘No greater good can be done for the overall health and well-being of our Republic, than preserving and strengthening the impartial rule of law,'” O’Malley said. “While the plaintiffs in today’s lawsuits may believe that an arbitrary circumvention of Congress is lawful, the Department of Justice looks forward to defending this administration’s position.”

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

Read Tal’s complete article at the link.

I agree with Steve Yale-Loehr and other experts that Federal Courts (other, of course, than Judge Hanen in Texas) usually are reluctant to get into the area of prosecutorial discretion (“PD”). During my “Legacy INS” days, we successfully fended off numerous attempts to judicially review PD.

There were two areas, however, where we sometimes got “pushback” from Federal Judges. One involved claims of systematic racial, political, or nationality bias in PD decisions. The other involved claims that the Government had promised foreign nationals PD as an inducement for testimony or evidence in connection with criminal investigations.

Both of these appear to be implicated here. Indeed, Sessions’s anti-immigrant, anti-Latino rant from yesterday, replete with demonstrable misrepresentations and unfounded innuendo, should be a “treasure trove” for plaintiffs.

Additionally, as I pointed out in a blog from earlier this week, some Federal Judges are already on record as finding unfairness in the DHS practice of soliciting applications for humanitarian relief and then using the application information as proof of removability. The overwhelming majority of DACA applicants were not in enforcement proceedings. The came forward to USCIS voluntarily in response to a Government campaign urging them to apply and promising that application information would not be used against them.

In the past, the racially charged bombastic statements of Trump and his minions have been very useful to plaintiffs in making out a case of invidious motivation.

Finally, the claim that the Sessions DOJ is interested in  preserving and strengthening the rule of law might well provoke laughter in the courtroom. And, Sessions won’t be able to prosecute Federal Judges for reacting to his disingenuous claims the same way he can threaten his activist critics. Indeed, I can only hope that the Federal Judge assigned to this case is astute enough to note that such a ridiculous claim is being made in behalf of a President who consistently disrespects the Federal Judiciary and whose sole act of  clemency to date has been to pardon the notorious racist scofflaw “Sheriff Joe” who was held in  contempt of Federal Court. “Rule of law” indeed!

PWS

09-06-17

 

 

 

 

COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!

Three articles from today show the “clear and present danger” to American democracy, our national security, and our fundamental values stemming from Jeff “Gonzo Apocalypto” Sessions and his radical right — some would say fascist is more accurate — cabal.

While Trump increasingly appears to be a looney incompetent functioning primarily in the early morning “tweetosphere,” Sessions & Co. know a thing or two about how to take over and sabotage government of the people, by the people, and for the people. (Ironically, the “Party of Lincoln” has morphed into  the “anti-Lincoln,” opposed to equality, generosity, democracy, and inclusion.)

First, Dana Milbank in the Washington Post describes “Gonzo the Clown’s” ludicrous attempts to use and abuse criminal law to suppress free public expression of opinions:

“Did you hear the one about Jeff Sessions?

I’d like to tell you, but I can’t. You see, it’s illegal to laugh at the attorney general, the man who on Tuesday morning announced that the 800,000 “dreamers” — immigrants brought here illegally as children — could soon be deported. If you were to find my Sessions jest funny, I would be an accessory to mirth.

This is no joke, because liberal activist Desiree Fairooz is now being put on trial a second time by the Justice Department — Jeff Sessions’s Justice Department — because she laughed at Sessions during his confirmation hearing. Specifically, she laughed at a line about Sessions “treating all Americans equally under the law” (which is, objectively, kind of funny).”

Yeah, I guess what Sessions, a well-established liar, probably a perjurer, really meant was “all Americans except Blacks, Hispanics, Asian Americans, immigrants, migrants, Dreamers, gays, lesbians, transgendered, bisexual, criminal defendants, Democrats, non-Christians, protestors, non-GOP women, and the poor.” Read the rest of Dana’s article here:

https://www.washingtonpost.com/opinions/apparently-its-illegal-to-laugh-at-jeff-sessions/2017/09/05/86b6e48a-9278-11e7-aace-04b862b2b3f3_story.html?hpid=hp_no-name_opinion-card-b%3Ahomepage%2Fstory&utm_term=.c6b057add449

But, the following list of hostile actions that Sessions has already taken at Justice, compiled by CNN’s Gregory Krieg, are no laughing matter:

“*Directed federal prosecutors to pursue the stiffest possible charge in every single criminal case — potentially triggering draconian mandatory minimum sentences the Obama administration tried to avoid on fairness grounds for non-violent offenders.

*Withdrawn an Obama administration directive offering protections for transgender students who wanted to use bathrooms corresponding to their gender identity.

*Reversed an Obama DOJ order that the federal Bureau of Prisons back off new deals with private facilities. “I direct the Bureau to return to its previous approach,” Sessions said in a memo citing concerns that the “future needs of the federal correctional system” would be “impaired.”

*Launched a broad-based effort to reduce federal oversight of local police departments, like those put under increased scrutiny following investigations into alleged abuses. The deputy attorney general and associate attorney general were ordered to review lots of things, including all “contemplated consent decrees.”

*In a move criticized by voting rights advocates, asked state election officials in June to lay out their processes for purging voter rolls of individuals who have become ineligible due to, among other reasons, “death or change of residence.”

*Put in place a policy that could pave the way for an increase in a certain kind of civil asset forfeiture, a controversial practice — in this case a joint federal, state and local version that some departments were accused of using to get around state law — that allows police to seize money or property from suspects who haven’t been convicted of a crime. (The DOJ says it has put new safeguards in place to prevent abuse.)

And more.
Consider Trump’s plan to end DACA. When it came down to it, the President steered clear of the spotlight and let Sessions be the public face of a decision officials from both parties have described as unfair or even cruel.
It’s not the first time Trump has been happy enough — or detached enough, depending on your assessment of the his mindset on these issues — to defer to Sessions or, in cases where executive action is required, follow his lead. Where Trump is primarily focused on how he’s covered in the press and how his actions play with “the base,” officials like Sessions and EPA Administrator Scott Pruitt have shown themselves to be laser-focused on very specific policy points.

. . . .

By his side? None other than a once anonymous aide turned top Trump White House official: Stephen Miller.”

Read Gregory’s complete article here:

http://www.cnn.com/2017/09/06/politics/jeff-sessions-donald-trump-daca-policy/index.html

And, in the Washington Post,  Sarah Posner puts it all in scary context by describing the Bannon-led White Nationalist’s larger program to turn America into a White Theo-Fascist State:

“Now that he is out of the White House, Bannon’s ambitions, if anything, appear to seek an even more enduring footprint on Republican politics. His grand plan is to remake American conservatism, by shifting it away from its long-standing “three-legged stool” coalition of tax-cutters, defense hawks and the religious right. His strategy is to peel away Christian conservatives from that coalition, and to build a new coalition with anti-immigrant, anti-Muslim, far-right nationalists, in order to make the Trump revolution permanent, even after Trump has left the White House.
Consider the headline on a prominently placed “exclusive” published on the site late last night, which heaps the most coveted of Breitbartian praise on Moore: “Judge Roy Moore Embodies Jeff Sessions.” In an interview with Breitbart, Moore says he shares Sessions’s views on immigration and trade, and that he, too, is a “very strict constructionist of the Constitution.” He says he favors impeaching federal judges, even Supreme Court justices, and singles out Obergefell v. Hodges , the landmark 2015 case legalizing same-sex marriage, as warranting impeachment.
Bannon hinted at some of his designs in an interview with me last year. He said that, without the religious right, his base alone lacks the numbers to “to ever compete against the progressive left.”
In Moore, Bannon has found an unabashed proponent of “biblical law.” Bannon doesn’t appear to care much about “biblical law,” but Moore’s overheated depiction of the overreach of the federal government dovetails with the Bannon goal of “the deconstruction of the administrative state.”
Indeed, the Breitbart-Moore alliance is the most vivid example to date of the anti-government, white-nationalist Breitbart forces teaming up with a candidate with shared views on issues such as immigration and the role of the federal government, but which are driven by outwardly theocratic aspirations. Bannon is not seen as an overtly religious figure, but he has actively sought the religious right’s imprimatur for purely political purposes.
As Politico reports, Bannon himself is now using Breitbart to help “orchestrate the push” for Moore’s candidacy in high-level meetings with influential conservative groups.
There is a good deal of overlap between Bannon’s depiction of Trumpism as a revolt against global elites and Moore’s own rhetoric. Moore has long railed at elitists and “tyrannical” government overreach, albeit from a theocratic point of view. He first became a national hero to the religious right over a decade ago, after he was stripped of his post as chief justice of the Alabama Supreme Court for defying a federal court order to remove a 2.6-ton Ten Commandments monument from the state courthouse, because it violated the separation of church and state.
Undeterred, Moore ran unsuccessfully for governor and then again for his state’s top judicial post, regaining his seat in 2012. After a federal court struck down the state’s ban on same-sex marriage in early 2015, Moore pointedly told Alabama’s governor that complying with the federal court order could violate God’s law.
Although Breitbart hardly teems with religious language, Moore shares its conspiratorially dark vision of America, and particularly America’s perceived enemies. When I saw him speak in 2011, when Barack Obama was still president, Moore maintained: “Our government is infiltrated with communists, we’ve got Muslims coming in and taking over where we should be having the say about our principles.” On immigration, he said the government was failing “to protect against invasions” and was “letting anybody come in!”
Ultimately, the Breitbart-Moore alliance offers a hint at where the Trump base is headed. If Bannon has his way, it will evolve into a kind of coalition of anti-immigrant, anti-Muslim white nationalists seeking to disrupt the GOP from within by joining forces with the Christian right, long an essential component of the GOP base. Whether or not Moore wins, if Bannon can keep pushing the Trumpist base in that direction by continuing to solidify that coalition, we can only guess at the consequences that will have for the GOP over the long term.”

Consequences for the GOP, Sarah? What about the consequences for the world and humanity of turning America into a White Fascist State incorporating the worst parts of Christian mythology, while leaving the kind, merciful, inclusive, and forgiving message of Jesus Christ in the dust?

In the first place, fortunately, only a minority of Americans share the Bannon-Sessions White Nationalist dream. So, making it come to fruition has to involve suppressing and overcoming by unlawful or unconstitutional means the will and rights of those of us in the majority.

That’s an old Bolshevik trick. And, indeed, Bannon is a self-proclaimed “Leninist revolutionary” — Sessions is his Trotsky. (Can’t really picture Stephen Miller as Stalin —  but his ability to concoct lies at a moment’s notice and his cold lack of humanity or any discernible decency or human values, along with his disdain for representative government and love of the dictatorial model certainly fits “Papa Joe” to a tee. You could definitely imagine Miller as leader of a Trump “personality cult” in a fascist regime.)

Read Sarah’s complete article here:

https://www.washingtonpost.com/blogs/plum-line/wp/2017/09/05/steve-bannons-grand-disruptive-designs-are-only-getting-started/?utm_term=.80ddcfa9f294

But, that’s not all folks! Intentionally cruel, racist, and gonzo as Sessions’s grand plan of “ethnic cleansing” of Dreamers might be, it would actually cost the US economy an astounding  $215 billion, and that’s a conservative estimate that doesn’t even factor in the billions that would be wasted by DHS and EOIR in arresting and deporting America’s future stars (basically, because they aren’t White. As I’ve said before, no sane person thinks we’d be having this orchestrated “immigration debate” if the migrant population were predominantly white, English as a first language, Christians)!

According to Vanessa Wang in Buzzfeed:

“Reversing the Deferred Action for Childhood Arrivals program could cost the economy $215 billion in lost GDP and cost the federal government $60 billion in lost revenue over ten years, according to the libertarian think tank the Cato Institute.
Ike Brannon, a visiting fellow at Cato, wrote in a recent blog post: “It is important to note that these estimates are conservative, as DACA recipients will likely end up being more productive than their current salaries indicate, as they complete their degrees and gain experience in the workplace. Nor does this analysis factor in the enforcement cost of physically deporting recipients should the program be eliminated, which we believe would be significant.”
California, New York and Florida would bear the greatest costs, according to the Cato Institute’s analysis.
The New American Economy — a coalition of business leaders and mayors “who support immigration reforms that will help create jobs for Americans today” — estimated that the DACA-eligible population earns almost $19.9 billion in total income annually, contributes more than $1.4 billion to federal taxes, more than $1.6 billion to state and local taxes and represent almost $16.8 billion in spending power.
“Despite the rhetoric claiming undocumented youths are a drain on the U.S. economy, 90% of the DACA-eligible population who are at least 16 years old are employed” and contribute meaningfully to the economy, the coalition wrote in a brief.
“Ending DACA will disrupt hundreds of thousands of promising careers and cost the US economy dearly,” said John Feinblatt, President of New American Economy in a statement on Tuesday.
On Tuesday, the Department of Homeland Security said it would shut down DACA in six months, potentially giving Congress some time for a legislative solution. House Speaker Paul Ryan has said there are DREAMers “who know no other country, who were brought here by their parents and don’t know another home. And so I really do believe there that there needs to be a legislative solution.”
“Now it’s imperative for Congress to do what’s right and economically smart – protect the young achievers who know no home but America,” said Feinblatt.”

That’s right folks! The Bannon-Sessions White Nationalists would be willing to damage our economy to the the tune of probably a quarter of a trillion dollars for the sheer joy of ruining human lives and entrenching their White Power structure. In most other contexts, there would be a name for such conduct: “domestic terrorism!”

Here’s a link to Vanessa’s article:

https://www.buzzfeed.com/venessawong/scrapping-daca-could-cost-the-economy-as-much-as-215-billion?utm_term=.xdw9nKYOa#.liAZ2w8Y5

Finally, a number folks have noted that DACA is a DHS/USCIS program. So, why was the Attorney General, who pointedly was stripped of his immigration deportation functions and responsibilities by the Act creating DHS, out there acting like he is the deporter-in-chief and administrator of the DHS (which, by statute, he no longer is.)

 

Well, not suprisingly, I’m not in the Trump Administration’s “inner circle.” So, who knows for sure.

But, to me two things were evident. First, Donald Trump is a coward who didn’t have the guts to be the front man for his own inhumane policy — particularly since Sessions contradicted Trump’s public assurances that he “loved Dreamers,” understood their plight, and that they had “nothing to fear” from him and his Administration because he was going to come up with a”great solution” to their situation.

Second, Sessions has never accepted his secondary statutory and Constitutional role in immigration enforcement. With the weak Gen. Kelly in charge of DHS, Sessions simply pretended like the AG was back at the helm of immigration enforcement. After all, Sessions has spent a lifetime attempting to turn back the clock. This is just the first time that he has gotten away with it without any real opposition.

Kelly was a “bobblehead,” meekly agreeing with Sessions’s most outrageous, unlawful, and inhumane statements. He even lent his name to an infamous Sessions-Miller contrived “letter” asking the President for Travel Ban 2.0 and citing facially bogus statistics and disingenuous arguments attempting to tie individuals from Muslim countries to unrelated terrorist threats. In other words, on immigration enforcement, Kelly’s “substance” was about 1/16″ deep, and I’m being generous.

Obviously, killing the Dreamers’ future while heaping scorn on them was Session’s version of “Super Bowl Sunday:” a chance to publicly reclaim the role of deporter-in-chief, while inflicting gratuitous harm on a gallant but vulnerable (largely non-White) group of young people, and tossing in some gratuitous racist insults and nativist lies in the process. For a guy who has spent a lifetime heretofore unsuccessfully trying to “get back to Jim Crow” (where not coincentally, bogus “rule of law” arguments and “state’s rights” were used by Sessions’s Alabama antecedents to deny Black Americans not only their constitutional rights but in many cases their very lives in the process) this had to be “hog heaven.” Let’s not forget that Sessions has endorsed the blatantly racist and anti-semitic “Immigration Act of 1924” as a model for White Nationalist restrictionist policies. See, e.g.http://www.slate.com/blogs/the_slatest/2017/09/05/jeff_sessions_praise_of_1924_eugenics_immigration_law_remains_insane.html

I’m sure Gonzo pines for the “good old days” of the Chinese Exclusion Laws when America knew how to use the “rule of law”  and just how to treat the folks who built the trans-continental railroad, most of California, lots of New York, and points in between. Declare them to be an “inferior race” — a threat to our cultural integrity —  and throw them out before they can displace the White Americans who exploited their ingenuity and hard labor.

Also, make no mistake about it, if Sessions were able to carry out his gonzo plans to deport Dreamers to foreign lands that most of them have hardly lived in, some will actually die in the process. But, hey, the lives of non-Whites are just “collateral damage” in the Bannon-Sessions world vision.

Sessions is part of our nation’s racist, White Supremacist past that we will need to get beyond to continue to prosper as a country and to lead the free world. The Dreamers can help us do that! The only question for the rest of us is what legal channels are available to move Sessions and his cohorts out of the way so that the Dreamers, along with other immigrants and minorities, can help lead us to a brighter future as a proudly diverse, humane, and powerful nation.

Liz Warren was right! America is better than Jeff Sessions! It’s time we showed it!  

PWS

09-05-17

 

 

NYT EDITORIAL ON DACA: Trump Is A Coward & Sessions Is A Liar

“President Trump didn’t even have the guts to do the job himself. Instead, he hid in the shadows and sent his attorney general, Jeff Sessions, to do the dirty work of telling the country that the administration would no longer shield from deportation 800,000 young undocumented immigrants brought to this country as children.

Mr. Sessions, a longtime anti-immigrant hard-liner, was more than up to the task. In a short, disingenuous speech, he said a program set up by President Barack Obama in 2012 — known as DACA, for Deferred Action for Childhood Arrivals — was a lawless policy that “yielded terrible humanitarian consequences” and denied jobs to hundreds of thousands of American citizens. (Mr. Trump echoed these claims in a statement released by the White House.) Mr. Sessions called DACA “an unconstitutional exercise of authority” and said “failure to enforce the laws in the past has put our nation at risk of crime, violence and terrorism.”

False, false, false and false.

DACA recipients are not threats to public safety or national security; to the contrary, they must have a nearly spotless record to be eligible in the first place. They do not receive legal status in this country, only a two-year, renewable deferral of deportation along with a work permit and eligibility for other government benefits down the road. And they are not taking jobs from native-born Americans, whose declining levels of employment can be chalked up to other factors.

As for the policy’s legality, there’s no question that the president has the authority to set immigration-enforcement priorities. Presidents of both parties have done that for decades, and President Obama did it by focusing on people with criminal records and not on those brought to this country as children. For most of this latter group, the United States is the only home they’ve ever known. About 9 in 10 are working taxpayers, and deporting them could reduce the gross domestic product by over $400 billion over the next decade.

In short, DACA is morally right, legally sound and fiscally smart policy. It was also the only humane choice Mr. Obama had in the face of Congress’s failure to pass any meaningful immigration reform in the last two decades.

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If all that weren’t enough, DACA remains overwhelmingly popular among Americans of all political stripes. Polls put its approval rating at roughly double that of President Trump himself. Even the Chamber of Commerce, usually a reliable backer of the Republican legislative agenda, called the decision to end DACA “contrary to fundamental American principles.”

The only bad thing that could be said about DACA is that, because it was a presidential memorandum, it was always vulnerable to being undone by a shortsighted administration playing to its base.

Now that that has happened, 800,000 people — all of whom gave their personal information and immigration status to the government, believing it would not be used against them — face the prospect of being shipped back to a country they may have no connection to or even remember.

This wouldn’t be a concern if Congress had done its job and passed the Dream Act, which would provide a pathway to citizenship for people brought to this country as children, and which has kicked around Capitol Hill for 16 years. Even though it has been stymied mainly by Republican opposition at every turn, it’s still theoretically on the table. But there’s little sign the dwindling Republican moderates in Congress have the stomach to confront their party’s nativist core. Mr. Trump called on Congress to act, but didn’t have the courage to tell it what he wanted it to do.

Contrast that with President Obama’s willingness to defend a policy that has always had detractors. “Ultimately, this is about basic decency,” Mr. Obama wrote on Facebook on Tuesday. “This is about whether we are a people who kick hopeful young strivers out of America, or whether we treat them the way we’d want our own kids to be treated.”

Mr. Trump has no good rejoinder. That’s partly because there isn’t one and partly because, as is so often the case, he doesn’t fully understand the scope of what he’s done. One would hope that the widespread outrage at Tuesday’s announcement, and the impending suffering of hundreds of thousands of people who’ve done nothing but try to become contributing members of society, might impress it upon him.”

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

Amen!

 

PWS

09-05-17

KOPAN & ACOSTA ON CNN: Administration Memo Advises America’s Dreamers To Prepare To Leave!

http://www.cnn.com/2017/09/05/politics/white-house-memo-daca-recipients-leave/index.html

“Washington (CNN)White House talking points on Tuesday urged DACA recipients to prepare for a “departure from the United States,” a much starker possible future than Trump administration officials used in public when announcing an end to the program.

The statement was contained in a background document that was sent by the White House to offices on Capitol Hill, obtained by CNN from multiple sources.
In the “DACA talking points” memo, the White House laid out a number of bullet points for supporters on Tuesday’s announcement outlining the administration’s action. One bullet point suggests DACA participants should prepare to leave the country.
“The Department of Homeland Security urges DACA recipients to use the time remaining on their work authorizations to prepare for and arrange their departure from the United States — including proactively seeking travel documentation — or to apply for other immigration benefits for which they may be eligible,” the memo says.
Neither the White House or Department of Homeland Security disputed the contents of the document to CNN.”

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

Read the rest of the article, summarizing the Administration’s lies and bureaucratic doublespeak, at the link.

For this Administration, known for its dishonesty, lack of truthfulness, and contempt for our Constitution and laws (they don’t seem applicable to Trump, his family, or his racist criminal cronies like “Sheriff Joe”) to invoke the “rule of law” against Dreamers is truly revolting.

PWS

09-05-17

BUZZFEED NEWS: Gonzo’s Bogus Attempt To Link Dreamers With Terrorism & His Racial Slurs Directed Against Some Of America’s Finest Young People Continue To Draw Fire!

https://www.buzzfeed.com/dominicholden/jeff-sessions-terrorism-in-daca-speech?utm_term=.wwqMWLRLKn#.wwqMWLRLKn

Dominic Holden reports:

“When US Attorney General Jeff Sessions announced the end of the Deferred Action for Childhood Arrivals program on Tuesday, he didn’t merely argue that former President Obama’s immigration policy was legally flawed.

Sessions, among a menu of reasons, claimed failing to crack down on undocumented immigrants increases the risk of crime and terrorism.

Critics quickly scorched Sessions for linking undocumented immigrants with bomb-plotting terrorists in the same speech, saying that data don’t support his claim, and that Sessions’ reasoning reveals ill motives behind cancelling a program that protected some young immigrants brought to the US as children from deportation.

“There is nothing compassionate about the failure to enforce immigration laws,” Sessions said from behind a lectern at the Department of Justice. “Enforcing the law saves lives, protects communities and taxpayers, and prevents human suffering. Failure to enforce the laws in the past has put our nation at risk of crime, violence, and even terrorism.”

But Frank Sharry, executive director of immigration reform group America’s Voice, shot back on a press call that Sessions’ comments were “a distortion and a lie that is regularly spewed by talk radio.”

“That was right out of the nativist playbook,” he said.
Twitter users also jumped aboard, saying the claims amounted to a baseless, racist smear of so-called DREAMers who came to the country as kids.”

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

Read the rest of the story, including more Sessions whoppers and attempts by DOJ to cover up by citing inapplicable data at the link.

Dreamers are the real great Americans and our future. Sessions is a person who has contributed little, if anything, of lasting value to America over a lenthy career on the public dole. He has consistently worked against immigrants, deepened divisions, and seeks to return us to the Jim Crow era of which he is a product.

Liz was right.

PWS

09-05-17

 

 

GQ POLITICS: Jack Moore On Heroes & Cowards — Dreamers Die Protecting Fellow Americans While Trump Lacks Courage To Protect Them!

https://www.gq.com/story/trump-harvey-daca-heroes

Moore writes:

“It was reported this weekend that Donald Trump has decided to end the Deferred Action for Childhood Arrivals program. DACA, was designed for the controversial purpose of protecting those who were brought to this country as young children from deportation, and allowing them the ability to get work visas. I mean, can you even imagine such an outrageous policy? People who had no say in their own arrival in the country and who in so many cases don’t even remember their birthplace, being protected by the government because it’s “the right thing to do” and “only a cruel monster would do otherwise” might seem like a bipartisan win, and yet here we are.
The program will go away in six months, thus allowing the Trump administration to try to blame Congress when they are unable to find a legislative solution to protect these people. And as Trump was making this decision, large swaths of Texas were underwater thanks to the devastation brought about by Hurricane Harvey. And while President Trump may not have been modeling good American ideals, many were as normal Americans took to their boats to try to save trapped families. Among those Americans? Alonso Guillen.
Alonso Guillen was brought to America when he was a young teen, and was allowed protection under DACA. This allowed Guillen to to get a work permit and make a living as a radio DJ without fear of deportation. When Harvey hit and most people were doing everything they could to get out of dodge, Guillen took a borrowed boat and drove into harm’s way to try to save people. Their boat tragically crashed into a bridge where Guillen and a friend died in the water.

The Houston Chronicle has this heart-breaking (and yet inspiring) story from Guillen’s father of his son’s bravery:
Guillen’s father, Jesus Guillen, said he’d asked his son not to try and rescue people in the storm, but he insisted, saying he wanted to help people. He cried and prayed on Sunday afternoon as they pulled his son’s body from the water.
“Thank you, God,” he said, “for the time I had with him.”
In addition to Guillen, other DACA recipients have volunteered in the recovery and were featured on MSNBC’s AM Joy asking Donald Trump to meet with them and see all the good they’re doing. It’s worth noting that these volunteers, as well as Alonso Guillen looked at a tragic situation hitting a major American city and asked “what can I do to help?” Donald Trump didn’t even meet with flood survivors until the Internet shamed him into it for days after his initial photo-op visit to Texas. I sincerely hope President Trump takes these young people up on their offer to meet. He’d learn a lot about what it means to be an American.”

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

Not likely that the “Coward in Chief” would dare go face to face with those he is throwing under the bus. After all, this is a guy who was afraid to throw out the first pitch for the Nationals because he thought he would be booed. (Solution: Better policies, more humanity, stop pandering to the White Nationalist minority = more cheers, fewer boos. Besides who knows, Nats fans are among the politest and most well-behaved I have observed. Nats Park is one of the limited number of venues that deserves to be called “Family Friendly.” Now, perhaps that’s just because 75% of the fans appear to spend 80% of the game on their cell phones.) Trump almost never goes anywhere except to make campaign style appearances before his base in which he touts his divisive policies.

PWS

09-05-17

BREAKING: “GONZO APOCALYPTO” IS POLITICAL POINT MAN FOR ENDING DACA — TRUMP HIDES DURING ANNOUNCEMENT — AG Doesn’t Know Enough Law To Defend African American Voters Or American Kids — Other AGs Able To Do Both — Time For A “Competency Check?”

https://www.washingtonpost.com/news/post-politics/wp/2017/09/05/trump-administration-announces-end-of-immigration-protection-program-for-dreamers/?hpid=hp_rhp-top-table-main_daca-1110a-duplicate%3Ahomepage%2Fstory&utm_term=.7cbb30e0641e

David Nakamura reports for the Washington Post:

“In announcing the decision at the Justice Department, Attorney General Sessions said that former president Barack Obama, who started the program in 2012 through executive action, “sought to achieve specifically what the legislative branch refused to do.”

He called it an “open-ended circumvention of immigration law through unconstitutional authority by the executive branch,” and said the program was unlikely to withstand court scrutiny.

 

The Department of Homeland Security said it would no longer accept new applications for Deferred Action for Childhood Arrivals, which has provided renewable, two-year work permits to nearly 800,000 dreamers. The agency said those currently enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018, will be permitted to apply for two-year renewals as long as they do so by Oct. 5.

New applications and renewal requests already received by DHS before Tuesday will be reviewed and validated on a case-by-case basis, even those for permits that expire after March 5, officials said.

Trump administration officials cast the decision as a humane way to unwind the program and called on lawmakers to provide a legislative solution to address the immigration status of the dreamers. Senior DHS officials emphasized that if Congress fails to act and work permits begin to expire, dreamers will not be high priorities for deportations — but they would be issued notices to appear at immigration court if they are encountered by federal immigration officers.

. . . .

Sessions wrote a memo Monday calling DACA unconstitutional, leading acting Homeland Security Secretary Elaine Duke to issue a memo Tuesday to phase out the program. The decision came on the day set by Texas and several other states to pursue a lawsuit against the Trump administration if it did not terminate DACA.

It is unclear whether the states will still move forward with legal action.

“As a result of recent litigation,” Duke said in a statement, “we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately. We chose the least disruptive option.”

. . . .

The fight now could shift to Congress to act on a bill to grant permanent legal status to the dreamers. A bill called the Dream Act that would have offered them a path to citizenship failed in the Senate in 2010. Several new proposals have been put forward, including the Bridge Act, a bipartisan bill with 25 co-sponsors that would allow extend DACA protections for three years to give Congress time to enact permanent legislation.

But the White House and conservative Republicans could hold out for additional provisions to boost border security, such as funding for Trump’s proposed border wall or new measures to restrict legal immigration.

If DACA is shuttered next year, more than 1,000 immigrants stand to lose their work permits each day once the program is rescinded, according to a recent study by the Center for American Progress, a liberal think tank. Business leaders from major companies, including Apple, Facebook and Google, had lobbied the White House not to terminate the program, citing the economic consequences.”

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

Gee, advance concern that a Federal Court might shut down a program is a new one for Gonzo and the Trumpsters. Didn’t seem to inhibit him from arguing some pretty off the wall positions in defense of the Travel Ban, Sanctuary Cities, or why the Voting Rights Act doesn’t protect voting rights.

And we all know how statements like “they aren’t an enforcement priority” work out in practice. The majority of this Administration’s removals are folks who aren’t “priorities.”

And, notably, neither Kelly nor Duke at DHS had the courage and backbone to rein in arbitrary, wasteful enforcement by immigration agents. So, in the end, it makes no difference what the DHS “fake priorities” are; the line agents will bust anybody the feel like busting — because they can. And, after all, busting law abiding members of the community, often when they show up at DHS to check in or seek relief, is easier than tracking down real criminals. Makes the numbers look good, particularly when you obscure the fact that behind each number is a human face that belongs to a real person. Mostly ordinary people, just like the rest of us.

Also, sticking them on the already overwhelmed Immigration Court dockets without some realistic court reform aimed at restoring due process and wise use of “prosecutorial discretion” to keep cases exactly like the Dreamers off the court dockets? It’s “gonzo!” Big time!

There was a time when the Attorney General and the U.S. Department of Justice stood up for justice for all Americans, including the most vulnerable. But, that was then, this is now. Liz was “right on.”

PWS

09-05-17

THE ECONOMY: TRUMP’S “GONZO” ENFORCEMENT POLICIES LIKELY TO HINDER HOUSTON REBUILDING — “The truth is, there are not a lot of people jumping up and down to do civil construction work in Texas. It’s hot, and these jobs are pouring concrete or, worse, hot asphalt.”

https://www.washingtonpost.com/national/if-they-deport-all-of-us-who-will-rebuild-day-laborers-seen-as-key-to-texas-recovery/2017/09/04/53a22acc-914d-11e7-89fa-bb822a46da5b_story.html?hpid=hp_rhp-top-table-main_harveylaborers-815pm-display%3Ahomepage%2Fstory&utm_term=.e2695f062e16

Arelis R. Hernandez and Aaron C. Davis report for the Washington Post:

. . . .

“More than 200,000 homes sustained damage in the storm, including more than 13,500 that were destroyed, according to early local estimates that don’t provide solid numbers for some of the hardest-hit areas. Leaders in the construction industry have begun sounding alarms that there will not be enough American-born workers to rebuild as quickly as needed.

“If they would relax the rules, honestly, that would be great, we could use it,” said Jeffrey Nielsen, executive vice president of the Houston Contractors Association, whose members include the city’s largest firms that build roads, bridges and other public works.

 

Nielsen said that even before Harvey hit, almost every member of the association was grappling with a shortage of workers. With a crushing list of jobs now growing by the day, thousands need to be hired — and fast.

Nielsen said he and other construction industry officials were told at a weekend briefing that roughly 30 percent of all roads in and around Houston will remain impassable without some construction work.

“The truth is, there are not a lot of people jumping up and down to do civil construction work in Texas. It’s hot, and these jobs are pouring concrete or, worse, hot asphalt,” Nielsen said. “That’s the reality of it, and we need more people than ever.”

There are plenty in and around Houston who might consider taking on the work, which can pay $20 an hour or more, if ID requirements were relaxed, construction industry officials say.

Federal contractors are required to ensure their employees have the proper immigration status to work. (John Taggart/For The Washington Post)
The Houston metropolitan area has the third-largest illegal immigrant population in the country, about 575,000 people, according to a Pew Research Center report this year. Those workers already make up roughly a quarter of all construction laborers citywide, according to the study. Some estimate it could be closer to half.

.  .  .  .

The couple and a crew of local church volunteers are doing some initial work, but soon they will need more specialized help for wiring, reassembling walls and putting in new floors. Would they hire day laborers to help?

“Oh yeah. They need the help too. The government helps us, we help them, and all of us help the economy,” Dave Bushnell said, pointing to a crew of three men pulling up a tree stump at an adjacent home. “You see how hard they work. They’ve probably lost everything too, but they can’t sit and wait for a handout. They’ve got to work.”

.  .  . .

“We are undoubtedly going to need immigrant workers to rebuild Houston,” said Kevin Appleby, director of policy for the nonprofit Center for Migration Studies of New York. “It is clear that immigrants, including those without status, helped to rebuild New Orleans.”

Stan Marek, chief executive of Marek Construction in Houston, sees the damage left by Harvey as big enough to hopefully reset the national debate over illegal immigration.

He and other contractors want a permanent solution that will absorb the existing workforce and train them for the kinds of jobs that Houston and other parts of Texas will need. The storm, Marek said, provides an opportunity to solve an immigration problem in the state while advancing social justice.

“With some supervision and some training, we could kick-start this whole thing to basically integrate these people into society,” Marek said. “Let’s take them out of the shadows and give them the protection of our laws.”

Roberto Benavidez, 45, a Nicaraguan, has been thinking the same thing as he paces in front of a Home Depot in West Houston looking for odd jobs.

“For the country to rebuild Houston, it will need amnesty for immigrants,” Benavidez said. “I get it. It seems like we are busting in the door of your house and asking to stay, but in reality, we are knocking on the door and offering a service.”

For a larger fix, advocates say Bush’s decision after New Orleans can’t be looked at as a model. In September of 2005, the Department of Homeland Security waived worker identification requirements for “victims” of Katrina for 45 days. Critics said it was impossible to determine who was a victim, and it let illegal immigrants from across the country descend on New Orleans and be hired as subcontractors.

Appleby said he sees three likely scenarios under Trump: “Either he does not waive and continues to be strict, or he does not waive but also does not enforce, or he does relax regulations,” he said.

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

The thing about ideological White Nationalist policies is that they never take reality, practicality, humanity, decency, or the best needs of the country into account. And, you can bet that lots of GOP restrictionists down in the Lone Star State will exploit immigrant labor for all it’s worth to rebuild their privileged lifestyle before voting to kick the Latinos out. Want to bet on how many of Lamar Smith’s gerrymandered GOP constituents rely on some form of undocumented workers to maintain their lifestyles?

PWS

09-05-17

 

 

 

 

 

 

 

CNN: TAL KOPAN’S CONGRESSIONAL FORECAST FOR DACA — STORMY — No Quick & Easy Path To Compromise On The Horizon — Will Parties Precipitate National Disaster To Please Respective Bases?

http://www.cnn.com/2017/09/04/politics/daca-congress-trump-decision/index.html

Tal writes:

“Washington (CNN)President Donald Trump’s expected decision to end DACA, but leave some time to save it, punts the popular program that protects young undocumented immigrants to Congress — but passage of a legislative solution remains a steep uphill climb.

Trump is expected to announce Tuesday that he will end the Obama-era Deferred Action for Childhood Arrivals program, but will offer a six-month delay to give Congress time to come up with a fix, according to sources familiar. Those sources have cautioned that this was the President’s thinking as of Sunday night and could shift ahead of his scheduled Tuesday announcement.
Such a plan would put the issue on Congress’ shoulders amid a busy fall, squeezing Republican and Democratic leadership to decide what their bases could swallow to find a compromise that would keep the nearly 800,000 people who benefit from the program from having their lives upended.

. . . . But the devil is in the details — and it remains unclear to insiders of the debate whether both sides can swallow enough of a compromise to reach a solution.
They have been adamant that they will not accept any deal to fund even small amounts of a border wall or increased immigration enforcement, and cuts to legal immigration would be unacceptable.
“Already you’ve seen the fracturing with people saying you need to pass this as part of border security, or other people saying you need to pass this with cuts in legal immigration, and another group saying you need to pass this on its own, and already that lack of consensus makes this unfeasible in Congress,” said Leon Fresco, an immigration attorney, former Obama administration immigration official and former aide to Senate Minority Leader Chuck Schumer.
Fresco also pointed to advocacy groups on the left as key to Democrats’ decision-making. As long as those groups insist, as they do, that they won’t accept a DACA fix in exchange for more enforcement, Democrats are stuck.
“The politicians are being bolstered by the groups, and the groups themselves are saying don’t trade any enforcement for DACA,” Fresco said. “If that were to change, then the fundamental dynamics of the issue would change, but at the moment that’s not where the advocacy community is — they want a fight on DACA to show that the President is on the wrong side of these issues.”

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

Wall funding in return for a DACA with a path to green cards and eventually citizenship seems like a deal that  would allow Trump to throw some “red meat” to his base by delivering on a key campaign promise while minimizing the human damage to our country, our ecomomy, and our future.

“TRUMP” CARDS:

Dems:

Trump can’t legally remove 800,000 Dreamers during his Administration.

See:

BREAKING: Trump Punts DACA To Congress — Will End Program In 6 Mo. Unless Congress Acts!

GOP RESTRICTIONISTS:

Trump will be able to inflict lots of pain and suffering on Dreamers while deporting thousands, forcing others to leave, and making the rest to live in fear or go underground. Dreamers won’t get a chance to vote the GOP out of office (although their kids and grandkids eventually will).

PWS

09-05-17

 

THE HILL: RAPPAPORT ON TEXAS INJUNCTION OF PARTS OF SB 4 — City of El Cenizo v. State of Texas

http://thehill.com/blogs/pundits-blog/immigration/349103-texas-courts-pro-sanctuary-cities-decision-can-cripple

Nolan writes:

“At the end of August, a federal district court in Texas ruled against that state, halting an immigration enforcement law shortly before it was to go into effect.

The court issued a preliminary (temporary) injunction to halt the implementation of five allegedly unconstitutional provisions in Texas’ anti-sanctuary city law, Senate Bill 4 (SB 4), including one that would require law enforcement agencies in Texas to “comply with, honor, and fulfill” any immigration detainer issued by U.S. Immigration and Customs Enforcement (ICE).

This means that the court found a substantial likelihood that the plaintiffs (in this case, the parties opposing the state of Texas) will succeed in establishing that those provisions are unconstitutional when a decision is rendered on the merits of the case.

If the decision on ICE detainers is correct, which seems to be the case, it could cripple ICE’s ability to prevent removable criminal aliens from absconding when they are released from custody by state and local law enforcement agencies.

. . . .

When Texas Governor Greg Abbott signed SB 4 into law, he said that denying detainer requests can have deadly consequences.  This is illustrated by the case of Kate Steinle, who was shot dead by a criminal alien while she was walking with her father on a busy pier in San Francisco.

The alien was a repeat felon who had been deported five times, but the police department that had been holding him released him in disregard of a detainer request because San Francisco is a sanctuary city that does not honor detainer requests.

Preventing the use of detainers could have unintended consequences. If other federal courts agree with the decision’s disposition of the detainer issue; state and local police in every part of the country may have to stop honoring detainer requests, and ICE could use the time that would have been spent following up on detainers to go after noncriminal aliens.

ICE can encourage state and local police departments to participate in the federal 287(g) Program, which allows participants to enter into a partnership with ICE on the basis of a Memorandum of Agreement (MOA). They would receive training on immigration enforcement and delegated immigration authority, which includes the option of being able to detain aliens on the basis of detainers.

But ICE does not have the resources to train and supervise police in all of the state and local law enforcement agencies in the country.

The only solution is for Congress to grant state and local police the authority to detain aliens on the basis of an ICE detainer.”

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Read Nolan’s complete analysis over at The Hill at the link.

I agree with Nolan that the Chief District Judge Orlando L. Garcia’s analysis of SB 4’s constitutional infirmities appears to be correct. I also agree that rationale should eventually require DHS to change its detainer policy nationwide to meet constitutional standards.

That means that a battery of DHS and DOJ attorneys, of which there is no shortage, will have to work with the enforcement branches to come up with effective enforcement methods that comply with our Constitution. Stuff like that happens all the time. That’s why the Government needs good lawyers.

I don’t agree with Nolan that the only way for DHS to function is for Congress to pass legislation turning untrained local cops into immigration officers for the purpose of honoring detainers. Seems like you end up with the same problem, just “dressed up” differently.

I spent over a decade working for the Legacy INS on immigration enforcement matters. Nobody ever doubted that immigration officers could effectively carry out their duties 1) in full compliance with the U.S. Constitution, and 2) without relying on state and local officials. Indeed, the “mantra” of INS Enforcement in those days was “we’re the immigration pros, leave enforcement to us.” I guess times must have changed; but not that much. And, the Fourth Amendment hasn’t changed at all.

I also don’t buy the claim that Abbott was interested in protecting Texans from dangerous crime. No, this was about a White Nationalist agenda designed to put down minorities, particularly in the Latino community, and prevent them from getting their fair share of political power. That’s why, although Latinos make up a large proportion of Texas’s population, Latino leaders generally opposed the GOP’s and Abbott’s racially divisive action.

A bill really aimed at protecting all Texans, regardless of ethnicity or status, from violent crime would have received support from about 98% of residents (who really wants to be a victim of violent crime — almost nobody, as the BIA has observed on a number of occasions) including the overwhelming number  of Latinos. That it didn’t, and that a majority-Latino jurisdiction like El Cenizo is the lead plaintiff opposing the bill says all you need to know about the SB 4’s White Nationalist intent.

There will come a day when the Abbotts, Paxtons, and other denizens of the Texas White GOP will have to share power equitably with Latino and other minority Texans. When that happens, they can only hope that Latino leaders and politicians will have short memories, forgive the racism of the past, and move on to the future treating them with greater respect and consideration than they deserve based on their recent “sharp stick in the eyes” words and actions.

Until that happens — well, as I’ve said before, lots of work for lawyers and judges.

PWS

09-04-17

BREAKING: Trump Punts DACA To Congress — Will End Program In 6 Mo. Unless Congress Acts!

http://www.politico.com/story/2017/09/03/trump-dreamers-immigration-daca-immigrants-242301

Eliana Johnson reports for Politico:

President Donald Trump has decided to end the Obama-era program that grants work permits to undocumented immigrants who arrived in the country as children, according to two sources familiar with his thinking. Senior White House aides huddled Sunday afternoon to discuss the rollout of a decision likely to ignite a political firestorm — and fulfill one of the president’s core campaign promises.

Trump has wrestled for months with whether to do away with the Deferred Action for Childhood Arrivals, known as DACA. He has faced strong warnings from members of his own party not to scrap the program and struggled with his own misgivings about targeting minors for deportation.

 

Conversations with Attorney General Jeff Sessions, who argued that Congress — rather than the executive branch — is responsible for writing immigration law, helped persuade the president to terminate the program, the two sources said, though White House aides caution that — as with everything in the Trump White House — nothing is set in stone until an official announcement has been made.

In a nod to reservations held by many lawmakers, the White House plans to delay the enforcement of the president’s decision for six months, giving Congress a window to act, according to one White House official. But a senior White House aide said that chief of staff John Kelly, who has been running the West Wing policy process on the issue, “thinks Congress should’ve gotten its act together a lot longer ago.”

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Read the complete article at the link.

This could be one of Trump’s shrewder political moves. He doesn’t really have to do anything right now, while getting the issue off his desk and putting pressure on the Dems and those more responsible Republicans who have urged him to retain the program to get their collective act together and legislate.

Now it depends on whether Trump can disengage without the usual barrage of xenophobic White Nationalist race baiting truth-challenged rhetoric that tends to accompany all of his immigration moves. That might be hard for Trump, given his normal need to pander to the basist biases of his base.

There is also the problem of what happens if Congress fails. There is no practical way of removing 800,000 American young people. It’s simply beyond the capacity of the system, not to mention that it would destroy our economy and rip apart our society.

REALITY CHECK: Many U.S. Immigration Courts are already setting “new” non-detained cases out to Individual Hearing dates in 2020 & 2021. As Judge Burman’s remarks in the preceding post suggest, those courts that claim not to be out as far might well be using ADR (“Aimless Docket Reshuffling”) techniques to mask the true extent of the backlog and docketing problem.

A few Dreamers got DACA after the entry of a final order of removal. But, the vast majority either 1) applied before being placed in Removal Proceedings; or 2) had their Removal Proceedings “Administratively Closed” (thereby removed from the Immigration  Court’s “active docket”) after DACA was granted. All of these cases would have to be initially docketed or re-docketed upon DHS motion.

The US Immigration Courts’ docket already extends beyond the end of Trump’s current term in 2021. By the time “Dreamer” cases get to Individual Hearings the next Presidential term likely will have expired. After all, even without Dreamers on the docket, and with additional US Immigration Judges on the bench, backlogs have continued to rise as a result of the Administration’s “gonzo” approach to immigration enforcement.

So far, the Administration has addressed the impracticality of unlimited enforcement of a broken immigration system with a pattern of “random acts of cruelty” intended to spread fear, create unease, and keep ethnic and migrant communities on edge.

Let’s hope Congress can get its act together and solve the problem in a bipartisan manner.  If not, more disruption, dislocation, disorder, and just plain downright arbitrary meanness are likely to follow.

“Bad things will happen” to a country that allows a xenophobic, racist, White Nationalist minority (two-thirds of Americans favor some type of relief for Dreamers) to overrule the majority and attack our country’s most precious asset: the young people who are America’s (and the world’s) future. It’s time for those of us in the majority who aren’t part of the “Trump base” to stand up and be heard in opposition to those who would destroy our country’s future and trash the lives of fine American young people in the process! And, politicians who oppose relief for Dreamers need to be removed from office through the electoral process.

PWS

09-03-17