MARJORIE COHN IN HUFFPOST: Destroying American Justice From The Inside — The “Gonzo-Apocalypto Era” Takes Hold At The USDOJ!

http://www.huffingtonpost.com/entry/jeff-sessions-department-of-injustice_us_590dd80ee4b0f711807244f1

Cohn writes:

“Motivated by his deep-seated biases and those of President Donald Trump, Attorney General Jeff Sessions is pursuing a draconian agenda on voting rights, immigration, crime, policing, the drug war, federal sentencing and the privatization of prisons.

Sessions, now head of the Department of Justice, which is charged with enforcing the Voting Rights Act, once called the act “intrusive.” In 2013, after the Supreme Court issued a decision in “Shelby County v. Holder” that struck down the section of the act that established a formula for preclearance of jurisdictions with a history of racial discrimination, Sessions called it “a good day for the South.”

Sessions and Trump tout the existence of what the Brennan Center for Justice at New York University Law School calls a “phantom crime wave.” While this administration scaremongers about high crime rates, in reality, national crime and murder rates are at a near-historic low: 50 percent less than they were at their peak in 1991.

Trump’s campaign mantra was “law and order,” a euphemism for tolerating excessive force by police officers, often against people of color. Trump speaks of “American carnage” in the cities and a “war” on the police. His bogus rhetoric is aimed at Black Lives Matter, which arose in response to increasing numbers of police shootings, particularly of nonwhites.

The president depicts police reform measures as “anti-law enforcement” and Sessions is fully on board with this framing. In 2015, when he was a senator, Sessions said that police reform movements endanger public safety and hinder police work.

Sessions opposes consent decrees, which are court-enforced agreements aimed at eliminating racial profiling and excessive force by police in agencies that demonstrate “a pattern or practice” of violating civil rights. Sessions says the federal government should not be “dictating to local police how to do their jobs” (except when it comes to immigration enforcement, that is).

Amnesty International warns that Trump and Sessions’ “law and order” rhetoric could lead to higher levels of mass incarceration, long sentences and prolonged solitary confinement.

. . . .

Trump and Sessions are not disappointing the white nationalists who favor using immigration policy as a wedge to further their “alt-right” program.

Kevin de León, President pro Tempore of the California State Senate, noted, “It has become abundantly clear” that Sessions and Trump “are basing their law enforcement policies on principles of white supremacy ― not American values.”

From January to mid-March of this year, immigration arrests have increased by 33 percent. Since Trump’s inauguration, the number of arrests of immigrants with no criminal records has doubled. Roughly half of the 675 arrested in early February raids had either driving convictions or no criminal record at all, according to data obtained by The Washington Post.

Sessions drastically increased penalties for illegal reentry into the United States and ordered immigration officials to charge undocumented immigrants with higher-penalty crimes.

Although Sessions’ heavy-handed actions are based on Trump’s spurious claim that immigrants disproportionately murder and rape US citizens, studies have shown that immigrants actually commit fewer crimes than citizens.

Agents from Immigration and Customs Enforcement (ICE) are arresting immigrants who come to the courthouse. This egregious practice motivated California Supreme Court Chief Justice Tani Cantil-Sakauye to complain in a letter to the Departments of Justice and Homeland Security that ICE agents “appear to be stalking undocumented immigrants in our courthouses to make arrests.”

Terrorizing immigrants with frightful measures discourages immigrant witnesses from reporting crimes, and discourages victims from seeking legal measures and services that are meant to protect their own safety and well-being.

By March, the Los Angeles Police Department had seen a 25 percent drop in the number of Latinos reporting sexual assault and a 10 percent decrease in Latinos’ reports of domestic violence. By early April, there was a 42.8 percent drop in the number of Latinos who reported rapes to the Houston Police Department. And a health care center in Los Angeles reported a 20 percent decrease in food stamp enrollments and a 54 percent drop in enrollments for Medicaid.

The Trump administration has been arresting ― even deporting ― “Dreamers” who relied on Barack Obama’s assurances they would be protected if they came out of the shadows and provided their personal information to ICE. Dreamer Juan Manuel Montes Bojorquez is a registrant in Obama’s Deferred Action for Childhood Arrivals (DACA) program, and was the first DACA recipient to be deported. Bojorquez, who is now in Mexico, is suing the US federal government.

On January 25, 2017, Trump signed an executive order to halt federal funding to municipal governments that don’t facilitate federal immigration enforcement. Trump’s order is aimed at “sanctuary cities” that protect immigrants from deportation.

In March, Sessions threatened officials in nine jurisdictions with losing their 2016 grants if they failed to certify by June 30 that they were in compliance with a law that forbids local authorities from forcing officials to withhold information about immigration status from federal authorities.

But the majority of sanctuary policies do not cover information sharing. Most address how to handle “detainers,” where federal immigration officials request that state or local authorities continue to detain people who are eligible for release. Courts have said jurisdictions cannot be forced to honor those detainers.

Trump’s January 25 order is blocked, for now. US District Judge William H. Orrick III issued a nationwide preliminary injunction that forbids the federal government from withholding funds from municipal governments that don’t fully cooperate with immigration agents.

Orrick also ruled the federal government can’t legally force counties to hold undocumented people beyond their release dates. The judge concluded Trump’s order likely violates due process, the separation of powers doctrine, and the 10th Amendment, which prevents federal interference with state and local self-government. Only Congress can limit spending, Orrick wrote.

This is Trump’s third executive order halted by federal courts. His first and second Muslim bans are now pending in the 9th and 4th Circuit Courts of Appeals.

. . . .

After Trump nominated Sessions for attorney general, Rep. Luis Gutiérrez (D-Illinois) stated, “No senator has fought harder against the hopes and aspirations of Latinos, immigrants and people of color than Sen. Sessions.”

Indeed, no one is worse equipped to lead the Department of Justice. Sessions’ racism is prominently on display in every action he has taken during his short tenure in Trump’s cabinet.

It is critical that “we the people” continue to resist, in every way we can, the Trump-Sessions pattern and practice of injustice.

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild and deputy secretary general of the International Association of Democratic Lawyers. Her books include The United States and Torture: Interrogation, Incarceration, and Abuse; Cowboy Republic: Six Ways the Bush Gang Has Defied the Law; and Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Follow her on Twitter. Copyright Truthout. Reprinted with permission.”

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Read the entire article over on HuffPost.

So much damage in so little time. And, I’m sure the worst is yet to come. Most impressive in a depressingly negative way! Senators Liz Warren, Cory Booker, and others were right!

PWS

05-07-17

THE RAPE THAT WASN’T — MD Prosecutors Drop Charges Against Two Hispanic Students At Rockville High In Case That Administration “Tried” Without Facts In Attempt To “Whip Up” Xenophobia!

https://www.washingtonpost.com/local/public-safety/rape-charge-against-immigrant-teen-in-maryland-case-will-be-dropped-defense-lawyer-says/2017/05/05/a4806c02-312f-11e7-8674-437ddb6e813e_story.html?utm_term=.cc30dc476886&wpisrc=nl_buzz&wpmm=1

The Washington Post reports:

“Maryland prosecutors said they will drop rape and sex offense charges against two immigrant teens accused of attacking a 14-year-old classmate in a high school bathroom stall in a case that attracted international and White House attention and stoked the debate about illegal crossings into the United States.

After a court hearing Friday morning, prosecutors said they will drop the sex-assault case against Henry Sanchez Milian, 18, and Jose Montano, 17.

“The facts of this case do not support the original charges filed,” said Montgomery County State’s Attorney John McCarthy.

Defense lawyers had said for weeks that the sex acts were consensual and that text messages and school surveillance videos did not substantiate the girl’s claims she had been pushed from a hallway into a bathroom at Rockville High School on March 16 and that the suspects took turns assaulting her as she tried to break free.

As prosecutors moved to dismiss the rape cases, they began pursuing cases of child pornography charges related to images discovered on cellphones during the course of the investigation, according to court records and defense attorneys.

Prosecutors did not describe the content or path of the exchanges of the images. Defense attorneys said they were willingly shared by the girl with one defendant, who passed them along to the other.

Sanchez Milian’s attorney, Andrew Jezic, called the charges “selective prosecution of elective promiscuity,” adding that “it is hardly uncommon behavior for teenagers.”

Montano’s attorney, Maria Mena, said the child pornography laws are made to go after adults. She called the new charges “egregious.”

The developments Friday stood in stark contrast to the reports that pushed the case onto the national platform.

The severity of the reported assault — the girl originally told police the suspects held her down as she cried and repeatedly told them to stop — and that the two accused teens had entered the United States illegally only months earlier drew heated comments from the White House to the Maryland State House and to activists in the county.

Montano came to the United States from El Salvador, and Sanchez Milian from Guatemala. They were stopped at the border, detained, then allowed to continue on to relatives before they enrolled at Rockville at a ninth-grade level.

White House press secretary Sean Spicer was asked at a daily briefing about the cases in its early days and said, “The idea that this occurred is shocking, disturbing, horrific.”

“Part of the reason that the president has made illegal immigration and crackdown such a big deal is because of tragedies like this. . . . Immigration pays its toll on our people if it’s not done legally, and this is another example,” Spicer said.”

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Read the entire article at the above link.

Always a good idea to wait for the legal system to operate before passing judgment. And, the idea that anyone in the Trump Administration would give “two hoots and a holler” about a rape victim is facially absurd.

Nope.  It’s all about revving up xenophobia. And, the targets aren’t just those who arrived recently and made claims for protection. Xenophobia, like racism, is an ugly phenomenon. In the end, the Administration’s “white nationalist” agenda threatens all Americans in one way or another (ironically, it even threatens those who think that they stand to benefit from it).

PWS

05-07-17

Is Jeff Sessions About To Go After Tax Credits For U.S. Citizen Kids To Fund “The Wall?” — Sessions’s Motives Questioned — CA Girds For Legal Battle With USDOJ! — Trump Administration Fuels Federal Civil Litigation Bonanza!

http://theweek.com/speedreads/694129/sessions-says-mexicans-pay-border-wall-way-another

Bonnie Kristian reports in TheWeek.com:

“We’re going to get paid for it one way or the other,” Attorney General Jeff Sessions said of President Trump’s proposed border wall while speaking with ABC’s George Stephanopoulos on Sunday. After raising the issue, Stephanopoulos asked if Sessions has any evidence Mexico will fund construction, as Trump repeatedly promised on the campaign trail.

Sessions conceded he does not expect the government of Mexico to “appropriate money,” but maintained the United States has other options to get money from Mexicans. We could “deal with our trade situation to create the revenue,” he suggested, or, “I know there’s $4 billion a year in excess payments,” Sessions continued, “tax credits that they shouldn’t get. Now, these are mostly Mexicans. And those kind of things add up — $4 billion a year for 10 years is $40 billion.”

Sessions appears to be referencing a 2011 audit report Trump also cited while campaigning. As Politifact explains, the report said that in 2011, $4.2 billion in child tax credits was paid to people filing income taxes using an Individual Taxpayer Identification Number (ITIN) instead of a Social Security number. Some of these filers are illegal immigrants, but many are legal foreign workers, and the audit did not say how many are Mexican.

“The vast majority of that $4.2 billion, the filer may be undocumented, but you have to have a child to receive it,” said Bob Greenstein of the Center on Budget and Policy Priorities. “And the children are overwhelmingly U.S. citizens.” Watch an excerpt of Sessions’ remarks below. Bonnie Kristian”

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Go to the above link to see the ABC clip that Kristian references at the end of her article.

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Reaction from Daily Kos wasn’t very subtile. Here’s Gabe Ortiz’s “headliner:”

Racist-as-all-hell Sessions: Child tax credits going to ‘mostly Mexicans’ can pay for the wall

Read Ortiz’s article here:

http://www.dailykos.com/story/2017/04/24/1655786/-Racist-as-all-hell-Sessions-Tax-credits-to-mostly-Mexicans-can-pay-for-the-wall

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Ortiz isn’t the only one to publicly “call out” Sessions’s motivation for his almost daily attacks on immigrants. Here’s what California State Senate leader Kevin de Leon (D-Los Angeles) had to say, as reported in the L.A. Times: “It has become abundantly clear that Atty. Gen. [Jeff] Sessions and the Trump administration are basing their law enforcement policies on principles of white supremacy — not American values. . . .”

Read the full L.A. Times article, including  Republican reaction to de Leon’s remarks, here:

http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-california-senate-leader-says-white-1492803106-htmlstory.html?utm_source=Politics&utm_campaign=b41d4376f3-EMAIL_CAMPAIGN_2017_01_03&utm_medium=email&utm_term=0_db59b9bd47-b41d4376f3-81147225

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De Leon was not the only California public official to strike back at Sessions’s attack on so-called “Sanctuary cities” last week. As reported in the L.A. Times, in a “Battle of the AGs:”

“[California Attorney General Xavier] Becerra said on Friday that threats to withhold federal funds from states and cities that limit cooperation with federal immigration authorities are reckless and undermine public safety.

. . . .

Becerra said Sunday that California is ready to fight any attempt to withhold federal funds.

“Whoever wants to come at us, that’s hostility, we’ll be ready,” Becerra said. “We’re going to continue to abide by federal law and the U.S. Constitution. And we’re hoping the federal government will also abide by the U.S. Constitution, which gives my state the right to decide how to do public safety.”

The state attorney general was skeptical about comments by President Trump in recent days that so-called Dreamers —young immigrants brought to this country illegally by a parent —  will not be targeted for immigration enforcement.

“It’s not clear what we can trust, what statement we can believe in, and that causes a great deal of not just anxiety, but confusion — not just for those immigrant families, but for our law enforcement personnel,” Becerra said.

He also denounced the Trump proposal to build a wall at the U.S.-Mexico border as a “medieval solution” to immigration issues, adding that neither U.S. taxpayers nor Mexico want to pay for the proposal.”

Read there full report here:

http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-u-s-atty-gen-sessions-disputes-1492964508-htmlstory.html?utm_source=Politics&utm_campaign=b41d4376f3-EMAIL_CAMPAIGN_2017_01_03&utm_medium=email&utm_term=0_db59b9bd47-b41d4376f3-81147225

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I reported some time ago that California was “lawyering up” by hiring none other than former U.S. Attorney General Eric Holder to advise on litigation strategies to resist the Fed’s efforts to punish “sanctuary jurisdictions.” Here’s a link to my earlier blog: http://wp.me/p8eeJm-4w.

Lots of Attorneys General and former Attorneys General could be involved in this one before it’s over! As I’ve said from the beginning, whatever he might do for U.S. workers, President Trump is a huge boon to the legal industry! If you doubt this, just go on over to TRAC Immigration and see how civil immigration litigation has increased dramatically under Trump. http://trac.syr.edu/immigration/reports/467/ . (Thanks to Nolan Rappaport for forwarding this to me!)

Instead of solving legal problems, it appears that A.G. Jeff “Gonzo-Apocalypto” Sessions is fixated on going to war with the “other America” that doesn’t share his and Trump’s negative views of immigrants. Stay tuned!

PWS

04-24-17

 

 

 

TIME: Jeannette Vizguerra, Undocumented Activist, Named One Of The World’s 100 Most Influential People! Guess Who DIDN’T Make The List (Hint, Donald Trump, Of Course, Was On It)!

http://time.com/collection/2017-time-100/4736271/jeanette-vizguerra/

America Ferrera, Emmy-winning actor, producer and activist, profiles American heroine Vizguerra:

“Some families have emergency plans for fires, earthquakes or tornadoes. Jeanette Vizguerra’s family had an emergency plan for a dreaded knock at the door. If U.S. Immigration and Customs Enforcement officials came to her home, her children knew to film the encounter, alert friends and family and hide in the bedroom. The Vizguerra family lived in terror of being ripped apart by deportation.

Jeanette moved to the U.S. to be a janitor, working as an outspoken union organizer and building her own company before becoming an advocate for immigration reform—a bold and risky thing for an undocumented immigrant. After fighting off deportation for eight years, she decided to go public with her story and sought refuge in the basement of a Denver church.

The current Administration has scapegoated immigrants, scaring Americans into believing that undocumented people like Jeanette are criminals. She came to this country not to rape, murder or sell drugs, but to create a better life for her family. She shed blood, sweat and tears to become a business owner, striving to give her children more opportunities than she had. This is not a crime. This is the American Dream.”

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Among those who didn’t “make the list:” Attorney General Jeff “Gonzo-Apocalypto” Sessions and DHS Secretary John “The Parrot” Kelly.

PWS

04-23-17

JURIST: Christopher N. Lasch Says Sessions More Interested In Politics Than Justice!

http://www.jurist.org/forum/2017/04/the-political-attorney-general.php

Professor Lasch writes:

“As JURIST previously reported, Attorney General Jeff Sessions has threatened to cut Department of Justice funding to so-called “sanctuary” cities. The Attorney General’s comments during the White House press briefing on March 27, 2017, and on other occasions, demonstrate that our nation’s top law enforcement official is concerned far less with enforcing the law than with pursuing the Trump administration’s political agenda.

Ignoring the Law
Anti-sanctuary politicians like to claim that sanctuary cities defy or flout federal law. President Trump, for example, in his January 25 executive order on interior immigration enforcement, claimed that “[s]anctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States.” Echoing this, Attorney General Sessions on March 27 likewise tried to paint sanctuary policies as defying federal law. He said that the DOJ Inspector General previously “found that these policies … violate federal law.” PolitiFact rightly rated this claim “mostly false” after consulting with immigration law experts and reviewing the Inspector General’s report [PDF], which was fairly explicit in not reaching the conclusion that any particular policy violated the law.

Sessions’s inaccurate portrayal of the Inspector General’s report fits into a larger pattern of dishonesty about the law when it comes to sanctuary policies. His remarks on March 27 suggested that sanctuary policies might violate numerous federal laws. But only one specific statute has ever been cited by those (including President Trump, in his executive order, and Attorney General Sessions, in his March 27 remarks) who suggest sanctuary policies defy federal law: 8 U.S.C. § 1373.

8 U.S.C. § 1373 is a very narrow law, addressed only to prohibitions on local law enforcement sharing information with federal immigration officials concerning a person’s citizenship or immigration status. The overwhelming majority of “sanctuary” policies across the country have nothing to say about such information sharing. (San Francisco, for example, while perhaps the jurisdiction most often maligned by the anti-sanctuary campaign, takes the position that it complies with 8 U.S.C. § 1373). Instead, most policies address whether immigration “detainers” (requests by federal immigration officials for the continued detention of a state or local inmate who is otherwise entitled to release) will be accepted by local law enforcement.

Lack of compliance with detainers is what is really at stake in the current debate over sanctuary cities. We know this because while administration officials point to 8 U.S.C. § 1373 to support the claim that sanctuary policies violate federal law, they fail to discuss any claimed violations of 8 U.S.C. § 1373. Instead, they talk about jurisdictions failing to honor detainers—which is exactly where Attorney General Sessions took the conversation on March 27, trotting out the San Francisco case of Francisco Sanchez and the Denver case of Ever Valles as examples of prisoners released, despite ICE having lodged a detainer–only to be subsequently charged with murder.

We also know that detainers are what is really troubling the administration because the President’s executive order directed the Department of Homeland Security “on a weekly basis, [to] make public a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens.” Attorney General Sessions cited this order on March 27 before turning to the Sanchez and Valles cases, claiming the DHS report showed “that in a single week, there were more than 200 instances of jurisdictions refusing to honor ICE detainer requests with respect to individuals charged or convicted of a serious crime.” The report, it turns out, was riddled with errors—”corrections” to the report issued by DHS included, for example, that Franklin County, Iowa; Franklin County, New York; and Franklin County, Pennsylvania were all erroneously listed as having declined detainers in the first report. Its issuance was discontinued after just three weeks.

Despite the obsession with declined detainers, Attorney General Sessions has in his remarks demonstrated utter obliviousness to the actual law governing detainers. On March 27, Sessions suggested honoring detainers was a “fundamental principle of law enforcement” and in February at a meeting of states’ attorneys general, Sessions called it a “shocking thing” that localities were not honoring detainers. These comments suggest unawareness of a steady stream of federal court decisions since 2014. The Third Circuit US Court of Appeals, in Galarza v. Szalczyk, established that localities cannot be compelled to honor detainers. A district court in Oregon held further that localities can be held liable for Fourth Amendment violations, given that the detention requested by federal officials amounts to a new warrantless arrest that must be justified under the Constitution. This line of precedent was sufficiently strong that the Obama administration put an end to the “Secure Communities” [PDF] program (which relied heavily on detainers) because of it.

If Sessions is aware of this body of law, he is not talking about it.

. . . .

These policy positions, however, are contradicted by all available data. Study [PDF] after study has shown that immigrants, regardless of status, commit crimes at lower rates than citizens. In the words of Michael Tonry [PDF[, “high levels of legal and illegal Hispanic immigration … [are] credited with contributing significantly to the decline in American crime rates since 1991.” And sanctuary policies have not made cities unsafe–the recent study by Tom K. Wong concludes that crime rates are lower and economic indicators are stronger in sanctuary jurisdictions.

JURIST guest columnist Ali Khan recently situated America’s current war on immigrants in global trends of nativism, racism and xenophobia. This, in my view, provides the answer to the question of what “countervailing principles” might cause Attorney General Sessions not only to ignore all available data on immigration, sanctuary, and crime, but to upend traditional Republican views on federal-versus-local control of policing. Trump’s anti-sanctuary rhetoric, I have argued [PDF], is racial rhetoric. It is part of an illogical, counterfactual, counter-legal, and highly successful political formula: Demonizing immigrants wins votes; deporting immigrants wins votes.

Sanctuary cities stand in the way of this political agenda. The Attorney General’s words and actions reveal that, when it comes to sanctuary cities, Jeff Sessions is not serving the role of chief law enforcement lawyer. He is just another politician chasing down votes for the President.”

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Sessions’s latest threats directed against so-called “sanctuary” jurisdictions have drawn some “robust pushback:”

As Jay Croft reports in CNN:

“(CNN)Insulting.

Out of touch.
Inaccurate.
Mayors of some of the so-called sanctuary cities were not impressed Friday with the Trump administration’s latest volley in the dispute over immigration policy. The Justice Department told the local government officials to share immigration information by June 30 on people who have been arrested — or lose federal money.

‘Civil deportation force’

“If anybody in the Trump administration would actually do some research before firing off letters, they would see that the city of New Orleans has already provided the Department of Justice documentation that shows we are in compliance with federal immigration laws,” Mayor Mitch Landrieu said in a statement.

New Orleans Mayor Mitch Landrieu

“This is another example of the Trump administration acting before doing their homework. The New Orleans Police Department will not be a part of President Trump’s civil deportation force no matter how many times they ask.”
He reiterated a point made by sanctuary mayors — that individuals are more likely to report crime and testify if they are not afraid of being questioned about their immigration status.

Values ‘not for sale’

Chicago Mayor Rahm Emanuel didn’t pull any punches, either.

Chicago Mayor Rahm Emanuel

“We’ve seen the letter from DOJ. Neither the facts nor the law are on their side,” Emanuel said.
“Regardless, let me be clear: Chicago’s values and Chicago’s future are not for sale.”
Emanuel’s office said Chicago wants to be seen as a “welcoming” city for immigrants.
In Chicago, $3.6 billion in federal funds are at stake, possibly jeopardizing money to pay for everything from feeding low-income pregnant women to repairing roads and bridges, according an analysis by the Better Government Association, a nonpartisan state watchdog group.

NY mayor: Not ‘soft on crime’

The Justice Department claimed illegal immigration into the country has increased crime in these cities. It called New York City “soft on crime.”

New York Mayor Bill de Blasio

That didn’t play in New York.
“I have never met a member of the New York Police Department that is soft on crime,” Mayor Bill de Blasio said.
In a statement and on Twitter, de Blasio challenged President Donald Trump and Attorney General Jeff Sessions to come to the city “and look our officers in the eye and tell them they are soft on crime.”
Spokesman Seth Stein went a step farther.
“This grand-standing shows how out of touch the Trump administration is with reality,” Stein said.
“Contrary to their alternative facts, New York is the safest big city in the country, with crime at record lows in large part because we have policies in place to encourage cooperation between NYPD and immigrant communities.”
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Session’s tone deaf, xenophobic approach shows little interest in effective law enforcement. Unlike Sessions, over my time at the U.S. Immigration Court in Arlington, I actually had to deal on a face to face basis with both gang members and their victims. Unlike Sessions, I have actually denied bond to and entered orders of removal against established gang members. I’ve also granted relief to victims of gang violence and watched the U.S. legal system intentionally “turn its back” on other victims in dire need of protection.
I have a daughter who as a teacher has had to deal on a day to day basis with some gang issues in the schools and the community in a constructive manner, rather than the harsh platitudes coming out of Sessions’s mouth.
From my perspective, a credible effort to reduce gang violence in the U.S. would require:
1) confidence and close cooperation with the migrant communities across the U.S. (for example, the Northern Virginia Regional Gang Task Force, established with the help of Congress and the efforts of former Rep Frank Wolf has a much more nuanced and potentially effective “multi-faceted” approach to gang violence than the “talk tough, threaten, blame immigrants” approach Sessions is purveying; many of the gang-related cases I got at the Arlington Immigration Court stemmed from the efforts of the Task Force working positively in immigrant communities);
2) a sound voluntary working relationship with local police, community activists, and school officials that concentrates on reducing violent crime and making young people feel included and valued, not focused on “busting” undocumented migrants,
3) recognition that while deportations of gang leaders and members who are not U.S. citizens might be necessary, it will not solve the problem (indeed, since gangs control many of the prisons in Central America and have also have compromised the police and the some government officials, removal to, or even imprisonment in, the Northern Triangle is akin to a “corporate reassignment” for gang members);
4) an acknowledgement that U.S. deportations are what basically started, and then fueled, the “gang crisis” in Central America — MS-13 was actually “Born in the U.S.A.” (with apologies to Bruce — L.A. to be exact)  and “exported” (or perhaps more properly “deported”) to El Salvador after the end of the civil war; and
5) a program of at least temporary refuge for those fleeing gang violence in the Northern Triangle, many of whom now are effectively being told by the U.S. that joining gangs or giving in to their demands for extortion or assistance represents their only realistic chance of survival.
A long-term program to address the problems of gangs, drugs, violence against women, endemic public corruption, poor education, substandard health care, and gross economic inequality at the “point of origin” in the Northern Triangle is also needed, along with cooperative programs to encourage other stable countries in the Americas, such as Canada, Mexico, and Costa Rica to share the responsibility of providing at least “safe haven” to those fleeing the Northern Triangle.
Our current national policies, and particularly the ones advocated by Sessions and parroted by Secretary Kelly, actually appear likely to  further the power and influence of gangs rather than curbing it. Indeed, as fear and distrust of our Government and the police spreads in migrant communities throughout the U.S., the power, protection, and authority of criminal gangs in the community is almost certainly going to be enhanced.
I think it’s also useful to “keep it in perspective.”Although the power of individual gangs has ebbed and flowed with time, gangs are a well-established historical phenomenon. Indeed, at least one historian has pointed to continuous battles between warring barons and their respective knights as the antecedents of today’s criminal gangs: ruthless, violent, structured on loyalty and fear, greedy, and insatiable. The United States probably does as good a job as any country of dealing with and controlling gang violence. But, it’s unlikely that even we are going to be able to completely eliminate it, any more than we will be able to completely eradicate crime.
PWS
04-22-17

LA TIMES: Trump’s Hard Line Immigration Positions Fueled His Election, But Could Cause His Downfall — Restrictionists On The Wrong Side Of Public Opinion (& History) — Will “Counter-Mobilization” Match Restrictionists’ Energy & Organization At Election Time?

http://www.latimes.com/opinion/op-ed/la-oe-klinker-immigration-election-20170417-story.html

Philip Klinkner writes in an op-ed:

“Ever since he announced his presidential campaign in July 2015, Donald Trump has made opposition to immigration central to his political strategy — and pundits have debated whether this strategy was effective. He won, of course, but did he win despite his aggressive rhetoric, or because of it?

Data from the recently released American National Election Study has finally provided an answer: Immigration was central to the election, and hostility toward immigrants animated Trump voters.

Comparing the results of the 2012 and 2016 ANES surveys shows that Trump increased his vote over Mitt Romney’s on a number of immigration-related issues. In 2012 and 2016, the ANES asked respondents their feelings toward immigrants in the country illegally. Respondents could rate them anywhere between 100 (most positive) or 0 (most negative). Among those with positive views (above 50), there was no change between 2012 and 2016, with Romney and Trump each receiving 22% of the vote. Among those who had negative views, however, Trump did better than Romney, capturing 60% of the vote compared with only 55% for Romney.

Attitudes toward immigrants in the country illegally speak to why some voters switched parties between 2012 and 2016. Among those who voted in both elections but didn’t switch their vote, the average rating of immigrants in the country illegally was 42. Among those who switched from Romney to Hillary Clinton, it was 41. But those who switched their vote from President Obama to Trump were much more negative, with an average rating of only 32.

However, Trump’s support wasn’t limited to just those who oppose immigrants residing in the country illegally — he also picked up votes among those who want to limit all immigration to the United States. In 2012, Romney received 58% of the vote among those who said they think that “the number of immigrants from foreign countries who are permitted to come to the United States” should be decreased. In 2016, Trump got 74% of the vote among those who held this view.

Overall, immigration represented one of the biggest divides between Trump and Clinton voters. Among Trump voters, 67% endorsed building a southern border wall and 47% of them favored it a great deal. In contrast, 77% of Clinton voters opposed building a wall and 67 % strongly opposed it.

. . . .

Trump won in 2016 by mobilizing the minority of Americans with anti-immigration views — but only because he avoided an offsetting counter-mobilization by the majority of Americans with pro-immigration views. Now that he is president and his immigration views can’t be dismissed as mere campaign rhetoric, that counter-mobilization may finally be manifesting itself.

Widespread protests against Trump’s executive order barring individuals from several Muslim countries, congressional skepticism about the effectiveness and cost of Trump’s proposed wall, and increased awareness of the negative effect that his policies are having on U.S. businesses, schools and families suggest a growing backlash. Should that backlash develop and sustain itself, the immigration views that helped Trump in 2016 might prove to be his undoing.”

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

I’ve commented that notwithstanding Trump’s outrageous statements about immigrants, and the racist, white nationalist tinge to many of his supporters’ rallies, the passion and organization of the opposition that has appeared since the inauguration seems to greatly exceed that displayed by Hillary supporters during the election, when it probably would have made a material difference in the outcome.

And, yes, racism does appear to have been a significant factor driving a portion of the Trump electorate. See this article by Thomas Wood in the Washington Post “Racism motivated Trump voters more than authoritarianism” https://www.washingtonpost.com/news/monkey-cage/wp/2017/04/17/racism-motivated-trump-voters-more-than-authoritarianism-or-income-inequality/?utm_term=.9942049017ca.

PWS

04-17-17

“GONZO-APOCALYPTO:” The Ominous Cloud Hanging Over American Justice — In Good Friday Editorials, Both NYT & WashPost Blast Sessions’s Dark, Distorted, “Gonzo-Apocalypto” Vision Of America!

First, the Washington Post ripped Sessions’s “embarrassing” withdrawal of support from African Americans and other minorities challenging the State of Texas’s scheme to disenfranchise them. A Federal Judge has twice found in favor of the plaintiffs — once with the DOJ’s support and once without!

“BLASTING “A PATTERN of conduct unexplainable on nonracial grounds, to suppress minority voting,” U.S. District Court Judge Nelva Gonzales Ramos on Monday repudiated Texas’s voter-ID law, the strictest in the country. Asked by appeals court judges to reconsider her expansive 2014 ruling against the law using slightly different evidence, Ms. Ramos reaffirmed her previous determination that “the law places a substantial burden on the right to vote, which is hardly offset by Texas’s claimed benefits to voting integrity.” She found that racial discrimination was at least a partial motivation for the law, a step toward reestablishing federal supervision over Texas’s voting procedures, per the Voting Rights Act.

Given the ruling and the mountain of evidence, it is embarrassing that the Trump Justice Department dropped its support for the contention that the Texas voter law is purposely discriminatory.

The legal question is not close. “There has been a clear and disturbing pattern of discrimination in the name of combating voter fraud,” Ms. Ramos wrote in 2014. The only type of fraud the law could combat — voter impersonation — hardly ever happens. Meanwhile, the law’s backers knew it would disproportionately impact minority voters; in fact, they designed it so. “The Texas Legislature accepted amendments that would broaden Anglo voting and rejected amendments that would broaden minority voting,” Ms. Ramos found in her 2014 examination. Texas accepts relatively few forms of identification at the polls, and those it does accept, such as gun licenses, are those white Texans tend to hold. Unlike many voter-ID states, Texas does not relax ID rules much for the elderly or the indigent, though obtaining an accepted ID can be surprisingly time-consuming and expensive.”

Read the complete editorial here: https://www.washingtonpost.com/opinions/its-time-for-the-justice-department-to-disown-texass-discriminatory-voting-law/2017/04/13/ee63a0e0-1ef7-11e7-ad74-3a742a6e93a7_story.html

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

Meanwhile, A NY Times editorial slammed Session’s disingenuous plan to make immigrants the “#1 target” of law enforcement in the “Trump era.” The emphasis is mine.

Here’s the full editorial:

Attorney General Jeff Sessions went to the border in Arizona on Tuesday and declared it a hellscape, a “ground zero” of death and violence where Americans must “take our stand” against a tide of evil flooding up from Mexico.

It was familiar Sessions-speak, about drug cartels and “transnational gangs” poisoning and raping and chopping off heads, things he said for years on the Senate floor as the gentleman from Alabama. But with a big difference:  Now he controls the machinery of federal law enforcement, and his gonzo-apocalypto vision of immigration suddenly has force and weight behind it, from the officers and prosecutors and judges who answer to him.

When Mr. Sessions got to the part about the “criminal aliens and the coyotes and the document forgers” overthrowing our immigration system, the American flag behind him had clearly heard enough — it leaned back and fell over as if in a stupor. An agent rushed to rescue it, and stood there for the rest of the speech: a human flag stand and metaphor. A guy with a uniform and gun, wrapped in Old Glory, helping to give the Trump administration’s nativist policies a patriotic sheen.

It was in the details of Mr. Sessions’s oratory that his game was exposed. He talked of cities and suburbs as immigrant-afflicted “war zones,” but the crackdown he seeks focuses overwhelmingly on nonviolent offenses, the document fraud and unauthorized entry and other misdeeds that implicate many people who fit no sane definition of brutal criminal or threat to the homeland.

The problem with Mr. Sessions’s turbocharging of the Justice Department’s efforts against what he paints as machete-wielding “depravity” is how grossly it distorts the bigger picture. It reflects his long fixation — shared by his boss, President Trump — on immigration not as an often unruly, essentially salutary force in American history, but as a dire threat. It denies the existence of millions of people who are a force for good, economic mainstays and community assets, less prone to crime than the native-born — workers, parents, children, neighbors and, above all, human beings deserving of dignity and fair treatment under the law.

Mr. Sessions is ordering his prosecutors to make immigration a priority, to consider prosecution in any case involving “transportation and harboring of aliens” and to consider felony charges for an extended menu of offenses, like trying to re-enter after deportation, “aggravated identity theft” and fraudulent marriage.

He said the government was now detaining every adult stopped at the border, and vowed to “surge” the supply of immigration judges, to increase the flow of unauthorized immigrants through the courts and out of the country. He has ordered all 94 United States attorney’s offices to designate “border security coordinators,” no matter how far from “ground zero” they are.

Mr. Sessions and the administration are being led by their bleak vision to the dark side of the law. The pieces are falling into place for the indiscriminate “deportation force” that the president promised. Mr. Sessions and the homeland security secretary, John Kelly, have attacked cities and states that decline to participate in the crackdown. Mr. Sessions has threatened these “sanctuary” locales with loss of criminal-justice funding, on the false assertion that they are defying the law. (In fact, “sanctuary” cities are upholding law and order. They recognize that enlisting state and local law enforcement for deportation undermines community trust, local policing and public safety.)

Mr. Kelly recently told a Senate committee that all unauthorized immigrants are now potential targets for arrest and deportation. And so an administration that talks about machete-waving narco killers is also busily trying to deport people like Maribel Trujillo-Diaz, of Fairfield, Ohio, the mother of four citizen children, who has no criminal record.

“Be forewarned,” Mr. Sessions said in Arizona. “This is a new era. This is the Trump era.”

Let’s talk about this era. It’s an era when the illegal border flow, particularly from Mexico, has been falling for 20 years. When many of those arriving from Central America immediately surrender to border agents — having fled to the United States to find safety, not to do it harm. When American border cities enjoy safety and vitality, thanks to immigrants. When a large portion of the unauthorized population has lived here for years, if not decades, with clean records and strong roots. When polls show that Americans back reasonable and humane immigration policies giving millions a chance to get right with the law.

President Trump has shown his mind to be a place where ideas and principles can morph without warning or explanation. It is a vacuum that allows ideologues like Mr. Sessions — who know their minds — to do their worst. On immigration, that is a frightening thing to contemplate.

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

“Gonzo-Apocalypto” has to be the “word of the day.” What a perfect term to describe Jeff Sessions.

In a grotesque display of disingenuous hypocrisy, Sessions referred to “drug cartels and ‘transnational gangs’ poisoning and raping and chopping off heads.” These are exactly the things causing scared, defenseless women and children to flee for their lives from the Northern Triangle and seek refuge in the U.S. But, instead of refuge they find: well, Jeff Sessions, Donald Trump, Steve Bannon, Stephen Miller, Gen. John Kelly and others anxious to stomp out their humanity in the false name of “law enforcement.”

Turning to civil rights, I watched on the TV news last night two clips of brutal beatings and stompings of African Americans by white police officers. One victim was accused of “jaywalking”  — that’s right, “jaywalking.” The other was “driving without a license plate.” I was wondering how, after all the recent publicity, those officers could have engaged in such conduct, “on camera” no less.

Unfortunately, the answer is pretty simple “Black Lives Don’t Matter,” an attitude that obviously has just become instinctive for too many U.S. police officers. I couldn’t imagine a white pedestrian or a white motorist being treated that way in our multi-racial but predominantly white neighborhood.

Yes, the officers involved were disciplined. I believe that most or all of them were either fired, prosecuted, or both. But, that’s not the point!

The object is to prevent misuse of force by police, not to fire, prosecute, or otherwise discipline more policemen. And, prevention without compromising effectiveness of policing is exactly what the carefully crafted “consent decrees” with some problematic cities developed by the Civil Rights Division under AGs Loretta Lynch and Eric Holder achieved.

Those are the very decrees that Sessions immediately announced an intent to “review” with an obvious eye toward withdrawing or undermining them. Look at the childish behavior in the U.S. District Court in Baltimore, MD, when DOJ attorneys, acting on Sessions’s behalf, withdrew their support from the consent decree and basically refused to participate in a long-scheduled public hearing. Fortunately, the judge has the good sense to go ahead and approve and finalize the consent decree without any participation by DOJ, leading to even more childish whining from Sessions about the horrors of infringing on local law enforcement in the name of African American citizen’s constitutional rights.

The very public “green light” that Sessions has given to law enforcement to run over citizen’s rights as they please, without any fear of DOJ intervention, so long as they are “enforcing the law” — like busting jaywalkers, license plate violators, and presumably undocumented aliens — no doubt plays a role in the continuing anti-minority policing being conducted by some law enforcement agencies.

Sessions “bristles” when anyone uses the term “racist” to describe him. Sessions was given a chance to make good on his (obviously false) promise during his confirmation hearings to turn over a new leaf and look at the responsibilities of being Attorney General for all Americans differently from representing Alabama in the U.S. Senate.

Unfortunately,  his actions have proved that all of the charges his detractors made against him are as true now as they were when he was, quite properly, denied a U.S. judgeship many decades ago. If the shoe fits, wear it. And, sadly, this “shoe” fits Sessions “like a glove.” Liz was “right on.”

Finally, DHS Secretary John Kelly will see his distinguished career in public service end in ignomany if he continues “toadying up” to the ethno-nationalist views of the Sessions-Bannon-Miller crowd on immigration enforcement. Most of the arrests, deportations, detentions, denials of asylum, and removals Sessions is touting in his haste to become the new “Immigration Czar,” actually are within the jurisdiction of DHS. But, these days, you’d hardly know that Sessions isn’t in charge of DHS enforcement as well as Justice. If Kelly isn’t careful, he’s going to develop a neck injury from constantly nodding his head to every absurd “gonzo-apocalypto” immigration enforcement initiative announced by Sessions.

PWS

04-14-17

U.S. Kids Rally At White House Against Trump’s Deportation Agenda — “Don’t make us orphans in our own country!”

http://www.huffingtonpost.com/entry/immigrant-kids-white-house-protest_us_58f0069ee4b0da2ff85f9183?r9b&ncid=inblnkushpmg00000009

Michael McAuliffe reports in HuffPost:

“WASHINGTON — American children whose parents are undocumented immigrants brought a heartrending plea to the White House and President Donald Trump on Thursday: Don’t make us orphans in our own country.

The kids, among dozens who were organized by the group We Belong Together, fear that Trump’s crackdown on illegal immigration could deport their parents, even if they haven’t run afoul of the law in any other way.

Deportations dramatically increased during the Obama administration, but the focus was on immigrants who had committed serious crimes. The Trump administration’s orders stepping up enforcement include just about anyone.

Those undocumented immigrants often have American children. And they are afraid.

“I live with the fear of being separated from my mother every day,” said Leah, an 11-year-old from Miami whose mother is a domestic worker facing a deportation order.

“It is like when somebody you care about can die at any moment,” she added, standing outside the White House, accompanied by activists and other kids.  “Why can’t I just enjoy being a kid? I cannot sleep or do my homework. All I can think about is my mother being taken away from me. I am so worried about my life.”

A mom of two children who is in hiding narrowly avoided likely deportation in February, when she sought sanctuary in a Denver chuch. Jeanette Vizguerra, who has reported to Immigration and Customs Enforcement regularly for 20 years while she sought a visa to escape violence in Mexico, fled a hearing on her case when her advocates noticed a squad of police apparently ready to arrest her.

“My mom has been going through the struggle of getting threatened and us getting scared by ICE,” said her son, Roberto, 10.

I think it’s not fair for children to be living in fear or for parents not to be able to be with their children,” said her daughter, Luna, 12.

While those children and others all spoke of the worry they have of their own government, they also declared they would not relent in their bids to keep their families and other kids’ families whole.

“I want to tell Mr. Trump that he is a bully, and no matter how mean he is, and no matter how hard he tries, he will never break out spirit,” Leah said. “We are not afraid of you.”

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

What kind of country makes “orphans of their own children?” What kind of national values do these “instill fear” programs represent? Whatever happened to the positive national values set forth by FDR and JFK?

Way back before there were Presidents, an inspirational leader once said:

“Suffer little children to come unto me, and forbid them not: for of such is the kingdom of God.”

Luke 18:16

Not a bad thing to think about on Good Friday and over Easter weekend.

Sadly, some of today’s leaders seem to have shifted the message to “let me make the little children suffer.” Wonder what He would have thought about that?

PWS

04-14-17

FEEL GOOD STORY OF THE DAY: ICE Gives U.S. Army Vet’s Wife Extension!

https://www.washingtonpost.com/local/a-wonderful-day-a-veterans-undocumented-wife-wont-be-deported-by-ice/2017/04/04/9562c3f6-18ba-11e7-bcc2-7d1a0973e7b2_story.html?utm_term=.3b06c1625904&wpisrc=nl_buzz&wpmm=1

Theresa Vargas reports in the Washington Post:

“BALTIMORE — For months, Veronica Castro had dreaded Tuesday, when she was scheduled to check in with immigration officials.

The undocumented immigrant didn’t know whether she would be detained and deported to Mexico or allowed to return home with her husband, a disabled veteran, and their four children, all U.S. citizens who live in Lothian, Md.

On Tuesday, as she and her husband stood in a crowded office in the George H. Fallon Federal Building here, their fears were allayed in less than 30 minutes.

Immigration officials gave Castro another year before she would have to check in again.

“I’m happy,” she said in Spanish, smiling.
“It’s raining, but it’s a wonderful day,” said her husband, Ricardo Pineda, who served in the Army for six years and reached the rank of sergeant. “We get another year, one more year to be together, and hopefully more.”

Three clergy members had accompanied the family into the immigration office, a tiny room with 11 chairs and a flier on the wall that warned of an MS-13 member wanted for murder in Honduras. As they stood in the elevator heading down, a stranger noticed them and asked if there were religious services in the building.

“God is everywhere,” Pineda told him.

Outside, a crowd had gathered to show the family support. Among them was a pastor who had traveled from Chicago and local immigration rights activists who had formed groups only after President Trump’s inauguration. They held signs to let the family know they weren’t alone. “We love you,” read one. “Safety for all,” read others.

Those in the crowd had prayed together and listened as Castro told them her family’s story. The 38-year-old told them about her husband’s medical needs. Pineda, 47, received a medical discharge from the Army and takes medication for diabetes, depression and pain in a hand he injured during combat training. She told them about her four children, two of whom have disabilities. The couple’s 14-year-old son has cerebral palsy and their 17-year-old was left with brain damage after heart surgery as a toddler. His mother helps him bathe, get dressed and walk to and from the bus each day.”

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

Kudos to everyone involved here. To Sgt. Pineda and Ms. Castro for having the courage to do the right thing by reporting in accordance with the law and for trusting in “the system.”

To the ICE officials in Baltimore who took the time to understand the facts and had the courage to exercise discretion and do the right thing by allowing Ms. Castro to stay. ICE is taking lots of grief from lots of folks these days (including me), and it’s a good reminder that the overwhelming majority of ICE Officers, including most that I have known over the years, are conscientious professionals doing a very hard job and who, when allowed to do so, often use their discretion to to save individuals that the “law has forgotten.”

And, of course, we shouldn’t forget the couple’s lawyer and the many friends and community supporters who stood with them during this difficult time.

Finally, we only learn about these incidents, both good and bad, from fine reporters like Theresa Vargas who take the time to cover the “human side” of the immigration drama from all angles.

PWS

03-04-17

 

WashPost: “Rural America” Isn’t As “White” As Most People (& Politicians) Think — “People Of Color” Are 20% — And, Even More Than Their White Counterparts, They Are Being Ignored By The Rest Of Us!

https://www.washingtonpost.com/opinions/theres-a-big-part-of-rural-america-that-everyones-ignoring/2017/03/24/d06d24d0-1010-11e7-ab07-07d9f521f6b5_story.html?utm_term=.62b8967c82ea

Mara Casey Tieken, an Assistant Professor of Education at Bates College, writes:

“Last year’s earthshaking election brought new attention to rural America. This attention is overdue — rural America has long been largely ignored by reporters, researchers and policymakers — and much of it is useful, as this increasingly urban-centric country tries to understand and reconnect with those living far from cities.

But so far, the narrative emerging about rural America has been woefully incomplete, because so much of the media coverage has focused on only one slice of it: rural white America. Some stories are clear about their scope: Their authors have intentionally chosen a particular geographic and racial population to explore and explain. Others are less obvious in their focus, though details — region of the country or photographs — soon make explicit what is merely implied or assumed. Either way, though, a particular racial narrative is being told.

There’s another rural America that exists beyond this rural white America. Nearly 10.3 million people, about one-fifth of rural residents, are people of color. Of this population, about 40 percent are African American, 35 percent are nonwhite Hispanic, and the remaining 25 percent are Native American, Asian, Pacific Islander or multiracial. And this rural America is expected to grow in the coming decades, as rural areas see a rapid increase in Latino immigration.
This rural America, much like rural white America, can be found from coast to coast. But these rural Americans tend to live in different places from rural whites: across the Mississippi Delta and the Deep South; throughout the Rio Grande Valley; on reservations and native lands in the Southwest, Great Plains and Northwest.

This rural America has a different history from rural white America: a history of forced migration, enslavement and conquest. This rural America receives even lower pay and fewer protections for its labor than does rural white America. And, as my own research shows, this rural America attends very different schools than rural white America, schools that receive far less funding and other resources.
In fact, the relationship between rural white communities and rural communities of color is much like the relationship between urban white communities and urban communities of color: separate and unequal.”

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

Actually, seems like rural communities of all ethnicities share some strong common interests. They need jobs, education, roads, and services which are essential but not necessarily “cost-effective” and therefore have to be underwritten largely by those in “blue states” and urban areas.

Hard to seen how any part of rural America rationally aligns with Trump & the GOP, the party of handouts for the rich, destruction of public education, dirty air, polluted water, money wasted on xenophobic immigration enforcement, big weapons, lousy to non-existent health care, Wall Street, and no realistic plans for job creation.

But, for much of American post-Civil-War history, politicians of both parties have been amazingly successful at enticing white rural America to ignore  it’s logical community of interest with African American, Native American, and Hispanic rural residents and to instead vote to prop up an establishment whose genuine interest in helping rural America is ephemeral at best.

PWS

03/26/17

Adios Amigo! — Xenophobia Trumps Rationality, Humanity, As ICE Boots Law-Abiding Indiana Hispanic Businessman Whose Wife Voted For Trump — “Mixed Family” Learns The Hard Way They Aren’t Welcome In The Trump-Pence America!

https://www.washingtonpost.com/news/post-nation/wp/2017/03/25/she-thought-trump-would-deport-bad-hombres-instead-hes-deporting-her-law-abiding-husband/?hpid=hp_no-name_hp-in-the-news:page/in-the-news&utm_term=.b30be44bad1e

Peter Holley reports in the WashPost:

“Stories such as Beristain’s — in which law-abiding parents are deported because of their immigration status — have inundated the news media in recent months. The Twitter account “Trump Regrets” has amassed nearly 260,000 followers by retweeting disappointed and angry Trump voters.

“Previously,” as The Post’s Samantha Schmidt and Sarah Larimer reported last month, “the Obama administration prioritized the deportation of people who were violent offenders or had ties to criminal gangs. Trump’s executive order on Jan. 25 expanded priorities to include any undocumented immigrants who had been convicted of a criminal offense.”

“Personally, I think the president should be giving him a handshake,” Flora said. “Either Trump was lying when he said we were only deporting bad guys, or Trump’s view of bad guys is so expansive it can literally include every single immigrant.”

Days after Beristain’s arrest, Flora said, he filed a “stay of removal” to prevent deportation, but it was rejected March 15.

“Once the case is finalized and done, there’s really no reason to keep him around in their eyes,” Flora said, referring to ICE. “They think, ‘Why take up jail space for no reason if all the legal options have been exhausted?’ ”

Flora said the decision to deport Beristain is a “wildly disproportionate” response when measured against the law he broke nearly two decades ago.

“If you asked 100 people to paint you a picture of a bad guy, no one would draw anyone remotely resembling Roberto,” he said.
Helen Beristain told the Tribune that — in their effort to get her husband U.S. citizenship — the couple has had 10 attorneys over the past 18 years. Many of those attorneys, she said, told them that they had no choice but to wait for immigration laws to change.

Instead of changing in the couple’s favor, the laws evolved to make her husband more vulnerable to deportation, a development the Beristains never expected. She told the Tribune that Trump’s deportation measures — the one’s she thought her family would be exempt from — are harming “regular people.”

“I understand when you’re a criminal and you do bad things, you shouldn’t be in the country,” Helen told the CBS TV affiliate WSBT. “But when you’re a good citizen and you support and you help and you pay taxes and you give jobs to people, you should be able to stay.”

“We were for Mr. Trump,” she added. “We were very happy he became the president. Whatever he says, he is right. But, like he said, the good people have a chance to become citizens of the United States.”

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

And, folks can thank restrictionist, white nationalist “fellow travelers” like then-Senator, now Attorney General Jeff Sessions, egged on by the likes of current Presidential Advisors Steve Bannon and Stephen Miller, for blocking sensible immigration reform efforts in Congress. So, we’re spending taxpayer money and Government resources to make American a worse place by deporting members of the business community who have done nothing but good things for the country and those around them. You’d have to reside somewhere deep in the bowels of the “GOP Swamp” to make sense of this type of policy.

PWS

03/26/17

WSJ OPINION: JASON L. RILEY — Steve King & Other White Nationalists Are Wrong — America Is Not Europe — That’s Why Refugee Assimilation Works Here — “Shared Ideals” Are Key (And They Are Not The “Ideals” Spouted By King & His Crowd)

https://www.wsj.com/articles/america-doesnt-have-europes-immigration-problems-1489530039

Riley writes:

“America doesn’t have that problem because it has done things differently. Here, the emphasis is on shared ideals rather than shared cultural artifacts. The U.S. model for assimilation has been more successful because of the country’s value framework, which is the real immigrant magnet. Longitudinal studies, which measure the progress of the same individuals over time, show that U.S. immigrants today continue to assimilate despite the best efforts of bilingual education advocates and anti-American Chicano Studies professors. As with previous immigrant waves, different groups progress at different rates, but over time English usage, educational attainment and incomes do rise.

Mr. King may fear immigrant babies, but he should be more careful not to confuse his personal problems with America’s. Given the coming flood of baby-boomer retirees over the next two decades, those high birthrates are just what the pediatrician ordered.”

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

Generally, Riley is on the right track. His observations match my experience in Immigration Court where most of the individuals coming before me shared the same values I had:  stability, safety, a future for their kids, opportunity for political and economic participation, community and often religious involvement. In other words, being part of a society that is generally functional, rather than dysfunctional as in many of the countries migrants flee.

But, I didn’t appreciate Riley’s snide remark about bilingual education. That’s perhaps because my daughter Anna has taught English Language Learners and still works with migrant populations in the Beloit, WI Public School System.

Bilingualism helps families to learn English and communicate, particularly to the older generation and friends and family abroad. Individuals who are bilingual and at home in different linguistic situations have more satisfying lives and better economic opportunities.

Indeed, America is far behind many other developed countries in bi- and tri-lingualism. It was not uncommon in the Arlington Immigration Court to encounter respondents who were fluent in a number of languages, although for obvious reasons most preferred to have their “merits” court hearings in their “best” language.

That’s just one of the reasons why many “Dreamers” with biglingual skills are well-positioned to be our leaders and innovators of the future. And, we’re fortunate to have them contribute their talents to our society. We’re going to need the talent and energy of all of our young people as well as births to continue to prosper in the future.

PWS

03/15/17

WashPost OPINION: EUGENE ROBINSON — Rep. Steve King (R-IA) Is A Self-Proclaimed Racist/White Supremacist — White House Doesn’t Appear To Have A Problem With That

https://www.washingtonpost.com/opinions/white-supremacism-is-ready-to-roar/2017/03/13/883e7570-082b-11e7-b77c-0047d15a24e0_story.html?utm_term=.52288350b631

Robinson writes:

“White supremacism was never banished from American political thought, just shoved to the fringe and hushed to a whisper. Now, in the Age of Trump, it’s back in the mainstream and ready to roar.

Witness the words of Rep. Steve King (R-Iowa) on the subject of immigration: “Culture and demographics are our destiny. We can’t restore our civilization with somebody else’s babies.” King offered these sentiments Sunday in a tweet expressing solidarity with Geert Wilders, an openly racist and Islamophobic Dutch politician who has a chance of becoming prime minister in elections this week. Wilders is someone who “understands,” King wrote.

And we understand just what King meant. Former Ku Klux Klan leader David Duke certainly got the message, using his vile Twitter account to proclaim, “GOD BLESS STEVE KING!!!”

. . . .

“Immigrants — both voluntary and involuntary — have shaped this nation since long before its founding. The first Africans were brought here in bondage in 1619, one year before the Mayflower. Americans have never been a single ethnicity, speaking a single language, bound by the centuries to a single patch of land. We have always been diverse, polyglot and restless, and our greatness has come from our openness to new people and new ideas.

King’s distress about birthrates can be read only as modern-day eugenics. If he is worried about the coming day when there is no white majority in the United States, he has remarkably little faith in our remarkable society — or in the Constitution that he, as a member of Congress, is sworn to support and defend.

President Trump played footsie with the white supremacist movement during his campaign. His chief strategist, Stephen K. Bannon, waged civilizational war when he ran the Breitbart News site. Trump could definitively denounce King’s racism with a statement or a tweet, but so far his silence is deafening.”

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

I’m glad that Robinson makes the point that America literally was developed, founded, and built on the backs, free labor, and talents of African American “involuntary” immigrants. (In my Refugee Law and Policy course at Georgetown Law we referred to them as “forced migrants.”)

In fact, of our first five Presidents, only John Adams was self-supporting. The others owed their livelihood to the free labor provided by enslaved African Americans. Sad, but true.

PWS

03/15/17

 

THE ATLANTIC: Our Unhappy Immigration History — President Herbert Hoover’s Anti-Immigrant Policies Resulted In The “Mexican Repatriation” — U.S. Citizens Were The Majority Of Those Illegally Removed!

https://www.theatlantic.com/politics/archive/2017/03/americas-brutal-forgotten-history-of-illegal-deportations/517971/

Alex Wagner writes:

“Back in Hoover’s era, as America hung on the precipice of economic calamity—the Great Depression—the president was under enormous pressure to offer a solution for increasing unemployment, and to devise an emergency plan for the strained social safety net. Though he understood the pressing need to aid a crashing economy, Hoover resisted federal intervention, instead preferring a patchwork of piecemeal solutions, including the targeting of outsiders.
According to former California State Senator Joseph Dunn, who in 2004 began an investigation into the Hoover-era deportations, “the Republicans decided the way they were going to create jobs was by getting rid of anyone with a Mexican-sounding name.”

“Getting rid of” America’s Mexican population was a random, brutal effort. “For participating cities and counties, they would go through public employee rolls and look for Mexican-sounding names and then go and arrest and deport those people,” said Dunn. “And then there was a job opening!”

“We weren’t rounding up people who were Canadian,” he added. “It was an absolutely racially-motivated program to create jobs by getting rid of people.”

Why, specifically, men and women of Mexican heritage? Professor Francisco Balderrama, whose book, A Decade of Betrayal: Mexican Repatriation in the 1930s is the most definitive chronicle of the period (and, not coincidentally, one of the only ones), explained: “Mexican immigration was very recent. It goes back to that saying: Last hired, first fired. The attitude of many industrialists and agriculturalists was reflected in larger cities: A Mexican is a Mexican.” And that included even those citizens of Mexicans descent who were born in the U.S. “That is sort of key in understanding the psychic of the nation,” said Balderrama.

The so-called repatriation effort was, in large part, a misnomer, given the fact that as many as sixty percent of those sent to “home” Mexico were U.S. citizens: American-born children of Mexican-descent who had never before traveled south of the border. (Dunn noted, “I don’t know how you can repatriate someone to a country they’ve not been born or raised in.”)

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Pretty grotesque.  Where’s the apology? Where is the circumspection? Where its the humanity in the Administration’s new “immigrant scapegoating” program?

Thanks much to Nolan Rappaport for bringing this interesting, if disturbing, piece of immigration history to my attention.

PWS

03/06/17

BREAKING: Sessions Recuses Himself From Russian Investigation!

https://www.washingtonpost.com/powerpost/top-gop-lawmaker-calls-on-sessions-to-recuse-himself-from-russia-investigation/2017/03/02/148c07ac-ff46-11e6-8ebe-6e0dbe4f2bca_story.html?hpid=hp_rhp-top-table-main_gopreax-840a:homepage/story&utm_term=.2d513bee7715

From the WashPost:

“Attorney General Jeff Sessions said Thursday he will recuse himself from any investigations related to the 2016 presidential campaign, which would include any Russian interference in the electoral process.

Speaking at a hastily-called press conference at the Justice Department, Sessions said he had met with department ethics officials soon after being sworn in last month to evaluate the rules and cases in which he might have a conflict.

“They said that since I had involvement with the campaign, I should not be involved in any campaign investigation,” Sessions said. He added that he concurred with their assessment, and would thus recuse himself from any existing or future investigation involving Trump’s campaign.

The announcement comes a day after The Washington Post revealed that Sessions twice met with Russian Ambassador Sergey Kislyak and did not disclose that fact to Congress during his confirmation hearing.”

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The good news for Sessions is that most experts think that he will not face criminal prosecution for any arguable “inaccuracies” in his sworn testimony to Congress during his confirmation hearings.

But, folks are missing what Sessions really lied about under oath: that he could leave his partisan positions as an “outlier Senator” from a state known for its historic bigotry and poor race relations behind and represent all of the people of the United States as Attorney General.  In the short time since he became Attorney General, Sessions has proved that he was at least being disingenuous if not outright lying. He has: 1) withdrawn Federal protections for transgender students, 2) changed the Government’s position in a key voting rights case thus giving the green light to states that seek to disenfranchise African American and other minority voters, and 3) announced that local police will have a free hand to enforce laws even if they have been shown to have a tendency to do so in ways that violate the basic civil rights of minority suspects.

And, Sessions was apparently behind the xenophobic, poorly conceived and executed, and fear-mongering Executive Orders on immigration. In other words, Sessions has squarely aligned himself with the white-power-oriented, nationalistic, xenophobic forces in the White House represented by Steve Bannon and Sessions’s former aide Stephen Miller.

Another article in the WashPost points out Session’s hypocrisy on the issues of “perjury, access, and recusal” when the situation involved the Clintons. What goes around comes around. Here’s a link to the complete article:

https://www.washingtonpost.com/news/post-nation/wp/2017/03/02/six-times-jeff-sessions-talked-about-perjury-access-and-special-prosecutors-when-it-involved-the-clintons/?utm_term=.84d5a9024cb4

And here’s an article by Ari Berman in The Nation pointing out the real truth about our Attorney General: “Jeff Sessions Is a Disgrace to the Justice Department
He didn’t just lie about Russia—he’s put the Trump administration on the wrong side of every major issue.”

https://www.thenation.com/article/jeff-sessions-is-a-disgrace-to-the-justice-department/

 

PWS

03/02/17