Category: Legislation

THE LIARS ON THE HILL: Spurred By Trump’s Example, GOP Legislators and Politicos In Washington Have Taken Outright Lying And Knowingly Spreading False Narratives To A New Level

Dave Leonhardt writes in “Opinion Today” at the NYT:

“First, health care: Here’s a giveway about how bad the new Senate health care bill is: Bill Cassidy, one of its authors, keeps trying to sell it by telling untruths.
“The relatively new phenomenon of just ‘up is down’ lying about your bill’s impacts is jarring,” says Loren Adler of the USC-Brookings-Schaeffer Initiative on Health Policy.
Most egregiously, Cassidy is claiming that the bill would not ultimately deprive sick people of health insurance. That’s false, as NPR calmly explained when Cassidy said otherwise.
In fact, the bill — known as Graham-Cassidy — would free states to remove insurance protections for people with pre-existing conditions. Without those protections, insurers could price such people out of the market.
If you get cancer (or even have a family history of it) or your child is born with a birth defect — among many, many other health issues — you could find yourself unable to buy insurance. Without insurance, you could be denied crucial treatments. In a tangible way, Graham-Cassidy would harm millions of Americans.
Aviva Aron-Dine and Sarah Kliff have both written good explainers on this issue. As Kliff notes, “There is literally no analysis” to support Cassidy’s claim that the bill would expand the number of insured.
Jimmy Kimmel, the country’s most unexpected health wonk, has urged Cassidy to stop “jamming this horrible bill down our throats.”
Insurers came out against the bill yesterday, joining doctors, hospitals, AARP, patient advocates, multiple governors and others.
Meanwhile, Republican leaders are trying to win the vote of Lisa Murkowski — one of three Republican senators who voted against a previous Obamacare repeal bill, in July — by funneling money to Alaska.
In the least surprising development of all, President Trump is now repeating Cassidy’s falsehoods.
The last word on health care this morning goes to Nicholas Bagley of the University of Michigan. “Graham-Cassidy is a brazen effort to block any level of government, state or federal, from achieving near-universal coverage,” he writes. “That’s what the debate is about. Everything else is just noise.”

Read Leonhardt’s entire piece with working links to his sources and citations at this link:

https://www.nytimes.com/newsletters/2017/09/21/opinion-today?nlid=79213886

 

And Leonhardt is by no means the only one blowing the whistle on the GOP’s latest War on America. Among many others, the Washington Post’s “Fact Checker” awarded Senator Cassidy “Three Pinocchios” for his false claims about coverage:

“Regular readers of The Fact Checker know that the burden of proof falls on the person making the claim. Cassidy has provided little evidence to support his claim of more coverage, except that innovation would flourish and help bring down costs and expand coverage. That’s certainly possible, but it would be more plausible if his proposal did not slash funding to such an extent.

Kimmel’s claim that 30 million fewer Americans will have insurance may be a high-end estimate. But already, in 2019, CBO calculations suggest at least 15 million fewer Americans would have insurance once the individual and employer mandates are repealed. Much of that decline might be by choice, but Cassidy insists the gap will be filled and then exceeded in 10 years. Unlike Cassidy, no prominent health-care analyst is willing to venture a guess on coverage levels — but the consensus is that his funding formula makes his claim all but impossible to achieve.

Given the lack of coverage estimates by the CBO or other health-care experts, Cassidy’s claim does not quite rise to Four Pinocchios. But it certainly merits a Three.

Three Pinocchios”

Here’s a link to the complete analysis by the Post’s Glenn Kessler:

https://www.washingtonpost.com/news/fact-checker/wp/2017/09/21/sen-cassidys-rebuttal-to-jimmy-kimmel-more-people-will-have-coverage/

Wow! Three Pinocchios is getting into Trump, Sessions, Miller territory!

PWS

09-21-17

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Related posts:

  1. BREAKING: GOP’s WAR ON AMERICANS’ HEALTH CARE DEFEATED, AGAIN — SENS COLLINS, MURKOWSKI, McCAIN STAND TALL FOR AMERICA — MISOGYNIST GOP, CHURLISH PREZ HURL INSULTS, THREATS! — Also Give Dems Credit For Hanging Together To Save Lives, At Least For Now!
  2. WALL? WHAT WALL? – BUREAUCRATIC BARRIERS BEST BAR TO (NEEDED) IMMIGRATION (Hey, I Could’ve Told ‘Em That!) – But, White Nationalist Goal Of Returning To A “White America” Ultimately Doomed — “You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,”. . . “It will just become less white at a slower pace.”
  3. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  4. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?

ADMINISTRATION TRASHES RULE OF LAW, DENIES DUE PROCESS AT U.S. SOUTHERN BORDER!

Guillermo Cantor writes in Immigration Impact:

“U.S. immigration officials have a long history of overstepping the boundaries of their legal authority and violating the constitutional and other legal rights of migrants at the Southwest border. Allegations of abuse throughout the apprehension, detention, and deportation process are not new; immigrant rights organizations and media outlets have reported on those violations for years.

Deportations in the Dark: Lack of Process and Information in the Removal of Mexican Migrants, a new report released by the American Immigration Council, is the most recent effort to document such violations. The report shows the extent to which U.S. immigration officials prevent migrants in their custody from accessing critical information and processes, which in many cases jeopardizes their chances to access various forms of immigration relief. Specifically, the report examines whether U.S. immigration agents properly inform migrants of their rights, actively obstruct their ability to exercise these rights, coerce or intimidate migrants in their custody, or neglect to provide removal documents to migrants at the time of repatriation.

The study is the result of a collaboration between the Council and the Mexico-based Binational Defense and Advocacy Program (in Spanish, Programa de Defensa e Incidencia Binacional, or PDIB), a Mexican human rights initiative established in 2010 to document abuses perpetrated against repatriated Mexican immigrants during their time in the United States. With staff currently located in three different sites—Nogales, Sonora; Nuevo Laredo, Tamaulipas; and Ciudad Juárez, Chihuahua—PDIB interviews migrants upon deportation to Mexico on an ongoing basis.

Based on new survey data (600 interviews) collected by PDIB between August 2016 and April 2017 and testimonies gathered between August 2016 and May 2017, the study found that migrants are frequently deprived of legally required information, told they cannot contact their consulates, compelled to sign documents they cannot read or understand, threatened with protracted detention, and blocked from applying for asylum and other legal claims.

For example, half of the respondents who signed repatriation documents reported that they were not allowed to read the documents before they signed them; 57.6 percent did not receive their repatriation documents; 43.5 percent were not advised of their right to contact their consulate; more than half (55.7 percent) were not asked if they feared returning home.

This report is perhaps the first attempt to systematically analyze the prevalence of denied access to critical information among migrants in U.S. custody. Some of the issues highlighted here, however, have been raised by advocates and been subject to litigation in the past. One concrete example is the case of immigration agents misleading migrants into waiving their right to a removal hearing by signing for voluntary return.

When immigration authorities deprive migrants of critical information regarding their rights or the opportunity to exercise them, migrants may face unjust deportation and lose the ability to ever seek legal admission or apply for asylum in the future. As the U.S. government promises to institute a new level of immigration enforcement, the behavioral patterns of U.S. immigration authorities highlighted in this report are a source of concern.“

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This is what Jeff “Gonzo Apocalypto” Sessions’s disingenuous claims about the “Rule of Law” really mean. And, for EOIR to post on its website DOJ propaganda about how ramming through more final orders of removal, many without full due process because individuals were given not given legally sufficient notice of their hearings, were effectively denied their right to counsel, were denied the opportunity to gather documentation necessary for their cases, or were coerced into withdrawing claims or waiving appeals, has something to do with the Imigration Courts’ mission is simply more proof that the current system has become a disgraceful mockery of justice.

America needs an independent Article I Immigration Court, now!

PWS

09-21-17

 

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
  4. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 

MUST SEE TV FROM PBS: Judge Dana Leigh Marks Explains The Dire Backlogs In U.S. Immigration Courts & Why They Are Becoming Worse Every Day!

http://www.pbs.org/newshour/bb/dire-immigration-court-backlog-affects-lives/

Click the above link to see John Yang of PBS interview United States Immigration Judge Dana Leigh Marks of the U.S. Immigration Court in San Francisco, speaking in her capacity as President of the National Association of Immigration Judges (“NAIJ”).

FULL DISCLOSURE: I am a “retiree member” of the NAIJ.

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As this interview shows, this problem has been building steadily under the past three Administrations. However, the “gonzo enforcement” policies of the Trump Administration, combined with “ADR” (“Aimless Docket Reschuffling”) caused by poorly planned, and in many cases unneeded, details of Immigration Judges from backlogged “home dockets” to obscure detention centers along the Southern Border in response to Trump’s Executive Orders on enforcement, made worse by constant threats to mindlessly throw DACA individuals and TPS holders into the already overwhelmed system have greatly and unnecessarily aggravated an already bad situation.

Judge Marks points out that nearly 40% of the current U.S. Immigration Judiciary, including all of the most experienced judges, are eligible or nearly eligible to retire. That would mean a whopping 140 new Immigration Judge hires in a short period of time in addition to filling the current approximately 50 vacancies and any other positions that might become available. That adds up to approximately 200 new judicial vacancies, not counting any additional positions that Congress might provide.

No Administration has been able to competently hire that many new judges using a proper merit selection process. Indeed, the last Administration, using a system that could hardly be viewed as ”merit based,” took an astounding average of nearly two years to fill a vacancy on the U.S. Immigration Court! That’s amazing considering that these are administrative judges who do not require Senate confirmation.

The total unsuitability of the U.S. Justice Department to be administering the U.S. Immigration Courts has been demonstrated not only in terns of misuse of the courts for politicized law enforcement objectives, but also in terms of poor planning and stunningly incompetent judicial administration.

We need an independent Article I U.S. Immigration Court, and we need it now!

PWS

09-20-17

 

 

Related posts:

  1. DOJ PLANS TO CUT U.S. IMMIGRATION COURT BACKLOG IN HALF BY 2020 — CONTINUES TO PRESS BOGUS CLAIM THAT BACKLOGS DRIVEN BY PRIVATE ATTORNEYS — THE TRUTH: BACKLOGS DRIVEN PRIMARILY BY POOR DECISIONS BY CONGRESS (E.G., USG SHUTDOWN) & “AIMLESS DOCKET RESHUFFLING” BY THE DOJ OVER THE PAST THREE ADMINISTRATIONS, INCLUDING THIS ONE!
  2. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  3. WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”
  4. GONZO’S WORLD: JUDICIAL REBELLION – Less Than One Year Into Gonzo’s Reign at The DOJ, One of America’s Most Conservative Judiciaries Seeks Protection From His Plans to Politicize The U.S Immigration Courts!

MARK JOSEPH STERN IN SLATE: Rule Of Scofflaws! — Trump, Sessions Have No Regard For Law Unless It Suits Their Disingenuous Purpose!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/the_trump_administration_s_lawless_attacks_on_sanctuary_cities.html

Stern writes:

“The Trump administration’s latest attempt to punish sanctuary cities hit a snag on Friday when a federal court ruled the Justice Department cannot withhold public safety grants from jurisdictions that refuse to assist federal immigration authorities. Attorney General Jeff Sessions had attempted to prevent cities and states from receiving these funds unless they cooperatedwith immigration officials’ crackdown on undocumented immigrants. The court held that Sessions in fact has no power to attach new restrictions to the grants, rendering most of his new rules unlawful.

Mark Joseph SternMARK JOSEPH STERN

Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Friday’s decision marked the second time a court has blocked Sessions’ attempts to penalize sanctuary cities by depriving them of federal grants. It also comes on the heels of a sweeping ruling that froze the most controversial provisions of Texas’ new anti–sanctuary cities bill. Earlier this month, the White House declared that Donald Trump is “restoring law and order to our immigration system.” But in their haste to adopt a restrictionist immigration regime, Trump, Sessions, and their fellow Republicans have shown a consistent disdain for federal statutes and constitutional protections.

Consider Sessions’ latest sanctuary cities imbroglio. In July, the attorney general created new criteria for Byrne Memorial Justice Assistance grants, which dispense hundreds of millions of dollars to state and local law enforcement. Under these rules, jurisdictions would not be eligible for Byrne grants unless they collaborate with Immigration and Customs Enforcement officials. Most pertinent here, law enforcement officials would have to give ICE agents access to local jails and, if the agency is interested in detaining an undocumented immigrant, notify ICE 48 hours before that person is set to be released. Chicago sued, alleging that the new rules were illegal.

Where does Sessions get the authority to impose these conditions on Byrne grants? Nowhere, as Judge Harry D. Leinenweber of the Northern District of Illinois pointed out in his ruling siding with Chicago. The Constitution grants Congress, not the executive branch, authority to impose conditions on federal funding. And Congress has never authorized the Justice Department, which is part of the executive branch, to force Byrne grantees to work with ICE. Sessions simply usurped Congress’ authority to make new rules.

When Chicago sued Sessions over the Byrne conditions in August, the attorney general put out a Trumpian statement asserting that the city “proudly violate[s] the rule of law” by protecting undocumented immigrants. But as Leinenweber explained on Friday, it was Sessions, not Chicago, who was acting lawlessly.

It’s surprising that Sessions would try to meddle with Byrne grants given that his first foray into sanctuary city–bashing failed so spectacularly. In Trump’s first days in office, the president issued an executive order directing the attorney general and Homeland Security secretary to withhold all federal grants and funding from sanctuary jurisdictions. Multiple cities quickly filed suit to defend their sanctuary policies. Sessions’ Justice Department, which apparently realized this order would violate multiple constitutional provisions, told a federal court that in reality, the order was nothing more than a narrow warning to sanctuary cities that the government would enforce current grant conditions.

In April, U.S. District Judge William Orrick blocked the order as an unconstitutional abomination. In his decision, Orrick essentially mocked the Justice Department, writing that he would not accept the DOJ’s “implausible” interpretation as it would transform Trump’s order into “an ominous, misleading, and ultimately toothless threat.” Instead, he analyzed the text of the order and found that it infringed upon constitutional separation of powers; coerced and commandeered local jurisdictions in violation of the 10thAmendment; and ran afoul of basic due process principles.

The White House promptly complained that Orrick “unilaterally rewrote immigration policy for our Nation” in an “egregious overreach.” Ironically, that is almost exactly what Trump had done through his executive order, illegally attaching new conditions to federal funds without congressional approval. Orrick had merely enforced the law; it was Trump who tried to change it unilaterally.

Neither of the Trump administration’s unlawful immigration power-grabs is as startling as SB 4, a Texas bill targeting sanctuary cities that Sessions’ Justice Department has defended in court. Confident in their measure’s legislative success, Texas Republicans turned SB 4 into a compendium of the most draconian possible attacks on sanctuary jurisdictions. The bill compelled local police to enforce immigration law, cooperate with ICE agents, and detain potentially undocumented immigrants; it also censored local officials who wished to speak out against the law. Law enforcement officers who ran afoul of SB 4 would face massive fines, jail time, and removal from office. Government employees who criticized the measure could also be fined and stripped of their positions.”

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Let’s get this straight: the “rule of law” to Sessions means laws aimed disproportionately at Latinos, Blacks, Muslims, undocumented migrants, non-white immigrants, LGBTQ individuals, ethnic communities, jurisdictions that voted for Democrats, legal marijuana users and businesses, innocent victims of civil forfeitures, and “leakers” (many would say “whistleblowers”) who are career civil servants. In other words law enforcement that in some disturbing ways parallels the “Jim Crow” laws in Alabama and other Southern States to which Sessions would apparently like to return (only with a greater emphasis on targeting Latinos, rather than Blacks, although he has little use for the latter now that the confirmation process is complete during which he “conned” a couple of Blacks into saying he wasn’t a racist.)

I remember from my youth hypocritical Southern racists like George Wallace asserting the false mantle of “the rule of law” and “states rights” for enforcing blatantly discriminatory racial laws while stomping on the actual legal and constitutional rights, and often lives, of Black citizens. Sessions has little or no intention of enforcing laws relating to civil rights protections, voting rights, protections for LGBTQ individuals, protections against local police abuses, due process for migrants in and outside of the U.S. Immigration Court process, environmental protection, constitutional conditions of detention, and ethics. Sessions is clearly a liar, if not a perjurer (which he might be) under legal definitions.

We should all be concerned that this totally unqualified and disingenuous individual has been put in charge of the U.S. justice system. I’ve commented earlier on the glaring unsuitability of individuals like Greg Abbott and Ken Paxton to be governing a state with a significant Hispanic population.

And, Stern’s article didn’t even raise Trump’s greatest and most audacious abuse of the rule of law: his totally unjustified and inappropriate abuse of the Presidential Pardon authority by pardoning the unrepentant, unapologetic “Racist Joe.” Think about what “Racist Joe” stands for, as described by a U.S. District Judge who found him guilty of contempt of court after trial for his continuing, knowing, and intentional abuses of the constitutional rights of Latino citizens and prisoners, among others. In what way does “Racist Joe” deserve a pardon? How would you feel if you were a Hispanic citizen or a detainee who had his or her constitutional rights intentionally violated and was victimized by this arrogant, bullying, racist? The innocent suffer while the guilty go unpunished. What kind of “rule of law” is that?

Then think of all the GOP “politicos” who “palled around” with “Racist Joe” and his toxic sidekick Kris Kobach and even sought their endorsements! That’s because it would help with the racist, White Supremacist “core vote” that has allowed the GOP to gain control of much of the U.S. governing structure notwithstanding the party’s extremist views and generally destructive agenda.

This is very reminiscent of how the “White Southern racist base” helped the Democrats maintain a stranglehold on government for the bulk of the mid-20th Century. Assume that the “Trump base” is 20% of the electorate and only 15% fit my foregoing description. That means without the racist White Supremacist vote, the GOP and Trump would have polled  around 31% of the popular vote, not enough to win even with the idiosyncrasies of our electoral system that favor the GOP minority!

PWS

09=19-17

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  3. MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!
  4. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

TAL KOPAN IN CNN: HUMAN RIGHTS TRAVESTY — According To U.S. State Department’s Info, Sudan Remains One Of The Most Dangerous And Violent Countries In The World — But, Reality Isn’t Stopping The Trump Administration From Ending TPS Protection! -“I mean look what’s going on in Sudan,” [Rep. Zoe] Lofgren [D-CA] said. “If that is a wise decision, what’s an unwise one?”

http://www.cnn.com/2017/09/18/politics/sudan-tps-decision-dhs/index.html

Tal writes:

“Washington (CNN)The Trump administration on Monday announced an end to protections for Sudanese immigrants, a move that advocates fear could be a sign of things to come.

The Department of Homeland Security announced Monday afternoon that it would be ending Temporary Protected Status for Sudan after a 12-month sunset period. It opted to extend, however, Temporary Protected Status for South Sudan, which gained its independence in 2011, through May 2019.
The decision was overdue. By law, decisions on TPS designations are required 60 days before an expiration deadline. With both countries’ status set to expire on November 2, the decision was due September 3. DHS said it made a decision in time, but kept it quiet for more than two weeks and did not respond to requests for an explanation.
While the decision on the future of Temporary Protected Status for Sudanese and South Sudanese immigrants only affects just over 1,000 people in the US, the decision is being closely watched as a harbinger of where the administration will go on upcoming TPS decisions that affect more than 400,000 people in the US.
Under Acting DHS Secretary Elaine Duke’s direction on Monday, recipients of protections from Sudan will be allowed to remain protected from deportation and allowed to work under the program until November 2, 2018, during which they are expected to arrange for their departure or seek another immigration status that would allow them to remain in the US.
Individuals from South Sudan will be able to extend their status until May 2, 2019, when DHS will make another decision on their future based on conditions in the country.
According to USCIS data, at the end of 2016 there were 1,039 temporarily protected immigrants from Sudan in the United States and 49 from South Sudan.
Temporary Protected Status is a type of immigration status provided for by law in cases where a home country may not be hospitable to returning immigrants for temporary circumstances, including in instances of war, epidemic and natural disaster.
While DHS did not explain the delay in publicizing the decision, which the agency confirmed last week was made on time, the law only requires “timely” publication of a TPS determination. The decision was made as the administration was preparing to announce the end of the Deferred Action for Childhood Arrivals program, or DACA, a popular program that has protected nearly 800,000 young undocumented immigrants brought to the US as children from deportation since 2012.

Some of the affected individuals have been living in the US for 20 years. TPS is not a blanket protection — immigrants have to have been living in the US continuously since a country was “designated” for TPS in order to qualify.

For example, Sudan was first designated in 1997 and was re-designated in 1999, 2004 and 2013, meaning people had opportunities to apply if they’ve been living in the US since any of those dates. South Sudan’s TPS was established in 2011 and had re-designations in 2014 and 2016.
Both countries were designated for TPS based on “ongoing armed conflict and extraordinary and temporary conditions.”

The situation in Sudan has improved in recent years, but there are still concerns about its stability and human rights record. In January, outgoing President Barack Obama eased sanctions on Sudan but made some moves contingent upon further review. President Donald Trump has extended that review period. South Sudan, meanwhile, remains torn by conflict.

Advocates for TPS have expressed fear that if the administration were to begin to unwind the programs, it could be a sign of further decisions to come. In the next six months, roughly 400,000 immigrants’ status will be up for consideration, including Central American countries like El Salvador that have been a focus of the Presidents’ ire over illegal immigration and gang activity.
close dialog

California Rep. Zoe Lofgren, the top Democrat on the immigration subcommittee for the House Judiciary Committee, said in an interview before the decision that ending Sudan’s protections could be a sign of more to come.

“I mean look what’s going on in Sudan,” Lofgren said. “If that is a wise decision, what’s an unwise one?”

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Let’s take a closer look at some of those supposedly “improved conditions,” using the Government’s own information, the U.S. Department of State’s latest (2016) Country Report on Human Rights Conditions for Sudan:

“The three most significant human rights problems were inability of citizens to choose their government, aerial bombardments of civilian areas by military forces and attacks on civilians by government and other armed groups in conflict zones, and abuses perpetrated by NISS with impunity through special security powers given it by the regime. On January 14, the government launched an intensive aerial and ground offensive against Sudan Liberation Army-Abdul Wahid (SLA/AW) strongholds in the Jebel Marra area of Darfur. This operation displaced more than 44,700 persons by January 31, according to the UN Office for the Coordination of Humanitarian Affairs (OCHA). In February the government established in Darfur a suboffice of the National Human Rights Commission to enhance the commission’s capacity to monitor human rights in Darfur. Meanwhile, ground forces comprising Rapid Support Forces (RSF) and Border Guards carried out attacks against more than 50 villages in an attempt to dislodge the armed opposition. Attacks on villages often included killing and beating of civilians; sexual and gender-based violence; forced displacement; looting and burning entire villages; destroying food stores and other infrastructure necessary for sustaining life; and attacks on humanitarian targets, including humanitarian facilities and peacekeepers. In September, Amnesty International issued a report alleging that, through September the government engaged in scorched-earth tactics and used chemical weapons in Jebel Marra, Darfur. UN monitors were unable to verify the alleged use of chemical weapons, due in part to lack of access to Jebel Marra, including by rebel commanders loyal to Abdel Wahid. By year’s end the Organization for the Prohibition of Chemical Weapons (OPCW) had not been presented with sufficient corroborating evidence to conclude chemical weapons had been used. The NISS continued to show a pattern of widespread disregard for rule of law, committing major abuses, such as extrajudicial and other unlawful killings; torture, beatings, rape and other cruel or inhuman treatment or punishment; arbitrary arrest and detention by security forces; harsh and life-threatening prison conditions; incommunicado detention; prolonged pretrial detention; obstruction of humanitarian assistance; restrictions on freedom of speech, press, assembly,association, religion, and movement; and intimidation and closure of human rights and nongovernmental organizations (NGOs). Societal abuses included discrimination against women; sexual violence; female genital mutilation/cutting (FGM/C); early childhood marriage; use of child soldiers; child abuse; sexual exploitation of children; trafficking in persons; discrimination against ethnic and religious minorities, persons with disabilities, and persons with HIV/AIDS; denial of workers’ rights; and child labor. Government authorities did not investigate human rights violations by NISS, the military or any other branch of the security services, with limited exceptions relating to the national police. The government failed to adequately compensate families of victims of shootings during the September 2013 protests, make its investigations public, or hold security officials accountable. Impunity remained a problem in all branches of the security forces.

. . . .

The 2005 Interim National Constitution prohibits torture and cruel, inhuman, and degrading treatment, but security forces, government-aligned groups, rebel groups, and ethnic factions continued to torture, beat, and harass suspected political opponents, rebel supporters, and others. In accordance with the government’s interpretation of sharia (Islamic law), the penal code provides for physical punishments, including flogging, amputation, stoning, and the public display of a body after execution, despite the constitution’s prohibitions. With the exception of flogging, such physical punishment was rare. Courts routinely imposed flogging, especially as punishment for the production or consumption of alcohol. The law requires police and the attorney general to investigate deaths on police premises, regardless of suspected cause. Reports of suspicious deaths in police custody were sometimes investigated but not prosecuted. For example, in November authorities detained a man upon his return from Israel. He died while in custody, allegedly from falling out a window, although the building had sealed windows. The president called on the chief prosecutor and chief justice to ensure full legal protection of police carrying out their duties and stated that police should investigate police officers only when they were observed exceeding their authority. Government security forces (including police, NISS, and military intelligence personnel of the Sudanese Armed Forces (SAF)) beat and tortured physically and psychologically persons in detention, including members of the political opposition, civil society, religious activists, and journalists, according to civil society activists in Khartoum, former detainees, and NGOs. Torture and other forms of mistreatment included prolonged isolation, exposure to extreme temperature variations, electric shock, and use of stress positions. Some female detainees alleged NISS harassed and sexually assaulted them. Some former detainees reported being injected with an unknown substance without their consent. Many former detainees, including detained students, reported being forced to take sedatives that caused lethargy and severe weight loss. The government subsequently released many of these persons without charge. Government authorities detained members of the Darfur Students Association during the year. Upon release, numerous students showed visible signs of severe physical abuse. Government forces reportedly used live bullets to disperse crowds of protesting Darfuri students. There were numerous reports of violence against student activists’ family members.

Security forces detained political opponents incommunicado, without charge, and tortured them. Some political detainees were held in isolation cells in regular prisons, and many were held without access to family or medical treatment. Human rights organizations asserted NISS ran “ghost houses,” where it detained opposition and human rights figures without acknowledging they were being held. Such detentions at times were prolonged. Journalists were beaten, threatened, and intimidated (see section 2.a.). The law prohibits (what it deems as) indecent dress and punishes it with a maximum of 40 lashes, a fine, or both. Officials acknowledged authorities applied these laws more frequently against women than men and applied them to both Muslims and non-Muslims. Courts denied some women bail, although by law they may have been eligible. There were numerous abuses reported similar to the following example: On June 25, the Public Order Police arrested several young women and men in Khartoum under the Public Order Act for “indecent dress.” During the sweep, all women who did not have their hair covered were taken into custody. The Public Order Police further arrested two young men for wearing shorts. According to NGO reports, the Public Order Police released the young women and men later the same day without charges.

Security forces, rebel groups, and armed individuals perpetrated sexual violence against women throughout the country; the abuse was especially prevalent in the conflict areas (see section 1.g.). As of year’s end, no investigations into the allegations of mass rape in Thabit, Darfur, had taken place (see section 6).”

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What I’ve set forth above is just a small sample of some of the “lowlights.” Virtually every paragraph of the Country Report is rife with descriptions of or references to gross abuses of Human Rights.

Clearly, these are not the type of “improved country conditions” that would justify the termination of TPS for Sudan. Moreover, since it affects only 1,000 individuals, there are no overriding policy or practical reasons driving the decision.

No, the Administration’s totally disingenuous decision is just another example of wanton cruelty, denial of established facts, and stupidity.  Clearly, this is an Administration that puts Human Rights last, if at all.

As pointed out by Nolan Rappaport in a a recent post, the best solution here is a legislative solution that would provide green cards to long-time “TPSers” through the existing statutory device of “registry.” With some lead time to work on this, hopefully Lofgren can convince enough of her colleagues to make it happen.

Here’s a link to Nolan’s proposal:

http://immigrationcourtside.com/2017/09/14/the-hill-n-rappaport-suggests-legislative-solutions-for-long-term-tpsers/

PWS

09-19-17

 

Related posts:

  1. “LET THE HAITIANS STAY” — IT’S THE RIGHT THING TO DO!
  2. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  3. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  4. TAL @ CNN: TRUMP’S “GONZO” IMMIGRATION ENFORCEMENT POLICIES LIKELY TO FAIL AND ACTUALLY AGGRAVATE FORCES DRIVING UNDOCUMENTED MIGRATION!

WASHPOST: CALIFORNIA LEADS THE WAY WITH SANE IMMIGRATION ENFORCEMENT POLICY!

https://www.washingtonpost.com/opinions/trumps-immigration-crackdown-hits-a-speed-bump/2017/09/18/d2cfe5e2-9caf-11e7-9083-fbfddf6804c2_story.html?utm_term=.71f46f2f1bb2

The Editorial Board writes:

“PRESIDENT TRUMP’S campaign against immigrants who are in the country illegally has triggered a backlash in some Democratic-leaning states and localities. Perhaps the most sweeping example just emerged from the state legislature in California, which extended so-called sanctuary protections to people who lack legal authorization to live in the United States. Gov. Jerry Brown (D) agreed to sign the legislation, known as the California Values Act, after insisting on changes that injected a much-needed dollop of restraint to the original bill, which disregarded public safety in its determination to shield illegal immigrants.

The bill’s supporters boast that it has made California, where at least a fifth of the nation’s roughly 11 million undocumented immigrants live, the first bona fide “sanctuary state.” Local police and sheriffs may no longer ask about people’s immigration status in many cases, nor hold most detainees behind bars at the request of federal immigration agents.

Similar if less sweeping laws in scores of cities and counties nationwide have infuriated the Trump administration, prompting the Justice Department’s counterproductive threat to withhold federal law enforcement funds from so-called sanctuary localities. In a challenge to that threat brought by Chicago, a federal judge ruled last week that the funds could not be withheld without Congress’s say-so.

The California bill, like the court ruling, limits the administration’s enforcement discretion. It does so in keeping with common sense.

In its modified form, the bill, passed by lawmakers on a straight party-line vote, allows — but does not require — localities to cooperate in detaining and handing over undocumented immigrants convicted of one or more on a list of some 800 violent and serious crimes. They include sex offenses, arson, domestic violence and even some lesser crimes chargeable either as misdemeanors or felonies.

It’s critical that even the state’s most liberal precincts — we’re talking to you, San Francisco — receive that message. It’s one thing to stand on the principle that illegal immigrants, most of whom have been in the country for 15 years or more, are a productive and vital part of America’s social fabric. It’s another to turn a blind eye to undocumented residents who have committed major crimes, imperil public safety and should be removed. As Mr. Brown put it on NBC’s “Meet the Press,” those who have committed serious crimes “have no business being in the country.”

 

The final bill allows more cooperation between federal and local law enforcement agencies than many advocates for illegal immigrants would like. Immigration agents will be allowed to interview people in jails, though they’ll be barred from setting up offices in them, and they’ll have access to some California enforcement databases under rules set by the state attorney general.

The attempt at striking a legislative balance prompted the state police chiefs’ association, but not the sheriffs’ association, to drop its initial opposition to the bill. The generally more lenient stance by police reflects the challenge they face in cultivating strong relations with immigrant communities, without which neither victims nor witnesses will cooperate with them. Such on-the-ground facts have carried the day in California. The administration should take note.”

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Facts don’t matter in Gonzo Apocalypto’s White Nationalist crusade against immigrants and Latinos. His sanctuary cities threats have never had anything to do with effective law enforcement. He hasn’t shown any interest in understanding the legal and law enforcement issues here, nor has he ever tried to sit down with state and local authorities with an open mind to find common ground that accommodates the legitimate needs of both the Feds and the locals.

In a recent NY Times article, one sheriff pointed to Sessions’s willful ignorance of the law:

“A meeting this spring between Mr. Sessions and several sheriffs offered one reason the Trump administration may seem so far out of sync with local authorities on the issue. According to one sheriff who was there — Richard Stanek of Hennepin County, Minn. — when the federal court decisions from the last three years concerning extended jail holds came up in discussion, Mr. Sessions appeared to be unfamiliar with them.
“He was still living in 2014,” Mr. Stanek said. “He had no idea what we were talking about.”

https://www.nytimes.com/2017/09/13/us/sheriffs-immigration-enforcement-jails.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

Legal knowledge has never been a factor in Sessions’s long career built on bias, racism, White Nationalism, and reading false narratives from “cue cards” prepared by restrictionists.  I’m actually surprised that Sessions was only three years behind the times here; most of his policies, pronouncements, and “Gonzo” views are firmly rooted in the “Jim Crow” Alabama of the 1950s and 1960s (although current Alabama politics where twice-defrocked “judge,” racist theocrat Roy Moore is a likely winner to replace Sessions provides little evidence that the nearly all White Alabama GOP electorate has ever gotten out of the Jim Crow era — what a total disgrace!)

Compare Gonzo’s incompetent and tone deaf approach with that of a real public servant like Gov. Jerry Brown who knows how to bridge the gap to achieve a balanced approach. Compare California’s carefully constructed Senate Bill 54 with Texas’s overbroad and racially motivated SB 4, much of which was recently enjoined by a Federal Court. Compare real leadership with the pandering to white restrictionists and divisive actions of Tex. Gov. Greg Abbott and Tex. AG Ken Paxton, who steadfastly fail to represent or consider the legitimate interests of their many Hispanic residents while working with the GOP to disenfranchise minority, primarily Hispanic, voters.  Balance just isn’t a factor in the Trump/Sessions immigration enforcement program or in the actions of unfit public officials like Abbott and Paxton.

PWS

09-19-17

 

Related posts:

  1. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  2. “Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“
  3. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  4. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

GOP’S WAR ON AMERICA REVS UP — NEW HEALTH CARE PROPOSAL IS THE WORST EVER! — LESS CARE, MORE UNINSURED!

https://www.washingtonpost.com/news/powerpost/wp/2017/09/18/the-new-gop-health-care-measure-goes-further-than-the-failed-one/?hpid=hp_rhp-top-table-main_pp-healthcare-457pm%3Ahomepage%2Fstory&utm_term=.04f181cc6baa

Paige Winfield Cunningham reports for the Washington Post:

“Sen. Bill Cassidy (R-La.) is pushing a health-care bill that could get a Senate vote in the next two weeks.
A dealbreaker in July may not be a dealbreaker in September.

The latest Obamacare overhaul bill gaining steam on Capitol Hill slashes health-care spending more deeply and would likely cover fewer people than a July bill that failed precisely because of such concerns. What’s different now is the sense of urgency senators are bringing to their effort to roll back the Affordable Care Act, with only a dozen days remaining before the legislative vehicle they’re using expires.

The political prospects for the bill, offered by Sens. Bill Cassidy (R-La.) and Lindsey O. Graham (R-S.C.), seemed to be improving by the hour Monday. A key Republican governor, Arizona’s Doug Ducey, signaled support for the legislation, and some moderate senators whose votes are crucial have either signed onto the bill or at least haven’t ruled it out yet. Ducey opposed the Senate leadership’s Better Care Reconciliation Act — which was defeated in July — and his opposition heavily influenced the decision by Sen. John McCain (R-Ariz.) not to back that measure.

 

Worries over steep Medicaid cuts and how many people could potentially lose protections or their health coverage altogether drove the GOP effort into a ditch at the end of July, when BCRA failed by seven votes.

It’s hard to see how the Cassidy-Graham plan resolves those concerns. In many cases, it could make them even more acute. The Congressional Budget Office has said it will release a “preliminary assessment” of the measure next week, which will provide some information on its effects on the budget. But the CBO said it would be “at least several weeks” before it can estimate whether people would lose insurance and whether premiums would spike.

The measure would actually cut federal health-care spending even more than BCRA, and aim the cuts more directly at states that expanded Medicaid under the Affordable Care Act. It was the governors and senators from those states who were most deeply worried about Medicaid cuts to begin with.”

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The GOP is a threat to the health, safety, and welfare of most Americans. When will voters wake up and vote these clowns out of office before they do irreparable damage to America?

PWS

09-19-17

Related posts:

  1. BREAKING: GOP’s WAR ON AMERICANS’ HEALTH CARE DEFEATED, AGAIN — SENS COLLINS, MURKOWSKI, McCAIN STAND TALL FOR AMERICA — MISOGYNIST GOP, CHURLISH PREZ HURL INSULTS, THREATS! — Also Give Dems Credit For Hanging Together To Save Lives, At Least For Now!
  2. Steven Pearlstein In WonkBlog In The WashPost: When It Comes To Governing, The GOP Is NQRFPT — By A Long Shot! — The President & Party Of Irresponsibility Can’t Duck Responsibility For The Mess THEY Have Created!
  3. THE LIARS ON THE HILL: Spurred By Trump’s Example, GOP Legislators and Politicos In Washington Have Taken Outright Lying And Knowingly Spreading False Narratives To A New Level
  4. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

“INEXCUSABLE OMISSIONS” — 4th Cir. Slams BIA For Unjustified Denial Of Family-Based Gang Threat Asylum Claim From El Salvador — BIA’s Shoddy Factual & Legal Analysis Of “One Central Reason” Exposed — ZAVALETA-POLICIANO v. SESSIONS!

1612

ZAVALETA-POLICIANO v. SESSIONS, 4th Cir., as amended 09-18-17 (Published)

PANEL:  GREGORY, Chief Judge, WILKINSON, Circuit Judge, and DAVIS, Senior Circuit Judge

OPINION BY:  Chief Judge Gregory

KEY QUOTE:

“We hold that the BIA abused its discretion in affirming the IJ’s clearly erroneous factual finding. To start, the IJ unjustifiably relied on the fact that the threatening notes themselves did not explain why Zavaleta Policiano was targeted. As this Court recently explained, the single-minded focus on the “articulated purpose” for the threats while “failing to consider the intertwined reasons for those threats” represents “a misapplication of the statutory nexus standard.” Cruz v. Sessions, 853 F.3d 122, 129 (4th Cir. 2017). It is unrealistic to expect that a gang would neatly explain in a note all the legally significant reasons it is targeting someone. The IJ’s heavy reliance on the fact that El Salvadoran gangs target various groups of people in the country was similarly misguided. That “the criminal activities of MS-13 affect the population as a whole,” we have explained, is simply “beside the point” in evaluating an individual’s particular claim. Crespin-Valladares, 632 F.3d at 127.

More fundamentally, the IJ and BIA failed to appreciate, or even address, critical evidence in the record. It is this Court’s responsibility to “ensure that unrebutted, legally significant evidence is not arbitrarily ignored by the factfinder.” Baharon v. Holder, 588 F.3d 228, 233 (4th Cir. 2009). The IJ did discuss the threatening notes (although while drawing unwarranted conclusions, as discussed above). But the IJ failed to address, or to assign any weight to, the significant body of unrebutted, indeed, undisputed, probative evidence giving meaning and context to the threatening notes: (1) Zavaleta Policiano and her father’s stores, as well as their familial relationship, were well-known in the community; (2) MS-13 threatened Zavaleta Policiano several times by phone; (3) Zavaleta Policiano’s statement that MS-13 “threatened me because my father had left;” and (4) the threats against Zavaleta Policiano began immediately after her father fled to Mexico. These are inexcusable omissions in the agency’s analysis.

The Government asks us to reject much of the overlooked evidence, characterizing it as Zavaleta Policiano’s “subjective beliefs [] as to the gangs’ motives.” Appellees’ Br. 22–23. This argument does not explain away the IJ’s and BIA’s wholesale failure to discuss the evidence, however. See Ai Hua Chen v. Holder, 742 F.3d 171, 179 (4th Cir. 2014) (explaining that the IJ and BIA must “offer a specific, cogent reason for rejecting evidence” (quoting Tassi, 660 F.3d at 720)). What is more, Zavaleta Policiano’s affidavit includes much more than her “subjective beliefs”—it contains key evidence of the context, nature, frequency, and timing of the gang’s threats against her and her family. By stipulating to the credibility and veracity of the affidavit, the Government forwent the opportunity to probe and weaken the evidentiary basis of Zavaleta Policiano’s claims.

When considering the unchallenged record evidence, we are compelled to conclude that Zavaleta Policiano’s familial relationship to her father was “at least one central reason” MS-13 targeted and threatened her. The evidence shows that MS-13 explicitly threatened to kill Zavaleta Policiano’s father and his family if he did not pay the extortion demands, and that “[i]mmediately after” he fled El Salvador, the gang began threatening Zavaleta Policiano. A.R. 210. The timing of the threats against Zavaleta Policiano is key, as it indicates that MS-13 was following up on its prior threat to target Barrientos’s family if he did not accede to the gang’s demands. This explanation appears especially probable given the absence of record evidence that Zavaleta Policiano was ever threatened before her father’s departure. Beyond the timing, Zavaleta Policiano’s affidavit outlines the well-known relationship between the two businesses and the Policiano family, and contextualizes her statement that she was threatened because her father left. And just as MS-13 threatened Zavaleta Barrientos and his children, the gang threatened Zavaleta Policiano and her children, suggesting a pattern of targeting nuclear family members. The totality of this undisputed evidence demonstrates that Zavaleta Policiano was persecuted on account of her family membership.

We add that the BIA’s attempt to distinguish our precedent is unpersuasive. The BIA found, in a single sentence without any analysis, that Zavaleta Policiano’s claim is distinct from the one at issue in Hernandez-Avalos. A.R. 4 (mentioning Hernandez- Avalos, 784 F.3d at 949–50). But that decision actually bolsters Zavaleta Policiano’s position. There, the BIA denied asylum to a mother who was threatened by an El Salvadoran gang after she refused to allow her son to join the gang. The BIA held that the mother was not threatened on the basis of familial ties, but rather “because she would not consent to her son engaging in a criminal activity.” Hernandez-Avalos, 784 F.3d at 949 (citation omitted). In other words, the BIA determined that the gang’s threats against the mother were motivated by its desire to recruit the son. This Court rejected that “excessively narrow reading of the requirement that persecution be undertaken ‘on account of membership in a nuclear family.’” Id. We instead found that the nexus requirement was satisfied, explaining that the mother’s relationship “to her son is why she, and not another person, was threatened with death if she did not allow him to join [the gang].” Id. at 950. The same logic applies here. MS-13 warned Zavaleta Barrientos that it would target his family if he did not pay the extortion demands, and the gang in fact threatened Zavaleta Policiano immediately after her father left. Zavaleta Policiano’s relationship to her father is why she, rather than some other person, was targeted for extortion.

For all the reasons outlined above, we conclude that the BIA erred by affirming the IJ’s clearly erroneous finding. Zavaleta Policiano was not required to prove that the gang’s threats were “exclusively” motivated by her family ties—such “a requirement defies common sense.” See Cruz, 853 F.3d at 130. She only needed to show that the relationship with her father was “at least one central reason” MS-13 threatened her. Because Zavaleta Policiano made this showing, we find the BIA decision to be manifestly contrary to law and an abuse of discretion. See Hernandez-Avalos, 784 F.3d at 953 n.10. By establishing that she was persecuted on account of her family membership, Zavaleta Policiano has satisfied the first two requirements of her asylum claim.”

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Read the complete decision at the above link.

“Inexcusable” describes how the Immigration Courts under the BIA’s defective leadership are skewing facts and law to deny protection to Central American refugees. Not everyone can get a great lawyer like Tamara Jezic, and not every Circuit Court is as conscientious as this Fourth Circuit panel. That means that many of those Central Americans being railroaded through the system by DHS and EOIR are being improperly denied protection.

How can Federal Courts including the Supremes justify continuing to give “deference” to an appellate body that possesses neither expertise in the law nor care in reviewing records? It’s clear that BIA appellate review has become highly politicized and biased against asylum seekers. How much more of this nonsense are the Federal Courts going to put up with?

It also appears that the term “excessively narrow reading” is a perfect description of the BIA’s recent precedent in  Matter of L-E-A, 27 I&N Dec. 40 (BIA 2017), in which the BIA tortured the law to come up with a way of denying most family-based claims. Will the Fourth Circuit “call out” the BIA on this attempt to evade the law by denying family-based asylum claims?

We need an independent Article I Immigration Court!

Thanks and congratulations to respondent’s attorney Tamara Jezic for alerting me to this important decision.

PWS

09-18-17

 

 

Related posts:

  1. DERELICTION OF DUTY: 4th Cir. Exposes BIA’s Incompetence & Anti-Asylum Bias, Yet Fails To Confront Own Complicity — SINDY MARILU ALVAREZ LAGOS; K.D.A.A., v. WILLIAM P. BARR
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. “TERRIFIC TRIO” INSPIRES STUDENTS, FIGHTS FOR IMMIGRANT JUSTICE AT UVA LAW IMMIGRATION CLINIC — PLUS EXTRA BONUS: Go Back To School This Fall — Take My “One-Lecture” Class “Basic Asylum Law for Litigators” Right Here!
  4. VIEWS YOU CAN USE: SOPHIA GENOVESE SETS FORTH A BLUEPRINT FOR LEGAL RESISTANCE TO WHITE NATIONALIST XENOPHOBIA & SESSIONS’S ASSAULT ON HUMAN RIGHTS & THE RULE OF LAW FOR ASYLUM SEEKERS!

THE GIBSON REPORT FOR 09-18-17

GIBSON REPORT 09-18-17A

 

HEADLINES:

TOP UPDATES

SCOTUS Immigration Cases This Term
· Sessions v. Dimaya, Oral Argument October 2.
· Jennings v. Rodriguez, Oral Argument, October 3.
· Trump v. Int’l Refugee Assistance Project. Oral Argument October 10.
· Trump v. Hawaii. Oral Argument October 10.
· In travel-ban case, justices stay Ninth Circuit ruling

NY Governor Issues Executive Order Restricting Inquiry Into Immigration Status
ImmProf: “New York Governor Andrew M. Cuomo has issued Executive Order 170 that prohibits state agencies and officers from inquiring about or disclosing an individual’s immigration status unless required by law or necessary to determine eligibility for a benefit or service. Law enforcement officers will also be prohibited from inquiring about immigration status unless investigating illegal criminal activity.”

Trump Administration Loses Again in “Sanctuary City” Funding Case
ImmProf: “In a ruling with national impact, a federal judge in Chicago on Friday blocked the Trump administration’s rules requiring so-called sanctuary cities to cooperate with immigration agents in order to get a public safety grant.”

The Administration Is Late on Sudan/South Sudan TPS
CNN: “The Department of Homeland Security is overdue for a decision about Sudan and South Sudan; there are 1,039 temporarily protected immigrants from Sudan in the United States and 49 from South Sudan, according to data provided by US Citizenship and Immigration Services. Their status is set to expire November 2, and federal law requires a decision 60 days before the deadline and timely publication of that decision.”

ICE Wants to Destroy Its Records of In-Custody Deaths, Sexual Assault, and Other Detainee Files
The Nation: “In July, the National Archives and Records Administration (NARA)—the agency charged with maintaining records produced by the federal government—published a request made by Immigrations and Customs Enforcement (ICE) to begin destroying detainee records, including those related to in-custody deaths, sexual assault, and the use of solitary confinement. The request has been preliminarily approved.” The request predates the current administration.

Drastic drop in US admissions is bad news for Muslim refugees
Frelick: “This August, just 913 refugees were resettled into the U.S., the smallest monthly total in 15 years, according to the State Department’s refugee database.
The religious identity of refugees resettled to the United States also shifted dramatically.”

ICE Confirms Deportation Officers Arrested Four At Brooklyn Courthouse
Gothamist: “Three plainclothes agents with Immigration and Customs Enforcement entered Brooklyn Criminal Court on Thursday morning, “lurked,” and made multiple arrests outside, according to attorneys with Brooklyn Defender Services [BDS], a public defender organization.”

CALLS TO ACTION

· Monday September 25th a DACA Day of Action: AILA and NYLS Pro Bono DACA Renewal Clinic Volunteer Sign-Up link.

· Four Easy Ways to Advocate for the Dream Act

· Tell Congress to Stand Up for Refugee Resettlement: Right now, the Trump administration is deciding how many refugees we welcome into the United States next fiscal year.

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PWS

09-18-17

Related posts:

  1. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!
  2. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  3. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  4. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 

CAL LAW PLEASES LA LAW ENFORCEMENT BUT “PO’S” ADMINISTRATION! — LA Says, “We are committed to reducing crime through community partnerships and constitutional policing!” — If only “Gonzo” Shared Those Objectives!

http://www.latimes.com/local/lanow/la-me-ln-mcdonnell-immigration-20170916-story.html

Gale Holland reports for the LA Times:

“California’s new “sanctuary state” bill limiting local law enforcement cooperation with federal immigration agents drew support Saturday from Los Angeles officials, but a stinging rebuke from the Trump administration, whose Justice Department said the measure “undermines national security and law enforcement.”

Mayor Eric Garcetti said he was “grateful” to the legislature, while Police Chief Charlie Beck said the bill built on 40 years of the city’s efforts to foster trust in immigrant communities.

“We are committed to reducing crime through community partnerships and constitutional policing,” said Beck.

The legislation passed early Saturday drastically scaled back the version first introduced, the result of tough negotiations between Gov. Jerry Brown and the bill’s author, Sen. Kevin de León (D-Los Angeles), in the final weeks of the legislative session. The bill, SB 54, must still be signed by the governor.

 

Los Angeles County Sheriff Jim McDonnell, an early and prominent opponent of the bill, said the changes had satisfied his concerns that it would hurt immigrants more than it would help them.

“While not perfect, [the bill] kept intact our ability to maintain partnerships with federal law enforcement officials who help us in the fight against gangs, drugs and human trafficking,” McDonnell said in a written statement. “It also retains the controlled access that the United States Immigration and Customs Enforcement has to our jails.”

The Trump administration, which earlier threatened to withhold federal grants from sanctuary cities, warned that the bill threatened public safety.

“Just last month another illegal alien allegedly killed a community volunteer, yet state lawmakers inexplicably voted today to return criminal aliens back onto our streets,” said Devin O’Malley, a spokesman for the U.S Department of Justice. “This abandonment of the rule of law by the Legislature continues to put Californians at risk, and undermines national security and law enforcement.”

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

Read the rest of the article at the link.

As usual, the DOJ’s inflammatory reference to “another illegal alien” is totally counterproductive and spreads the “Sessions myth” that that the migrant community is synonymous with a crime wave and that gonzo law enforcement is good law enforcement.

But, the Trump Administration actually spends more time and effort removing so-called “collaterals” — individuals with no criminal record — from their communities — than it does either solving or preventing serious crime. And, it is destroying hard-earned trust between local communities and police while further and unnecessarily destroying the already overburdened U.S. Immigration Courts in the process. Now, that’s what I call “gonzo enforcement.” Everybody loses, including the Feds.

Obviously, communities want to remain safe from dangerous individuals. The overwhelming number of undocumented individuals in the community are law abiding residents who share the desire for a safe community in which to raise their families and are more likely to be victims of crime, key witnesses, or police informants than they are to be criminals.

From what I can see, the California law, at the insistence of Governor Brown (who helped out the GOP and the Administration when they punted), has preserved large areas of cooperation between the Feds and locals in taking dangerous individuals who happen to be foreign nationals off the streets. Rather than building upon this, and expressing some appreciation for the work of the Governor’s office in adjusting the bill to meet the legitimate needs for cooperation between state and local authorities, the DOJ just keeps reading from its shopworn (largely imaginary) “parade of horribles” that is intended to scapegoat migrant communities, and even ethnic Americans, many of whom live in those communities, without addressing the realistic needs for cooperative community policing or serious immigration reform.

We’ll see what happens. But, what California has come up with could conceivably serve as a model for smart local-federal cooperation on immigraton enforcement with a future and “smarter” and less ideologically driven DOJ and Administration.

PWS

09-16-17

 

 

Related posts:

  1. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  2. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  3. LA TIMES: MAJORITY OF CALIFORNIANS VALUE MIGRANTS (REGARDLESS OF STATUS) — OPPOSE TRUMP ADMINISTRATION’S “GONZO” IMMIGRATION ENFORCEMENT!
  4. Michael Paarlberg @ THE GUARDIAN: HOW WACKO & COUNTERPRODUCTIVE IS TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT? — Who Screws Their Friends & Productive Residents While Empowering Multinational Gangs? — “[MS-13] can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. . . . There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

TRUMP ADMINISTRATION’S “GONZO” IMMIGRATION ENFORCEMENT THREATENS TO DESTROY KEY INDUSTRY IN “RED STATE” — Spreading Myth That Migrants Are Bad & Steal Jobs From Americans Has Dire “Real Life” Consequences!

 

http://www.politico.com/magazine/story/2017/09/16/trump-immigration-crackdown-idaho-dairy-industry-215608?cid=apnJazmine Ulloa

Susan Ferriss reports in Politico:

“JEROME, IDAHO —In the Magic Valley of southern Idaho, milk is money.

Over 400,000 cows reside in this area, where the miracle of modern irrigation from the Snake River fed pioneer farming. Bovines now outnumber humans by more than two to one. Workers in rubber boots pull long shifts feeding livestock, clearing mountains of manure and extracting millions of pounds of milk all day, every day, all year, on ranches tucked into the rock and sagebrush-studded landscape. Sleek silver tankers filled with milk barrel down Interstate 84 toward dairy processing plants, among them one owned by Chobani, which opened the world’s biggest yogurt factory five years ago just down the road in Twin Falls. Since 2000, milk production has doubled in Idaho, providing the state with $10.4 billion in direct sales, according to University of Idaho economists. Chobani’s gleaming $750 million, cream-colored plant is just one of the many big businesses linked to Idaho’s voluminous milk production, now around third- or fourth-largest among states.

 

In short, the Magic Valley’s dairy boom is a contemporary rural American success story—the kind that President Donald Trump railed as a candidate is too often missing across the country. Unemployment here was less than 3 percent this summer, about as good as it gets, and optimism should be high. Yet on dairy farms, among both owners and workers, a sense of dread hangs in the dry southern Idaho air.

Dairy farmers lean heavily Republican in this deeply red state of only 1.7 million people, where 88 percent of the voting-age population are non-Hispanic whites. But in the age of Donald Trump—who won Idaho handily —even the farmers who supported the new president fear their businesses are about to run headlong into a harsh political reality. They’re frightened that Trump’s aggressive deportation policies will soon start to pick off or push away the mostly Hispanic immigrants who do the gritty work that Americans aren’t interested in doing. Many of these workers are probably undocumented, farmers acknowledge, yet they’re the sturdy backbone of a surging industry. Here in the Magic Valley, the farmers’ perspective is starkly different from the president’s claim that undocumented workers “compete directly against vulnerable American workers.”

An immigrant woman attaches cleans cows’ teats and attaches pumps in a state-of-the art milking parlor. Hundreds of cows file in and instinctively turn around to be milked, three times a day. Sometimes the animals kick and defecate, milkers say.
An immigrant woman attaches cleans cows’ teats and attaches pumps in a state-of-the art milking parlor. Hundreds of cows file in and instinctively turn around to be milked, three times a day. Sometimes the animals kick and defecate, milkers say. | Joy Pruitt for the Center for Public Integrity
And the farmers’ view is pitting them against a vocal contingent of neighbors who’ve responded both to Trump’s rhetoric and far-right media that has targeted immigrants as a threat. Southern Idaho, in fact, became a flashpoint for xenophobia this past year when outlets like Breitbart and InfoWars, seized on false reports about Muslim refugees—accusing them of gang rapes and the spread of fatal diseases like tuberculosis—and turned the remote area into an anti-immigrant cause celebre. But locally, it’s starting to sink in that Trump’s vows to oust undocumented workers—whom he claims are a drain on the economy—could actually kick the legs out from under the “Made in America” model the Magic Valley exemplifies.

Idaho dairy industry representatives estimate that between 85 to 90 percent of on-site dairy workers in the state are foreign-born. The U.S. Department of Labor and other estimates suggest that nearly half to 70 percent of all U.S. farm laborers are undocumented—certainly enough to shut down many of the milk pumps here if workers are ousted as a result of Trump’s policies.

That’s why farmers’ groups have for years pushed Congress, unsuccessfully, to make it possible for them to legally employ immigrants they say are desperately needed. Prospects don’t look any rosier now. In recent months, anti-immigrant rhetoric has only grown more vitriolic, and Trump supporters—including some here—are expecting the president to follow through on campaign promises and deport more people.

Those who understand the dairy business here fear that a political solution won’t materialize before it’s too late, if ever. And that means businesses could struggle due to labor shortages and plummeting production.

Shannon Perez, an American who was married to Mexican dairy worker who was deported, believes Americans don’t understand that the current immigration system doesn’t allow immigrant workers to “get legal.”
Shannon Perez, an American who was married to Mexican dairy worker who was deported, believes Americans don’t understand that the current immigration system doesn’t allow immigrant workers to “get legal.” | Susan Ferriss for the Center for Public Integrity
“The dairy industry is a big money maker. But without workers, without somebody that’s going to be there 12 hours a day, milking your cows, getting dirty, there’s no business,” said Shannon Pérez, a non-Hispanic Anglo, as people here say, who’s worked on dairy and calf ranches. She’s already watched helplessly as her own family was split by deportation.”

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

Read the entire article at the above link.

For those of us who have worked in the field of immigration for decades, it is hardly surprising that policies driven by White Nationalism, xenophobia, and just plain old racism and meanness would hurt a wide and diverse swarth of Americans, including many of those same misguided souls who ignored the facts and voted Trump into office.

We need to screen the undocumented folks who are here now, remove those who are criminals or engaging in socially destructive conduct, and give some type of legal status to the rest. Then, we need to significantly expand the number of legal immigrants we accept each year to more closely match market demand, save more lives of those fleeing harm, harness the energy, skills, and talents that will allow us to prosper and lead in the future, and make future immigration enforcement rational, efficient, and effective (by not wasting time arresting, detaining, and deporting those who actually are here to help us).

Folks like Jeff Sessions are pushing an irrational program that if it actually were achievable (which is isn’t) would cripple and perhaps destroy both the economy and the social fabric of our great nation.

It’s time for the majority of “rationalists” (regardless of party affiliation) to band together and defeat the attack of a well-organized minority that is out to harm our country and endanger our future.

PWS

09-16-17

 

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. WALL? WHAT WALL? – BUREAUCRATIC BARRIERS BEST BAR TO (NEEDED) IMMIGRATION (Hey, I Could’ve Told ‘Em That!) – But, White Nationalist Goal Of Returning To A “White America” Ultimately Doomed — “You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,”. . . “It will just become less white at a slower pace.”
  3. THE XENOPHOBIC WHITE NATIONALISM OF TRUMP, SESSIONS, & THE GOP RESTRICTIONISTS COULD WELL LEAVE AGING BABY BOOMERS WITHOUT NEEDED HEALTH CARE ASSISTANCE!
  4. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

BRET STEPHENS IN NYT: Right Finally Getting The Trump They Deserve!

https://www.nytimes.com/2017/09/15/opinion/trump-conservatives-democrats-daca.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left-region%C2%AEion=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region&_r=0

Stephens writes:

“Who are the “cuckservatives” now?

I use the epithet — “cuck” is short for cuckold — since it’s the one Trump’s most vociferous supporters hurled at mainstream Republicans they accused of caving in to the moral bullying of liberals, especially on the subjects of race and immigration.

But now it’s the president who is doing exactly that, making the case for DACA beneficiaries in terms his base most condemns: as “good, educated and accomplished young people who have jobs, some serving in the military” and who don’t deserve to be thrown out of the country simply because their parents brought them to the United States as children. It’s the kind of thing Nancy Pelosi — or, worse, John McCain — might say.

It’s also the kind of thing that could make for a successful presidency, if only Trump could follow his pragmatic instinct, banish his inner Steve Bannon and shelve the worst promises of his candidacy, as he already has with his threats to exit NATO.

Next steps could include pairing an infrastructure bill with tax reform, eliminating budget sequestration and the debt ceiling, restoring funding to the State Department and cutting it to the United Nations, and saving the nuclear power industry through deregulation and federal subsidies — in the name of combating climate change.

But Trump’s move toward the Democrats on DACA — just as his earlier move toward them on the debt ceiling — isn’t about pragmatism. It’s not even about the plasticity of his convictions.

It’s about his addiction to betrayal, his contempt for those who bend their knee to him, his disdain for “losers” (especially when they’re on his side) and his desperate need to be admired by those who despise him most simply because they have the wit to see through him. This is a presidency whose defining feature isn’t ideology, much less policy. It’s neurosis.

In other words, there is no “pivot” at work in the presidency, in the mold of Arnold Schwarzenegger’s leftward turn during his governorship of California. There’s a mood swing.

That might comfort the Trump true believers who fear their president is abandoning them. It shouldn’t: He feels about as much loyalty toward them and their convictions as he’s felt toward his several wives. Remember that, as recently as 2012, he denounced Mitt Romney for an excessively harsh attitude toward immigrants, calling the Massachusetts governor’s policy of self-deportation “crazy” and a turnoff to “everybody who is inspired to come into this country.”

All of this is fun, since it’s always delightful to see blowhards and bigots get their comeuppance at the hands of their idol. The ideologues of the right are left to make do with their jester and his antics. I hope they have a sense of humor about it.

But there’s also a lesson for conservatives who mistook Trump’s bluster for seriousness. Not least among the conservative “Never Trump” objections to the candidate is that he would be a disaster to the Republican Party — not just because his beliefs, such as they were, were anathema to the party’s best traditions, but because at heart he was a destructive opportunist with no core convictions beyond his own immediate advantage.

The president’s newfound good sense on DACA is good news for the country, provided it lasts. Nobody should count on it whipping any sense into those conservatives who fell for him, also known as cucks.”

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

Read Stephens’s full column at the link.

Stephens chooses to be a bozo on climate change (controversy ups readership, I suppose), but he sure does understand the evil dynamics of Donald Trump. Believe in nothing, be loyal to nobody, but require absolute belief and loyalty from others. That’s why Trump is such a danger to our country and to our national security. He doesn’t believe in the Constitution, humane values, democracy, or the free world for that matter. He is his own “Cult of Personality” and his erratic self-centered behavior certainly is reminiscent of guys like Mao (although to be fair, The Donald hasn’t ordered the liquidation of his “enemies” — just public humiliation, dissing, twitter shaming, threats of political retaliation, and occasionally calling for baseless criminal prosecutions).

Any time overhyped Neo-Fascists like Ann Coulter, Laura Ingraham, Steve King, and Sean Hannity as well as ideologue White Nationalists like Jeff “Gonzo Apocalypto” Sessions, Stephen Miller, and Steve Bannon are up in arms, you know that the country is moving in the correct (can’t use the term “right” here) direction.

PWS

09-16-17

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
  3. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  4. THE NY TIMES TAKES YOU INSIDE THE “NERVE CENTER” OF THE WHITE NATIONALIST EMPIRE: TRUMP’S “GONZO” IMMIGRATION POLICIES DRIVEN BY XENOPHOBIA, RACISM, IRRATIONAL FEAR, FAKE NEWS, MISINFORMATON, AND BIAS! – Trump & Cronies Deny Our Nation’s Immigrant Past While Seeking To Destroy Our Future As A Powerful and Diverse Democracy!

WHAT DO YOU CALL SOMEONE WHO ENJOYS INFLICTING GRATUITOUS PAIN AND SUFFERING ON VULNERABLE PEOPLE? — Jeff Sessions

https://www.washingtonpost.com/news/powerpost/wp/category/the-daily-202/?utm_term=.c4e82aca4268&wpisrc=nl_daily202&wpmm=1

James Hohmann writes in then”Daily 202″ in the Washington Post:

“THE BIG IDEA: Photographers caught a giddy Jeff Sessions cracking a satisfied smile last week as he prepared to announce that 690,000 undocumented immigrants who had been brought into the United States as minors would no longer be shielded from deportation. The Deferred Action for Childhood Arrivals program “is being rescinded,” the attorney general declared in the first line of his statement. “There is nothing compassionate about the failure to enforce immigration laws. … Failure to enforce the laws in the past has put our nation at risk of crime, violence and even terrorism. … The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” Fact checkers called these and other claims Sessions made about the immigrants known as “dreamers” dubious or outright false. Perhaps that’s why he didn’t take questions afterward. Regardless, the speech was widely covered as a triumph for the nation’s chief law enforcement officer and a sign that he was out of President Trump’s doghouse. Not only did Sessions get the outcome he wanted; he also got to deliver the news from the Justice Department briefing room. Trump’s DACA decision last week seemed to validate Sessions’s decision to slog on through the summer even after being frozen out of the inner circle. From interviews to tweets, Trump repeatedly attacked his attorney general throughout July as “weak” and “beleaguered.” The main reason Sessions chose to put up with indignities that might cause most people to quit was because he believed he could make a difference on immigration policy. That has always been his signature issue and animated his two decades in the Senate.

— But it took less than 10 days for Trump to once again undercut Sessions. The president on Thursday signaled his embrace of granting permanent legal status to these “dreamers” as part of a deal with Democrats that he said is close to being finalized. He also acknowledged that he’s not going to make a deal to save DACA contingent on getting funding for the wall he wants to build along the U.S.-Mexico border.

Discussing the exact same group of people that Sessions painted with such a sinister brush one week earlier, Trump tweeted yesterday: “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!” Trump tweeted yesterday. “They have been in our country for many years through no fault of their own — brought in by parents at young age.”

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

Read the rest of Hohmann’s always-entertaining column at the above link.

Quite simply, Jeff “Gonzo Apocalypto” Sessions is a poor excuse for a human being and a disgrace to the U.S. Department of Justice. What kind of person is motivated by a desire to destroy our society by hurting fine American young people and smearing them with lies and innuendo?

But, let’s not forget who empowered his message of hate and fear by appointing him, and who “blew by” his long record of racial problems while silencing the opposition that told truth. And, a special “shout out” should go to those who voted to put this intentionally divisive Administration in office and to the unapologetically racially challenged white GOP voters of Alabama who elected this leftover of the Jim Crow era time and time again.

Jeff Sessions does not represent the values of the majority of Americans. We must get it together at the ballot box to insure that he (and those like him) never again happen to us and to our country!

PWS

09-15-17

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  3. WALL? WHAT WALL? – BUREAUCRATIC BARRIERS BEST BAR TO (NEEDED) IMMIGRATION (Hey, I Could’ve Told ‘Em That!) – But, White Nationalist Goal Of Returning To A “White America” Ultimately Doomed — “You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,”. . . “It will just become less white at a slower pace.”
  4. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

THE HILL: N. RAPPAPORT SUGGESTS LEGISLATIVE SOLUTIONS FOR LONG-TERM “TPSers!”

http://thehill.com/opinion/immigration/350668-with-dreamers-out-bring-immigrants-under-temporary-protection-status-in

Nolan writes:

“The Temporary Protected Status program (TPS) provides refuge in the United States to more than 300,000 aliens from a total of 13 countries: El Salvador, Guinea, Haiti, Honduras, Liberia, Nepal, Nicaragua, Sierra Leone, Somalia, Sudan, South Sudan, Syria, and Yemen.

They are supposed to leave when it is safe for them to return to their own countries, but it can take many years for conditions in their countries to improve. The need for TPS can last for decades.

It does not include a path to permanent resident status, but should aliens who have lived in the United States for decades be required to leave when their TPS is terminated?

Rep. Zoe Lofgren (D-Calif.) says that at some point they have been here so long that they should be allowed to remain permanently: “There should be some rational way to transition people who have been here for a long time … who because of the length of their stay have basically become valued members of our community.”

. . . .

An alien is free to apply for other types of immigration status while he has TPS.

So, should congress make permanent resident status available to TPS aliens when conditions in their countries keep them here an exceptionally long time?

I agree with Lofgren that at some point, TPS aliens have been living here so long that it no longer makes sense to send them back to their own countries.

The best solution would be to change the TPS provisions to make some form of permanent status available when aliens are forced to remain for exceptionally long times because conditions in their countries do not improve, but that might not be possible.

One of the TPS provisions imposes a limitation on consideration in the Senate of legislation to adjust the status of aliens who have TPS. It provides that it shall not be in order in the Senate to consider any bill or amendment that provides for adjustment to lawful temporary or permanent resident status for TPS aliens, or has the effect of amending the TPS provisions in any other way.

This restriction can be waived or suspended with an affirmative vote from three-fifths of the senators, which is known as a “supermajority vote.”

But there is an alternative that would not require changing the TPS provisions.

The Registry legalization program, which was established in 1929, makes lawful permanent resident status available to qualified aliens who entered the United States before January 1, 1972; have resided in the United States continuously since such entry; and have good moral character.

An update of the registry cutoff point is long overdue. It has not been changed since it was set at 1972, by the Immigration Reform and Control Act of 1986 (IRCA).

The change would apply to all undocumented aliens who can meet the eligibility requirements.”

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Read Nolan’s complete article, which contains a very succinct and helpful explanation of TPS which I omitted above, over at The Hill.

I think that Nolan has hit it on the head here! There is virtue in using existing administrative processes to deal with new issues. And, as he points out, “Registry” is there for the taking, and it’s been 30 years since it was updated!

Recollection: Understandably, we didn’t see very many “Registry” cases during my tenure at the Arlington Immigration Court (2003-16). But the rare ones we did receive always received “waivers” of the “no business at lunch rule” because they always involved such interesting human stories. I never came across one myself. But, I think that my colleagues who did always felt like they had discovered a “nugget of gold” in the least expected place! It would also help the Immigration Courts because most of the Registry cases (like the TPS cases) could be adjudicated over at USCIS, thereby reducing “docket pressure.” Bring back Registry! Yea Nolan!

PWS

09-14-17

Related posts:

  1. THE HILL: N. Rappaport Believes That Expedited Removal Is the Key To Reducing The Immigration Court Backlog
  2. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  3. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  4. EXPOSED! — AILA’S JOHNSON SHOWS HOW “GONZO” INTENTIONALLY MISUSES DATA TO CREATE A FALSE ANTI-ASYLUM, ANTI-LAWYER NARRATIVE TO CONCEAL THE REAL GLARING PROBLEM DRIVING US IMMIGRATION COURT BACKLOGS — AIMLESS DOCKET RESHUFFLING (“ADR”) DRIVEN BY POLITICOS ATTEMPTING TO STACK THE COURT SYSTEM AGAINST DUE PROCESS AND TILT IT IN FAVOR OF DHS/ADMINISTRATION ENFORCEMENT INITIATIVES!!!!!!! — SURPRISE — By Far The Biggest Increase In Continuances Comes From DHS & EOIR Itself!

“DREAM DEAL” DESCENDS INTO TYPICAL TRUMP CHAOS WITHIN 24 HOURS! — Who REALLY Knows What’s On His Mind?

http://www.huffingtonpost.com/entry/trump-border-wall-daca_us_59ba570ee4b0edff971983ee?ncid=inblnkushpmg00000009

Elise Foley and Willa Frej report for HuffPost:

“WASHINGTON ― President Donald Trump gave a series of conflicting statements on Thursday about how he hopes to deal with young undocumented immigrants who came to the U.S. as children, muddying the waters over whether he will support their bid to gain eventual citizenship and whether he will demand a border wall in exchange.

Trump’s comments, made both to reporters and on Twitter, came after leading Democrats in Congress said they had reached an informal deal with the president on legislation to help so-called Dreamers, or undocumented young people who entered the country as children.

Last week, Trump put the fates of hundreds of thousands of Dreamers up in the air by rescinding the Deferred Action for Childhood Arrivals program, which granted two-year work permits and deportation relief.

Senate Minority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) said on Wednesday that they had reached an agreement with Trump to tie measures to grant Dreamers legal status to border security measures, but not to a wall. They said Trump had made clear he would continue to demand a wall, and that they had told him they would oppose it.

Trump denied that a deal had been made, although he initially did not dispute key details of what the Democrats had said. But later, he said Dreamers’ fates would be tied to the construction of a border wall, even if it’s not part of legislation that addresses Dreamers.

“We have to be sure the wall isn’t obstructed, because without the wall, I wouldn’t do anything. … It doesn’t have to be here but they can’t obstruct the wall if it’s in a budget or anything else,” Trump told reporters in Florida, according to a pool report.

He added that he would “only do it if we get extreme security, not only surveillance but everything that goes with surveillance,” Trump said. “If there’s not a wall, we’re doing nothing.”

The president also created more confusion by suggesting that he might not support allowing Dreamers to eventually gain citizenship. That would destroy any hope of a deal with Democrats, who want Trump to support the Dream Act, which would allow undocumented young people who came to the U.S. as children to eventually become citizens.

“We’re not looking at citizenship,” he said. “We’re not looking at amnesty. We’re looking at allowing people to stay here.”

That doesn’t necessarily preclude eventually supporting Dream Act-style measures, however. The bill would not grant citizenship immediately; it would allow Dreamers to gain legal status that would make them eligible for eventual citizenship ― so there’s potential that Trump could eventually back such measures and still claim they were not the “amnesty” he opposes.

Earlier on Thursday, Trump said in a series of tweets that any deal on Dreamers would be contingent on “massive border security,” although he didn’t specify that it had to include a wall. He added that the wall is “already under construction in the form of new renovation of old and existing fences and walls” and would proceed.”

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And, the beat goes on! I knew that sanity couldn’t last long in the “Age of Trump.”

PWS

09-14-17

Related posts:

  1. ELISE FOLEY @ HUFFPOST: TRUMP’S WHITE NATIONALIST AGENDA APPEARS ON TRACK TO SINK DREAMER AGREEMENT, PERHAPS RESULTING IN USG SHUTDOWN! – Sen. Durbin, Dems “Just Say No” To Restrictionist Measures!
  2. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  3. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  4. Michael Paarlberg @ THE GUARDIAN: HOW WACKO & COUNTERPRODUCTIVE IS TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT? — Who Screws Their Friends & Productive Residents While Empowering Multinational Gangs? — “[MS-13] can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. . . . There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”