TRUMP, MILLER, & “COOCH COOCH” ARE AS INTELLECTUALLY DULL AS THEY ARE RACIST — “USEFUL IDIOTS” PROVE NO MATCH FOR SMART WOMEN: CNN’S ERIN BURNETT, HUFFPOST’S SARAH RUIZ-GROSSMAN, HISTORIAN ANNIE POLLAND, & VANITY FAIR’S BESS LEVIN — No Wonder The Administration’s  Malicious Incompetents Surround Themselves With (Mostly Old White Male) Folks Who Might Be Even Dumber (But Not More Vile) Than They Are!

Erin Burnett
Erin Burnett
CNN Anchor
Erin Burnett OutFront 

Watch Erin eviscerate “Coach Cooch” — talk about debunking many of Trump’s flse narritives and blatant racist lies in one short piece:

https://apple.news/AzfXx6N_GTA-c-0HtLeBxmQ

 

Sarah Ruiz-Grossman
Sarah Ruiz- Grossman
News & Politics Reporter
Huffington Post
Annie Polland
Annie Polland
Historian & Executive Director
American Jewish Historical Society, NY

Read Sarah’s report of the mismatch, featuring American Jewish Historical Society’s Historian Annie Polland:

 

https://www.huffpost.com/entry/ken-cuccinelli-statue-liberty-poem-about-europe_n_5d535ed3e4b05fa9df0671ee

 

POLITICS 

  7 hours ago

Ken Cuccinelli: Statue Of Liberty Poem About ‘People Coming From Europe’

Trump’s citizenship and immigration chief followed up his earlier comments about the famous Emma Lazarus poem with a racist clarification.

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Ken Cuccinelli, the Trump administration’s acting head of U.S. Citizenship and Immigration Services, reinforced his controversial interpretation of the inscription on the Statue of Liberty ― this time giving it a racist twist.

CNN journalist Erin Burnett was asking Cuccinelli about his earlier interview with NPR, in which he reworded the Emma Lazarus poem “The New Colossus,” saying: “Give me your tired and your poor who can stand on their own two feet, and who will not become a public charge.”

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“‘Wretched,’ ‘poor,’ refuse’ – right? That’s what the poem says America is supposed to stand for. So what do you think America stands for?” Burnett asked Cuccinelli.

“Well, of course, that poem was referring back to people coming from Europe,” Cuccinelli answered, “where they had class-based societies, where people were considered wretched if they weren’t in the right class … And it was written one year after the first federal public charge rule was written.”

It is unclear why Cuccinelli felt the need to specify the group of immigrants Lazarus was referring to. The poem itself describes the Statue of Liberty by saying, “From her beacon-hand/ Glows world-wide welcome.” USCIS did not immediately respond to HuffPost’s request for comment.

Cuccinelli was on NPR defending the Trump administration’s controversial new rule effectively barring legal immigrants who are on government benefits, like food stamps and Medicaid, from becoming permanent residents.

Josh Marshall

@joshtpm

 

 

Lotsa folks asking for longer version of this cuccinelli clip. Here it is.

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7:36 PM – Aug 13, 2019

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After his remarks on NPR, HuffPost spoke to Annie Polland, a historian and director of the organization that has the original manuscript of Lazarus’ poem.

“To see how something so expressive of the country’s greatest ideals, to see how it could be so contorted or distorted, is really, I think, dismay is the only word,” said Polland, the executive director of the American Jewish Historical Society in New York, adding that she was “not surprised because we’ve been hearing these sentiments more than we have in the past.”

Lazarus originally wrote the poem in 1883 and it was added to the statue in 1903. Since then, the poem has become a symbol of the United States’ history of immigration.

Polland argued that the poem “is as much about who America or what America should be, as it is about immigrants,” adding that “in many ways, America defines itself by how it’s welcoming immigrants.”

 

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

And, speaking of “evisceration,” perhaps no pundit in American does it better than Vanity Fair’s Bess Levin, who as had “Don the Cons’s “number “dialed up” from the get-go:

https://www.vanityfair.com/news/2019/08/ken-cuccinelli-statue-of-liberty

Lady Liberty

TRUMP OFFICIAL REWRITES STATUE OF LIBERTY POEM TO REFLECT TRUMP’S “NO POORS” POLICY

Ken Cuccinelli doesn’t think the whole “give me your tired, your poor” business applies anymore.

BY

BESS LEVIN

AUGUST 13, 2019

BY WIN MCNAMEE/GETTY IMAGES.The base of the Statue of Liberty famously displays the words of Emma Lazarus, “Give me your tired, your poor, your huddled masses yearning to breathe free.” But, if Donald Trump’s top immigration official had it his way, the poem would be revised to reflect the president’s “rich immigrants only” policy.

Speaking to NPR on Tuesday, the day after the administration unveiled a new rule that will penalize green card applicants for “financial liabilities” like having a low credit score or using Medicaid, Ken Cuccinelli, acting director of U.S. Citizenship and Immigration Services, was asked if Lazarus’s poem, “The New Colossus,” remains “part of the American ethos.” To which Cuccinelli offered some suggested edits inspired by the executive branch’s take on who should or shouldn’t be allowed to live in the United States. “They certainly are,” Cuccinelli said. “Give me your tired and your poor—who can stand on their own two feet and who will not become a public charge.”

Aaron Rupar

@atrupar

 

 

Here’s acting USCIS director Ken Cuccinelli saying on NPR this morning that the Statue of Liberty plaque should be changed to read, “give me your tired and your poor who can stand on their own two feet, and who will not become a public charge.”

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One day prior, Cuccinelli had told reporters at the White House that he was “certainly not prepared to take anything down off the Statue of Liberty,” though apparently, having slept on it, he’s now up for some kind of appendage. During his interview with NPR, Cuccinelli noted that the plaque bearing Lazarus’s words “was put on the Statue of Liberty at almost the same time as the first public charge was passed—very interesting timing.” It’s not at all clear what point he thought he was making.

WATCH NOW: 

Jon Favreau Breaks Down The Lion King’s Opening Scene

 

Despite having zero actual experience in immigration policy, Cuccinelli was hired in May thanks to previous work sponsoring bills that tried to repeal birthright citizenship and would force employees to speak English in the workplace. (Had the latter passed, we assume Cuccinelli would have proposed revising the Statue of Liberty’s poem to read, “Speak English, bitch.”) In 2013, his mother told the Washington Post that as Christians, the Cuccinellis raised their children to “care [for] the poor” and that “if someone is starving, you want to bring him a meal, not a book on how to cook,” lessons her son apparently forgot. (Speaking of his Christian values, Cuccinelli has said that homosexuality “brings nothing but self-destruction, not only physically but of their soul.”)

This isn’t the first time a member of the Trump administration has cast aspersions on the whole “give me your tired, your poor,” business. Back in 2017, Stephen Miller, the president’s chief white rage officer, told Jim Acosta that he didn’t give a shit about the poem because it “was added later and is not part of the original Statue of Liberty.”

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

We are “governed” by evil racist fools. It’s up to the “The Due Process Army” and others to defend America and American ideals from these ignorant, yet existentially dangerous, White Nationalist racists!

 

PWS

08-14-19

 

 

 

 

 

COURTSIDE HAS BEEN SAYING IT FOR YEARS: For Survival As A Nation, We Need To Keep All The Law Abiding (95+%) Legal & Undocumented Immigrants Already Here, PLUS Enact A Robust Increase In Legal Immigration In All Categories & Allow Many More Legally Admitted Refugees & Asylees — Unless & Until Congress Works Up The Courage (E.G., “Balls”) To Do This, Even Over The Objection Of The White Nationalist Racist Restrictionists, Large Scale “Civil” Immigration Enforcement Is A Beyond Stupid, Highly Unprofessional, Cruel Hoax — An Abuse Of Authority, & A Grotesque Waste Of Taxpayer Resources That Makes America Infinitely Worse As A Nation — FINALLY, THE SO-CALLED “MAINSTREAM MEDIA” IS STARTING TO “GET IT!

https://www.washingtonpost.com/opinions/ice-sweeps-are-cruel-without-immigration-reform-theyre-pointless-too/2019/08/11/88d212b8-bad4-11e9-bad6-609f75bfd97f_story.html

From the WashPost Editorial Board:

By Editorial Board

August 11

THE DEPORTATION sweep Wednesday by hundreds of U.S. Immigration and Customs Enforcement agents at several food processing plants in Mississippi left a trail of tears, business jitters and widespread anxiety in places where undocumented immigrants are so tightly woven into communities that the towns would struggle to exist without them. The raids inflicted predictable suffering — especially among children whose parents were suddenly carted off — to such a degree that just 24 hours afterward, ICE had released some 300 of the 680 migrants it had arrested, including those who had no criminal records.

President Trump, whose own family business has for many years employed migrants who entered the country illegally , pronounced the Mississippi action a “very good deterrent ” to unauthorized immigration. The evidence for that assertion is nil. Still, the sweep provided some useful reminders, not least that the United States cannot deport its way out of a dysfunctional immigration system.

First, the raids underline American agriculture’s deep dependency on undocumented workers, who in 2014 accounted for 17 percent of employees in the sector — and considerably more than that on farms and in many food processing plants. Little wonder that plant managers and local residents in towns targeted by ICE last week worried that the raids would sap their businesses and vitality.

The fact is that relatively few Americans want dirty, dangerous jobs that pay $12 per hour, while requiring some employees to report to work at 3 a.m. One study commissioned by the dairy industry suggested 3,500 dairy farms would close if half the country’s foreign-born workers were deported; another survey, from North Carolina, showed that in 2011, a minuscule number of the state’s nearly half-million jobless workers applied for 6,500 available farm jobs, and most of those who were hired couldn’t hack the work; most of the jobs were then filled by Mexicans.

Second, any large-scale enforcement action will inevitably result in families being broken apart — including those whose children are U.S. citizens. In 2017, two-thirds of unauthorized adult migrants had lived in the United States for more than a decade, according to the Pew Research Center; their median duration of residence was 15 years. Officials may not like the optics of crying toddlers and preteens whose parents have been taken away, but they shouldn’t be surprised.

Third, businesses like the ones in Mississippi that employ undocumented workers are subject to federal prosecution. But it was Republican leaders in the House of Representatives last year, on Mr. Trump’s watch, who blocked legislation that would have required private employers to use E-Verify, a data system used to check whether employees are legally present in the country. Farm groups, including those who represent major employers in Republican districts in California and elsewhere, are dead set against requiring E-Verify, knowing it would produce severe labor shortages.

ICE officials and federal prosecutors are right that deportation sweeps are within their purview as lawful enforcement actions. The problem is that the law is so blatantly misaligned with economic, social and political realities that it is magical thinking to believe that enforcement alone, in the absence of sweeping reform of existing laws, can make a dent in the nation’s population of 10.5 million undocumented immigrants.

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

Best Point: Immigrants at the “lower levels” of our economic ladder make just as much, probably more, contribution to the national prosperity, continued existence, and welfare as those at the top. And, certainly they do more for the good of the nation than Trump and the useless civil enforcement authorities at DHS.

While I’m not going to turn away a “rocket scientist” who wants to immigrate, we certainly need more qualified agricultural, home health care, and construction workers than “rocket scientists.” And, yes, logical choices to enforce and administer the law in a rational manner, including declining to enforce useless and counterproductive provisions, and to resist political pandering stemming from racist motives are well within the lawful discretion of all law enforcement agencies.

Quibble: Just because enforcement is technically “lawful” does not mean that it’s prudent or appropriate. Most of today’s civil immigration enforcement is immoral, wasteful, and corruptly intended to support racism and White Nationalism.

I suspect that the majority of the criminal statutes and ordinances now on the books in the U.S. are largely unenforced or only sporadically enforced. That’s good policing, good public policy, and poor legislating.

What if your local police devoted 100% of their resources to “busting” anyone who drove 1 mile over the speed limit while failing to investigate and prosecute homicide, rape, robbery, and other violent felonies? That’s technically “legal,” but both inane and fundamentally corrupt. Those responsible would likely be quickly removed from office.

And, let’s be clear: While DHS resources are being concentrated on White Nationalist nonsense like the “Mississippi Raids,” REAL CRIMES, such as fraud, wage and hour violations, abuse of migrants, hate crimes directed at migrants, human trafficking, drug trafficking, domestic violence, rape, bribery, soliciting of sexual favors by DHS agents, extortion, perjury, tax evasion, and other felonies are NOT being aggressively investigated or prosecuted by Trump’s White Nationalist regime.

That’s basically the way the immigration laws are being (mal)enforced in Trump’s name by folks like McAleenan, Albence, Morgan, Provost, and others. Don’t fall for their nonsensical apologist “we’re only enforcing the law” BS. (Also, what about the laws protecting refugees, asylum seekers, and encouraging legal immigration that these complicit clowns are unlawfully perverting or failing to enforce?)

Instead, vote to insure they and everyone associated with Trump are removed from office, required to make an honest living in the future, and replaced with competent, humane, and ethical folks who will resist and when necessary “out” racism and White Nationalism in all of its toxic forms. Just because enforcement of obsolete, unworkable, and discriminatory laws might be technically “legal” doesn’t make it right, sensible, or moral. And, in the case of the Trump Administration, it’s downright immoral, dishonest, and counterproductive.

PWS

08-12-19

CENTRAL AMERICAN MIGRANTS, DOCUMENTED OR NOT, HAVE CONTRIBUTED MUCH MORE THAN DONALD TRUMP TO 21st CENTURY AMERICA’S PROSPERITY (Indeed, They Are Even Responsible For Some Of Trump’s Few Actual Business Successes): So, How Do Trump, “Big Mac With Lies,” “Cooch Cooch,” & Other GOP Racists Get Away with Their False & Dehumanizing Attacks On Those Who Are ACTUALLY “Making America Great?”

https://www.washingtonpost.com/opinions/the-trump-administrations-new-policy-again-shows-its-contempt-for-central-americans/2019/07/30/070b3b1a-b2ff-11e9-8949-5f36ff92706e_story.html

The Washington Post Editorial Board:

HERE’S WHAT the State Department recommends for U.S. travelers to Guatemala: Do not walk or drive at night. Request security escorts. In the capital, Guatemala City, do not hail taxis on the streets and avoid 10 specific neighborhoods, including one around the airport.

Here’s what the Trump administration recommends to non-U.S. travelers to Guatemala, namely those from other Central American countries: Stay there and apply for asylum. Don’t even think about continuing north to the U.S. border.

The juxtaposition is absurd but no less so than the agreement the administration struck last week with Guatemala — that it be considered a “safe third country” to which the United States will return asylum seekers if they have not already sought refuge there. If the administration’s contempt for Central Americans fleeing violence, hardship and persecution was not already clear, this new policy clarified it.

The rule, set to take effect in the coming weeks if U.S. or Guatemalan courts don’t block it, is mainly aimed at migrants from El Salvador and Honduras. They constitute the second- and third-largest cohorts of asylum seekers crossing the U.S. southwestern border in recent months, and most of them traverse Guatemala on their trek northward. (The largest cohort is Guatemalans themselves, who accounted for a majority of the more than 100,000 migrants stopped at the border monthly this past spring.)

President Trump, irate at the migrant flow, has used slander — “these are bad people,” he told reporters — and a grab bag of legally dubious deterrent measures. He is right that Customs and Border Protection and other agencies are struggling to handle the tide, which resulted in nearly 700,000 apprehensions in the current fiscal year through June, compared with scarcely 400,000 the entire previous year. But it is morally indefensible to attack a migration problem by putting migrants themselves at risk. That is precisely what the administration’s new move would do.

The United States maintains a safe-third-country agreement with Canada, meaning that asylum seekers can be returned to that country to apply for refuge if they crossed the border from there. That makes sense because Canada is generally safe; Guatemala is anything but. And the retort of acting homeland security secretary Kevin McAleenan, who noted that parts of the United States are also unsafe, is risible. Guatemala’s crime rate dwarfs that of the United States; the homicide rate there is five times higher.

The probable result of the administration’s policy, if it goes into effect, will be to transform legal asylum seekers into undocumented immigrants. They are unlikely to seek refuge in Guatemala, which has no administrative mechanism to process thousands of asylum applications — and which agreed to the deal with the United States only after Mr. Trump threatened severe sanctions. Instead, many will likely cross illegally into the United States and live in the shadows.

Mr. Trump’s response is to build his border wall, which got a lift last week when the Supreme Court said construction could proceed while challenges to funding it continue in the courts. But walls can be scaled, tunneled under and circumnavigated; Mr. Trump’s wall would not stanch the flow of migrants nor improve the conditions that drive them from their countries.

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

More confirmation of my observation that “Big Mac With Lies” is one of America’s most dangerous White Nationalist racist liars and enablers. Imagine what an ethical, honest public servant could do by having the courage and integrity to “blow the whistle” on Trump’s lies, fabrications, and racist attacks on the rule of law and on humanity!

Yes, the Post is right that “Big Mac’s” bogus claims about Guatemala are “risible,” meaning in plain English “laughable.” But there is nothing “funny” about a dishonest and cowardly public official whose lies and false narratives are killing innocent, vulnerable humans who (perhaps misguidedly) looked to the U.S. for legal protection.

Most outrageously, “Big Mac” and company think that they essentially can “get away with murder” (perhaps emboldened by Trump’s claim that he could shoot someone in board daylight and escape accountability). While, thanks to the Supremes, public officials have insulated themselves from most legal accountability for many of their outrageous misdeeds,  it’s up to history and future generations to insure that the legacy of McAleenan and his fellow “Germany 1939’ers” reflects their disingenuous disregard for the law, truth, and human values and their spineless support for the toxic policies of the worst and most immoral President in U.S. history. No, “just following orders” won’t be a defense for “Big Mac” before the Court of History.

PWS

07-31-19

ACLU COURT EVIDENCE SUGGESTS McALEENAN LIED TO CONGRESS WHILE VIOLATING COURT ORDER ON CHILD SEPARATIONS — Continuing Separations Appear To Be Part Of Intentional Misapplication & Misinterpretation Of Narrow “Exception” — “Best Interests Of Child” Buried Beneath A Web Of Deception

https://www.washingtonpost.com/immigration/aclu-us-has-taken-nearly-1000-child-migrants-from-their-parents-since-judge-ordered-stop-to-border-separations/2019/07/30/bde452d8-b2d5-11e9-8949-5f36ff92706e_story.html

Maria Sacchetti
Maria Sacchetti
Immigration Reporter, Washington Post

Maria Sacchetti reports for the WashPost:

Lawyers for the American Civil Liberties Union told a federal judge Tuesday that the Trump administration has taken nearly 1,000 migrant children from their parents at the U.S.-Mexico border since the judge ordered the United States government to curtail the practice more than a year ago.

In a lengthy court filing in U.S. District Court in San Diego, lawyers wrote that one migrant lost his daughter because a U.S. Border Patrol agent claimed that he had failed to change the girl’s diaper. Another migrant lost his child because of a conviction on a charge of malicious destruction of property with alleged damage of $5. One father, who lawyers say has a speech impediment, was separated from his 4-year-old son because he could not clearly answer Customs and Border Protection agents’ questions.

Acting Homeland Security secretary Kevin McAleenan has said that family separations remain “extraordinarily rare” and happen only when the adults pose a risk to the child because of their criminal record, a communicable disease, abuse or neglect. Of tens of thousands of children taken into custody at the border, 911 children were separated since the June 26, 2018, court order according to the ACLU, which cited statistics as of June 29 that the organization received from the government as part of ongoing legal proceedings.

During a July 12 tour of a detention center in McAllen, Tex., reporters saw almost 400 men being held in cages. They allegedly crossed the border illegally. (The Washington Post)While the judge recognized that parents and children might still be separated when a parent is found to pose a risk to their child, the ACLU and others say federal immigration and border agents are splitting up families for minor alleged offenses — including traffic violations — and urged the judge Tuesday to clarify when such separations should be allowed.Approximately 20 percent of the new separations affected children under 5 years old, the ACLU said, compared with about 4 percent last year.

“They’re taking what was supposed to be a narrow exception for cases where the parent was genuinely a danger to the child and using it as a loophole to continue family separation,” ACLU lawyer Lee Gelernt said in an interview. “What everyone understands intuitively and what the medical evidence shows, this will have a devastating effect on the children and possibly cause permanent damage to these children, not to mention the toll on the parents.”

[Accused of gang ties, separated parents struggle to get their kids back]

The Justice Department and the Department of Homeland Security declined to comment Tuesday.

The tally of child separations adds to the approximately 2,700 children who were taken from their parents during a chaotic, six-week period from May to June 20 last year, when a Trump administration border crackdown triggered one of the worst crises of his presidency.

The policy sought to deter a crush of asylum seekers, who were surrendering as families at the U.S. southern border, by prosecuting parents for the crime of illegal entry and sending their children to federal shelters. Reports of traumatized, crying children led to widespread demands to reunite the families.

Venezuelan migrant mothers and their children turn themselves in to law enforcement officials to seek asylum after illegally crossing the Rio Grande near Mission, Tex., on July 25. (Loren Elliott/Reuters)

Trump ordered federal officials to stop separating families on June 20, 2018, and said it is the “policy of this Administration to maintain family unity” unless the parent poses “a risk” to the child.

Six days later in San Diego, U.S. District Judge Dana M. Sabraw, an appointee of President George W. Bush, ordered the Trump administration to reunite the families, a process that dragged on for months because the government had failed to track the parents and children after splitting them up. A still-unknown number of families were separated before the policy officially began.

McAleenan, who at the time signed off on the zero tolerance policy and carried it out as commissioner of U.S. Customs and Border Protection, told the Senate Homeland Security and Governmental Affairs Committee in May that family separations are “extraordinarily rare” and make up a tiny portion of the now more than 400,000 families taken into custody at the border since the court ruling.

Central American migrants walk along train tracks as they head toward the United States in Saltillo, Mexico, on July 24. (Daniel Becerril/Reuters)

At that time, he testified, about one to three family separations happened out of about 1,500 to 3,000 family members apprehended each day. He also said then that separations occur “under very controlled circumstances.”

Testifying before the U.S. House Oversight and Reform Committee on July 18, McAleenan emphasized that the separation process is “carefully governed by policy and by court order” to protect the children.

“This is in the interest of the child,” he said. “It’s overseen by a supervisor, and those decisions are made.”

[IG: Trump administration took thousands more migrant children from parents]

Of the 911 child separations, 678 were for alleged criminal history, the ACLU said Tuesday, citing government records. Offenses included drunken driving, assault and gang affiliation, as well as theft, disorderly conduct and minor property damage.

Many cases lacked details about the alleged crimes, the ACLU said, and several charges were decades old. Among those separated because of concerns about parental fitness were an HIV-positive father of three young daughters and a mother who broke her leg and required surgery.

Child advocates and medical professionals have repeatedly warned that separating children from their parents can lead to lasting severe physical and emotional disorders.

“Forcibly separating children from their parents is like setting a house on fire,” Jack Shonkoff, a pediatrics professor at Harvard Medical School, said in an affidavit included in the ACLU’s motion. “Prolonging that separation is like preventing the first responders from doing their job and letting the fire continue to burn.”

Jennifer Nagda, policy director of the Young Center for Immigrant Children’s Rights, a child advocate for unaccompanied and separated children, told the U.S. House Committee on Oversight and Reform that the group represented about 120 children and found that nearly all separations were “contrary to the best interests of the child.”

“DHS officials with no child welfare expertise are making split-second decisions, and these decisions have traumatic, lifelong consequences for the children and their families,” Nagda said in her testimony. She also filed an affidavit in the ACLU’s case Tuesday.

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

It’s with very good reason that I consider “Big Mac With Lies” to be one of the most dishonest and dangerous public officials in America.

Some reporters seem to mistakenly “cut him some slack” because he: 1) served in the Obama Administration (which had its own very dismal record on treatment of families and children seeking asylum); and 2) unlike folks such as  “Gonzo,”  “Cooch Cooch,” Miller, Kobach, et al., he’s not a “lifelong White Nationalist ideologue.” 

But, I don’t see how being a liar, apologist, “cover up artist,” and human rights abuser in support of a racist White Nationalist Administration is somehow “better” than being a “true believer” in White Nationalist racism. Falsely claiming that Guatemala and Mexico are “Safe Third Countries,” that asylum applicants won’t show up for hearings (when they almost always do, particularly when they are given access to lawyers and have the system properly explained to them), and falsifying stats to paint an untruly negative picture of asylum seekers from Central America is no less vile than Trump’s lies and racist tweets.

As a lawyer and a graduate of Amherst Collge and Chicago Law, “Big Mac” is cerainly smart enough to know that places like Guatemala and Mexico don’t come remotely close to satisfying the legal definition of a “Safe Third Country.” He also has enough Government immigration enforcement experience to know for sure that the extralegal, cruel, and ineffective “enforcement only” approach he disingenuously advocates as a “Trump toady” won’t come anywhere near to solving the problems driving forced migration or saving the lives of the vulnerable.

I actually have a better understanding of what drives the Trumps, “Gonzos,” Millers, and “Cooch Cooches” of the world than what drives corrupt public servants like McAleenan to violate their oaths of office and to pick on those whose rights and human dignity they should be standing up for, no matter how vile the leadership of the Administration they nominally serve (actually, they serve the American people, not any particular political leader) might be.”Big Mac” is a disgrace to honest Federal civil servants and to all Americans who believe in democracy and “good government.” History must hold him accountable.

PWS

08-01-19

SENTENCED TO DEATH WITHOUT DUE PROCESS: Trump’s Legal Shenanigans Kill Innocent People!

https://www.nytimes.com/2019/07/25/opinion/politics/expedited-deportation-trump-immigration.html

Beth Werlin
Beth Werlin
Executive Director
American Immigration Council

Beth Werlin writes in The NY Times:

The Trump administration’s expansion of the use of fast-track deportations through “expedited removal” will create a “show me your papers” regime nationwide in which people — including citizens — may be forced to quickly prove they should not be deported. This policy allows Immigration and Customs Enforcement to quickly deport someone without going before an immigration judge, undermining American principles of fundamental fairness and putting United States citizens, permanent residents and asylum-seekers at risk of wrongful deportation.

For 15 years, the government has been applying expedited removal in a limited way to those within 100 miles of the Canadian or Mexican border who have been in the United States for less than two weeks. The entire process consists of an interview with an immigration officer during which the burden is on the individual to prove a legal right to remain in the United States. One could be questioned, detained and deported very swiftly with little time to consult a lawyer or to gather evidence to prevent deportation. The extremely short timeline of the expedited-removal process increases the chances that a person who is legally entitled to stay in the United States can end up being removed anyway. The government now says it will apply it across the country for many people who cannot prove they have been present in the United States for two years or more. The expansion could affect thousands of people nationwide.

During just one year of the Trump administration, 27,540 citizens were questioned by ICE — five times more than the last year of the Obama administration. The expansion of the expedited removal process will further increase the number of people questioned, creating a heightened risk that citizens will be arrested, detained and wrongfully deported.

The process has many shortcomings. First, in expedited removal proceedings, immigration officers serve as both prosecutor and judge — charging someone as deportable and making a final decision to deport him, often all within a day. These rapid deportation decisions fail to take into account many critical factors that an immigration judge would consider, including whether the individual is eligible to apply for lawful status in the United States or whether he has citizen family members.

Second, there is generally no opportunity to consult with a lawyer. Having one can make all the difference. With a lawyer, a person is 10 times more likely to prevail in an immigration case. Moreover, there is typically no judicial oversight, with relatively low-level government officers authorized to issue the deportation orders.

Despite the backlogs in the immigration court system and even though the courts often fail to live up to expectations, they can help ensure a basic level of fair process. They safeguard against unlawful removals, afford people the opportunity to obtain counsel, and provide a streamlined appeal process.

This is particularly critical today, given that many people who will be subject to expedited removal are asylum seekers. These particularly vulnerable people could face serious harm or death in their countries of origin if they’re deported.

The lack of safeguards and information in expedited removal is compounded by well-documented abuse of the process. Immigration officers applying expedited removal are obligated to inform individuals of their opportunity to seek asylum and refer a person who expresses a fear of returning to their home country for a “credible fear interview.” Unfortunately, multiple investigations have revealed that officers at the border sometimes fail to fulfill these obligations.

One hallmark of the American justice system is a fair day in court before an impartial decision maker. This is the ultimate distortion of that system. Rather than strengthening the immigration court system, the administration is planning to bypass it entirely, and the human costs will be great.

Beth Werlin is the executive director of the American Immigration Council

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

Trump’s cruel abuse of vulnerable refugees and his wanton destruction of the U.S. Immigration Court system are national disgraces!

 PWS

07-27-19

 

FRAUD & ABUSE: TRUMP SEEKS DEATH AND DISRUPTION FOR REFUGEES: Claims To Have Duressed Guatemala, One Of The, Poorest, Most Corrupt, Most Dangerous REFUGEE SENDING Countries Into Outrageously Illegal “Safe Third Country” Agreement! — “Big Mac With Lies” Says Guatemala Not Much Different From U.S.!

https://www.washingtonpost.com/politics/trump-says-he-has-agreement-with-guatemala-to-help-stem-flow-of-migrants-at-the-border/2019/07/26/23bf0cba-afe3-11e9-b071-94a3f4d59021_story.html

Seung Min Kim
Seung Min Kim
White House Reporter
Washington Post
Kevin Sieff
Kevin Sieff
Latin American Correspondent, Washington Post
Abigail Hauslohner
Abigail Hauslohner
National Immigration Reporter, Washington Post

From the Washington Post:

By Seung Min Kim ,

Kevin Sieff and

Abigail Hauslohner

July 26 at 6:45 PM

President Trump on Friday said he has struck a deal that would designate Guatemala as a safe third country for people seeking asylum in the United States — a plan that is facing significant legal hurdles in the Central American country as the Trump administration continues to struggle with the high number of migrants arriving at the southern U.S. border.

The White House did not immediately release details of the agreement, and it is unclear how it would be implemented considering Guatemala’s constitutional court has ruled any safe third country agreement would require legislative approval and the proposal has been widely criticized there.

Trump announced the arrangement in a previously unscheduled appearance in the Oval Office with Enrique Degenhart, the Guatemalan minister of government, and acting homeland security secretary Kevin McAleenan.

“We’ve long been working with Guatemala, and now we can do it the right way,” Trump said Friday. He claimed the agreement will put “coyotes and the smugglers out of business.”

He added: “These are bad people.”

Trump said the agreement will offer safe harbor for asylum applicants deemed legitimate, and that he plans to sign agreements with other countries soon.

The announcement comes just days after Trump threatened retaliation against Guatemala as discussions stalled over designating the Central American nation as a safe third country, which means migrants traveling through the country on their journey to the United States would be directed to first seek protection there.

The Trump administration has been seeking to sign these agreements to cut down on the number of Central American migrants arriving at the U.S.-Mexico border, which officials say is overwhelming the U.S. immigration system. The administration has come under heavy criticism from Democrats and immigration advocates who argue asylum seekers and other migrants face inhumane conditions in the U.S. facilities where they are being housed.

On a call with reporters Friday, McAleenan said the agreement with Guatemala would “be up and running in August,” after the two governments had completed several steps to ratify the deal. Under the agreement, Salvadorans and Hondurans would need to seek asylum in Guatemala, McAleenan said.

“If you have, say, a Honduran family coming across through Guatemala to the U.S. border, we want them to feel safe to make an asylum claim at the earliest possible point,” he said. “If they do instead, in the hands of smugglers, make the journey all the way to the U.S. border, [they would] be removable back to Guatemala.”

Guatemala’s only public statement about the agreement did not explicitly say it would serve as a safe third country, but alluded vaguely to “a plan that will be applied to Salvadorans and Hondurans.”

The statement said the United States would allocate temporary agricultural work visas to Guatemalans, adding that country’s president, Jimmy Morales, negotiated the deal “to counter grave economic and social repercussions.”

A proposal to designate Guatemala as a safe third country is already facing significant legal and logistical challenges. For one, the deal would force thousands of Hondurans and Salvadorans to apply for asylum in Guatemala, one of the region’s poorest countries, which has in some cities struggled to defeat transnational gangs, including MS-13.

Last year, Guatemala received 259 asylum applications, a tiny number compared with the United States and even Mexico. Of those, not a single application was approved, in part because the country is still building institutions to review those cases.

“Guatemala’s asylum system isn’t prepared to increase its capacity to 50,000 in less than a year,” said one United Nations official, who spoke on the condition of anonymity because they weren’t authorized to speak publicly.

The United Nations High Commissioner for Refugees, which currently supports Guatemala’s fledgling asylum system, was not consulted as part of the negotiations, officials said. McAleenan also likened the third party agreement to arrangements between European countries and Turkey to stem the Syrian migrant crisis in 2015. He declined to say whether the U.S. government would be providing any assistance to Guatemala to improve safety and security for Honduran and Salvadoran refugees.

When read the State Department’s description of the security situation in Guatemala, which includes notations that murder is “common,” gang activity is “widespread” and police are ineffective, McAleenan, the Homeland secretary, said one should not “label an entire country as unsafe,” and likened Guatemala to parts of the United States.

The announcement prompted immediate backlash from Democratic lawmakers and human-rights groups who warned that Guatemala did not have the capacity to accept all the migrants who would now be required to apply for asylum there, nor is such an arrangement legal.

Sen. Tim Kaine (D-Va.), who along with Sen. Mazie Hirono (D-Hawaii) toured Border Patrol facilities in El Paso on Friday, noted that Guatemala has one of the world’s highest homicide rates and that they had visited with families earlier in the day who said they had fled the country because of the danger.

“It’s just Kafkaesque to say about that country, ‘Oh, safe third country,’ ” Kaine said. “You can’t just attach a label of safe third country and make it so.”

The Trump administration has taken a variety of unilateral actions to address the challenges at the border, and it has also received an additional $4.6 billion from Congress to deal with the crisis.

In June, Customs and Border Protection apprehended 94,000 migrants at the southern border, a 29 percent drop from the 133,000 who were detained in May. Border crossings tend to drop as the temperature rises in the summer, but administration officials have pointed to the lower figures as a sign that Trump’s border plan is working.

For months, Morales dispatched members of his administration from Guatemala to Washington to negotiate a safe third country agreement with the United States. But earlier this month, shortly before Morales was scheduled to sign the agreement in the White House, Guatemala’s constitutional court ruled he did not have the authority to sign the deal without legislative approval.

The meeting with Trump was canceled. In a statement, Morales then denied he had ever attempted to negotiate such an agreement. He is in the twilight of his scandal-ridden presidency, with elections scheduled for Aug. 11.

But when Trump threatened to impose tariffs on Guatemala and tax remittances, Morales resumed negotiations. Members of the country’s business community urged him on, raising alarm about the impact of tariffs, but most Guatemalans believe the country is wildly unprepared to offer asylum to thousands of Central Americans.

A number of Guatemalan congressmen and human rights officials said they would soon challenge the legality of Friday’s agreement in the country’s courts.

Jordán Rodas, Guatemala’s human rights prosecutor, said the country’s interior minister, who signed the deal on Friday, “does not have the power to sign an agreement of this nature.”

He said he was analyzing the agreement, and if he determined it was illegal, he would demand the constitutional court suspend its implementation.

“We are two weeks from an election,” said Edgar Gutierrez, one of five Guatemalan ex-foreign ministers who had earlier filed a petition in the court to block the signing of the agreement. “The signing of this accord will destabilize the country.”

Some Guatemalan analysts said the timeline for the agreement made it even more unrealistic.

“One month to be a safe country,” said Pedro Pablo Solares, a leading Guatemalan columnist who frequently writes about migration. “It couldn’t be more absurd.”

This year, for the first time in history, more Guatemalans have been apprehended at the U.S. border than citizens of any other country. It remains one of the region’s poorest countries, where migration is seen by many as the only way into a tiny middle class. In 2017, Guatemalans received a total of $8.2 billion in remittances, 11 percent of Guatemalan GDP.

Guatemalan politicians and analysts were taken aback by the agreement, which most discovered through a White House tweet.

“One characteristic of this government is that it does whatever it wants, in spite of what the law says. This is another example,” said Sandra Morán Reyes, a congresswoman from the Convergencia party.

Sieff reported from Mexico City. Mary Beth Sheridan in Mexico City and Bob Moore in El Paso contributed to this report.

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

Wow! Talk about turning the law, logic, and human morality on its head! “Safe Third Country” agreements are supposed to be between countries with fair, due process oriented asylum systems, like the existing agreement between the U.S. and Canada. They are not a gimmick for dishonest officials like Trump and McAleenan to “outsource” legal protection responsibilities to dangerous, poor, REFUGEE SENDING countries like Guatemala that can’t possibly live up to their international obligations under the U.N Convention. 

This is nothing short of high level fraud that will result in death, torture, and abuse of asylum seekers! Not to mention that the presence of lots of deported asylum seekers will further destabilize the already unstable country of Guatemala. Trump is about to create an unmitigated international disaster by grossly unlawful conduct. Will we be able to stop him before it’s to late for us and for the rest of humanity?

 

PWS

07-27-19

ROUNDTABLE NEWS: Judge Jeff Chase & I Quoted By Nicole Narea In Law360 On How Trump’s Latest Assault On Immigrants’ Rights Could Go Belly Up Even With Some Statutory Support!

Nicole Narea
Nicole Narea
Reporter, Law360
Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Me
Me

https://www.law360.com/immigration/articles/1182014/deportation-rule-may-violate-due-process-procedural-law

Deportation Rule May Violate Due Process, Procedural Law

By Nicole Narea

Law360 (July 25, 2019, 8:31 PM EDT) — The Trump administration’s recent expansion of its power to fast-track deportations is likely to invite legal challenges if the new process is seen as a violation of administrative law and the Constitution’s due process guarantees.

Under a rule published Monday, unauthorized noncitizens across the entire U.S. — not just those apprehended within 100 air miles of a land border — who arrived in the last two years via a land border could be subject to expedited removal proceedings and deported without an immigration court hearing. The American Civil Liberties Union has vowed to challenge the rule, which went into effect Tuesday and, by the U.S. Department of Homeland Security’s estimates, will affect more than 20,000 immigrants a year.

Contrary to the Trump administration’s claims, however, the rule may not qualify for an exception to the Administrative Procedure Act’s public notice requirements that allows the DHS secretary to unilaterally change the scope of the agency’s expedited removal authority. It also raises due process concerns for individuals who may not be able to prove their period of residency in the U.S. and for asylum-seekers who might be erroneously subject to expedited deportation.

“Unleashed expedited removal undermines our immigration system and the rule of law,” said Shoba Wadhia, a professor at Penn State Law in University Park.

Administrative Procedure Act

To justify the rule, acting DHS Secretary Kevin McAleenan invoked his authority under the Immigration and Nationality Act to have “sole and unreviewable discretion” to alter the scope of expedited removal proceedings. The rule is therefore exempt from the Administrative Procedure Act’s requirement to give the public an opportunity to comment on it before it goes into effect, DHS said in its announcement.

But Paul Schmidt, former chairman of the Board of Immigration Appeals during the Clinton administration, said there “does not appear to be any legitimate reason” for noncompliance with the APA’s notice-and-comment requirements, especially given that the rule had such a long gestation period. Trump has been considering such a rule since the first days of his administration.

Wadhia said opponents of the rule could argue that the government failed to show “good cause” that invoking notice and comment is in fact “impracticable, unnecessary, or contrary to the public interest” as the APA requires.

“The government’s position that there is a ‘good cause’ lacks integrity,” she said.

Most lawsuits that have succeeded in challenging Trump immigration policies have brought claims under the APA, including the recent challenge to a question about citizenship status on the 2020 census. The U.S. Supreme Court ultimately found that the decision to include the question on the census did not abide by the APA’s requirement that agencies provide a reasoned explanation for their actions.

Due Process Issues

Ken Johnson, dean of University of California, Davis School of Law, said the new rule could also be subject to due process challenges in light of the Supreme Court’s 1982 case Landon v. Plasencia, in which the justices applied a balancing test of interests in deciding the constitutionality of immigration admission procedures. That decision established that the interests of a noncitizen who has lived in the country for two years are much weightier than the interest at stake for a noncitizen who has been in the country for only two weeks because they have stronger ties to their community, he said.

Since the new rule expands expedited removal to apply to individuals who have lived in the U.S. for up to two years, they may be entitled to a higher standard of due process. Trump’s expansion of expedited removal also appears to exceed the limits provided by the Immigration and Nationality Act, resulting in further due process concerns.

Jeff Chase, a former legal adviser to the BIA and immigration judge, said the original intent of expedited removal was to stem an increase of inadmissible noncitizens arriving at airports in the 1990s who were paroled into the U.S. after announcing they were seeking asylum. The new rule, however, far surpasses that purpose.

“The present rule extends the application well beyond the purpose of controlling entry to the country, and now threatens to deprive those already here of their rights to apply for relief,” he said.

He said he also anticipates that expedited removal will be mistakenly applied to those beyond the scope of the rule, impacting those with a period of residence longer than two years, whose “attempts to stay under the government’s radar will create difficulty meeting their burden of establishing their period of residence in the U.S.”

Wadhia said that genuine refugees may also be erroneously denied due process, turned away as opposed to referred to an asylum officer to determine whether they have fear of persecution in their home countries, as required by law. Even if they have a credible fear interview, they are unlikely to pass in light of reports that asylum officers have been pressured to significantly lower their credible fear approval rates, Chase said.

Even U.S. citizens, lawful permanent residents, unaccompanied children and others who are exempt from expedited removal by statute could be unfairly and unlawfully targeted by the DHS, Wadhia said.

“The opportunity for profiling and violations of due process by DHS is rampant,” she said.

–Editing by Breda Lund and Kelly Duncan.

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

The Government’s case for an “emergency” exemption to the APA is laughable. This bogus “immigration emergency” is actually a human rights tragedy that has been unfolding in “super slow motion” before us since before last Thanksgiving. Virtually every part of it is a predictable result of Trump’s “maliciously incompetent” racist-driven approach to migration situations. To say that it now requires an “emergency” exemption, when Trump announced the proposed policy change in an Executive Order over two years ago, and his incompetent agencies have been fiddling around with it ever since, is simply absurd.

The Constitutional problem raised by Dean Johnson and others is very real.

And, there is no question that Trump’s DHS will misuse this authority to detain and deport lawful permanent residents and even U.S. citizens. Indeed, it’s already happening even without the regulatory change. See, e.g., “Texas-Born Student Held In Immigration Custody For Weeks Released,” https://www.huffpost.com/entry/texas-student-immigration-custody-detention_n_5d36f637e4b020cd99498588.

Yes, some Federal Judges can be tone deaf to the plight of ordinary individuals, particularly when they wrongly think that they are “above the fray.”

Perhaps we need to hope that the DHS wrongfully detains a Federal Judge, a Federal Judge’s spouse, or the child of a Federal Judge so that the message about how Trump’s misguided policies affect ALL of us gets through to the “Judicial Ivory Tower” sooner, rather than later.

PWS

07-26-19

TAL @ SF CHRON: 9TH CIR. STICKS A FORK IN CORE OF “GONZO APOCALYPTO” SESSIONS’S CHILD ABUSE PROGRAM — Many Of DOJ’s Wasteful “Criminal” Prosecutions Of Harmless Asylum Seekers Were Illegal — Conservative Icon Judge Jay Bybee Becoming A Key Judicial Voice For The Rule Of Law Against Trump & Co’s Executive Abuses!

Tal Kopan
Tal Kopan
Washington Reporter, SF Chronicle

https://www.sfchronicle.com/politics/article/Ninth-Circuit-ruling-could-wipe-out-hundreds-of-14152171.php

 

Ninth Circuit ruling could wipe out hundreds of family separations convictions

By Tal Kopan

WASHINGTON — A federal appeals court in California substantially narrowed the government’s ability to charge people for crossing the border illegally — a case that could invalidate hundreds of prosecutions that were at the core of the Trump administration’s separations of migrant families last year.

The ruling comes as the federal law in the case, which makes it a crime to cross the border without authorization, is under scrutiny in the Democratic presidential campaign, with several candidates arguing it should be done away with altogether.

Wednesday’s ruling by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in Pasadena could bolster the Democrats’ argument that the Trump administration is misusing the law to criminalize well-intentioned immigrants seeking asylum. It also adds further questions to the administration’s widely criticized prosecutions that resulted in thousands of family separations last year.

The Justice Department did not respond to a request for comment Thursday.

The 2-1 decision overturning a lower court ruling concerned the provision of U.S. law that makes improper entry to the country a misdemeanor, punishable by up to six months in jail. The law has three parts: entering the U.S. at an improper time or place, eluding immigration officers or entering the U.S. using false pretenses.

In an opinion written by Judge Jay Bybee, a George W. Bush-appointee, the court decided that the second part — eluding officers — could only apply to immigrants who are at a valid border crossing but who try to enter by evading detection, not immigrants picked up on the U.S. side having crossed somewhere else. That was the case with Oracio Corrales-Vazquez, a Mexican national whom officers found hiding in bushes miles from the border, whose conviction the court overturned.

Because part one of the statute already covers immigrants who surreptitiously enter where there is no legal crossing, the court held, the second part must exist to cover some separate activity. Otherwise, the court said, it would be redundant.

Circuit has already held that part one of the illegal-entry crime — entering at an improper time or place — does not apply to people who cross the border where officials can see them, in person or over cameras, and then seek out an officer and claim asylum. Those migrants are clearly not trying to avoid detection, court rulings have held.

It has become standard practice for federal authorities in Southern California to charge border crossers only using part two to avoid the defense to part one, said Kara Hartzler, an attorney with the nonprofit San Diego Federal Defenders who brought the case. Now, federal attorneys will not have part two as a back door to charge asylum seekers with illegal entry.

The court ruling means thousands of similar convictions could be thrown out, including hundreds that were the basis for family separations the Trump administration carried out last summer in the name of prosecuting a crime.

“All of the criminal cases that led to being separated from their families, … at least in San Diego, are at least convictions where the person was actually innocent because of this ruling,” Hartzler said.

David Leopold, a former president and general counsel of the American Immigration Lawyers Association, recalled then-Homeland Security Secretary Kirstjen Nielsen telling Congress the family separations were justified because the adults taken into custody had been charged with illegal-entry crimes.

“Well, here they weren’t even prosecuting those cases correctly,” Leopold said. “It puts a question mark next to every one of those convictions, which led to separation of children and in some cases the permanent separation of child from parent.”

The Trump administration separated thousands of families in the two months the program was in effect, before the president stopped it and a federal judge in San Diego ruled the practice was unconstitutional. In hundreds of those cases, parents were deported without their children, many of whom will not be reunited as the youths pursue a right to stay in the U.S.

The Justice Department does not make prosecution data public that would identify how many separated families could be affected by Wednesday’s ruling, but there could be hundreds of such cases. Nearly 4,000 immigration-related offenses were brought in the Southern District of California in 2018, according to court data, of which the most common charge is illegal entry.

The ruling also comes as some Democrats are attacking the notion that crossing the border should be a criminal rather than civil offense. Former Housing Secretary Julián Castro has made repealing the law a central focus of his presidential campaign, pointing to the Trump administration’s use of the law as a justification for separating the families last year. Twelve Democratic candidates have embraced the idea, according to a Politico tracker.

Castro and other critics of the law say it criminalizes asylum seeking. Other parts of the law make clear that an immigrant can file an asylum claim regardless of whether they entered the country legally.

Bill Hing, professor of law and migration studies at University of San Francisco, supports Castro’s arguments to remove the criminal part of the law, saying deportation is “already a pretty severe penalty” for anyone found not to have a valid asylum claim.

“Especially now, the vast majority of people gathered at the border are coming to seek protection — why criminalize that activity?” Hing said. “The statute should require something much more criminal in intent, and when it’s just simply to cross the border to seek protection, I think there’s a good argument that we should decriminalize that activity.”

The ruling applies only to the nine states covered by the Ninth Circuit, including California and Arizona along the Mexican border. But Hing says lawyers could seek similar rulings in other border states.

“Conceptually it actually makes sense,” Hing said. “It doesn’t make sense to have two parts of a law where the same act could qualify for the violation of both.”

 

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

Appointed by President George W. Bush, Judge Jay Bybee has been a controversial figure. His confirmation was strongly opposed by many Human Rights and Civil Rights groups because of his role in justifying torture while serving in the Bush DOJ.

Nevertheless, in this case, and in the earlier case of East Bay Sanctuary Covenant v. Trump, blocking an illegal attempt by Trump to bar Central American asylum seekers, Judge Bybee has been a strong and courageous voice for the rule of law, reason, and Constitutional separation of powers in the face of Trump’s intentional overreach in the area of immigration. https://immigrationcourtside.com/2018/12/10/mark-joseph-stern-slate-on-why-judge-bybees-65-page-evisceration-of-trumps-lawless-asylum-order-is-so-important-the-next-time-trump-floats-a-flagrantly-lawless-idea-then/.

Indeed, many observers believe that Judge Bybee’s scholarly opinion in East Bay Sanctuary was key to Chief Justice Roberts voting with the Supremes’ so-called “liberal wing” to reject the Administration’s bogus attempt to “end run” the system in that case by going directly to the Supremes without allowing the lower court proceedings to be completed. https://immigrationcourtside.com/2018/12/21/i-was-right-barely-chief-justice-roberts-saves-asylum-rule-of-law-administrations-request-to-implement-order-truncating-asylum-law-turned-down-5-4/.

Unfortunately, this much needed decision comes too late for many families who have been irreparably damaged by “Gonzo Apolcalypto’s” vile illegal and immoral abuse of Government prosecutorial authority. It’s too bad that there does not appear to be any way of holding “Gonzo Apocalypto” Sessions personally liable for his abuse of office, unconscionable distortion of our justice system, and the lifetime damage he inflicted on so many innocent children and families.

The case is  US v. Oracio Corrales-Vazquez, and here’s a link to the full opinion: https://www.courtlistener.com/pdf/2019/07/24/united_states_v._oracio_corrales-Vazquez.pdf

And, of course, thanks to Tal for her continued incisive reporting on the most important issues facing America!

PWS

07-26-19

TOM JAWETZ @ CENTER FOR AMERICAN PROGRESS: “Restoring the Rule of Law Through a Fair, Humane, and Workable Immigration System”

https://www.americanprogress.org/issues/immigration/reports/2019/07/22/472378/restoring-rule-law-fair-humane-workable-immigration-system/

Tom Jawetz
Tom Jawetz
Vice President, Immigration Policy
Center for American Progress

OVERVIEW

Policymakers must break free of the false dichotomy of America as either a nation of immigrants or a nation of laws, and advance an immigration system that is fair, humane, and actually works.

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

Read the entire much longer, but well worth it, article at the above link.

Tom is totally right: It’s absurd to let Trump and the restrictionists attempt to take the “rule of law high ground.” No Administration in our lifetime has had less respect for or been more detrimental to the U.S. Constitution and the true rule of law. Just look at the suspensions of refugee and asylum laws and the absolute disaster Trump has wrought in the U.S. Immigration Courts!

Also, no Democrat is actually calling for an “open borders” policy. Being in favor of much more robust legal immigrant admissions, a larger and more generous refugee program, and the end of expensive, inhumane, and counterproductive enforcement methods will actually make our borders more secure by ending the absurdity of equating refugees and those coming to work with terrorists, drug smugglers, and others who might be coming to do us harm. 

With more generous and realistic legal immigration laws and policies, more folks will chose to use the legal system (even when it means reasonable waiting times), fewer folks will find it necessary to evade the law, and border enforcement will become more efficient and effective. Moreover, in a more inclusive system with more realistic “lines,” the potential sanction of “being sent to the end of the line” will have more “bite.”

It’s all about rational priorities and a system more in line with reality and our needs as a nation. That means a system that is not driven by irrational forces like racism and White Nationalism, both of which encourage individuals to act in their overall worst interests, and against the best interests of the larger group, to satisfy some underlying fear or prejudice. 

Many thanks to my good friend and stalwart member of the “Roundtable,” Retired Judge Gustavo D. “Surferboy” Villageliu, for bringing this important item to my attention! May you “catch a big one” that will glide you majestically to shore, my friend!

Hon. Gustavo D. Villageliu
Honorable Gustavo D. Villageliu
Retired U.S. Immigration Judge
American Surfer

PWS

07-23-19

AS COURTS & CONGRESS DITHER, FAILING TO STOP CLEARLY ILLEGAL & INHUMAN CONDUCT, TRUMP ADMINISTRATION CONTINUES TO PUNISH INNOCENT KIDS AT THE BORDER WITH ARROGANT IMPUNITY — Whatever Happened To The Institutions That Were Supposed To Protect Us From Abuses By An Authoritarian, Scofflaw Executive? — Kate Linthicum Reports For The LA Times!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=f4f6873a-7ae7-4cc2-bbe2-9fc685d2ea1b

Kate Lithicum,
Kate Lithicum
Foreign Correspondent
LA Times

Kate Lithicum reports for the LA Times:

CIUDAD JUAREZ, Mexico — For the two dozen migrant children living inside a small church on the outskirts of Ciudad Juarez, most days go like this: breakfast at 8 a.m., dinner at 6 p.m. and hours of nothing in between.

There is no school, and except for a handful of worn Bibles, there are no books. Dangers abound in the surrounding hills, so most haven’t left the razor-wire-ringed compound in weeks or even months.

“I feel imprisoned,” said 16-year-old Alison Mendoza.

She left Nicaragua with her parents and two younger sisters in March after her father received death threats for demonstrating against President Daniel Ortega, whose government has jailed and killed thousands of dissenters.

The family has been waiting here in Juarez for nearly two months for their chance to request political asylum in the United States. A Trump administration policy allows only a handful of asylum seekers to pass through ports of entry at the U.S. border each day.

Mendoza and her sisters, Sol, 6, and Michele, 11, are among the thousands of migrant children languishing along the border as a result of changing migration trends and White House policies that seek to deter asylum seekers.

They left friends and relatives behind and endured the trials of the migrant trail only to end up stuck in camps, cheap hotels and shelters such as Buen Pastor, which is now home to children and their families from as far away as Ghana and Congo. Pawns in an adult’s dispute, their future is entirely uncertain.

Two recent Trump administration mandates are almost certain to result in even larger numbers of migrant children being stranded here.

One calls for asylum seekers to wait in Mexico while their cases are adjudicated. About 3,000 migrant children and their families have been returned to Juarez under that program since April, according to Chihuahua state officials.

A mandate announced this week calls for asylum to be denied to migrants who did not apply for protection in at least one country they passed through while trying to reach the United States.

The rules mean that there is a very strong likelihood that if the Mendozas finally do cross the border to plead their case, they will be sent right back to Juarez.

“What will we do?” said Donald Mendoza, 37, who left behind a good job at a Managua university that would have allowed him to pay for all three girls’ college educations.

The Mexican government has committed to providing schooling to migrants who are returned from the U.S., but Mendoza doesn’t want to raise his girls in notoriously dangerous Juarez, where 10 people were slain on Sunday alone.

“This is not the life I planned for my children,” he said.

Buen Pastor opened its doors about 20 years ago to migrants — back then almost always single men — who passed through Juarez before seeking to sneak across the border.

“They would come, rest for a night or two, and then cross,” said Pastor Juan Fierro Garcia.

But over the last two years, entire families began trudging up the dirt road that leads to the church.

Many had heard that U.S. authorities were releasing migrants as long as they requested asylum and were traveling with children.

“We didn’t know much about the situation, just that families were passing,” said Joseph Venegas, 26, who left Honduras last month with his wife and their two sons.

After crossing into the U.S. illegally last week, and turning themselves in to border authorities, Venegas and his family were held for two days and then released back into Juarez with an order to appear at an asylum hearing in October. A Mexican official told them how to get to Buen Pastor.

Ten-year-old Jose sobbed on the way there. “I want to go back to Honduras,” he wailed.

“We had bad luck,” his father explained. “The law is the law and we have to respect it.”

“We are doing all of this for you,” Venegas added.

Venegas said the family decided to leave because a teachers’ strike meant Jose hadn’t been able to go to school for months.

But now, as he watched Jose sit morosely in one corner of the shelter and his wife nurse their coughing 4-month-old baby on a nearby bench, he wondered whether leaving had been in the best interest of his kids.

“What kind of childhood is this?” he asked.

The experience is a little easier on the younger children, many of whom don’t understand exactly what is happening, and who run around the shelter in a tight pack. The youngsters from Africa speak only a small amount of Spanish, but they still manage to make friends.

The lack of toys means the children entertain themselves around a big table, beating it like a drum until their parents complain or turning it into a fort under which they hide and whisper.

There are several small buildings clustered around the compound — a men’s dormitory, a women’s dormitory and the church sanctuary where families camp out each night on mattresses squeezed between the pews.

The crowded conditions and a constant stream of visitors — nongovernmental organization workers, pro bono lawyers and journalists all asking the same tired questions — mean there is zero privacy. Young women groom themselves and change clothes under the cover of blankets.

A psychologist from the state comes once a week. On a recent morning, she gathered the children around a big round table and led them in breathing exercises.

She asked them to go one by one, saying their names and where they were from.

“I’m Natalia from Honduras,” one girl said.

“I’m Akasia from Congo,” said another.

A thin child from Guatemala declined to speak, burying her head in her arms.

“She is sad,” the 7-year-old boy next to her explained.

“It’s OK,” the psychologist said. “It’s okay to be sad.”

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

This kind of preventable harm inflicted by an Administration that has declared war on humanity and the rule of law is directly at the feet of three irresponsible Federal Judges of the Ninth Circuit who tanked by vacating the injunction against such gross abuses properly put in place by the U.S. District Judge in Innovation Law Labs v. McAleenan, ostensibly so that their colleagues could “deliberate” (actually “dither”) over a decision that would take responsible judges about 60 minutes to reach!  How do guys like this sleep at night?

The issue in Innovation Law Labs involves the bogus “Migrant Protection Protocols,” more accurately described as “Remain in Mexico” or “Die in Mexico” that intentionally violates both Fifth Amendment Due Process and numerous provisions of the INA, including the rights to access to counsel of one’s own choosing, fair notice of hearings, adequate time to prepare and present a case, and the right to assert withholding of removal to a country where one fears persecution or torture.

Failure of privileged Article III Judges to protect the most vulnerable among us from Executive overreach and abuse, in this case clearly racially motivated, has real life adverse consequences, beyond the “judicial ivory tower,” that in many cases are irreversible.

All of us who believe in justice should be outraged by the Ninth Circuit’s dilatory performance in this case! It’s nothing short of child abuse sanctioned by the Federal Judiciary.  It must stop!

PWS

07-19-19

RACIST SCOFFLAWS TRUMP, BARR, McALEENAN MOUNT VICIOUS ATTACK ON VULNERABLE CENTRAL AMERICAN REFUGEES — SEEK TO ELIMINATE ASYLUM STATUTES, TREATIES, CONSTITUTIONAL DUE PROCESS PROTECTIONS BY REGULATION!

https://www.huffpost.com/entry/trump-issues-new-rule-to-end-asylum-protections-for-central-americans_n_5d2c7a8fe4b0bd7d1e1fee42

Colleen Long
Colleen Long
Reporter
Associated Press

Colleen Long reports for AP in HuffPost:

WASHINGTON (AP) — The Trump administration on Monday moved to end asylum protections for most Central American migrants in a major escalation of the president’s battle to tamp down the number of people crossing the U.S.-Mexico border.

According to a new rule published in the Federal Register , asylum seekers who pass through another country first will be ineligible for asylum at the U.S. southern border. The rule, expected to go into effect Tuesday, also applies to children who have crossed the border alone.

There are some exceptions: If someone has been trafficked, if the country the migrant passed through did not sign one of the major international treaties that govern how refugees are managed (though most Western countries have signed them) or if an asylum-seeker sought protection in a country but was denied, then a migrant could still apply for U.S. asylum.

But the move by President Donald Trump’s administration was meant to essentially end asylum protections as they now are on the southern border.

The policy is almost certain to face a legal challenge. U.S. law allows refugees to request asylum when they arrive at the U.S. regardless of how they did so, but there is an exception for those who have come through a country considered to be “safe.” But the Immigration and Nationality Act, which governs asylum law, is vague on how a country is determined “safe”; it says “pursuant to a bilateral or multilateral agreement.”

Right now, the U.S. has such an agreement, known as a “safe third country,” only with Canada. Under a recent agreement with Mexico, Central American countries were considering a regional compact on the issue, but nothing has been decided. Guatemalan officials were expected in Washington on Monday, but apparently a meeting between Trump and Guatemalan President Jimmy Morales was canceled amid a court challenge in Guatemala over whether the country could agree to a safe third with the U.S.

The new rule also will apply to the initial asylum screening, known as a “credible fear” interview, at which migrants must prove they have credible fears of returning to their home country. It applies to migrants who are arriving to the U.S., not those who are already in the country.

Trump administration officials say the changes are meant to close the gap between the initial asylum screening that most people pass and the final decision on asylum that most people do not win. But immigrant rights groups, religious leaders and humanitarian groups have said the Republican administration’s policies amount to a cruel and calloused effort to keep immigrants out of the country. Guatemala, Honduras and El Salvador are poor countries suffering from violence .

Along with the administration’s recent effort to send asylum seekers back over the border , Trump has tried to deny asylum to anyone crossing the border illegally and restrict who can claim asylum, and Attorney General William Barr recently tried to keep thousands of asylum seekers detained while their cases play out.

Nearly all of those efforts have been blocked by courts.

Meanwhile, conditions have worsened for migrants who make it over the border seeking better lives. Tens of thousands of Central American migrant families cross the border each month, many claiming asylum. The numbers have increased despite Trump’s derisive rhetoric and hard-line immigration policies. Border facilities have been dangerously cramped and crowded well beyond capacity. The Department of Homeland Security’s watchdog found fetid, filthy conditions for many children. And lawmakers who traveled there recently decried conditions .

Immigration courts are backlogged by more than 800,000 cases, meaning many people won’t have their asylum claims heard for years despite move judges being hired.

People are generally eligible for asylum in the U.S. if they feared return to their home country because they would be persecuted based on race, religion, nationality or membership in a particular social group.

During the budget year for 2009, there were 35,811 asylum claims, and 8,384 were granted. During 2018 budget year, there were 162,060 claims filed, and 13,168 were granted.

___

Associated Press writer Michael Balsamo contributed to this report.

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

The Trump Administration launches its most brazen attack yet on the rule of law, our Constitution, and American Democracy.  But, ultimately it’s likely to fail for the following reasons:

  • As usual, the Trump Administration fails to comply with the Administrative Procedures Act (“APA”) in publishing a major policy change without advance opportunity for notice and comment;
  • The regulation violates the Immigration and Nationality Act’s (“INA’s”) guarantee of a right to apply for asylum except in very limited circumstances not applicable here;
  • A similar regulation purporting to end asylum rights for those applying between ports of entry was immediately halted by the Federal Courts; 
  • Even under the regulation, refugees arriving in the U.S. retain the right to apply for mandatory “withholding of removal” under the INA and the Convention Against Torture (“CAT”) — although the standard is higher, those showing “past persecution” are entitled to a regulatory presumption of future persecution for purposes of withholding of removal under the INA;
  • Smugglers eventually can develop (more dangerous and expensive) water routes to the U.S. which do not require passing through any other “signatory country” on the way;
  • Smugglers could eventually shift their “business model” to higher risk more expensive schemes designed to avoid the U.S. asylum system completely and deposit individuals in the interior of the U.S. where most of them will be able to “lose themselves” among the millions of other foreign nationals residing and working in the U.S. without documentation.

We are diminishing ourselves as a nation, but that won’t stop human migration.

And, remember, YOUR legal and Constitutional rights might be the next casualty of Trump and his out of control band of scofflaws.

Join the New Due Process Army and fight for the legal and Constitutional rights and the human dignity of everyone in America!

 

PWS

07-15-19

NBC NEWS REPORTS CONTINUING HUMAN RIGHTS ABUSES & SEXUAL ABUSE OF KIDS BY BORDER PATROL IN TRUMP’S “KIDDIE GULAG” — “The poor treatment of migrant children at the hands of U.S. border agents in recent months extends beyond Texas to include allegations of sexual assault and retaliation for protests, according to dozens of accounts by children held in Arizona collected by government case managers and obtained by NBC News.”

https://www.nbcnews.com/politics/immigration/migrant-kids-overcrowded-arizona-border-station-allege-sex-assault-retaliation-n1027886

Jacob Soboroff
Jacob Soboroff
Correspondent
NBC News
Julia Ainsley
Julia Edwards Ainsley
Investigative Reporter, NBC News

Jacob Soboroff & Julia Edwards Ainsley report for NBC News:

WASHINGTON — The poor treatment of migrant children at the hands of U.S. border agents in recent months extends beyond Texas to include allegations of sexual assault and retaliation for protests, according to dozens of accounts by children held in Arizona collected by government case managers and obtained by NBC News.

A 16-year-old Guatemalan boy held in Yuma, Arizona, said he and others in his cell complained about the taste of the water and food they were given. The Customs and Border Protection agents took the mats out of their cell in retaliation, forcing them to sleep on hard concrete.

A 15-year-old girl from Honduras described a large, bearded officer putting his hands inside her bra, pulling down her underwear and groping her as part of what was meant to be a routine pat down in front of other immigrants and officers.

The girl said “she felt embarrassed as the officer was speaking in English to other officers and laughing” during the entire process, according to a report of her account.

A 17-year-old boy from Honduras said officers would scold detained children when they would get close to a window, and would sometimes call them “puto,” an offensive term in Spanish, while they were giving orders.

Earlier reports from investigators for the Department of Homeland Security’s Office of the Inspector General from the El Paso and Rio Grande Valley sectors in Texas detailed horrific conditions for children and other migrants held in overcrowded border stations where they were not given showers, a clean change of clothes or space to sleep. The reports from the Yuma CBP sector describe similar unsanitary and crowded conditions but go further by alleging abuse and other misconduct by CBP officers.

President Trump has pushed back against reports of poor conditions for children, and Kevin McAleenan, acting secretary of DHS, which oversees CBP, has said the reports are “unsubstantiated.”

In a statement about the Yuma allegations, a CBP spokesperson said, “U.S. Customs and Border Protection treats those in our custody with dignity and respect and provides multiple avenues to report any allegations of misconduct. … The allegations do not align with common practice at our facilities and will be fully investigated. It’s important to note that the allegation of sexual assault is already under investigation by the Department of Homeland Security’s Office of Inspector General.”

DHS had been sounding the alarm on overcrowding in border facilities for months, resulting in a $4.5 billion emergency funding bill recently passed by Congress. In Yuma, a soft-sided tent facility was opened at the end of June to accommodate overcrowding at the border station.

But in nearly 30 accounts obtained from “significant incident reports” prepared between April 10 and June 12 by case managers for the Department of Health and Human Services, the department responsible for migrant children after they leave CBP custody, kids who spent time in the Yuma border station repeatedly described poor conditions that are not pure byproducts of overcrowding. They reported being denied a phone call, not being offered a shower, sleeping on concrete or outside with only a Mylar blanket, and feeling hungry before their 9 p.m. dinnertime.

One child reported “sometimes going to bed hungry because dinner was usually served sometime after 9 p.m. and by that time she was already asleep,” according to the documents.

All children who gave accounts to case managers had been held at the border station longer than the 72 hours permitted by law.

Laura Belous, advocacy attorney for a organization that provides legal services to migrant children, the Florence Immigrant & Refugee Rights Project, said her group was “horrified and sickened by the allegations of abuse … But unfortunately, we are not surprised.”

“The children that we represent have reported being held in overcrowded and unsanitary conditions for days,” said Belous.

“Our clients tell us that they have seen CBP agents kick other children awake, that children do not know whether it’s day or night because lights are left on all the time, and that they have had food thrown at them like they were wild animals.

“Our clients and all migrants deserve to be treated with dignity and respect.”

Nearly every child interviewed by the HHS case workers after leaving the Yuma border station reported poor sleeping conditions. A 17-year-old boy from Guatemala reported having to sleep outside even though his clothes were wet from having recently crossed a river, likely the Colorado River.

Once he was transferred inside, the conditions were not much better. “He shared that there was not always space on the floor as there were too many people in the room. He further shared that there would be room available when someone would stand up,” his report stated.

Many migrant children said they were either not given a mattress, pillow or blanket to sleep with, or were just given a Mylar blanket instead.

A temporary holding facility for migrant children in Yuma, Arizona.NBC News

Other children described being scared of the officers and said the officers would get angry if they asked for anything. One child wore soiled underwear for the 10 days he was in the border station because he was afraid to ask the officers for a clean pair, according to one of the reports. Another, a 15-year-old girl from Guatemala, described the food as “gross and cold most of the time.”

HHS referred NBC News to DHS for comment.

In a statement to NBC News, Rep. Elijah Cummings, D-Md., chairman of the House Committee on Oversight and Reform, said, “These allegations are very concerning and need to be fully investigated. The president has denied any problems with these detention centers — despite multiple confirmed reports to the contrary — but it is the Trump administration’s own policies that have contributed to this humanitarian crisis and this lack of accountability.”

Cummings has called on McAleenan to testify about the poor conditions for immigrants at the border.

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

Pretty disgusting. Both Trump and McAleenan are proven liars when it comes to denying and covering up cruel and inhuman treatment of detainees. They particularly enjoy targeting women and children. As the reports from throughout the Gulag mount, their denials and obfuscations get more and more outlandish. 

What we as a country are permitting the Trump Administration to do to asylum applicants, particularly families and children, is a stain that will continue to fester and diminish America long after Trump and his toxic toadies are gone from the scene.

PWS

07-09-19

UNHOLY BEDFELLOWS: Trump’s Cruelty Combines With 9th Cir.’s Complicity To Abuse & Kill U.S. Asylum Seekers In Mexico

https://www.latimes.com/politics/la-na-pol-trump-refugee-camp-rio-grande-migrants-border-20190708-htmlstory.html

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times
Carolyn Cole
Carolyn Cole
Staff Photojournalist
LA Times

Molly O’Toole & Carolyn Cole Report for the LA Times:

A group of roughly 100 Haitians, Africans and South Americans cross the Rio Grande, just shallow enough for adults to wade despite an overnight storm.

As they wait on the muddy bank near Del Rio, Texas, to surrender themselves to the Border Patrol, the voices of children in the group carry across the river to the Mexican side.

There, in the city of Ciudad Acuña, hundreds of migrants have formed an impromptu refugee camp in an ecological park bound on one side by the river. Just outside the park, the official port of entry to the United States sits at the end of a short bridge.

They’ve crossed thousands of miles by foot, boat and bus to seek asylum in the U.S., only to find themselves stalled in a purgatory of soggy tents and overflowing bathrooms. Now, they face an uncertain wait prolonged by Trump administration policy.

The temptation to make the risky and illegal river crossing mounts daily.

“If you see people jumping over the river, it is because they are tired of staying here,” said one resident of the camp, Luis, who declined to give his last name out of fear for the safety of his family back home.

Home for him would be the West African nation of Cameroon, where Luis was vice principal of a school until he fled last fall. He escaped a widening conflict between the country’s English-speaking minority and its Francophone-majority government, which receives security assistance from the U.S.

He was jailed and tortured before escaping to neighboring Nigeria, Luis said. After a trek across three continents, he landed here, where he has waited for six weeks to present himself to U.S. officials at the Del Rio port of entry.

He hopes to join a sister in Ohio.

“At times, it is really disheartening,” he said, “so it is difficult to wait.”

. . . .

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

Read the complete article along with Carolyn’s wonderful photography at the link.

Cruel, “designed to fail” policies and complicit judges who fail to protect the statutory, constitutional, and human rights of others are unlikely to stop the flow of forced migrants in the long run. They will, however, succeed in killing some, torturing others, ruining many lives, and causing permanent damage to large numbers of their fellow human beings, particularly children.

NBC/Reuters just reported on continuing concerns, confusion, and accusations regarding treatment of migrants in Mexico by the National Guard.  https://apple.news/APdRhfQFnTneror8AprpRZQ I’m willing to bet that this is just the “tip of the iceberg.” Eventually, the true “body count” and extent of the human rights violations chargeable to Trump, the 9th Circuit, and the Mexican Government will surface. It will be unbelievably ugly.

Future generations will also find it difficult to understand and explain our national complicity, since the facts about the abuses the Trump Administration is heaping on humanity in our name are out in the open for life-tenured judges to ignore at the peril of their lasting reputations. And, too many of them are doing just that.

PWS

07-10-19

 

 

 

SPRINT TO THE BOTTOM: Trump Administration Trashes Refugees & Human Rights In A Despicable Return To “1939-Style Fascism Lite!” — America’s Rancid Conduct & Negative Leadership Presages Another Worldwide Refugee Tragedy — This Time The Blood Will Be Directly On Our Hands!

https://www.washingtonpost.com/opinions/were-in-an-age-of-impunity-it-will-have-consequences-for-us-all/2019/07/07/8ff2d894-9f2b-11e9-9ed4-c9089972ad5a_story.html

E.J. Dionne, Jr
E.J. Dionne, Jr.
Opinion Writer
Washington Post
David Miliband
David Miliband
Chief Executive
International Rescue Committee

E.J. Dionne, Jr. writes in the Washington Post commenting on a recent speech by David Miliband, Chief Executive of the International Rescue Committee:

. . . .

“A new and chilling normal is coming into view,” Miliband concluded. “Civilians seen as fair game for armed combatants, humanitarians seen as an impediment to military tactics and therefore unfortunate but expendable collateral, and investigations of and accountability for war crimes an optional extra for state as well as nonstate actors.”

But these evils cannot be isolated from the larger political corrosion in the rest of the world — and this includes the long-standing democracies themselves. “The checks and balances that protect the lives of the most vulnerable people abroad,” he said, “will only be sustained if we renew the checks and balances that sustain liberty at home.”

This isn’t simply about aligning principle and practice. More fundamentally, when governments abandon a commitment to accountability domestically, they no longer feel any obligation to insist upon it internationally. It’s no accident, as Miliband noted, that under President Trump, the United States “has dropped the promotion of human rights around the world from its policy priorities.”

He pulled no punches: “The new order is epitomized in the photo of Russian President [Vladimir] Putin and Saudi Crown Prince [Mohammed bin] Salman high-fiving each other at the G-20 meeting in Argentina in November last year. With Syria in ruins, Yemen in crisis, and political opponents like Boris Nemtsov and Jamal Khashoggi dead, theirs was the embrace of two leaders unencumbered by national institutions or by the fear of international law.”

Miliband acknowledged the mistakes of an earlier era (including the Iraq War) but argued that “accountability, not impunity” was on the rise in the 1990s, when there was “an unusual consensus across the left-right divide” about “the need for global rules.” We have said goodbye to all that.

In 2002, Samantha Power, later the U.S. ambassador to the United Nations, published “ ‘A Problem from Hell’: America and the Age of Genocide,” a book that stirred consciences about the world’s obligations to helpless people unprotected — and often targeted — by sovereign governments.

Nearly two decades on, we are numb, distracted and inward-looking.

Miliband understands that democratic citizens, grappling with their own discontents, will be inclined to look away from the travails of others “until there is a new economic and social bargain that delivers fair shares at home.”

But an Age of Impunity not only poses immediate dangers to millions confronting violence far away. It also corrodes the sense of obligation of the privileged in wealthy nations toward those left behind. When anything goes, no one is safe.

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

Read the complete article at the above link.

The key point here for Americans who have been “tone deaf” to Trump’s (and his toadies at DHS, DOJ, DOS, and elsewhere) gross abuses of the rule of law, human rights, and human dignity is the following: “When anything goes, no one is safe.”

PWS

07-08-19

THE DOWNSIDE OF KAKISTOCRACY: Trump Has Neither The Interest Nor Talent To Successfully Address The Problem Of Forced Migration From The Northern Triangle!

https://www.theglobeandmail.com/opinion/editorials/article-theres-a-migrant-crisis-at-the-us-border-and-theres-only-one-way/

From The Globe & Mail:

EDITORIALS

There’s a migrant crisis at the U.S. border. And there’s only one way to end it

The image of a father and his two-year-old daughter, their corpses face down in the mud on the banks of the Rio Grande, illustrates one part of the crisis on the southern border of the United States. The nightmarish conditions for migrants, with many held in severely overcrowded U.S. detention facilities, are another chapter. And then there’s how the U.S. Congress, paralyzed by distrust between Democrats and Republicans, waited until last week to vote additional funding aimed at improving life in those holding pens.

But the most revealing thing about the migration issue, and its solution, are the words of Nayib Bukele, the President of El Salvador.

On Monday, the same day funerals were held for Oscar Alberto Ramirez and his daughter Valeria, Salvadorans who drowned while trying to ford the river that marks the border into the promised land, Mr. Bukele was asked about the reason for the tragedy.

“People don’t flee their homes because they want to,” he said in English. “People flee their homes because they feel they have to. Why? Because they don’t have a job, because they are being threatened by gangs, because they don’t have basic things like water, education, health.

“We can spit blame to any other country but what about our blame? I mean, what country did they flee? Did they flee the United States? They fled El Salvador. They fled our country. It is our fault.”

And also: “If people have an opportunity of a decent job, a decent education, a decent health-care system and security, I know forced migration will be reduced to zero.”

That’s the issue, in a nutshell. Problem and solution.

If President Donald Trump was serious about fixing the crisis on his country’s southern border, instead of playing it for political advantage, he’d be listening to Mr. Bukele.

The people of El Salvador are hardly to blame for what has happened to their homeland. The Central American country and neighbouring Honduras and Guatemala are corrupt, economically depressed and violent. In 2016, El Salvador had the world’s highest murder rate. Honduras was second. It’s why so many feel they have no choice but to leave.

In May, U.S. authorities took more than 144,000 migrants into custody at the southern border. That means more people crossed from Mexico to the United States in one month than have crossed into Canada at the Roxham Road unofficial crossing point in three years. The vast majority crossing the U.S.-Mexico border did so between official posts, as Mr. Ramirez and his daughter attempted to do. Most came to make a refugee claim.

The flow of migrants entering the United States in May was roughly three times as high as it was during the Obama administration. The surge is driven by people from the so-called Northern Triangle of El Salvador, Honduras and Guatemala. As Mr. Bukele correctly described it, misery spurs migration.

But El Salvador is not doomed to forever be a land of misery. Consider that nearby Costa Rica has long been peaceful, democratic and relatively prosperous. And Panama, a dictatorship just a generation ago, has made big strides and is now level with Costa Rica. The United Nations Human Development Index ranks both countries ahead of Brazil, Mexico, China and nearly all of Latin America and the Caribbean. El Salvador is far behind. But change is always possible.

In 2018, Mr. Trump famously said he wanted fewer immigrants from “shithole countries.” To put it in words Mr. Trump can understand, the way to stop people from fleeing crappy countries is to make them less, you know, crappy.

Mr. Bukele, the son of Palestinian immigrants, has a dream of turning El Salvador into a place that draws investment and people, rather than chasing them away. It’s part of the reason why he said what he said about his country’s responsibility for migration. He wants and needs Washington’s help.

If the United States were serious about stemming the flow of migrants, it would be crafting a Marshall Plan for Central America. It would be helping the Northern Triangle achieve better government and more development and investment.

Instead, Mr. Trump earlier this year announced that, as punishment for sending so many migrants, he would cut aid to the Northern Triangle. His administration quietly backed away from the pledge, but the message has been sent. Enlightened self-interest is not on this President’s menu.

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

The real problem here is that solutions to forced migration issues:

  • Take time;
  • Require knowledge and intellectual sophistication;
  • Require international cooperation; and
  • Aren’t in the White Nationalist “playbook” from which Trump gets all of his failed ideas on migration. 

PWS

07-05-19