"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
“The head is missing, but the body is still alive.
The president killed off all attempts at compromise, then went dark after the government shut down, refusing to say what he would support on immigration or even to engage in negotiations. But in this leadership vacuum, something remarkable happened: Twenty-five senators, from both parties, rediscovered their role as lawmakers. They crafted a deal over the weekend that offers a possible path forward, and, in dramatic fashion on the Senate floor Monday, signaled the end of the shutdown with a lopsided 81-to-18 vote.
The agreement may not end in a long-sought immigration deal and a long-term spending plan. Trump could yet kill any deals they reach. And liberal interest groups are furious at what they see as a Democratic surrender. But Monday’s breakthrough shows there is at least the potential for lawmakers to take the wheel from an erratic and dangerous driver.
Senate Minority Leader Chuck Schumer (D-N.Y.), announcing his deal with Senate Majority Leader Mitch McConnell (R-Ky.) on the Senate floor Monday afternoon, said he hadn’t even heard from Trump since Friday, before the government closed. “The White House refused to engage in negotiations over the weekend. The great dealmaking president sat on the sidelines,” Schumer said, adding that he reached agreement with McConnell “despite and because of this frustration.”
Looking down from the gallery Monday afternoon, I saw the sort of scene rarely observed any longer in the Capitol: bipartisan camaraderie. Sens. Chris Coons (D-Del.) and Susan Collins (R-Maine), two architects of the compromise, were talking, when McConnell, with a chipper “Hey, Chris,” beckoned him for a talk with Sen. Lamar Alexander (R-Tenn.), who soon broke off for a word with Sen. Joe Manchin (D-W.Va.). Sen. Mike Rounds (R-S.D.) hobnobbed with Coons and Sen. Tim Kaine (D-Va.). Sen. Roy Blunt (R-Mo.) put an arm around Sen. Dick Durbin (D-Ill.) as he chatted with Sens. Debbie Stabenow (D-Mich.) and Jeanne Shaheen (D-N.H.). During the vote, Manchin sat on the Republican side with Sen. Shelley Moore Capito (R-W.Va.), and Sen. Sheldon Whitehouse (D-R.I.) sat with Sen. Lindsey Graham (R-S.C.).
Durbin marveled at the festival of bonhomie. “What I have seen here on the floor of the Senate in the last few days is something we have not seen for years,” he said.
Neither side particularly wanted this shutdown. It was the work of a disengaged president who contributed only mixed signals, confusion and sabotage. After provoking the shutdown by killing a bipartisan compromise to provide legal protection for the “dreamers” (undocumented immigrants who came as children), Trump’s political arm put up a TV ad exploiting the dreamers by saying “Democrats who stand in our way will be complicit in every murder committed by illegal immigrants.”
Trump’s anti-immigrant ad and his racist outburst in the White House last week will only increase Republicans’ long-term political problems, but, in the short term, Republicans succeeded in portraying Democrats as shutting down the government to protect illegal immigrants. And liberal interest groups took the bait. In a conference call just before news of the deal broke Monday morning, a broad array of progressive groups — Planned Parenthood, labor unions, the Human Rights Campaign, the ACLU, MoveOn and Indivisible — joined immigration activists in demanding Democrats refuse to allow the government to reopen without an immediate deal for the dreamers.”
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Read the rest of Milbank’s op-ed at the link.
I’ve said all along that there is potential for Congress to govern if McConnell, Ryan, and the rest of the GOP leadership would permit it. But, that means ditching the “Hastert Rule” (named, btw, for convicted “perv” and former GOP Speaker Denny Hastert) and thereby “PO’ing” both the “White Nationalist” and “Bakuninist Wings” of the GOP. That’s why it likely won’t happen. Because although they could govern in this manner, in coalition with many Dems, the modern GOP is beholden to both the White Nationalists and the Bakuninists to win elections and have a chance at being in the legislative majority.
In the end, if the Dems want to change the way America is governed for the better, they’re going to have to win some elections — lots of them. And, that’s not going to happen overnight. Although I can appreciate the Dreamers’ frustration, I think they would do better getting behind the Dems, and even the moderate GOP legislators who support them, rather than throwing “spitballs.”
Ironically, the disappearing breed of “GOP moderates” — who played a key role in restarting the Government — could be more effective and wield more power if they were in the minority, rather than being stuck in a majority catering to the extremest elements of a perhaps loud, but certainly a distinct minority, of Americans!
Offended by the ‘sanctuary state’ legislation, Trump administration petulantly looks for payback.
State and local governments in California rightly recognize that it’s up to the federal government to determine which people living in the country illegally ought to be tracked down and deported. It’s no more the responsibility of local cops to run immigrants to ground than it is for them to sniff out people cheating on their federal income taxes.
There is an important public safety reason for keeping local police and sheriff’s deputies out of the deportation business. If people who are living in the country illegally come to view local law enforcement officers as just another set of immigration agents, they will be far less likely to report crimes or cooperate with investigators. Los Angeles Police Chief Charlie Beck said last year that fewer Latinos in the city were reporting rapes, spousal abuse and other crimes for fear of being deported under the Trump administration’s policy of stepped-up arrests.
Nevertheless, the Trump administration has made no secret of its disdain for state and local governments that refuse to use their own resources to help Washington enforce federal immigration law. Twice this month, Department of Homeland Security Secretary Kirstjen Nielsen and acting Immigration and Customs Enforcement director Thomas Homan said they have asked the Justice Department whether local officials who don’t report residents who are in the country illegally can be charged under the federal law against harboring “aliens.”
Homan also has warned that he will “significantly” increase ICE’s presence in California to ramp up arrests in neighborhoods and on streets as payback for the California Values Act (the “sanctuary state” law adopted last year), which denied ICE agents access to jailsunless they have a warrant. “California better hold on tight,” he said in a Fox News interview. “They’re about to see a lot more special agents, a lot more deportation officers in the state of California.”
That’s not enforcing immigration law. That’s coercion by the federal government to try to compel local officials to, in effect, do their jobs for them. It is also the kind of thuggishness we’d expect from someone like Turkish leader Recep Tayyip Erdogan, not the president of the United States.
Homan also argued that without the cooperation of local law enforcement, “violent criminal aliens” are being released back onto the streets rather than being deported. “If the politicians in California don’t want to protect their communities, then ICE will,” Homan said.
That’s preposterous. ICE has access to databases that reveal who is incarcerated and when they are scheduled for release. If “violent criminal aliens” reenter their communities, it’s because ICE failed to identify them while in custody and pick them up upon release from prison or jail.
Now comes word that ICE may be planning a massive sweep in Northern California targeting as many as 1,500 immigrants, according to the San Francisco Chronicle. That would be little more than showboating. According to the best estimates, California has about 2.35 million immigrants who are living in the state illegally. No matter how hard he tries, Homan is not going to arrest away that problem. Rather, such draconian enforcement actions — and have no doubt, the impetus comes from President Trump — will do little more than disrupt families and communities.
Just last week, the government deportedprosecutorial discretion Jorge Garcia, 39, who was living in the country illegally but was otherwise a productive and law-abiding member of the community. For years, the federal government had exercised not to enforce a deportation order against him. Garcia arrived in the U.S. as a 10-year-old, grew up in the Detroit area and is married to an American citizen with whom he has two American children. What possible good comes from breaking apart that family?
It’s deplorable that the government is pursuing such a heartless and heavy-handed approach to enforcement in service of a system that is hopelessly broken. A wise president would pursue truly dangerous immigrants who are here illegally, find ways to keep new arrivals out (and ensure visa holders leave when they are supposed to) and work with Congress for a humane resolution to the fate of more than 11 million people who have lived in the U.S. for, on average, more than a decade. But wisdom and this president are opposing forces.”
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For the Trumpsters, it’s never been about “smart,” “efficient,” or “effective” law enforcement. No, it’s always been about White Nationalism, pandering to an extremist base, and turning ICE into more or less of an “internal security police” to terrorize primarily Latino, but also other ethnic and minority, communities. That’s why Congress should “Just Say No” to the Administration’s outrageous requests for yet more DHS enforcement agents (when they aren’t even able to fill their existing vacancies with qualified candidates).
“Lost in the shitstorm over “shithole” was another equally damning example of President Donald Trump’s blatant racism and sexism. It was an outward display of a mindset that in many ways has paved the way for the government shutdown we’re facing now.
Last week, NBC News reported that last fall, the president of the United States asked a career intelligence analyst “Where are you from?” She responded, “New York,” and that should have ended the conversation. It didn’t.
He asked again, and she responded, “Manhattan.”
For those who have initiated a similar conversation, if you ask twice and you don’t get the answer you are fishing for ― just drop it. Take a hint. We don’t want to go there with you.
Trump, clearly oblivious to this social cue, follows up and asks where “your people” are from.
Finally relenting, the analyst answered that her parents are Korean. At this point, Trump, through his ignorance, has robbed this woman of all the hard work, intellect and skill she has invested into her profession by placing some artificial value on her (and her family’s) ethnicity.
Where she or her parents are from has zero bearing on her job or value. It’s one thing if someone volunteers information about their culture, background, family and upbringing. But until they do, it’s none of your business and should have no role in how you judge, evaluate and view them as professionals or human beings.
Taking it even further, Trump somehow manages to combine sexism with racism by asking why the “pretty Korean lady” wasn’t negotiating with North Korea. The insane thing about this statement is that I’m 100 percent certain that in Trump’s mind, he was paying her a compliment.
What he did was demean and insult a woman who was simply trying to do her job.
Trump owes this “pretty Korean lady” an apology for his ignorant, racist and sexist comments. I don’t think Trump realizes or cares about the consequences that his tone, tenor and words have had in the lives of people who don’t look like him.
Pretty much my entire life, I’ve been asked (primarily by white people) the question that I imagine every “Asian-looking” person cringes at inside: “Where are you from?”
In most cases, I’m certain that the person asking this is not consciously discriminatory, but rather is just completely ignorant of how annoying this question is to people who look like me. Like the career intelligence analyst attempted to do with Trump, I answered the question by saying “New York” or “California” ― where I had spent my childhood and formative years. Inevitably comes the dreaded follow-up: “No, I mean what is your background? Chinese or Japanese?
The puzzled looks I would receive when I responded: “German and Italian” were priceless but also revealing. I simply did not fit into their preordained stereotypical worldviews.
My name is Kurt (German) Bardella (Italian), and I am adopted.
For most of you out there who ask this question of people who look or sound “different,” you’re probably just genuinely curious and mean no harm. You’re just trying to start conversation.
But the case of Trump and the career intelligence professional reveals something much more offensive. It was a glimpse into the racially charged worldview that Trump subscribes to,a worldview that has infected the Republican Party and now led us to a government shutdown.
It’s the same worldview that led to his vulgarly demeaning the lives of would-be immigrants from Haiti, El Salvador and nations in Africa. It’s the same worldview that has him obsessed with building a border wall to keep “bad hombres” out of the United States. And it’s the same worldview that drove him to end DACA.
Trump and his Republican enablers are so fixated on enacting these outwardly racist policies that they are willing to preside over a government shutdown to get them.
The shutdown showdown unfolding right now is about much more than government funding. It is about two different portraits representing the American identity. The Trump-GOP viewpoint sees our country as one that is, first and foremost, Caucasian. The Democratic perspective sees a diverse nation of many cultures, backgrounds, languages and customs.
That’s what we are fighting about. It may be more politically expedient for Democrats to back down, but with our national identity hanging in the balance, this is the time to take a stand.
Kurt Bardella was born in Seoul, South Korea, and adopted by two Americans from Rochester, New York, when he was three months old. He currently lives in Arlington, Virginia.
This piece is part of HuffPost’s brand-new Opinion section. For more information on how to pitch us an idea, go here.
Kurt Bardella is a media strategist who previously worked as a spokesperson for Breitbart News, the Daily Caller, Rep. Darrell Issa, Rep. Brian Bilbray and Senator Olympia Snowe.”
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One had only to listen to Senator Tom Cotton on “Meet the Press” yesterday to see how true Bardella’s commentary is. Cotton lied, obfuscated, and generally avoided answering Moderator Chuck Todd’s questions.
Then, he let loose with his biggest fabrication: that somehow legalizing the Dreamers and eventually allowing their parents to legally immigrate would “do damage” to the U.S. which would have to be “offset” by harsher, more restrictive immigration laws! So, in allowing the Dreamers, who are here doing great things for America, and somewhere down the road their parents, some of whom are also here and are also doing great things for America, to become part of our society is a justification for more racially-motivated restrictions on future immigration. What a total crock!
Cotton said:
But it gives them legal status. That’s an amnesty, by adjusting their status from illegal to legal, no matter what you call it. It didn’t give money to build any new border barriers, only to repair past border barriers. It didn’t do anything to stop chain migration. Here’s what the president has been clear on. Here’s what I and so many Senate Republicans have been clear on: we’re willing to protect this population that is in the DACA program. If we do that, though, it’s going to have negative consequences: first, it’s going to lead to more illegal immigration with children. That’s why the security enforcement measures are so important. And second, it means that you’re going to create an entire new population, through chain migration, that can bring in more people into this country that’s not based on their skills and education and so forth. That’s why we have to address chain migration as well. That is a narrow and focused package that should have the support of both parties.
Meanwhile, on Meet the Press, GOP Latino leader Al Cardenas hit the nail on the head in charging Cotton and others in the GOP with a disturbing “lack of empathy” for Dreamers and other, particularly Hispanic, immigrants:
Cardenas said:
“Excuse me, that’s right. And you know, look, for the Republican Party the president had already tested DACA. The base seemed to be okay with it. Now that things have changed to the point where this bill passes, and it should, Democrats are going to take all the credit for DACA. And we’re taking none. Stupid politics. Number two, the second part that makes us stupid is the fact that no one in our party is saying, “Look, I’m not for this bill but I’ve got a lot of empathy for these million family.” Look, I can see why somebody would not be for this policy-wise. I don’t understand it. But I can respect it. But there’s no empathy. When I saw the secretary of homeland security in front of a Senate saying she’d never met a Dreamer. And yet she’s going to deport a million people, break up all these families. Where is the empathy in my party? People, you know the number one important thing in America when somebody’s asking for a presidential candidate’s support is, “Do you care…Does he care about me?” How do we tell 50 million people that we care about them when there’s not a single word of empathy about the fate of these million people.”
Here’s the complete transcript of “Meet the Press” from yesterday, which also included comments from Democratic Senator Dick Durbin and others. Check it out for yourself, if you didn’t see it.
Unlike Cotton and his restrictionist colleagues, I actually had “Dreamer-type” families come before me in Immigration Court. The kids eventually had obtained legal status, probably through marriage to a U.S. citizen, naturalized and petitioned for their parents.
Not only had the kids been successful, but the parents who were residing here were without exception good, hard-working, tax-paying “salt of the earth” folks. They had taken big-time risks to find a better life for their children, made big contributions to the U.S. by doing work that others were unavailable or unwilling to do, and asked little in return except to be allowed to live here in peace with their families.
Most will still working, even if they were beyond what we might call “retirement age.” They didn’t have fat pensions and big Social Security checks coming.
Many were providing essential services like child care, elder care, cleaning, cooking, fixing, or constructing. Just the type of folks our country really needs.
They weren’t “free loaders” as suggested by the likes of Cotton and his restrictionist buddies. Although I don’t remember that any were actually “rocket scientists,” they were doing the type of honest, important, basic work that America depends on for the overall success and prosperity of our society. Exactly the opposite of the “no-skill — no-good” picture painted by Cotton and the GOP restrictionists. I’d argue that our country probably has a need for more qualified health care and elder care workers than “rocket scientists” for which there is much more limited market! But, there is no reason se can’t have both with a sane immigration policy.
Today, my daughter Marisa and I joined thousands of women, men, and children in Washington, DC and other cities around the country to march for equality and for justice.
First and foremost on my mind while I marched with my daughter were the migrant and refugee women, children, and families for whom I advocate every day. With each step, I thought about the brave mothers who escape danger in their home countries because, like all mothers, they want a bright future for their children. Expecting to find safety at our border, these women and children are instead met by the Trump administration’s policies of ripping families apart.
I decided to march today in honor of the women and children who reach for safety but are instead betrayed.
The Women’s Refugee Commission will march forward with our important work supporting women and children seeking safety at our border. We will continue to utilize the court systems, inform the press and public, and hold the Trump administration accountable until asylum seekers have the protection and services they need to be safe, healthy, and to rebuild their lives. But there is strength in numbers.
In the spirit of the Women’s March, and the women for whom we march, please join us by donating today.
We can accomplish so much more together than we can alone.
In solidarity,
Michelle Brané
Director, Migrant Rights and Justice Program
Like me, my friend Michelle began her career as an Attorney Advisor at the BIA. She is also a distinguished alum of Georgetown Law where I am an Adjunct Professor.
The Women’s Refugee Commission does some fantastic work in behalf of vulnerable women and children who arrive at our border seeking refuge and justice, only to be detained and railroaded back to life-threatening conditions by the anti-refugee, anti-Due-Process, White Nationalist regime of Trump, Sessions, Miller, Nielsen, and their complicit minions.
Michelle was named one of the “21 Leaders for the 21st Century” by Women’s e-News.
Imagine what a great country this could be if our Government and our justice system were led by smart, courageous, principled, values-driven, humane leaders like Michelle and her colleagues, rather than by a cabal of morally bankrupt White Nationalist men and their sycophantic subordinates.
CNN)The government shutdown went into a second day Sunday with recriminations deepening between the parties and with no sign of progress towards ending the impasse.
The House and the Senate will be back at work by early afternoon, but after a day of futility on Saturday, there are few hopes of a sudden breakthrough to resolve a showdown over the refusal of Senate Democrats to vote to fund the government until President Donald Trump agrees to deal with the fate of 700,000 people brought to the US illegally as children.
The White House, and Republican and Democratic leaders spent most of Saturday apportioning blame as they sought to shape the political fallout from the shutdown that will only truly begin to hit home on Monday when government departments stay dark after the weekend as federal workers are furloughed.
“Everyone’s dug in. No movement at all from either side,” said a Democratic aide.
Trump had been hoping to be the star of the show at a glitzy fundraiser at his Mar-a-Lago resort in Florida Saturday celebrating the anniversary of his inauguration. But he was forced to hole up in Washington when his trip was canceled because of the shutdown.
. . . .
Both sides are convinced they have the upper hand — one reason why the shutdown could last for a while.
Republicans feel confident that they’re on the right side of the shutdown. While House Republicans were the ones who failed to deliver the votes when the government shut down in 2013. This time around, members say they want their leadership to stand firm against Senate Democrats who they believe will feel the pressure sooner or later.
Democrats believe that the fact that the GOP controls the House, the Senate and the White House will prompt voters to blame Trump and his troops.
CNN’s Ashley Killough, Deirdre Walsh, Abby Phillip, Manu Raju, Kevin Liptak and Ryan Nobles contributed to this report.”
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Read the complete article at the above link. Doesn’t sound promising; but, they are going to keep at it.
And so in this gateway city on the Rio Grande [Laredo], inside a building rimmed with barbed wire, past security guards and locked doors, immigration judges on short details started hearing cases in a cramped courtroom that was hastily arranged in March.
But seven months later, the case of Oscar Arnulfo Ramírez, an immigrant from El Salvador, was not going quickly. He was sitting in detention, waiting for a hearing on his asylum claim. And waiting some more.
The court files, his lawyer discovered, showed that Ramírez’s case had been completed and closed two months earlier. Since the case was closed, the court clerk couldn’t schedule a new hearing to get it moving again. In fact, the clerk didn’t even have a record that he was still detained.
“It’s as if he’s non-existent,” his lawyer,, said. “He’s still in a detention center. He’s still costing the government and the American people tax dollars. But there’s no proceeding going on. He’s just sitting there doing completely nothing.”
Ramírez’s case was one of many signs of disarray in the improvised court in Laredo, which emerged during a weeklong visit in late October by a reporter from The Marshall Project and a radio producer from This American Life. Instead of the efficiency the Trump administration sought, the proceedings were often chaotic. Hearing schedules were erratic, case files went missing. Judges were exasperated by confusion and delays. Like Ramírez, detainees were lost in the system for months on end.
For a view of the border crossing in Laredo and the grinding process migrants begin there, check out Kirsten Luce’s photosfrom the gateway on the Rio Grande.
With the intense pressure on the court to finish cases, immigrants who had run from frightening threats in their home countries were deported without having a chance to tell the stories that might have persuaded a judge to let them stay.
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For Paola Tostado, the lawyer, Ramírez was not the first client to fall through the cracks in Laredo. Even though she is based in Brownsville, three hours away, Tostado was making the pre-dawn drive up the highway as many as three times a week, to appear next to her clients in court in Laredo whenever she could.
Another Salvadoran asylum-seeker she represented, whose case was similarly mislaid, had gone for four months with no hearing and no prospect of having one. Eventually he despaired. When ICE officers presented him with a document agreeing to deportation, without consulting Tostado he had signed it.
“I’ve had situations where we come to an individual client who has been detained over six months and the file is missing,” she said. “It’s not in San Antonio. It’s not in Laredo. So where is it? Is it on the highway?”
In her attempts to free Ramírez, Tostado consulted with the court clerk in San Antonio, with the ICE prosecutors and officers detaining him, but no one could say how to get the case started again.
Then, one day after reporters sat in the courtroom and spoke with Tostado about the case, ICE released him to pursue his case in another court, without explanation.
But by December Tostado had two other asylum-seekers who had been stalled in the system for more than seven months. She finally got the court to schedule hearings for them in the last days of the year.
“I think the bottom line is, there’s no organization in this Laredo court,” Tostado said. “It’s complete chaos and at the end of the day it’s not fair. Because you have clients who say, I just want to go to court. If it’s a no, it’s a no. If it’s a yes, it’s a yes.”
Unlike criminal court, in immigration court people have no right to a lawyer paid by the government. But there was no reliable channel in Laredo for immigrants confined behind walls to connect with low-cost lawyers. Most lawyers worked near the regular courts in the region, at least two hours’ drive away.
Sandra Berrios, another Salvadoran seeking asylum, learned the difference a lawyer could make. She found one only by the sheerest luck. After five months in detention, she was days away from deportation when she was cleaning a hallway in the center, doing a job she had taken to keep busy. A lawyer walked by. Berrios blurted a plea for help.
The lawyer was from a corporate law firm, Jones Day, which happened to be offering free services. Two of its lawyers, Christopher Maynard and Adria Villar, took on her case. They learned that Berrios had been a victim of vicious domestic abuse. A Salvadoran boyfriend who had brought her to the United States in 2009 had turned on her a few years later when he wanted to date other women.
Once he had punched her in the face in a Walmart parking lot, prompting bystanders to call the police. He had choked her, burned her legs with cigarettes, broken her fingers and cut her hands with knives. Berrios had scars to show the judge. She had a phone video she had made when the boyfriend was attacking her and records of calls to the Laredo police.
The lawyers also learned that the boyfriend had returned to El Salvador to avoid arrest, threatening to kill Berrios if he ever saw her there.
She had started a new relationship in Texas with an American citizen who wanted to marry her. But she’d been arrested by the Border Patrol at a highway checkpoint when the two of them were driving back to Laredo from an outing at a Gulf Coast beach.
After Berrios been detained for nine months, at a hearing in July with Maynard arguing her case, a judge canceled her deportation and let her stay. In a later interview, Berrios gave equal parts credit to God and the lawyers. “I would be in El Salvador by this time, already dead,” she said. “The judges before that just wanted to deport me.”
. . . .
We have heard frustration across the board,” said Ashley Tabaddor, a judge from Los Angeles who is the association [NAIJ] president. She and other union officials clarified that their statements did not represent the views of the Justice Department. “We’ve definitely heard from our members,” she said, “where they’ve had to reset hundreds of cases from their home docket to go to detention facilities where the docket was haphazardly scheduled, where the case might not have been ready, where the file has not reached the facility yet.”
Another association official, Lawrence Burman, a judge who normally sits in Arlington, Va., volunteered for a stint in a detention center in the rural Louisiana town of Jena, 220 miles northwest of New Orleans. Four judges were sent, Burman said, but there was only enough work for two.
“So I had a lot of free time, which was pretty useless in Jena, Louisiana,” Burman said. “All of us in that situation felt very bad that we have cases back home that need to be done. But in Jena I didn’t have any of my files.” Once he had studied the cases before him in Jena, Burman said, he was left to “read the newspaper or my email.”
The impact on Burman’s case docket back in Arlington was severe. Dozens of cases he was due to hear during the weeks he was away had to be rescheduled, including some that had been winding through the court and were ready for a final decision. But with the enormous backlog in Arlington, Burman had no openings on his calendar before November 2020.
Immigrants who had already waited years to know whether they could stay in the country now would wait three years more. Such disruptions were reported in other courts, including some of the nation’s largest in Chicago, Miami and Los Angeles.
“Many judges came back feeling that their time was not wisely used,” Judge Tabaddor, the association president, said, “and it was to the detriment of their own docket.”
Justice Department officials say they are pleased with the results of the surge. A department spokesman, Devin O’Malley, did not comment for this story but pointed to congressional testimony by James McHenry, the director of the Executive Office for Immigration Review. “Viewed holistically, the immigration judge mobilization has been a success,” he said, arguing it had a “positive net effect on nationwide caseloads.”
Justice Department officials calculated that judges on border details completed 2700 more cases than they would have if they had remained in home courts. Officials acknowledge that the nationwide caseload continued to rise during last year, reaching 657,000 cases by December. But they noted that the rate of growth had slowed, to .39 percent monthly increase at the end of the year from 3.39 percent monthly when Trump took office.
Judge Tabaddor, the association president, said the comparison was misleading: cases of immigrants in detention, like the ones the surge judges heard, always take priority and go faster than cases of people out on release, she said. Meanwhile, according to records obtained by the National Immigrant Justice Center, as many as 22,000 hearings in judges’ home courts had to be rescheduled in the first three months of the surge alone, compounding backlogs.
. . . .”
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Read Julia’s complete article at the above link. Always enjoy getting quotes from my former Arlington colleague Judge Lawrence O. (“The Burmanator”) Burman. He tends to “tell it like it is” in the fine and time-honored Arlington tradition of my now retired Arlington colleague Judge Wayne R. Iskra. And, Judge Iskra didn’t even have the “cover” of being an officer of the NAIJ. Certainly beats the “pabulum” served up by the PIO at the “Sessionized” EOIR!
Also, kudos to one of my “former firms” Jones Day, its National Managing Partner Steve Brogan, and the Global Pro Bono Counsel Laura Tuell for opening the Laredo Office exclusively for pro bono immigration representation, As firms like jones Day take the “immigration litigation field,” and give asylum applicants the “A+ representation” they need and deserve, I predict that it’s going to become harder for the Article III U.S. Courts to ignore the legal shortcomings of the Immigration Courts under Sessions.
A brief aside. My friend Laura Tuell was a “Guest Professor” during a session of my Immigration Law & Policy class at Georgetown Law last June. On the final exam, one of my students wrote that Laura had inspired him or her to want a career embodying values like hers! Wow! Talk about making a difference on many levels!And talk about the difference in representing real valuesas opposed to the legal obfuscation and use of the legal system to inflict wanton cruelty represented by Sessions and his restrictionist ilk.
We also should recognize the amazing dedication and efforts of pro bono and “low bono” lawyers like Paola Tostado, mentioned in Julia’s report. “Even though she is based in Brownsville, three hours away, Tostado was making the pre-dawn drive up the highway as many as three times a week, to appear next to her clients in court in Laredo whenever she could.” What do you think that does to her law practice? As I’ve said before, folks like Paola Tostado, Christopher Maynard, Adria Villar, and Laura Tuell are the “real heroes” of Due Process in the Immigraton Court system.
Compare the real stories of desperate, bona fide asylum seekers and their hard-working dedicated lawyers being “stiffed” and mistreated in the Immigration Court with Sessions’s recent false narrative to EOIR about an asylum system rife with fraud promoted by “dirty attorneys.” Sessions’s obvious biases against migrants, both documented and undocumented, and particularly against Latino asylum seekers on the Southern Border, make him glaringly unqualified to be either our Attorney General or in charge of our U.S. Immigration Court system.
No amount of “creative book-cooking” by EOIR and the DOJ can disguise the human and due process disaster unfolding here. This is exactly what I mean when I refer to “”Aimless Docket Reshuffling” (“ADR”), and it’s continuing to increase the Immigration Court backlogs (now at a stunning 660,000) notwithstanding that there are now more Immigration Judges on duty than there were at the end of the last Administration.
I’ll admit upfront to not being very good at statistics and to being skeptical about what they show us. But, let’s leave the “Wonderful World of EOIR” for a minute and go on over to TRAC for a “reality check” on how “Trumpism” is really working in the Immigration Courts. http://trac.syr.edu/phptools/immigration/court_backlog/apprep_backlog.php
On September 30, 2016, near the end of the Obama Administration, the Immigration Court backlog stood at a whopping 516,000! Not good!
But, now let go to Nov. 30, 2017, a period of 14 months later, 10 of these full months under the policies of the Trump Administration. The backlog has mushroomed to a stunning 659,000 cases — a gain of 153,000 in less than two years!And, let’s not forget, that’s with more Immigration Judges on board!
By contrast, during the last two full years of the Obama Administration — September 30, 2014 to September 30, 2016 — the backlog rose from 408,000 to 516,000. Nothing to write home about — 108,000 — but not nearly as bad as the “Trump era” has been to date!
Those who know me, know that I’m no “fan” of the Obama Administration’s stewardship over the U.S. Immigration Courts. Wrongful and highly politicized “prioritization” of recently arrived children, women, and families from the Northern Triangle resulted in “primo ADR” that sent the system into a tailspin that has only gotten worse. And, the glacial two-year cycle for the hiring of new Immigration Judges was totally inexcusable.
But, the incompetence and disdain for true Due Process by the Trump Administration under Sessions is at a whole new level. It’s clearly “Amateur Night at the Bijou” in what is perhaps the nation’s largest Federal Court system. And, disturbingly, nobody except a few of us “Immigration Court Groupies” seems to care.
So, it looks like we’re going to have to stand by and watch while Sessions “implodes” or “explodes” the system. Then, folks might take notice. Because the collapse of the U.S. Immigration Courts is going to take a big chunk of the Article III Federal Judiciary with it.
Why? Because approximately 80% of the administrative review petitions in the U.S. Courts of Appeals are generated by the BIA. That’s over 10% of the total caseload. And, in Circuits like the 9th Circuit, it’s a much higher percentage.
The U.S. Immigration Judges will continue to be treated like “assembly line workers” and due process will be further short-shrifted in the “pedal faster” atmosphere intentionally created by Sessions and McHenry. The BIA, in turn, will be pressured to further “rubber stamp” the results as long as they are removal orders. The U.S. Courts of Appeals, and in some cases the U.S. District Courts, are going to be left to clean up the mess created by Sessions & co.
We need an independent Article I U.S. Immigration Court with competent, unbiased judicial administration focused on insuring individuals’ Due Process now! We’re ignoring the obvious at our country’s peril!
Please join me in congratulating Immigration Clinic student-attorney Solangel González, who this afternoon won a grant of asylum for her clients, N-R and her two minor children, from El Salvador. The ICE trial attorney waived appeal so the decision is final. The immigration judge (IJ), Quynh Vu Bain, commenced today’s proceeding in the above manner.
N-R was threatened by the MS gang in her country because of her familial relationship with her uncle, who was murdered by the gang. After her uncle’s body was discovered, N-R called the police. While discussing the murder with a police officer a gang member walked by and saw the discussion. During the discussion, however, the police officer told N-R that it was best if she dropped the matter because, if they found out she filed a complaint, the gang could kill her kids. N-R later was told by a gang associate that she and her kids would be killed if she pursued the complaint. Out of caution, N-R moved with her children to another part of El Salvador, but the gang continued to look for her. Finally, N-R and her children fled to the USA. N-R testified that the gang members continue to look for her.
Congratulations also to Alyssa Currier, Karoline Núñez, Chen Liang, and Jonathan Bialosky, who previously worked on this case.
NOTE: While waiting in the lobby for her case to be called, Solangel escorted a respondent, who didn’t know where to go and who didn’t know who her lawyer was, to her assigned court room, thus avoiding a potential in absentia removal order.
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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax abenitez@law.gwu.edu
THE WORLD IS YOURS…”
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Congrats to all involved! It also illustrates one of the points that I repeatedly make. With good representation, adequate time to prepare, a good judge who knows asylum law and takes individuals’ rights seriously, and a conscientious Assistant Chief Counsel representing the DHS, many of the Central American asylum claims are very “winnable” under the law. That’s why detaining individuals in poor conditions in locations where competent pro bono counsel is not readily available and cases are being “raced through” to minimize detention expenses and maximize removal statistics is so unfair and such an obvious violation of due process.
Also, this is the Judge Quynh Vu Bain that I remember as a former colleague at the Arlington Immigration Court: fair, scholarly, hard-working, kind, and Due Process oriented. My Georgetown Law student observers remarked on how welcoming she was and how she went out of-her way to make sure that everyone in the courtroom understood what was happening and why.
Despite Sessions’s disdain for individual rights of migrants (particularly vulnerable asylum seekers) and Due Process, and his fanatic emphasis on using the U.S. Immigration Courts as mere tools of DHS enforcement, there are many U.S. immigration Judges out there working conscientiously every day to provide fairness and Due Process to vulnerable migrants while laboring under some of the highest stress levels and worst working conditions faced by any judges in America!
America needs an independent Article I United States Immigration Court dedicated to guaranteeing “fairness and due process for all” now!
“Gang of Six senators furiously trying to nail down support for immigration bill
By: Tal Kopan, CNN
As votes for government funding look perilous in Congress, bipartisan senators behind an immigration deal are furiously working behind the scenes to build support for their bill, hoping it could be in play to avert a shutdown.
The group, an offshoot of the so-called Gang of Six, is “practically sprinting” to get the bill officially introduced, one congressional aide said, and are working to add as many Republican supporters as possible. When the bill was unveiled on Wednesday night, it had picked up four Republicans in addition to the three that worked to develop it.
If all 49 Democrats support the bill, only four more Republicans would be needed to clear the 60 votes required to advance legislation in the Senate.
Even though the bill has already been rejected by the President and Republican leadership, the calculus is that with a standoff on government funding, Republicans will be pressed on why they walked away from a bipartisan deal with votes to pass it when the shutdown blame game begins.
Illinois Democrat Sen. Dick Durbin, one of the lead authors of the bill, met on Thursday morning with the House Problem Solvers Caucus, a bipartisan group of lawmakers who have sought a centrist deal on DACA as well, his office said. Building House support could answer White House chief of staff John Kelly’s criticism that the bill didn’t have support from both sides of Capitol Hill when it was brought to the President last week.
Democrats’ negotiating position got stronger on Thursday when Republican South Dakota Sen. Mike Rounds, who has backed the bipartisan immigration bill, announced he would not vote for a weeks-long short-term funding extension, saying good governance requires a long-term solution instead of short-term fixes.
Rounds joined the bill’s other lead author, South Carolina Republican Sen. Lindsey Graham, in his opposition. With other Republican fiscal hawks traditionally opposed to short-term continuing resolutions, the pressure is lifted off vulnerable Democratic senators up for re-election to vote for a funding deal that even a handful of Republicans aren’t supporting.
The bill would offer a pathway to citizenship for eligible young undocumented immigrants who came to the US as children, allocate nearly $3 billion to a border wall and technology, limit sponsorship of family members by recipients of the program and reallocate diversity lottery visas to other immigration programs.
Advocates are optimistic that the tide has turned in Democrats’ favor in recent days. They argue that the President’s rejection of the bipartisan bill — just days after he was televised telling lawmakers to bring him a deal and he would sign it — combined with the news of Trump referring to certain countries in a disparaging way has only empowered Democrats to stand up.
“In the last 24 hours we’ve sensed a real shift from Republicans not believing Democrats are going to be resolute, to, ‘Oh my god, Democrats are resolute and Republicans are joining in and we won’t be able to pass the CR without negotiation,'” said Frank Sharry, a longtime immigration advocate with America’s Voice Education Fund.”
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I encourage everyone to go on over to CNN and check out Tal’s many other reports on the DACA process. Tal is so prolific, I just can’t keep up with her, sometimes! But, that doesn’t mean that you shouldn’t!
Notwithstanding Nolan’s skepticism about the “Gang of Six” effort, these Senators still think they can get something done and sell it to enough of their colleagues to make a difference! Time will tell! Stay tuned!
Yet no matter how Flake describes the proposal, it is not a good faith attempt to find common ground with either the majority of congressional Republicans or the president.
Five of the six senators in the Gang of Six were also in 2013’s the Gang of Eight, which showed the same disregard for majority Republican positions when they moved the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, S. 744, through the Senate.
S. 744 was bipartisan too, but it was opposed by 70 percent of the Senate Republicans. Among other things, it would have established a large legalization program without assurance that the aliens being legalized would not be replaced in 10 years by a new group of undocumented aliens.
This has been the sine qua non for Republican cooperation with a legalization program since the failed implementation of the enforcement provisions in the Immigration Reform and Control Act of 1986, (IRCA), which legalized 2.7 million aliens.
One of IRCA’s major objectives was to wipe the slate clean and start over with an effective enforcement program. But IRCA’s enforcement measures were not implemented, and by October 1996, the undocumented alien population had almost doubled.
. . . .
Trump wants a physical wall. Virtual walls rely primarily on surveillance technology, which just notifies the border patrol when aliens are making an illegal crossing. They will be in the United States before they can be apprehended, and Trump’s enforcement program suffers already from an immigration court backlog crisis.
A physical wall makes illegal crossings more difficult. While some grown men can climb over a large wall, children can’t, and the dangers involved in climbing over such a wall should deter parents from bringing their children here illegally.
If the Democrats really want to help the DACA participants, they will let Trump have his wall.”
There apparently are enough Democratic and GOP votes to pass the “Gang of Six” compromise. Why be held hostage by GOP legislators who, while perhaps they are a majority of the GOP, are a minority of the total legislature and actually represent a minority position among Americans? Some days Trump says he’ll sign anything Congress passes; other days he doesn’t. So, give him the bill and see what happens. Seems unlikely that he will veto his own budget.
On the other hand, at this point, I’d be willing to give Trump his Wall (but not an end to “chain migration” or permanent cuts in permanent immigration) if that’s what it takes to save the Dreamers. Unlike Nolan, however, my experience tells me that “The Wall” will ultimately be an expensive failure. Whatever the technical difficulties with past “Virtual Walls” might have been, I have to believe that technology, which tends to improve over time, not physical barriers are the wave of the future.
And the real solution to individuals coming here without documents is a more robust and realistic legal immigration program that meets market demands for additional labor and also satisfies our humanitarian obligations.
Most of the current adult so-called “undocumented” residents of the U.S. are gainfully employed in ways that actually help and support the U.S. They are a huge net “plus.” So, why would we want to go to great lengths in a futile attempt to keep folks like them from coming in to help us in the future? Doesn’t make any sense! That’s why we’re in the current situation — unrealistic laws.
The real solution is more legal immigration which would insure that those coming get properly screened and don’t have to use the services of smugglers. Then, immigration enforcement could concentrate on those seeking to come outside the system.
Leaving aside refugees, why would folks come if the job market actually gets to the point where it is saturated and can no longer expand? For the most part, they wouldn’t. But, of course, that wouldn’t satisfy the GOP White Nationalist restrictionists who are operating from a racial rather than a realistic perspective.
I knew that Homeland Security Secretary Kirstjen Nielsen, when she appeared before the Senate Judiciary Committee on Tuesday, would deny that Trump said what the whole world knows he said: that he wants immigrants from Norway rather than from “shithole” countries in Africa.
What I was not expecting was that Nielsen would raise a question about whether Norwegians are mostly white.
Sen. Patrick J. Leahy (D-Vt.) displayed a poster from the dais proclaiming, in big letters, “Trump: Why allow immigrants from ‘Shithole Countries’?” An aide held the poster aloft right behind Sen. Richard J. Durbin (D-Ill.), who, along with Sen. Lindsey O. Graham (R-S.C.), was at the infamous meeting with Trump and told others about his racist language.
Nielsen, who was also in that meeting, was now under oath, and she wiggled every which way to excuse Trump without perjuring herself: “I did not hear that word used. . . . I don’t dispute that the president was using tough language.”
Leahy moved on to Trump’s wish for more Norwegian immigrants. “Norway is a predominantly white country, isn’t it?” he asked, rhetorically.
“I actually do not know that, sir,” Nielsen replied. “But I imagine that is the case.”
Kirstjen Nielsen doesn’t know Norwegians are white?
Just as Nielsen “imagines” Norwegians are white, I imagine that she, in her denial of the obvious and defense of the indefensible, is the latest Trump sycophant to trash her reputation. She joins the two Republican senators, David Perdue (Ga.) and Tom Cotton (Ark.), who were in the room for the “shithole” moment but not only denied that it was said (Trump’s use of the vulgar word was widely confirmed, even by Fox News, and not denied by the White House until Trump tweeted a partial denial the next day) but also disparaged the integrity of Durbin for being truthful.
It’s clear they, like Nielsen, do this so they don’t get crosswise with the volatile president — but in the process shred their own integrity.
Now the federal government is hurtling toward a shutdown, entirely because of the president’s whim. Democrats and Republicans presented him last week with exactly the bipartisan deal he said he would sign — protecting the immigrant “dreamers” while also providing funding for his border security “wall” — but Trump unexpectedly exploded with his racist attack and vulgar word.”
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Read the rest of Milbank’s op-ed at the above link.
Obviously, Neilsen got the job of DHS Secretary because she was perceived by the Trumpsters to be a lightweight sycophant who wouldn’t “rock the boat.” After all, a truly independent individual at the head of DHS might stand up to the wasteful and immoral “Gonzo” enforcement program being pursued by Trump, Miller, Sessions, Kelly, Homan, and the rest of the Administration’s “White Nationalist Cabal.”
How dumb and complicit is Nielsen? Well, she’s been “reassuring” the “Dreamer community” that even if the budget deal falls through they won’t be an “enforcement priority!” She ignores, of course, the fact that without DACA or legislation, the Dreamers will lose their hard-earned legal work authorizations and, in many cases, their ability to pursue higher education.
In plain terms, they will be “forced underground” where they will be subject to employer abuse, won’t be able to pay taxes, won’t be able to realize their full potential, and, naturally, will be unable to report or act as witnesses to crimes because of fear of removal. Plus, Jeff “Gonzo Apocalypto” Sessions and Tom Homan have assured Dreamers that if they happen to get caught up in any of ICE’s “dragnet” operations, their “nonpriority” status won’t save them from deportation. Also, once “underground” and no longer required to apply to the DHS for renewals, those few “Dreamers” who do go “off the tracks” will not have their records periodically reviewed by the Government. We won’t even have a real idea of how many actually are in the U.S. any more. So, how is this sane government?
The Obama Administration correctly determined that removal of the Dreamers was not an enforcement priority and not in the national interest. In other words, they that they should receive “prosecutorial discretion,” or “PD” pending an appropriate legislative resolution which was not immediately available.
Rather than leaving it to a myriad of local enforcement officials to arbitrarily exercise PD, the Obama Administration established a program where Dreamers were carefully reviewed by professional DHS adjudicators who consistently applied written, transparent criteria. If qualified, Dreamers were given legal authorization to work and documentation that, for the most part, allowed them to pursue higher education, get drivers licenses, etc. What a reasonable and rational way to exercise “prosecutorial discretion” or “PD.” Indeed, a model program.
A real DHS secretary might have stood up to bullies Trump, Kelly, Miller, and Sessions by arguing that the DACA program should be reinstated. The opportunity certainly presented itself. The Administration could simply drop its opposition to the order of the U.S. District Judge Alsup blocking the rescission of DACA. That also would offer the Administration “legal cover” if any of the restrictionist GOP state AGs challenge DACA. They would have to deal with a highly skeptical Judge Alsup.
A real DHS Secretary might also not have had “bogus amnesia” and have reported accurately under oath what the President really said. A real DHS Secretary might also have “Just Said No” to the cruel and irrational termination of Salvadoran TPS. Yeah, the President could fire her for either of those things. But, no Cabinet Secretary job is forever anyway. If you’re going to go down, having it be for courageously telling truth to power, when power is being abused, isn’t the worst way to go out.
Instead, Neilsen will go down as just another bureaucratic sycophant who “went along to get along” no matter what the cost to her country and to her own integrity.
“All he had were his words and the power of truth,” Sessions said. “ . . . His message, his life and his death changed hearts and minds. Those changed souls then changed the laws of this land.”
But civil rights leaders criticized Sessions’s remarks, made at a time, they said, when the Justice Department is rolling back efforts to promote civil and voting rights.
Attorney General Jeff Sessions called Tuesday for Justice Department employees to “remember, celebrate and act” in commemoration of Martin Luther King Jr. (Mandel Ngan/AFP/Getty Images)
“It is beyond ironic for Jeff Sessions to celebrate the architecture of civil rights protections inspired by Dr. King and other leaders as he works to tear down these very protections,” said Vanita Gupta, the head of the Justice Department’s civil rights division under President Barack Obama and now president of the Leadership Conference on Civil and Human Rights.
“Make no mistake,” Gupta said. “If Dr. King were alive today, he would be protesting outside of Jeff Sessions’s office.”
Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, said that in the past year, the Justice Department under Sessions has taken action to “obstruct and reverse civil rights enforcement.”
She and others point to a new policy that calls for federal prosecutors to pursue the most serious charges even if that might mean minority defendants face stiff, mandatory-minimum penalties. Sessions has defended President Trump’s travel ban and threatened to take away funding from cities with policies he considers too lenient toward undocumented immigrants. The department’s new guidance and stances on voting rights and LGBT issues also might disenfranchise minorities and poor people, civil rights advocates say.
Justice officials say that Sessions’s actions reflect an aggressive, by-the-book interpretation of federal law and that his policies are geared toward fighting violent crime and drug trafficking.”
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Read the complete article at the above link.
Absurd and insulting! Actions speak louder than words, Gonzo! Every day that you spend in office mocks our Constitution, the rule of law, human decency, and the legacy of MLK and others who fought for racial and social equality and social justice under the law.
I have no doubt that if Dr. King were alive today, he and his followers would be on your and Trump’s “hit list.” Indeed, peacefully but forcefully standing up to and shaming tone-deaf, White Nationalist, racially challenged politicos like you, who lived in the past and inhibited America’s future with their racism, was one of the defining marks of MLK’s life!
How do things like increasing civil immigration detention, building the “New American Gulag,” stripping unaccompanied children of their rights to an Immigration Court hearing, mindlessly attacking so-called “sanctuary cities,” mocking hard-working pro bono immigration attorneys and their efforts, reducing the number of refugees, excluding Muslims, building a wall, stripping protections from Dreamers, reducing legal immigration, favoring White immigrants, and spreading false narratives about Latino migrants and crime “honor” the legacy of Dr. King?
Indeed, the “Sanctuary Cities Movement” appears to have a direct historical connection to King’s non-violent civil disobedience aimed at the enforcement of “Jim Crow” laws. Much as today, those on the “wrong side of history” wrapped themselves in hypocritical bogus “rule of law” arguments as they mocked and violated the civil rights of African Americans.
At some point, America needs and deserves a real Attorney General, one who recognizes and fights for the rights of everyone in America, including minorities, the poor, the most vulnerable, and the so-called undocumented population, who, contrary to your actions and rhetoric, are entitled to full Due Process of law under our Constitution. Imagine how a real Attorney General, one like say Vanita Gupta, might act.Now that would truly honor Dr. King’s memory.
“The Justice Department on Tuesday said it would take the “rare step” of asking the Supreme Court to overturn a judge’s ruling and clear the way for the Trump administration to dismantle a program that provides work permits to undocumented immigrants who have lived in the United States since childhood.
The Trump administration said it has appealed the judge’s injunction — which said the Obama-era program must continue while a legal challenge to ending it is pending — to the U.S. Court of Appeals for the Ninth Circuit.
But the Justice Department will also petition the Supreme Court later this week to intervene in the case, an unusual action that would allow the government to bypass the 9th Circuit altogether in its bid to phase out the Deferred Action for Childhood Arrivals program in March.
“It defies both law and common sense” that a “single district court in San Francisco” had halted the administration’s plans, Attorney General Jeff Sessions said in a statement. “We are now taking the rare step of requesting direct review on the merits of this injunction by the Supreme Court so that this issue may be resolved quickly and fairly for all the parties involved.”
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Read the complete article at the link.
The Supremes seem to have “enabled” the Trump Administration by giving them a highly questionable “early victory” in dissolving the lower court injunction in the “Travel Ban 3.0 Case” without making the Administration go through the normal appellate process. Obviously, Trump & Sessions have taken that as an open invitation to short-circuit the justice system by appealing to the Supremes at will.
Hard to see what the real rush is here, given that the Dreamers have been here for years, aren’t going anywhere, and the Administration won’t even begin the real phase-out of the program until March.
“In a White House meeting with members of Congress this week, President Trump is said to have suggested that the United States accepts too many immigrants from “shithole countries” in Africa and too few from countries like Norway.
Those comments, relayed to NPR by people in attendance at the meeting, set off an immediate firestorm, in part because Trump appeared to be favoring the revival of a discriminatory immigration policy abolished by the U.S. Congress more than 50 years ago.
From 1924 to 1965, the United States allocated immigrant visas on the basis of a candidate’s national origin. People coming from Northern and Western European countries were heavily favored over those from countries like those Trump now derides. More than 50,000 immigrant visas were reserved for Germany each year. The United Kingdom had the next biggest share, with about 34,000.
Ireland, with 28,000 slots, and Norway, with 6,400, had the highest quotas as a share of their population. Each country in Asia, meanwhile, had a quota of just 100, while Africans wishing to move to America had to compete for one of just 1,200 visas set aside for the entire continent.
The blatantly discriminatory quota policy was enacted on the basis of recommendations from a congressional commission set up in 1907 to determine who precisely was coming to the United States, which countries they were coming from and what capacities they were bringing with them. Under the leadership of Republican Sen. William Dillingham of Vermont, the commission prepared a report consisting of more than 40 volumes distinguishing desirable ethnicities from those the commission considered less desirable.
“Dictionary of Races or Peoples”
In a “Dictionary of Races or Peoples,” the commission reported that Slavic people demonstrated “fanaticism in religion, carelessness as to the business virtues of punctuality and often honesty.” Southern Italians were found to be “excitable, impulsive, highly imaginative” but also “impracticable.” Foreshadowing Trump’s own assessment, the commission concluded that Scandinavians represented “the purest type.”
The main sponsor of the 1924 law enacting the national origins quotas was Rep. Albert Johnson, R-Wash., chairman of the House Committee on Immigration. Among Johnson’s immigration advisers were John Trevor, the founder of the far-right American Coalition of Patriotic Societies, and Madison Grant, an amateur eugenicist whose writings gave racism a veneer of intellectual legitimacy. In his 1916 book The Passing of the Great Race, Grant separated the human species into Caucasoids, Mongoloids and Negroids, and argued that Caucasoids and Negroids needed to be separated.
President Harry S. Truman fought against a national origin quota system, saying it “discriminates, deliberately and intentionally, against many peoples of the world.”
Time Life Pictures/The LIFE Picture Collection/Getty Images
The national origin quota system remained in effect for more than 40 years, despite increasing opposition from moderates and liberals. Minor adjustments were made under the 1952 McCarran-Walter Act, which passed over the vigorous objections of President Harry S. Truman.
In a fiery veto message, Truman argued that the national origin quota policy “discriminates, deliberately and intentionally, against many peoples of the world.” After Congress dismissed his criticism and overrode his veto, Truman ordered the establishment of a presidential Commission on Immigration and Naturalization.
In its report, the commission concluded that U.S. immigration policy marginalized “the non-white people of the world who constitute between two-thirds and three-fourths of the world’s population.” The report was titled Whom We Shall Welcome, referring to a speech President George Washington delivered to a group of Irish immigrants in 1783.
“The bosom of America is open to receive not only the Opulent and respectable Stranger,” Washington famously said in that speech, “but the oppressed and persecuted of all Nations and Religions, whom we shall welcome to a participation of all our rights and privileges, if by decency and propriety of conduct they appear to merit the enjoyment.”
That promise was broken by the enslavement of Africans brought to America in chains, but it set forth the ideal by which U.S. immigration policy was to be judged in the 1950s.
. . . .
Support for Johnson’s immigration reform, however, gained momentum after the passage of the Civil Rights Act of 1964. Vice President Hubert Humphrey, who had pushed for the abolition of national-origin quotas during the 1950s as a U.S. senator, tied the promotion of immigration reform to the civil rights movement, then at its peak.
“We have removed all elements of second-class citizenship from our laws by the Civil Rights Act,” he said. “We must in 1965 remove all elements in our immigration law which suggest there are second-class people.”
Phenomenon of “chain migration”
With a huge Democratic majority elected the year before, the immigration reform finally passed both houses of Congress in September 1965. Conservatives, led by Ohio’s Feighan, however, had insisted on a key change in the legislation, giving immigrant candidates with relatives already in the United States priority over those with “advantageous” skills and education, as the Johnson administration had originally proposed.
That change, which eventually led to the phenomenon of “chain migration” denounced by Trump, was seen as a way to preserve the existing ethnic profile of the U.S. population and discourage the immigration of Asians and Africans who had fewer family ties in the country.
The key reform, however, was achieved. The new law did away with immigration quotas based on national origin.
“This system violated the basic principle of American democracy, the principle that values and rewards each man on the basis of his merit as a man,” Johnson declared as he signed the Immigration and Nationality Act of 1965 in the shadow of the Statue of Liberty. “It has been un-American in the highest sense. Today, with my signature, this system is abolished.”
For some, the 50th anniversary of the signing of the 1965 legislation, in October 2015, was an occasion for celebration. Muzaffar Chishti, an immigrant from India and a senior lawyer at the Migration Policy Institute, observed at the time that the law sent a message to the rest of the world that “America is not just a place for certain privileged nationalities. We are truly the first universal nation.”
“That may have been the promise of the Founding Fathers, but it took a long time to realize it.”
In the years since 1965, America has become a truly multicultural nation. But with a U.S. president once again saying that immigrants from some countries are superior to immigrants from other countries, the question is whether America will keep its founders’ promise in the years ahead.
Tom Gjelten’s book on how the 1965 Immigration and Nationality Act changed the United States is A Nation of Nations: A Great American Immigration Story.”
Those of us who are committed to a diverse, vibrant America and the promise for the future that robust legal immigration brings should resist and speak out forcibly against the Trump GOP’s toxic plan to restore racism to U.S. immigration policy. We should also “out” horrid GOP politicians like Cotton, Perdue, and Goodlatte who use euphemisms and bogus restrictionist stats to stoke fear and promote a blatantly racist immigration agenda. They even lied about what “really happened” in the “Oval Office meeting” to promote their vile anti-immigrant views. Don’t let them get away with it!
Folks, as we take a few minutes today to remember Dr. King, his vision for a better America, and his inspiring “I Have A Dream Speech,” we have to face the fact that everything Dr. King stood for is under a vicious and concerted attack, the likes of which we haven’t seen in America for approximately 50 years, by individuals elected to govern by a minority of voters in our country.
So, today, I’m offering you a “potpourri” of how and why Dr.King’s Dream has “gone south,” so to speak, and how those of us who care about social justice and due process in America can nevertheless resurrect it and move forward together for a greater and more tolerant American that celebrates the talents, contributions, and humanity of all who live here!.
On Martin Luther King’s birthday, a look back at some disquieting events in race relations in 2017.
Nearly 50 years ago, the Rev. Martin Luther King Jr. went to the mountaintop and looked out over the promised land. In a powerful and prophetic speech on April 3, 1968, he told a crowd at the Mason Temple in Memphis that while there would certainly be difficult days ahead, he had no doubt that the struggle for racial justice would be successful.
“I may not get there with you,” he said. “But I want you to know tonight, that we, as a people, will get to the promised land. And so I am happy tonight. I’m not worried about anything.”
The following day, he was assassinated.
The intervening years have been full of steps forward and steps backward, of extraordinary changes as well as awful reminders of what has not changed. What would King have made of our first black president? What would he have thought had he seen neo-Nazis marching through the streets of Charlottesville, Va., so many years after his death? How would he have viewed the shooting by police of unarmed black men in cities around the country — or the rise of the Black Lives Matter movement? He would surely have heard the assertions that we have become a “post-racial” society because we elected (and reelected) Barack Obama. But would he have believed it?
This past year was not terribly heartening on the civil rights front. It was appalling enough that racist white nationalists marched in Charlottesville in August. But it was even more shocking that President Trump seemed incapable of making the most basic moral judgment about that march; instead, he said that there were some “very fine people” at the rally of neo-Nazis and white supremacists.
Racial injustices that bedeviled the country in King’s day — voter suppression, segregated schools, hate crimes — have not gone away. A report released last week by the U.S. Commission on Civil Rights on inequities in the funding of public schools concludes — and this should surprise no one — that students of color living in poor, segregated neighborhoods are often relegated to low-quality schools simply due to where they live. States continued in 2017 to pass laws that make it harder, rather than easier, for people of color to vote.
The Trump administration also seems determined to undo two decades of Justice Department civil rights work, cutting back on investigations into the excessive use of force and racial bias by police departments. Atty. Gen. Jeff Sessions in March ordered a review of all existing federal consent decrees with local police departments with the possibility of dismantling them — a move that could set back police reform by many years.
Here in Los Angeles County, this statistic is telling: 40% of the estimated 57,000 homeless people — the most desperate and destitute residents of the county — are black. Yet black residents make up only 9% of the L.A. County population.
But despite bad news on several fronts, what have been heartening over the last year are the objections raised by so many people across the country.
Consider the statues of Confederate generals and slave owners that were brought down across the country. Schools and other institutions rebranded buildings that were formerly named after racists.
The Black Lives Matter movement has grown from a small street and cyber-protest group into a more potent civil rights organization focusing on changing institutions that have traditionally marginalized black people.
When football quarterback Colin Kaepernick took a knee during the national anthem to protest, as he said, a country that oppresses black people, he was denounced by many (including Trump) but emulated by others. Kaepernick has been effectively banished from professional football but he started a movement.
Roy Moore was defeated for a Senate seat in Alabama by a surge of black voters, particularly black women. (But no sooner did he lose than Joe Arpaio — the disgraced, vehemently anti-immigrant former Arizona sheriff — announced that he is running for Senate there.)
So on what would have been King’s 89th birthday, it is clear that the United States is not yet the promised land he envisioned in the last great speech of his life. But we agree with him that it’s still possible to get there.”
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See this short HuffPost video on “Why MLK’s Message Still Matters Today!”
Read about how the Arizona GOP has resurrected, and in some instances actually welcomed, “Racist Joe” Arpaio, an unapologetic anti-Hispanic bigot and convicted scofflaw. “Racist Joe” was pardoned by Trump and is now running for the GOP nomination to replace retiring Arizona GOP Senator Jeff Flake, who often has been a critic of Trump. One thing “Racist Joe’s” candidacy is doing is energizing the Latino community that successfully fought to remove him from the office of Sheriff and to have him brought to justice for his racist policies.
Spared from the threat of deportation by the Obama-era Deferred Action for Childhood Arrivals program, she campaigned to oust Joe Arpaio when he unsuccessfully ran for reelection as Maricopa County sheriff in 2016. She knocked on hundreds of doors in south Phoenix’s predominantly Latino neighborhoods to register voters. She made phone calls, walked on college campuses. Her message was direct, like the name of the group she worked with, Bazta Arpaio, a take on the Spanish word basta — enough Arpaio.
But now, the 85-year-old former sheriff is back and running for Senate. Sanchez, who had planned to step away from politics to focus on her studies at Grand Canyon University, is back as well, organizing once more.
“If he thinks he can come back and terrorize the entire state like he did Maricopa County, it’s not going to happen,” Sanchez, 20, said. “I’m not going to let it happen.”
Arpaio enters a crowded Republican primary and may not emerge as the party’s nominee, but his bid has already galvanized Arizona’s Latino electorate — one of the country’s largest and fastest-growing voter blocs.
Organizers like Sanchez, who thought they might sit out the midterm elections, rushed back into offices and started making calls. Social media groups that had gone dormant have resurrected with posts reminding voters that Arpaio was criminally convicted of violating a federal court order to stop racially profiling Latinos.
“We’ve been hearing, ‘Is it true Arpaio is back? OK, what can we do to help?’” said Montserrat Arredondo, director of One Arizona, a Phoenix nonprofit group focused on increasing Latino voter turnout. “People were living in terror when Arpaio was in office. They haven’t forgotten.”
In 2008, 796,000 Latinos were eligible to vote in the state, according to One Arizona. By 2016, that potential voting pool jumped to 1.1 million. (California tops the nation with the most Latinos eligible to vote, almost 6.9 million.)
In 2016, Latinos accounted for almost 20% of all registered voters in Arizona. Latinos make up about 30% of Arizona’s population.
. . . .
Last year, President Trump pardoned Arpaio of a criminal conviction for violating a federal court order to stop racially profiling Latinos. When announcing his candidacy Tuesday, Arpaio pledged his full support to the president and his policies.
On Saturday, Arpaio made his first public appearance since announcing his candidacy, attending a gathering of Maricopa County Republicans. He was unmoved when asked about the enthusiasm his candidacy has created among Latinos.
“Many of them hate me for enforcing the law,” he said. “I can’t change that. … All I know is that I have my supporters, they’re going to support who they want. I’m in this to win it though.”
Arpaio, gripping about a dozen red cardboard signs that read “We need Sheriff Joe Arpaio in DC,” walked through the crowd where he mingled with, among others, former state Sen. Kelli Ward and U.S. Rep. Martha McSally, who also are seeking the GOP Senate nomination. Overall, Arpaio was widely met with enthusiasm from attendees.
“So glad you’re back,” said a man wearing a “Vietnam Veteran” hat.
“It’s great to be back,” Arpaio replied.
Arpaio, who handed out business cards touting his once self-proclaimed status as “America’s toughest sheriff,” said he had no regrets from his more than two decades in office.
“Not a single one,” he said. “I spoke my mind and did what needed to be done and would do it the same in a minute.”
In an interview, Arpaio, who still insists he has “evidence” that former President Obama’s birth certificate is forged, a rumor repeatedly shown to be false, did not lay out specific policy platforms, only insisting he’ll get things done in Washington.
During his tenure as sheriff, repeated court rulings against his office for civil rights violations cost local taxpayers tens of millions of dollars.”
Read the complete story at the link.
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Professor George Yancy of Emory University writing in the NY Times asks “Will America Choose King’s Dream Or Trump’s Nightmare?”
“Let’s come clean: President Trump is a white racist! Over the past few days, many have written, spoken and shouted this fact, but it needs repeating: President Trump is a white racist! Why repeat it? Because many have been under the grand illusion that America is a “post-racial” nation, a beautiful melting pot where racism is only sporadic, infrequent and expressed by those on the margins of an otherwise mainstream and “decent” America. That’s a lie; a blatant one at that. We must face a very horrible truth. And America is so cowardly when it comes to facing awful truths about itself.
So, as we celebrate the Rev. Dr. Martin Luther King Jr.’s birthday, we must face the fact that we are at a moral crossroad. Will America courageously live out Dr. King’s dream or will it go down the road of bigotry and racist vitriol, preferring to live out Mr. Trump’s nightmare instead? In his autobiography, reflecting on the nonviolent uprising of the people of India, Dr. King wrote, “The way of acquiesce leads to moral and spiritual suicide.” Those of us who defiantly desire to live, and to live out Dr. King’s dream, to make it a reality, must not acquiesce now, precisely when his direst prophetic warning faces us head on.
On the night before he was murdered by a white man on the balcony of his room at the Lorraine Motel in Memphis, Tenn., Dr. King wrote: “America is going to hell if we don’t use her vast resources to end poverty and make it possible for all of God’s children to have the basic necessities of life.” Our current president, full of hatred and contempt for those children, is the terrifying embodiment of this prophecy.
We desperately need each other at this moment of moral crisis and malicious racist divisiveness. Will we raise our collective voices against Mr. Trump’s white racism and those who make excuses for it or submit and thereby self-destructively kill any chance of fully becoming our better selves? Dr. King also warned us that “there comes a time when silence is betrayal.” To honor Dr. King, we must not remain silent, we must not betray his legacy.
So many Americans suffer from the obsessive need to claim “innocence,” that is, to lie to ourselves. Yet such a lie is part of our moral undoing. While many will deny, continue to lie and claim our national “innocence,” I come bearing deeply troubling, but not surprising, news: White racism is now comfortably located within the Oval Office, right there at 1600 Pennsylvania Avenue, embodied in our 45th president, one who is, and I think many would agree, must agree, without any hesitation, a white racist. There are many who will resist this characterization, but Mr. Trump has desecrated the symbolic aspirations of America, exhumed forms of white supremacist discourse that so many would assume is spewed only by Ku Klux Klan.”
Read the rest of Professor Yancy’s op-ed at the link.
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From lead columnist David Leonhardt and Ian Prasad Philbrick at the NY Times we get “Donald Trump’s Racism: The Definitive List.”
Donald Trump has been obsessed with race for the entire time he has been a public figure. He had a history of making racist comments as a New York real-estate developer in the 1970s and ‘80s. More recently, his political rise was built on promulgating the lie that the nation’s first black president was born in Kenya. He then launched his campaign with a speech describing Mexicans as rapists.
The media often falls back on euphemisms when describing Trump’s comments about race: racially loaded, racially charged, racially tinged, racially sensitive. And Trump himself has claimed that he is “the least racist person.” But here’s the truth: Donald Trump is a racist. He talks about and treats people differently based on their race. He has done so for years, and he is still doing so.
Here, we have attempted to compile a definitive list of his racist comments – or at least the publicly known ones.
The New York Years
Trump’s real-estate company tried to avoid renting apartments to African-Americans in the 1970s and gave preferential treatment to whites, according to the federal government.
Trump treated black employees at his casinos differently from whites, according to multiple sources. A former hotel executive said Trump criticized a black accountant: “Black guys counting my money! I hate it. … I think that the guy is lazy. And it’s probably not his fault, because laziness is a trait in blacks.”
In 1989, Trump took out ads in New York newspapers urging the death penalty for five black and Latino teenagers accused of raping a white woman in Central Park; he argued they were guilty as late as October 2016, more than 10 years after DNA evidence had exonerated them.
In 1989, on NBC, Trump said: “I think sometimes a black may think they don’t have an advantage or this and that. I’ve said on one occasion, even about myself, if I were starting off today, I would love to be a well-educated black, because I really believe they do have an actual advantage.”
He uses the gang MS-13 to disparage all immigrants. Among many other statements, he has suggested that Obama’s protection of the Dreamers — otherwise law-abiding immigrants who were brought to the United States illegally as children — contributed to the spread of MS-13.
In December 2015, Trump called for a “a total and complete shutdown of Muslims entering the United States,” including refusing to readmit Muslim-American citizens who were outside of the country at the time.
In June 2017, Trump said 15,000 recent immigrants from Haiti “all have AIDS” and that 40,000 Nigerians, once seeing the United States, would never “go back to their huts” in Africa.
At the White House on Jan. 11, Trump vulgarly called forless immigration from Haiti and Africa and more from Norway.”
The disgusting list goes on and on. Go to the link to get it all!
“I find nothing more useless than debating the existence of racism, particularly when you are surrounded by evidence of its existence. It feels to me like a way to keep you fighting against the water until you drown.
The debates themselves, I believe, render a simple concept impossibly complex, making the very meaning of “racism” frustratingly murky.
So, let’s strip that away here. Let’s be honest and forthright.
Racism is simply the belief that race is an inherent and determining factor in a person’s or a people’s character and capabilities, rendering some inferior and others superior. These beliefs are racial prejudices.
The history of America is one in which white people used racism and white supremacy to develop a racial caste system that advantaged them and disadvantaged others.
Understanding this, it is not a stretch to understand that Donald Trump’s words and deeds over the course of his life have demonstrated a pattern of expressing racial prejudices that demean people who are black and brown and that play to the racial hostilities of other white people.
It is not a stretch to say that Trump is racist. It’s not a stretch to say that he is a white supremacist. It’s not a stretch to say that Trump is a bigot.
Those are just facts, supported by the proof of the words that keep coming directly from him. And, when he is called out for his racism, his response is never to ameliorate his rhetoric, but to double down on it.
I know of no point during his entire life where he has apologized for, repented of, or sought absolution for any of his racist actions or comments.
Instead, he either denies, deflects or amps up the attack.
Trump is a racist. We can put that baby to bed.
“Racism” and “racist” are simply words that have definitions, and Trump comfortably and unambiguously meets those definitions.
We have unfortunately moved away from the simple definition of racism, to the point where the only people to whom the appellation can be safely applied are the vocal, violent racial archetypes.
Racism doesn’t require hatred, constant expression, or even conscious awareness. We want racism to be fringe rather than foundational. But, wishing isn’t an effective method of eradication.
We have to face this thing, stare it down and fight it back.
The simple acknowledgment that Trump is a racist is the easy part. The harder, more substantive part is this: What are we going to do about it?
First and foremost, although Trump is not the first president to be a racist, we must make him the last. If by some miracle he should serve out his first term, he mustn’t be allowed a second. Voters of good conscience must swarm the polls in 2020.
But before that, those voters must do so later this year, to rid the House and the Senate of as many of Trump’s defenders, apologists and accomplices as possible. Should the time come where impeachment is inevitable, there must be enough votes in the House and Senate to ensure it.
We have to stop thinking that we can somehow separate what racists believe from how they will behave. We must stop believing that any of Trump’s actions are clear of the venom coursing through his convictions. Everything he does is an articulation of who he is and what he believes. Therefore, all policies he supports, positions he takes and appointments he makes are suspect.
And finally, we have to stop giving a pass to the people — whether elected official or average voter — who support and defend his racism. If you defend racism you are part of the racism. It doesn’t matter how much you say that you’re an egalitarian, how much you say that you are race blind, how much you say that you are only interested in people’s policies and not their racist polemics.
As the brilliant James Baldwin once put it: “I can’t believe what you say, because I see what you do.” When I see that in poll after poll a portion of Trump’s base continues to support his behavior, including on race, I can only conclude that there is no real daylight between Trump and his base. They are part of his racism.
When I see the extraordinary hypocrisy of elected officials who either remain silent in the wake of Trump’s continued racist outbursts or who obliquely condemn him, only to in short order return to defending and praising him and supporting his agenda, I see that there is no real daylight between Trump and them either. They too are part of his racism.
When you see it this way, you understand the enormity and the profundity of what we are facing. There were enough Americans who were willing to accept Trump’s racism to elect him. There are enough people in Washington willing to accept Trump’s racism to defend him. Not only is Trump racist, the entire architecture of his support is suffused with that racism. Racism is a fundamental component of the Trump presidency.
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Back over at the Washington Post, op-ed writer E.J. Dionne, Jr., tells us the depressing news that “We could be a much better country. Trump makes it impossible.”
Dionne concludes his piece with the following observations about our current “Dreamer” debate:
“Our current debate is frustrating, and not only because Trump doesn’t understand what “mutual toleration” and “forbearance” even mean. By persistently making himself, his personality, his needs, his prejudices and his stability the central topics of our political conversation, Trump is blocking the public conversation we ought to be having about how to move forward.
And while Trump’s enablers in the Republican Party will do all they can to avoid the issue, there should now be no doubt (even if this was clear long ago) that we have a blatant racist as our president. His reference to immigrants from “sh–hole countries” and his expressed preference for Norwegians over Haitians, Salvadorans and new arrivals from Africa make this abundantly clear. Racist leaders do not help us reach mutual toleration. His semi-denial 15 hours after his comment was first reported lacked credibility, especially because he called around first to see how his original words would play with his base.
But notice also what Trump’s outburst did to our capacity to govern ourselves and make progress. Democrats and Republicans sympathetic to the plight of the “dreamers” worked out an immigration compromise designed carefully to give Trump what he had said he needed.
There were many concessions by Democrats on border security, “chain migration” based on family reunification, and the diversity visa lottery that Trump had criticized. GOP senators such as Lindsey O. Graham (S.C.) and Jeff Flake (Ariz.) bargained in good faith and were given ample reason by Trump to think they had hit his sweet spot.
Trump blew them away with a torrent of bigotry. In the process, he shifted the onus for avoiding a government shutdown squarely on his own shoulders and those of Republican leaders who were shamefully slow in condemning the president’s racism.
There are so many issues both more important and more interesting than the psyche of a deeply damaged man. We are capable of being a far better nation. But we need leaders who call us to our obligations to each other as free citizens. Instead, we have a president who knows only how to foster division and hatred.”
Read the rest of the op-ed at the link.
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Our “Liar-in-Chief:” This short video from CNN, featuring the Washington Post’s “Chief Fact Checker” Glenn Kessler deals with the amazing 2000+ false or misleading claims that Trump has made even before the first anniversary of his Presidency: “Trump averages 5-6 false claims a day.”
Also on video, even immigration restrictionists sometimes wax eloquent about the exceptional generosity of U.S. immigration and refugee laws (even as they engage in an unending battle to undermine that claimed generosity). But, the reality, as set forth in this short HuffPost video is that on a regular basis our Government knowingly and intentionally returns individuals, mostly Hispanics, to countries where they are likely to be harmed or killed because we are unable to fit them within often hyper-technical and overly restrictive readings of various protection laws or because we are unwilling to exercise humanitarian discretion to save them..
I know first-hand because in my former position as a U.S. Immigration Judge, I sometimes had to tell individuals (and their families) in person that I had to order them returned to a country where I had concluded that they would likely be severely harmed or killed because I could not fit them into any of the categories of protection available under U.S. law. I daresay that very few of the restrictionists who glory in the idea of even harsher and more restrictive immigration laws have had this experience.
And clearly, Donald Trump, Jeff Sessions, Steven Miller, Bob Goodlatte and others in the GOP would like to increase the number of humans we return to harm or death by stripping defenseless juveniles and other vulnerable asylum seekers of some of the limited rights they now possess in the false name of “border security.” Indeed, Sessions even invented a false narrative of a fraud-ridden, “attorney-gamed” (how do folks who often don’t even have a chance to get an attorney use attorneys to “game” the system?) asylum system in an attempt to justify his totally indefensible and morally bankrupt position.
Check out this video from HuffPost, entitled “This Is The Violent And Tragic Reality Of Deportation” to see the shocking truth about how our removal system really works (or not)!
Thinking of MLK’S “I have a dream,” next, I’ll take you over to The Guardian, where Washington Correspondent Sabrina Siddiqui tells us how “Immigration policy progress and setbacks have become pattern for Dreamers.”
“Greisa Martínez Rosas has seen it before: a rare bipartisan breakthrough on immigration policy, offering a glimmer of hope to advocates like herself. Then a swift unraveling.
Martínez is a Dreamer, one of about 700,000 young undocumented migrants, brought to the US as children, who secured temporary protections through Barack Obama’s Deferred Action for Childhood Arrivals policy, or Daca.
She considers herself “one of the lucky ones”. Last year, she was able to renew her legal status until 2020, even as Donald Trump threw the Dreamers into limbo by rescinding Daca and declaring a deadline of 5 March for Congress to act to replace it.
Martínez is an activist with United We Dream, the largest youth-led immigration advocacy group in the US. She has fought on the front lines.
In 2010 and 2013, she saw efforts for immigration reform, and a pathway to citizenship for Dreamers, culminate in disappointment. She rode a familiar rollercoaster this week, as a bipartisan Daca fix was undermined by Trump’s reported – if contested – reference to African and Central American nations as “shithole countries”.
“It feels like a sequel,” Martínez told the Guardian, adding that Trump’s adversarial views underscored the need to hash out a deal. “This same man is responsible for running a Department of Homeland Security that seeks to hunt and deport people of color.”
Negotiations over immigration have always been precarious. Trump has complicated the picture. After launching his candidacy for president with a speech that called Mexican migrants “rapists” and “killers”, Trump campaigned on deporting nearly 11 million undocumented migrants and building a wall on the Mexico border.
He has, however, shown a more flexible attitude towards Dreamers – despite his move to end their protective status. Last Tuesday, the president sat in the White House, flanked by members of both parties. In a 45-minute negotiating session, televised for full effect, Trump ignited fury among his hardcore supporters by signaling he was open to protection for Dreamers in exchange for modest border security measures.
Then, less than 48 hours later, Trump’s reported comments about countries like Haiti and El Salvador prompted a fierce backlash.
“People are picking their jaws up from the table and they’re trying to recover from feelings of deep hurt and anger,” said Frank Sharry, founder and executive director of America’s Voice, a group which advocates for immigration reform.
“We always knew we were climbing a mountain … but it’s improbable to imagine a positive breakthrough for immigrants with the most nativist president in modern America in charge.”
As the uproar continued, it was nearly forgotten that on Thursday, hours before Trump’s remarks became public, a group of senators announced a bipartisan deal.
Under it, hundreds of thousands of Dreamers would be able to gain provisional legal status and eventually apply for green cards. They would not be able to sponsor their parents for citizenship – an effort to appease Trump’s stance against so-called “chain migration” – but parents would be able to obtain a form of renewable legal status.
There would be other concessions to earn Trump’s signature, such as $2bn for border security including physical barriers, if not by definition a wall.
The compromise would also do away with the diversity visa lottery and reallocate those visas to migrants from underrepresented countries and those who stand to lose Temporary Protected Status. That would help those affected by the Trump administration’s recent decision to terminate such status for some nationals of El Salvador, effectively forcing nearly 200,000 out of the country.
The bill would be far less comprehensive than the one put forward in 2013, when a bipartisan group of senators known as the “Gang of Eight” proposed a bill that would have given nearly 11 million undocumented migrants a path to citizenship.
The bill passed the Senate with rare bipartisan support. In the Republican-led House it never received a vote.
Proponents of reform now believe momentum has shifted in their favor, despite Trump’s ascent. The Arizona senator Jeff Flake, part of the 2013 effort and also in the reform group today, said there was a clear deadline of 5 March to help Dreamers.
“I do think there is a broader consensus to do this than we had before,” Flake told the Guardian. “We’re going have 700,000 kids subject to deportation. That’s the biggest difference.”
Read the rest of the story at the link.
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Finally, John Blake at CNN tells us “Three ways [you might not know] MLK speaks to our time.”
That’s a famous line from the 19th century philosopher Ralph Waldo Emerson, but it could also apply to a modern American hero: the Rev. Martin Luther King Jr.
As the nation celebrates King’s national holiday Monday, it’s easy to freeze-frame him as the benevolent dreamer carved in stone on the Washington Mall. Yet the platitudes that frame many King holiday events often fail to mention the most radical aspects of his legacy, says Jeanne Theoharis, a political science professor at Brooklyn College and author of several books on the civil rights movement.
“We turn him into a Thanksgiving parade float, he’s jolly, larger than life and he makes us feel good,” Theoharis says. “We’ve turned him into a mascot.”
Many people vaguely know that King opposed the Vietnam War and talked more about poverty in his later years. But King also had a lot to say about issues not normally associated with civil rights that still resonate today, historians and activists say.
If you’re concerned about inequality, health care, climate change or even the nastiness of our political disagreements, then King has plenty to say to you. To see that version of King, though, we have to dust off the cliches and look at him anew.
If you’re more familiar with your smartphone than your history, try this: Think of King not just as a civil rights hero, but also as an app — his legacy has to be updated to remain relevant.
Here are three ways we can update our MLK app to see how he spoke not only to his time, but to our time as well:
. . . .
But here’s one more uncomfortable thought that also explains why King remains so relevant:
The country is still divided by many of the same issues that consumed him.
On the last night of his life, King told a shouting congregation of black churchgoers that “we as a people” would get to “the Promised Land.” That kind of optimism, though, sounds like it belongs to another era.
What we have now is a leader in the White House who denies widespread reports that he complained about Latino and African immigrants coming to America from “shithole” countries; a white supremacist who murders worshippers in church; a social media landscape that pulsates with anger and accusations.
King’s Promised Land doesn’t sound boring when compared to today’s headlines. And maybe that’s what’s so sad about reliving his life every January for some people.
Fifty years after he died, King’s vision for America still sounds so far away.”
Read the complete article at the link.
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There you have it. A brief but representative sample of some of the many ways in which Dr. King’s dream of a “post racist America” is still relevant and why there’s still much more work still to be done than many of us might have thought several years ago.
So, the next time you hear bandied about terms like “merit-based” (means: exclude Brown and Black immigrants); “extreme vetting” (means: using bureaucracy to keep Muslims and other perceived “undesirables” out); “tax cuts” (means: handouts to the rich at the expense of the poor); “entitlement reform” (means: cutting benefits for the most vulnerable); “health care reform” (means: kicking the most needy out of the health care system); “voter fraud” (means: suppressing the Black, Hispanic, and Democratic vote); “rule of law” (means: perverting the role of Government agencies and the courts to harm Blacks, Hispanics, Gays, women, the poor, and other minorities); “job creation” (means: destroying our precious natural resources and the environment for the benefit of big corporations), “border security” (means: slashing rights for children and asylum seekers, and more money for building a wall and expanding prisons for non-criminal migrants, a/k/a/ “The New American Gulag”), “ending chain migration” (means keeping non-White and/or non-Christian immigrants from bringing family members) and other deceptively harmless sounding euphemisms, know what the politicos are really up to and consider them in the terms that Dr. King might have.
What’s really behind the rhetoric and how will it help create the type of more fair, just, equal, and value-driven society that majority of us in American seek to be part of and leave to succeeding generations. If it isn’t moving us as a nation toward those goals, “Just Say NO” as Dr. King would have done!
“As we approach the first anniversary of the Trump presidency, a clear pattern emerges.
A Muslim immigrant and her U.S.-born husband kill civilians. Candidate Donald Trump’s reaction was to propose a ban on all Muslim immigrants.
Some refugees commit crimes. His reaction is to bar all refugees for 120 days and drastically cut refugee admissions after that.
A diversity-visa immigrant commits a terrorist act. President Trump‘s reaction is to call for repealing the diversity immigrant program.
A man is admitted under the sibling preference. His accompanying child attempts a terrorist attack years later. President Trump’s reaction is that all “chain immigration” should be banned.
I wonder what his reaction will be if his “merit-based” program becomes law and a person admitted under that program commits a serious crime, perhaps years later. Would President Trump then call for the repeal of the entire “merit-based” program?
The absurdity of condemning an entire group because of the actions of a single member seems self-evident. If a left-handed immigrant commits a crime, no one would propose banning all left-handed immigrants. The real question is whether there is a causal link between the commission of the crime and either the substantive criteria or the processes of the particular program.
No such link exists. For one thing, everyone who seeks admission to the United States under any of these programs is rigorously vetted. I know this firsthand, from my experience as chief counsel of the federal agency that admits immigrants and refugees.
. . . .
Anti-immigrant groups are fond of pointing out that, if an individual who committed a crime had never been allowed to enter, the crime would not have occurred. And that is true. But that observation could be made about any admission program. No matter how strict the criteria or how rigorous the vetting, there is always some possibility, however remote, that a given individual will one day commit a crime. Short of banning all foreign nationals from ever setting foot on U.S. soil, there is no way to reduce the risk to zero.
As with any other policy decision, the risks have to be balanced against the benefits. And there are benefits in allowing U.S. citizens to reunite with their family members, benefits in attracting workers with needed skills, benefits in diversifying the immigrant stream, and benefits in fulfilling a moral responsibility to welcome our fair share of those who fear for their lives.
Let’s not throw out the baby with the bathwater.
Stephen Legomsky is an emeritus law professor at Washington University, the former chief counsel of the federal immigration services agency, and the principal author of “Immigration and Refugee Law and Policy,” which has been the required text for immigration courses at 185 law schools.”
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Go on over to The Hill at the link to read Steve’s complete article.
Thanks, Steve, for sending this my way and for these great and appropriate thoughts on MLK Day! It’s important for those of us who have spent a lifetime working in the field and have served the public in our Government to speak out against the various false narratives and perversions of programs that have served America well being pushed by the restrictionists who control this Administration’s immigration policies. Hate, fear, and loathing are not the answers that Dr. King was promoting!
