REGIME OF SCOFFLAWS — ADMINISTRATION’S CONTEMPT FOR CONSTITUTION, COURTS LIKELY TO CONTINUE UNABATED UNLESS & UNTIL SUPREMES GET BACKBONE — No Sign Of Any Endoskeleton @ High Court To Date!

https://www.washingtonpost.com/opinions/the-government-abuses-its-power-over-pregnant-teenagers–again/2017/12/20/8c4379c0-e4ff-11e7-833f-155031558ff4_story.html

The Washington Post Editorial Board writes:

“IN OCTOBER, the government tried and failed to keep an undocumented teenager in federal custody from ending an unwanted pregnancy. Yet officials appear to have learned little from 17-year-old Jane Doe’s victory in court over the government’s effort to keep her from the abortion clinic. Again, it has fought tooth and nail — and failed — to prevent two more pregnant teenagers from getting the medical care they desired.

Since his appointment by President Trump to head the Department of Health and Human Services’ Office of Refugee Resettlement (ORR), antiabortion activist E. Scott Lloyd has barred federally funded shelters for undocumented minors from “supporting” access to abortion without his approval. Mr. Lloyd has reached out personally to convince some teenagers against ending their pregnancies. Others, like Ms. Doe, are forced to attend “life-affirming options counseling.”

Last week, the American Civil Liberties Union filed suit on behalf of two more undocumented teenagers whom ORR blocked from obtaining abortions. Like Ms. Doe, both are pregnant and crossed into the United States without their parents.

Both will now be allowed to get their abortions. A federal district judge allowed one teenager to travel to a clinic as of Monday. And the Justice Department dropped its appeal of the other teenager’s case after discovering that she was 19 years old, not 17 — meaning that Immigration and Customs Enforcement, not ORR, should take custody of her as an adult. ICE has now released her. But even if it hadn’t, ICE allows undocumented women in its care to obtain abortions as a matter of policy.

The collapse of the court case demonstrates just how absurd ORR’s policy really is. The government acknowledges that the Constitution grants these teenagers the right to an abortion. Yet when a 17-year-old and a 19-year-old have the same right under Roe v. Wade, how can the government justify summarily blocking one from obtaining an abortion but not the other? The rest of the government’s case was equally flimsy. ORR argues that it has no obligation to “facilitate” the procedure — though in each case so far, the logistics and costs have been privately arranged, leaving ORR with the responsibility of simply getting out of the way.

ORR also made the case that the teenagers could simply leave the country or depart federal custody for a government-approved sponsor. But the fact that a person could cross back across the border doesn’t strip her of constitutional rights while in the United States. And each week it takes to find a suitable sponsor makes abortion more difficult and dangerous to obtain.

It’s welcome news that the government is no longer abusing its power over these two vulnerable teenagers. Yet even as the ACLU mounts a broader legal challenge to ORR’s behavior, it’s likely that ORR will continue to trap other undocumented teenagers in the same situation. Mr. Lloyd should abandon this cruel policy.”

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

We also learned elsewhere this week that Trump considered withdrawing his nomination of Judge Neil Gorsuch to the Supremes because Gorsuch had the audacity to stand up for his judicial colleagues in the face of outrageous attacks on their professionalism and integrity by Trump.

https://www.washingtonpost.com/politics/trump-reportedly-considered-rescinding-gorsuchs-nomination/2017/12/18/ad2b3b68-e1c7-11e7-9eb6-e3c7ecfb4638_story.html

In other words, Gorsuch threatened to take his oath to uphold the Constitution seriously, rather than putting loyalty to Trump first in the manner of Vice Sycophant Mike Pence and many others in the GOP. (Witness the disgusting display of fawning and “public a— kissing/licking” of Trump by the GOP “establishment” like Ryan and McConnell after they pulled off the biggest heist of public funds for private enrichment in American history,)

Trump has exactly the same expectation of “judges as robed stooges for the executive” as do strongmen and Third World Dictator/Presidents for Life. Think Vladimir Putin, President Xi, President Duterte, or President Sisi want an independent judiciary looking over their shoulders? Neither does Trump! And these guys, not leaders of democracies, are the leaders that Trump admires and wants to emulate.

Scott Lloyd has decided not to follow the Constitution. In a normal Constitutional Government, the DOJ would decline to defend Mr. Lloyd in court, thus forcing him to comply.

But, fellow scofflaw Jeff “Gonzo Apocalypto” Sessions not only has defended Lloyd’s unconstitutional actions but made frivolous arguments in support of Lloyd. He’s even taken his frivolous positions all the way to the Supremes and outrageously made a further frivolous request for sanctions on the ACLU lawyers defending the Constitution!

 

Ironically, the only time when Sessions, Lloyd, and other GOP restrictionists have any concern for Hispanic children is when they are unborn. Once they are born, Gonzo, Homan, and the restrictionists are eager to abuse Hispanic kids by deporting their parents or siblings, breaking up families, terrorizing their communities, depriving them of support, health care, and education, and generally making their lives as miserable as possible.

Indeed, the Trump/Sessions White Nationalist “strategy” seems to be that if you mistreat US citizen kids of color badly enough, they eventually will leave and never return to exercise their rights. But, I actually think that most will remember what Trump/Sessions & the GOP White Nationalists are doing to them now. Once they become voting age, they can help insure that America is never again subjected to the travesty and preventable horror of the likes of Trump, Sessions, and other White Nationalists holding public office and attempting to force their vile, minority views on immigrants down the unwilling throats of the majority of us.

If private lawyers conducted themselves with such obvious contempt for the Constitution and Courts, they would be facing contempt of court charges, loss of law license  (in Gonzo’s case), and possible imprisonment. But, Lloyd and Gonzo are actually flaunting their lawless behavior and the unwillingness of a Court supposedly “bought and paid for” by the GOP to restrain an out of control GOP Administration.

Until the Supremes get serious about holding Constitutional scofflaws and bullies like Lloyd and Gonzo accountable, finding them in contempt, and throwing them in jail if they continue to abuse the Constitution and the time of the US Courts, the Administration’s all-out assault on the true “rule of law” will continue unabated!

The Trump Administration (certainly not undocumented migrants) is the single greatest threat to the continued existence of American democracy and American greatness. Will we wake up as a nation before it’s too late?

PWS

12-21-17

 

POLITICO: Agreement On Dreamer Relief Still Likely, But Not This Year!

https://www.politico.com/story/2017/12/19/senate-white-house-trump-lay-groundwork-for-daca-deal-30

SEUNG MIN KIM, HEATHER CAYGLE and ELANA SCHOR 12/19/2017 08:40 PM EST
Top senactors and White House officials are laying the groundwork for a major immigration deal in January to resolve the fate of young undocumented immigrants whose legal protections were put in limbo by President Donald Trump.

At a Tuesday afternoon meeting with nearly a dozen senators deeply involved in immigration policy, White House chief of staff John Kelly pledged that the administration will soon present a list of border security and other policy changes it wants as part of a broader deal on so-called Dreamers, according to people who attended the meeting. The plan could come in a matter of days, senators said.

About a half-dozen senators have been negotiating a bipartisan package prompted by Trump’s decision to kill the Deferred Action for Childhood Arrivals program, an Obama-era executive action that granted work permits to nearly 800,000 undocumented immigrants who came here as minors. Yet the senators could not fully flesh out a deal before they knew what Trump was willing to sign.

“We couldn’t finish this product, this bill, until we knew where the administration was,” Sen. Jeff Flake (R-Ariz.), who has been negotiating a DACA compromise for weeks, said in an interview after the meeting with Kelly. “And that’s why this meeting was so important.”

Congressional Republicans and the White House have long said any DACA deal would need to be paired with security and other enforcement measures. Democrats say that’s fine as long as the provisions weren’t too onerous. But the border security question has been a sticking point for weeks, as senators swapped proposals without cutting a deal, so far.

And while liberal Democrats and grass-roots activists are pressuring Congress to enact permanent legal protections for Dreamers this year, both Democrats and Republicans at the meeting with Kelly said there was a consensus that legislation wouldn’t pass before lawmakers leave Washington. It was one of the clearest sign yet that a Dreamers agreement won’t, to the chagrin of liberals, come before 2018.

“Our belief is that if this matter is not resolved this week — and it’s not likely to be resolved — that come the omnibus and the caps, that we have another chance to finally come up with a bipartisan package of things to include” by mid-January, said Sen. Dick Durbin (D-Ill.), who also attended the meeting. “The closer we get [to the March deadline], the more nervous I get, not to mention the way these young people feel. I’m sorry that it’s taken this long.”

Flake said he believes he has a commitment from Senate Majority Leader Mitch McConnell (R-Ky.) to hold a cloture vote on the floor on an immigration deal by mid-January, before the next likely deadline to fund the government, Jan. 19.

A spokesman for McConnell did not immediately return a request for comment. But the majority leader said during a Fox News interview that he has talked about the immigration issue with his counterpart, Senate Minority Leader Chuck Schumer of New York.

“No, we’ll not be doing DACA … this week,” McConnell said. “That’s a matter to be discussed next year. The president has given us until March to address that issue. We have plenty of time to do it.”

At the Tuesday meeting, Kelly and other administration officials went into detail about how much of the southern border is currently fenced and how much more the White House would want in exchange for a DACA deal, according to people who attended.

Senators also pressed the White House on other immigration demands, such as an overhaul of the nation’s asylum system or a change in policy toward unaccompanied minors who are apprehended at the southern border, and whether they needed to be included in the current DACA talks.

“Which of those policy items, or immigration law changes, do we need to make as part of this and what can wait for something else?” Flake said, summing up the questions from senators. “There’s a lot of nice things we need to do as part of broader comprehensive reform, but we need to have a bill in January and we need to know what has to be in it and what the administration will support.”

The bipartisan group of senators — Flake and Durbin, Michael Bennet (D-Colo.), James Lankford (R-Okla.), Thom Tillis (R-N.C.), Lindsey Graham (R-S.C.) and Cory Gardner (R-Colo.) — has discussed a legalization plan that would marry the DREAM Act, drafted by Durbin and Graham, with a more conservative proposal for Dreamers written by Tillis and Lankford, Flake said.

Those seven senators attended Tuesday’s meeting with Kelly, as did Senate Majority Whip John Cornyn (R-Texas), and Republican Sens. Tom Cotton of Arkansas and David Perdue of Georgia.“I think what we’re trying to do is to get some clarity from the administration on what they require by way of border security and other enforcement measures,” Cornyn said as he left the meeting. “We got a promise to provide it to us and hopefully we’ll get that in short order. Maybe even this week.”

Republicans’ commitment to taking up a DACA deal next month won’t spare Democrats the fury of liberal groups that have demanded that any spending bill this year include a solution for Dreamers.

Democratic leaders have signaled that they won’t risk a government shutdown this month to secure relief for the Dreamers, though some lawmakers have vowed to withhold their votes for any must-pass funding measure without an immigration fix.

Durbin, the influential second-ranking Senate Democrat, is firmly in the camp of senators who won’t vote for a spending bill without help for Dreamers. That group also includes liberal Sens. Bernie Sanders (I-Vt.), Kamala Harris (D-Calif.), Kirsten Gillibrand (D-N.Y.), and Elizabeth Warren (D-Mass.).

Durbin was asked by reporters Tuesday if there was a divide between him and Schumer over where to draw the line on the issue, and acknowledged that there “may be.”

Schumer, for his part, put Republicans on notice Tuesday that they shouldn’t count on Democratic votes for a short-term funding package that includes just some of Democrats’ priorities — such as children’s health insurance — while leaving immigration for next year.

In the House, lawmakers, including several in the Congressional Hispanic Caucus, privately say they don’t see a path to secure a legislative fix for Dreamers before the end of the year. They acknowledge that the sides are now positioning themselves for a fight in January.

House Minority Leader Nancy Pelosi (D-Calif.) touched on dynamics during a private leadership meeting Monday night.

“We need to stick [together] and show that they need us,” said one Democratic member with knowledge of the strategy going into January. Republicans “are not going to be able to keep going on with the CRs. … Then we’re at an inflection point in January.”

That hasn’t stopped some members from making a last-ditch effort to reach a bipartisan agreement, in hopes Democrats can use it as leverage in the House if Republicans need their votes to pass a short-term funding bill later this week.

“I believe that my leadership is gonna close the deal and I have to believe that,” said CHC Chair Michelle Lujan Grisham (D-N.M.), noting she’s canceled all Christmas travel to stay in Washington and work on a legislative fix.

Reps. Will Hurd (R-Texas) and Pete Aguilar (D-Calif.) are behind one effort that would pair a proposal similar to the DREAM Act with border security, according to several members.

And the Problem Solvers Caucus, a bipartisan group of 48 moderate Democrats and Republicans, is preparing to publicly embrace a specific proposal in the next day or two. A subset of the group has been working for weeks to hammer out an agreement and the entire caucus planned to meet again Tuesday night.

“There’s certainly scenarios where this could get done this week. I’m not an expert on how all these pieces could unfold,” said Rep. Josh Gottheimer (D-N.J.), a co-chairman of the group. “But everything is clearly on the table, which is why we think it’s important we move and move quickly here.”

Cristiano Lima contributed to this report

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

Ironically, as I’ve pointed out before, the controversial “Border Wall” seems to be the least overtly harmful to humans and the long-term interests of the US of the various unnecessary enforcement measures the GOP has put out there in negotiations. Yeah, it is a waste of money, a boondoggle for certain contractors, and makes us look like a nation of scared nincompoops.

But, ending normal family migration (or as GOP White Nationalists pejoratively have termed it “chain migration”), funding the “New American Gulag,” and/or providing more unneeded agents for the Trump-Sessions-Bannon “American Gestapo” all will do much more long-term damage to actual human beings and to the economic future and social fabric of our country,

Perhaps, at some better time in the future, we could pay a diverse group of native and immigrant workers to tear down “The Wall” as part of our gala Fourth of July celebration on TV.  Or, it could work as part of the celebration of the birthday of President Ronald Reagan. Or, we could implode The Wall on national TV.

PWS

12-20-17

 

 

 

MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!

https://www.washingtonpost.com/local/immigration/watchdog-report-finds-moldy-food-mistreatment-in-immigrant-detention-centers/2017/12/15/c97b380a-e10d-11e7-89e8-edec16379010_story.html

Maria’s always “on top” of the almost daily examples of cruel, intentionally inhumane, unconstitutional, wasteful “Gonzo” Enforcement by the Trump regime.  Here is some of what she reports on the deadly conditions in “NAG:”

“The inspector general for the Department of Homeland Security has criticized several immigration detention facilities for having spoiled and moldy food and inadequate medical care, and for inappropriate treatment of detainees, such as locking down a detainee for sharing coffee and interfering with Muslims’ prayer times.

Acting Inspector General John V. Kelly, who took over Dec. 1, said the watchdog agency identified problems at four detention centers during recent, unannounced visits to five facilities. The Dec. 11 report , released Thursday, said the flaws “undermine the protection of detainees’ rights, their humane treatment, and the provision of a safe and healthy environment.”

“Staff did not always treat detainees respectfully and professionally, and some facilities may have misused segregation,” the report found, adding that observers found “potentially unsafe and unhealthy detention conditions.”

Immigration and Customs Enforcement jails tens of thousands of immigrants for civil immigration violations, holding them until they are deported or released in the United States. The jails are not supposed to be punitive, according to the report.

ICE concurred with the inspector general’s findings and said it is taking action to fix the problems, some of which have already been addressed.

“Based on multi-layered, rigorous inspections and oversight programs, ICE is confident in conditions and high standards of care at its detention facilities,” the agency said in a statement. “To ensure the safety and well-being of those in our custody, we work regularly with contracted consultants and a variety of external stakeholders to review and improve detention conditions at ICE facilities.”

The Office of Inspector General said it launched the surprise inspections after receiving complaints from immigrant advocacy groups and on its hotline about treatment of detainees. The inspectors also interviewed staff members and detainees and examined records.

Advocates for immigrants said the report reaffirmed their long-standing calls for the detention facilities to be closed. Advocates have complained about reports of physical and sexual assaults, deaths in detention and other concerns for years under past presidents — and say their worries are increasing under President Trump.

Trump has pledged to dramatically increase deportations and is seeking congressional approval for more than 51,000 detention beds this fiscal year, up from about 30,000 under President Barack Obama.

Trump’s pick for the permanent director of ICE, Thomas D. Homan, previously ran the ICE detention system.

“The realities documented by the OIG inspectors, and many more, are endemic to the entire detention system,” Mary Small, policy director at Detention Watch Network, a nonprofit group that monitors immigration detention, said in a statement. “ICE has proven time and time again to be incapable of meeting basic standards for humane treatment.”

In a statement, Azadeh Shahshahani, legal and advocacy director of Project South, in Atlanta, cited the death in May of Jean ­Jimenez-Joseph.­ The 27-year-old Panamanian national was held in solitary confinement for 19 days at the Stewart Detention Center in rural Georgia, according to Project South.

Shahshahani said his death “should have served as a final wake-up call and resulted in the immediate closure of the facility.”

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

The Administration tries to hide, obscure, cover up, and bureaucratize what’s happening in the NAG. But, thanks to courageous reporters like Maria, the truth isn’t going to be suppressed. Read the rest of Maria’s report at the link.

Is this YOUR America? Is this the America you want YOUR children and grandchildren to read about and inherit?

Gee whiz, what were my parents and grandparents doing while neo-Nazis were invading the government and recreating the “Fourth Reich?”

And, when are the Article III Courts going to get some backbone to go with their lifetime sinicure and stand up for the Constitution and human decency before it’s too late? When good people stand by and do nothing, tyrants like Trump, Sessions, Homan, Bannon, and their corrupt supporters will have their way! 

Tell your legislators:

  • NO to Tom Homan as ICE Director;
  • NO to funding for the NAG; 
  • NO to funding DOJ’s corrupt defense of the NAG and Gonzo Immigration Enforcement;
  • NO to additional unneeded DHS Enforcement agents;
  • YES to legislative and criminal investigations of the unconstitutional activities of Gonzo, Nielsen, Homan, and their cronies and the human rights abuses they are knowingly creating by misusing the immigration laws;
  • YES to “Dreamer Relief” with “no strings attached;”
  • YES to immigration reform that legalizes law-abiding residents already here and provides additional legal visas for the future to end the “false criminalization” of needed workers and refugees!

Stand up for America as a Nation of Immigrants — Stand up for human decency — Stand against Trump, Nielsen, Sessions, Homan, Bannon, Miller and the other neo-Nazis promoting the NAG!

PWS

12-18-17

 

 

DOUG JONES “THEORETICALLY” WOULD HAVE “JUST SAID NO” TO GONZO AS AG — “too harsh on voting rights and criminal-justice issues!” — So What Else Is New?

https://www.washingtonpost.com/news/powerpost/wp/2017/12/15/doug-jones-eager-to-speak-for-the-south-embraces-the-spotlight/

David Weigel reports for the Washington Post:

“Doug Jones, weeks away from taking office as Alabama’s first Democratic senator since 1996, is not done talking about his win. On Wednesday, as national TV cameras rolled, he spent 26 minutes talking about his goals for 2018. On Thursday, he talked to the hosts of “Pod Save America” — a tastemaking podcast for liberals — about how he won. And on Sunday, he will be interviewed by Chris Wallace on Fox broadcast channel, and the show will be repeated later in the day on Fox News — a cable channel on which many Democrats refuse to appear.

So far, Jones has not made much news since his victory, ducking the Democratic fight over whether he should be seated in time to cast a vote on the GOP tax bill. (“We’ve still got a process in Alabama that we have to go though,” he said on “Pod Save America.”) He’s said more about how he won — as a “kitchen table” pragmatist and critic of Republican policy — and his hope that the South’s Republican dominance may start to crack.

“I believe we are on the road to having a competitive two-party state,” Jones said at Wednesday’s news conference.

Jones had been talking like that for months, though rarely before a national audience, and not in stump speeches. But as Republicans knew, and as they failed to exploit Tuesday, Jones did not run as a conservative and rarely took the Trump administration’s side on key issues. Most of Jones’s television ads, especially in the last month, portrayed the election as a choice between a Democrat who could “work with anybody” and a Republican who would engage in futile, embarrassing grandstanding.

In interviews, however, Jones often spoke of a different choice for Alabama — whether they wanted to send a new representative of the Deep South to the national stage. In an August interview with The Washington Post, before much national attention had driven toward his campaign, Jones said he would have theoretically opposed Jeff Sessions’s nomination for attorney general. He rattled off the reasons: Sessions was too harsh on voting rights and criminal-justice issues.”

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

Read the rest of the article at the link.

Jones might have added “bigot, racist, xenophobe, White Nationalist, homophobe, Islamophobe, bully, liar, theocrat, sexist, and “D-grade legal mind,” to the reasons. But, we get the point. Even in Alabama, Sessions’s obvious bias, retrograde views, and general lack of qualifications for high office were well known.

In other words, if you remove the pedophelia, the ridiculous leather vest, poor little pony, waving pistol, and totally obnoxious wife, then “Gonzo” is “Ayatollah Roy.”

Unfortunately,  Gonzo has been able to do even more damage to our country, our Constitution, and our future (e.g.,our “Dreamers“) as an appointed official than he was in the Senate (perhaps because he was so, well, “Gonzo,” that even in his own party nobody took his “parallel universe” 1950’s segregationist view of America seriously). Probably happy enough to get rid of him as a colleague, the GOP inflicted him on the entire nation!

But, the majority of Americans who don’t believe in Gonzo’s “Apocalyptic Vision” don’t  have to put up with this travesty indefinitey. Hopefully, working with colleagues on both sides of the aisle, and drawing on the abysmal record of “Gonzo in action,” Doug Jones will be able to use “the system” to work cooperatively with others to remove the  most stunningly unqualified Attorney General since John Mitchell from office.

We can all hope.

PWS

12-15-17

AMERICA THE UGLY: YOU ARE FUNDING THE NEW AMERICAN GESTAPO AT DHS: ABUSING CHILDREN, SOWING FEAR, DENYING WOMEN’S RIGHTS, DESTROYING THE FUTURE OF OUR COUNTRY! — Cruelty For Cruelty’s Sake – How Will YOU Explain To Your Children & Grandchildren How YOU Stood By and Watched Trump, Sessions, & Their White Nationalist Lieutenants Create the “Fourth Reich” in America? – “Will They Take Me Too”?” – What About YOU? — Who Will Stand Up for YOUR Rights When the White Nationalist State Knocks On YOUR Door?

https://www.nytimes.com/2017/12/14/magazine/will-they-take-me-too.html

Brooke Jarvis reports for the NY Times:

“More than a thousand children are counting on Nora Sándigo to become their guardian if their undocumented parents are deported. How many of those promises will she now have to keep?

***********

Because she didn’t know what to tell her children, she tried not to tell them anything. When they asked where their father was, she gave flimsy excuses: Yes, he came home last night, but he left while you were still asleep. He’s working late, he’s working early, he just stepped out, he’ll be back soon. “You just missed him,” she found herself repeating.

The strategy worked, for a few days at least, with the youngest three. They were all under 5 and were used to the world going about its strange business without them. But then there was Kelly. She was 8 and sharp-eyed, a good student who preferred English to Spanish and wanted to someday be a doctor, or maybe a gymnast, and who had watched a presidential candidate on television say he wanted to send people back to Mexico, where both her parents grew up.

Kelly came home from school one day in October last year and demanded to know where her father was. Because his construction job started so early in the morning, Javier was usually the first home. That was part of how he and Kelly’s mother, T., fell in love. They boarded in the same house more than a decade ago, when she was 19 and freshly arrived in South Florida, having followed her sister from their small village in southern Mexico. T., who is being identified by her first initial to shield her identity, quit school after sixth grade. She helped her parents plant corn and beans but dreamed of something better for herself and her infant son; she decided to leave him in her mother’s care and support him from afar. Javier was from the same region, and because he finished work early, he cooked for her while she was still out in the Florida sun. The food was delicious and tasted like home. Soon they were a couple, and then Kelly was born, and her father, who fainted with anxiety in the birthing room, adored her, and she adored him back.

“He’s late from work,” T. told her daughter.

But Kelly wasn’t having it. Before heading to school that morning, she saw uniformed men come to the door and ask her mother for her father’s passport; she heard her mother on the phone, asking what had happened, what to do. “Don’t lie to me,” Kelly said, and started to cry. “Where did they take him? What did he do?”

By now T. knew. One of her first phone calls was to an immigrant advocate and former refugee named Nora Sándigo, who, in this poor area south of Miami, was the most powerful person in many people’s worlds: She knew lawyers, county commissioners, even members of Congress. After T. called her, Sándigo quickly discovered that Javier had been detained by the Department of Homeland Security. T. didn’t tell Kelly the details she had learned from Sándigo, or from Javier, when he was finally able to make a brief call. That they arrested him just a few yards away from their home, as he stood waiting for his ride to work. That now he was on the edge of the Everglades, in a gray-and-tan detention center adjacent to a state prison, a half-hour’s drive away, a distance that, for T., had suddenly become unbridgeable. “He was arrested,” she told Kelly, simply. “We have no papers to be here, like you do.”

“Will they take me, too?” Kelly asked. She didn’t know what papers her mother was talking about, what this thing was that she had and her parents didn’t.

T. didn’t tell her daughter the other reason she called Sándigo. Across South Florida, T. knew, undocumented parents of citizen children were preparing for possible deportation by signing power-of-attorney forms that allowed Sándigo to step in should their own parenthood be interrupted by a surprise visit from Immigration and Customs Enforcement, or ICE. If they were taken away, at least Norita, as they called her, could provide stability while the family sorted out what to do; she could also sign forms on their children’s behalf at school, or at the hospital, or in federal court.

Sándigo’s responsibilities extended to many hundreds of children, and were growing all the time. Parents, some of whom had never met her in person, were desperate for any solution. Her qualifications were simple. She was compassionate. She was willing. And, like their children, she was a United States citizen.

For years, T. never felt the need for such an extreme contingency plan. Now she was thinking of adding her own children to Sándigo’s list. “Imagine if they detained me too,” she said after Javier was gone. She couldn’t envision taking her American children with her to Mexico, where she “wouldn’t be able to give them education, shoes, clothes,” and where they would be separated from their friends and lives and ambitions, from the only home they had ever known. But what would happen if they stayed behind, with no parents left to care for them?

There’s a common misconception that having a citizen child — a so-called anchor baby — allows undocumented parents to gain legal status in the United States. In fact, parents of citizen children are deported annually by the tens of thousands, according to ICE’s own reports to Congress. Randy Capps, a demographer with the Migration Policy Institute, estimates that as many as a quarter of the people deported from the United States interior (who are counted separately from those deported at a border) are the parents of American children. Though immigration law prioritizes family connections, including legal status for the family members of Americans who petition on their behalf, children are the exception. They cannot, by law, petition for anyone until they turn 21 — by which time, of course, they won’t need their parents nearly as much.

Continue reading the main story

Photo

Gifts for children in Sándigo’s home. CreditChristopher Morris/VII, for The New York Times

Families like Kelly’s are known as “mixed status” — a reminder that the way we talk about immigration, with clear lines of legality separating groups of people, is often a fantasy. The reality is a world of families with separate legal statuses but intertwined fates. More than four million American children are estimated to have a parent in the country illegally. If deported, those parents face a difficult choice: Take their children to a country they do not know, whose language they may not speak and one that lacks the security and opportunities they have in the United States; or leave them behind, dividing the family. Courts have regularly responded to the argument that a parent’s deportation will deny a child, as one lawyer put it, “the right which she has as an American citizen to continue to reside in the United States,” with the counterargument that such children are not, in fact, deprived, because they retain the right to stay in their country and the right to live with their parents — just not both at the same time. “That’s what I call a choiceless choice,” says David B. Thronson, a professor at the Michigan State University College of Law, who helped found the Immigration Law Clinic.

But it’s a choice that’s familiar to millions of families, including Sándigo’s. “I lived that,” she said one day when I met her at her office in the suburbs of Miami, a one-story stucco house that serves as the headquarters of the Nora Sándigo Children Foundation. When she was 16, her parents sent her away from Nicaragua to escape the violence of its civil war; her family, she says, was targeted for opposing the Sandinistas. “I feel like I am one of those kids,” she continued, “because I came with the same problem. I had my father and mother, but I was an orphan without them. Separate from their parents, they become orphans, like me.” She remembers sobbing as she watched the country of her birth recede from the plane window.

When she left Nicaragua, Sándigo went to Venezuela, then France, “trying to get something legal,” and in 1988 finally ended up in the United States, where the organization that helped her settle here offered her a job working with other refugees from Central America and advocating for their asylum. The Nicaraguan Adjustment and Central American Relief Act was passed in 1997. In Miami, she helped other immigrants with paperwork and resettlement matters, like looking for apartments or jobs. She also started a business of small nursing homes, which, along with a plant nursery, helps cover her foundation’s bills. She never went back to Nicaragua, not even when her father was dying. He told her to stay in the United States and be safe. It was her country now, he said.

As Sándigo’s reputation grew, it became common for strangers in Miami’s immigrant communities to seek her out, asking for help; the requests opened Sándigo’s eyes to the depth of people’s need. She remembers bringing six towels to a woman with five children, who was shocked at the abundance: “So many!”

One call, in 2006, was for a new kind of assistance: A Peruvian woman, whom Sándigo had never met, was being held in a detention center, and she wanted to give Sándigo power of attorney to make decisions about her children’s care. (Unlike full legal guardianship, which is conferred by a court, power-of-attorney forms don’t involve a transfer of parental rights.) Others in the center had warned her that if she didn’t do something, she might lose her children to the child welfare system. Sándigo doesn’t know why the woman thought of her, but she felt honored, and obligated, by her trust: “When she called she had the papers signed and notarized already in my name.”

The Peruvian woman’s children never called on Sándigo, but word of what she had done got out. In 2009, a brother and sister, ages 9 and 11, showed up at Sándigo’s door with their uncle; their mother, they said, was in detention, and they weren’t going to eat until she was released. Sándigo remembers the oldest, Cecia, now a student at Georgetown University, saying, “We’ll stay with you,” to which she replied, “But this is an office, baby.” Still, she made a place for them. Jerryann, one of Sándigo’s two biological daughters, recalled: “You were like, ‘Oh, they’re going to stay the night.’ And then one night became forever.” The children moved in — they ended up staying for six years — the case attracted a lot of publicity and soon there was a steady stream of requests. “That gave the perception to the people, probably, that I was accepting the power of attorney from everyone in the same situation,” Sándigo said.

Many of the people who contacted Sándigo wanted only a temporary backup, a documented adult whom their kids could call in the moment of crisis to avoid ending up in the child-welfare system. According to an ICE spokeswoman, “ICE is committed to ensuring that the agency’s immigration-enforcement activities, including detention and removal, do not unnecessarily disrupt the parental rights of alien parents and legal guardians of minor children.” But navigating the immigration and child-welfare systems simultaneously can be difficult. Emily Butera, a senior policy adviser at the Women’s Refugee Commission, told me that many parents have come to believe that they will lose their rights automatically: “We’ve started explicitly saying to people, ‘Your children are not the property of the U.S. government.’ ”

Other parents planned for their children to stay with their undocumented friends or relatives, but wanted Sándigo to sign papers or fill official roles that they couldn’t. Still others hoped that their children would live with her, maybe for the remainder of their childhoods — something Sándigo wasn’t promising and worried that people assumed she was. But still, she never said no. When people came to her looking for help, Sándigo found it impossible to deny them. The numbers grew into the dozens, and then to the hundreds. “We never planned this,” Sándigo said one day. “It was planned by nobody. It just came.”

. . . .

Two days later, nine adults and 36 children gathered at Sándigo’s house to pack into three rented vans for the 18-hour drive to Washington. T. tried to find space under a seat for a stroller — she was bringing all four daughters — while Sándigo stood in front of local news cameras, speaking in Spanish. “How can they be American citizens if in their own country they’re treated so harshly?” she asked. Kelly wandered into the frame, and Sándigo pointed to her: “Her father was deported,” she said. “It’s very hard.” Kelly noticed the cameras turning to her and darted away. “We hope they’ll listen to these American children,” T.’s sister told Telemundo.

Finally, space was found for all the diaper bags and suitcases and gallons of frozen milk. The kids lined up for a group photo around an American flag. The plan was to drive through the night, a challenge with so few licensable drivers among the adults. The vans pulled out past a small lineup of news cameras.

A few minutes later, they were back. Sándigo had gotten a call from the only English-language station to respond to her news release: The cameraman was running late. Sándigo agreed to redo the exit scene. “For us, the English news is the most important,” she said. Its viewers were the ones whom she most wanted to hear from the children, their fellow citizens.

Kelly and the others dutifully spilled out of the van into the sunshine. Valerie, in her native, teenage English, told the new camera the same things she’d told the others in Spanish: about missing her parents, about how hard it was. She was proud that she’d finally learned to talk about them without crying.

Then the children all climbed back inside for another try at reaching their nation’s capital.

The cameraman stood in the empty street for a long time, watching them disappear.”

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

Read the complete, much longer story,  at the link.

What are we going to tell our fellow citizens when they grow up and become essential parts of our society? What’s going to happen when they come into power in various forms. How will the descendants of Jeff “Gonzo Apocalypto” Sessions and his “fellow travelers” expect fairness, forgiveness, and mercy from others when their ancestors had and gave none? What are we doing to resist the current regime and insure their eventual removal from office?

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

Meanwhile, over at Newsweek reports on how, led by Chief Scofflaw Jeff “Gonzo Apocalyoto” Sessions, the Trump Administration continues its assault on our Constitution, women, Latinos, immigrants, and the REAL rule of law by attempting to force immigrant teenagers to carry pregnancies to term against their will:

“The Trump administration is attempting to block two young undocumented immigrant women in federal custody from obtaining an abortion, prompting the American Civil Liberties Union to head back to court today.

The two women, known to the court as Jane Roe and Jane Poe, requested to have an abortion. The Office of Refugee Resettlement refused their request.

The organization says this refusal, which has become common under Trump, shouldn’t be acceptable. The administration has been requiring these young women to go to religiously affiliated “Crisis Pregnancy Centers” that require patients to “have a medically unnecessary sonogram” and urges them to carry their pregnancy.

This case comes after the recent “Jane Doe” case in which the civil rights group stepped in and helped another immigrant receive the care she requested.

“We’ve already stopped the Trump administration from blocking one young woman’s abortion,” Brigitte Amiri, senior staff attorney with the ACLU Reproductive Freedom Project, said in a press release. “But the Trump administration is relentless in its cruelty, blocking abortion access for the most marginalized people in our country.”

The Jane Doe case was the first major abortion battle under Trump, in which a 17-year-old came to the U.S. from Central America in September. She was detained and learned that she was pregnant. When she was at the government-funded shelter, she attempted to get an abortion but the government didn’t allow it. That was the first undocumented immigrant abortion case the ACLU took to the court to fight the Trump administration.

According to a previous report by Newsweek, The ACLU told the court that the Trump administration unlawfully barred Jane Doe from having an abortion for a month. The court agreed with the ACLU and Jane obtained an abortion the next day, but the fight is still on between the group’s lawyers and the Trump administration.

After winning in court and receiving her abortion, Jane Doe said in a statement that she came to the U.S. for a better life.

“No one should be shamed for making the right decision for themselves,” she said in a statement released by the ACLU on October 25. “I would not tell any other girl in my situation what they should do. That decision is hers and hers alone.”

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

So, how are Gonzo and other Trump Administration scofflaws not in jail for contempt of court?

What’s the REAL difference between “America First” and “Deutschland Uber Alles?”

How long will we suffer through this national travesty of having a racist, anti-Constitutionalist, White Nationalist, scofflaw in charge of our Department of “Justice” and perhaps ever more appallingly our U.S. Immigraton “Courts?”

Easy to understand why there are so many “Sanctuary Jurisdictions” in the U.S. Hard to understand why all jurisdictions aren’t “Sanctuaries?” But, history will show who resisted and who went along with the “Fourth Reich!”

PWS

12/15/17

 

 

NPR: INSIDE THE TRUMP-SESSIONS – NIELSEN “AMERICAN GULAG” – DHS INTERNAL REPORT FINDS CRUEL, INHUMAN, LIFE-THREATING CONDITIONS ARE WIDESPREAD – 4 OF 5 (80%) OF PRISONS STUDIED “FLUNK” MINIMUM STANDARDS – WHY AREN’T THE CABINET OFFICIALS & SENIOR EXECS WHO ARE “DOUBLING DOWN” ON THESE UNLAWFUL PRACTICES IN PRISON THEMSELVES (OR AT LEAST BEING SUED IN COURT FOR ORDERING CLEARLY UNCONSTITUTIONAL ACTIONS)!

https://www.npr.org/sections/thetwo-way/2017/12/14/570984026/federal-investigation-finds-significant-issues-at-immigrant-detention-centers

Richard Gonzales reports for NPR:

“Updated Dec. 15

Immigrants detained at four large centers used by Immigration and Customs Enforcement are subject to inhumane treatment, given insufficient hygiene supplies and medical care, and provided potentially unsafe food, according to a federal report.

The “concerns” about the treatment of detained immigrants in facilities in California, Georgia, New Jersey and New Mexico is summarized in a report issued by the Inspector General’s Office of the Department of Homeland Security.

As NPR’s Joel Rose reports,

“The findings are similar to those of outside groups that have alleged ‘extensive’ human rights abuses at ICE detention centers.

“The inspector general’s report comes as the Trump administration is asking Congress for funding to expand the immigration detention system.

“ICE says some of its existing facilities are short-staffed. And the acting director has agreed to the report’s recommendations.”

The report was based on inspections of five detention facilities, four of which failed to meet certain federal standards, although “not every problem was present in all of them.”

The report summarized the results of the inspections:

“Upon entering some facilities, detainees were housed incorrectly based on their criminal history. Further, in violation of standards, all detainees entering one facility were strip searched. Available language services were not always used to facilitate communication with detainees. Some facility staff reportedly deterred detainees from filing grievances and did not thoroughly document resolution of grievances. Staff did not always treat detainees respectfully and professionally, and some facilities may have misused segregation. Finally, we observed potentially unsafe and unhealthy detention conditions.

Detainees … reported long waits for provision of medical care, poor conditions in bathrooms and insufficient hygiene supplies. OIG inspectors also observed expired, moldy, and spoiled foods in the kitchen in four facilities.”

The report also recommends that ICE improve its oversight of detention facility management and operations. In an official response, ICE concurred with the findings and promised to strengthen oversight and improve overall conditions.

Critics of President Trump’s immigration policies say the findings are not new as they predate the current administration.

A 2015 report by the National Immigrant Justice Center questioned ICE’s ability to oversee the detention centers it uses.

In a statement on the 2017 report, the Center’s Executive Director Mary Meg McCarthy said:

“ICE’s inability to provide for the safety and health of the tens of thousands of immigrants in its custody has been documented for years. Today, we are calling on Congress to demand accountability and drastically reduce ICE’s detention budget.

“While the Inspector General’s report provides documentation of extensive abuses, its remedy is incredibly insufficient: it directs ICE field office directors to review the areas of concern. We know from earlier directives that ICE’s internal review processes fail to generate meaningful change.”

The Women’s Refugee Commission said the report is consistent with what the organization and its partners have “documented for years” from visits to ICE detention facilities as well as with research it has conducted over 20 years. Katharina Obser, senior program officer at WRC said in a statement:

“This week’s OIG report spells out what WRC and our partners have documented for years, making clear the critical need for greater oversight and reform. Instead, the  Trump administration is intent on lowering or eliminating standards for immigration detention – putting detainees’ lives at risk – all while promising to ramp up detentionon a grand scale. As Congress continues to debate DHS FY 18 appropriations, the OIG’s findings show that now is not the time to expand a detention system that ICE is not capable of effectively and safely running. Detention must be reduced and, where needed, humane alternatives to detention, implemented in its place.”

Three years ago, the Department of Homeland Security Inspector General’s office reported on a series of unannounced visits to detention centers for unaccompanied children. The inquiry found evidence of inadequate food, temperature control problems and inconsistent employee-to-detainee ratios.”

**********************************
These are hardly “new” developments! So, why are Sessions and his DHS “stooges” “doubling down” on detention of non-crimninal aliens in private facilities, rather than fixing these  life-threatening, unconstitutional conditions first. Sounds like clear Civil Rights violations to me. Why isn’t the DOJ’s Civil Rights Division “all over this like a cheap suit?” The answer to that is pretty obvious: They would have to prosecute  their boss for knowingly creating and furthering these conditions. All part of his “Gonzo deterrence strategy.” What if it were a member of YOUR family being held in inhumane conditions like these?
The solution?” Simple:  Let the non-dangerous immigrants (about 98% of them) out; put Sessions, Nielsen, Homan, and Miller in prison until the problems are fixed. Now THAT would finally be a use of detention that would have some real and appropriate deterrent value!
The true “rule of law” won’t be “restored” to America until “Gonzo” Sessions is removed from office.
PWS
12-15-17

TIS INDEED THE “SEASON OF MIRACLES” — I WOKE UP THIS MORNING AND FOUND MYSELF IN COMPLETE AGREEMENT WITH CHARLES KOCH!

https://www.washingtonpost.com/opinions/congress-must-act-on-the-dreamers/2017/12/14/3dc0ab98-e053-11e7-bbd0-9dfb2e37492a_story.html

From the Washington Post:

Congress must act on the ‘dreamers’


A woman holds up a sign outside the U.S. Capitol in support of the Deferred Action for Childhood Arrivals (DACA) program on Dec. 5. (Jacquelyn Martin/AP)
December 14

Tim Cook is chief executive of Apple. Charles Koch is chairman and chief executive of Koch Industries.

The holidays are upon us, and families across the United States are coming together to celebrate. Yet for about 690,000 of our neighbors, colleagues and friends, this holiday season is marked by uncertainty and fear.

These are the “dreamers” — children of undocumented immigrants who are working, in countless ways, to make the United States stronger. Unless Congress acts, this holiday season might be the last one the dreamers get to spend in the country they love and call home.

We must do better. The United States is at its best when all people are free to pursue their dreams. Our country has enjoyed unparalleled success by welcoming people from around the world who seek to make a better life for themselves and their families, no matter what their backgrounds. It is our differences that help us to learn from each other, to challenge our old ways of thinking and to discover innovative solutions that benefit us all. To advance that prosperity and build an even stronger future, each successive generation — including, today, our own — must show the courage to embrace that diversity and to do what is right.

We have no illusions about how difficult it can be to get things done in Washington, and we know that people of good faith disagree about aspects of immigration policy. If ever there were an occasion to come together to help people improve their lives, this is it. By acting now to ensure that dreamers can realize their potential by continuing to contribute to our country, Congress can reaffirm this essential American ideal.

This is a political, economic and moral imperative. The sooner Congress resolves this situation — on a permanent basis — the sooner dreamers can seize the opportunity to plan their lives and develop their talents.

This extraordinary set of circumstances has brought the two of us together as co-authors. We are business leaders who sometimes differ on the issues of the day. Yet, on a question as straightforward as this one, we are firmly aligned.

As a matter of both policy and principle, we strongly agree that Congress must act before the end of the year to bring certainty and security to the lives of dreamers. Delay is not an option. Too many people’s futures hang in the balance.

Both of our companies are fortunate to have dreamers on our teams. We know from experience that the success of our businesses depends on having employees with diverse backgrounds and perspectives. It fuels creativity, broadens knowledge and helps drive innovation. For our nation to maximize progress and prosperity, we need more, not fewer, talented people at the table.

Another foundation of our country’s success is our consistent and equal application of the law. In a free nation, individuals must be able to trust that when our government makes a promise, it is kept. Having laws that are reliable is what gives people the confidence to plan their futures and to invest in their businesses, their communities and themselves.

The United States should not hold hard-working, patriotic people hostage to the debate over immigration — or, worse, expel them because we have yet to resolve a complex national argument. Most Americans agree. In fact, more than 8 in 10 Americans support a straightforward solution to allow dreamers to stay.

No society can truly flourish when a significant portion of its people feel threatened or unable to fulfill their potential. Nor can it prosper by excluding those who want to make positive contributions. This isn’t just a noble principle; it’s a basic fact, borne out through our national history.

Dreamers are doing their part. They have shown great faith in the United States by coming forward, subjecting themselves to background checks, and submitting personal and biometric data.

Now, the rest of us need to do our part. Congress should act quickly, ideally before year’s end, to ensure that these decent people can work and stay and dream in the United States. As a nation, we must show that the dreamers’ faith in our word and goodwill was not misplaced. And we should make clear that the United States welcomes their contributions as part of our national life.

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

I agree with every word.

My only question: Why are Ol’ Charlie and his bro David (the “Koch Bros”) bankrolling a GOP that has been taken over by repulsive, dishonest, backward looking, fundamentally dumb, anti-American guys like Trump, Sessions, Bannon, Miller and their racist, White Nationalist, xenophobic, homophobic, religiously intolerant, exclusionary agenda of hate, fear, and loathing, which if followed to its logical conclusion, would destroy America and quite possibly the world?

Even though the Koch Bros are White, many of the employees they depend on to maintain their billionaire status aren’t White, Christian, straight, or U.S. citizens. They have no place in the Trump GOP’s vision of America. Trump and his band wouldn’t exempt the Koch Bros from their planned Armageddon just because of their Whiteness or past services to the party.

So, why keep supporting these heinous individuals and their anti-American agenda? The only reason we have this problem is because a minority of voters with incredibly poor judgement and total disregard for the common good, in an intentionally gerrymandered America, voted for the absurdly unqualified Trump rather than the clearly more qualified candidate. And, if the Kochs had supported Clinton, America would be closer to the place that Charlie Koch and Tim Cook describe in their article. Indeed, the whole costly, divisive, and totally unnecessary self-created “Dreamer Disaster” need never have occurred. What do you expect when you enable a racist xenophobe like Jeff Sessions (who doesn’t know much, if any, law either) to serve as our Attorney General?

At some point, decent folks (and, I’d be willing to admit the Kochs into that company even if I don’t agree with them on most things) who believe in America have to either 1) support Democrats, or 2) form an honest Third Party that excludes the White Nationalist haters. Today’s GOP is not that party.

Realizing that I actually have a fundamental area of agreement with the Koch Bros makes their overall conduct all the more inexplicable.

PWS

12-14-17

TWO NEW FROM TAL@CNN: 1) Will “Radical Moderation” Be The Next Great Political Movement? – 2) How Will Dems Negotiate The DACA Endgame?

Here’s what Tal has to say:

1) Will “Radical Moderation” Be The Next Great Political Movement?

http://www.cnn.com/2017/12/14/politics/congress-moderate-republicans-revenge/index.html

Can moderates get their revenge on DACA?

By: Tal Kopan, CNN

As year-end funding decisions loom, a familiar pattern is repeating, with House conservative Republicans playing hardball to pull their colleagues to the right.

And moderates are increasingly tiring of it — especially after Tuesday’s repudiation of a candidate seen as emblematic of the GOP’s right flank in the Alabama special election.

Government funding and efforts to abolish Deferred Action for Childhood Arrivals, a popular program for young undocumented immigrants, have some moderates increasingly wondering: Why can’t we play hardball, too?

Moderate Republicans and House members in districts that are either generally competitive or which Hillary Clinton carried in the 2016 presidential election are starting to grow frustrated with the effectiveness of groups like the House Freedom Caucus in influencing legislation, often by withholding their votes as a bloc until demands are met.

“Yes,” Florida Republican Rep. Carlos Curbelo said with exasperation when CNN asked Wednesday if the time had come for centrists to borrow tactics from the far right.

“We cannot be spectators here,” Curbelo said. “Other groups have used their leverage to influence the process, and we must do so as well, especially when there are 800,000 lives which could be radically changed for the worse if we don’t take care of (DACA).”

“I think last night’s election’s going to cause a lot of people to re-think where we are and what we’re doing,” said New York Republican Rep. Pete King of Democrat Doug Jones’s victory in Alabama.

While the current focus is on passing tax reform, one Republican staffer said patience could be limited once it’s dispensed with, as vulnerable moderates are frustrated with being forced to take tough votes seen in many cases as messaging exercises to appease the conservative base.

“It’s the moderates who are going to have to run in tough elections on this sh**,” the staffer said.

But there remains skepticism that, despite the frustration, moderates can hold together as a group the way conservatives have been able to do, or are willing to stomach the tough tactics the right flank employs.

The conservative House Freedom Caucus, for example, almost tanked a procedural measure on tax reform in a public show of force on the House floor earlier this month to send a message to Speaker Paul Ryan about year-end funding.

And according to a Republican source, rumors have been building around the Capitol that the farther right lawmakers are prepared to challenge Ryan’s speakership immediately if he calls a stand-alone fix for DACA to the floor.

Nearly three dozen moderates, on the other hand, sent a carefully worded letter to Ryan urging him to move on a fix for DACA, which protects young undocumented immigrants brought to the US as children, by the end of the year, without making any concrete threats to withhold any votes on government funding.

Curbelo has committed to oppose government funding without clear progress toward a DACA fix, and is urging fellow Republicans to do the same.

Pennsylvania Rep. Charlie Dent, a moderate Republican who has decided to not seek reelection, said he agreed with Curbelo that a DACA fix should go on an upcoming must-pass bill, though it could potentially be in January.

“The power of 25 here can force a lot of things,” Dent said, referring to the GOP margin of the majority in the House. “And Freedom Caucus has been effective at it, they can put their votes together, and we need to do that from time to time, (though) we need to pick our fights carefully.”

But one conservative Republican source noted that moderates have always had difficulty being as united as more conservative groups. That sentiment was echoed by King, who referred to the group that former House Speaker John Boehner once called “legislative terrorist(s)” as “crazies” even as he distanced himself from moderates.

“I consider myself actually a blue-collar conservative, I’m not really in the moderate wing, I’m just against some of the crazies,” King told CNN, speaking of his unsuccessful fight against the GOP tax bill he sees as devastating for his state. “It’s hard to unify everybody.”

Some moderates gave credit to the Freedom Caucus, saying their effectiveness should only be a source of inspiration.

“I don’t fault anybody for doing what they believe is best in their way of representing their district,” said Washington Rep. Dan Newhouse, who helped organize the DACA letter. “I respect that. …(But) it’s also incumbent upon me to do the same thing.”

2) How Will Dems Negotiate The DACA Endgame?

http://www.cnn.com/2017/12/14/politics/daca-likely-slip-january/index.html

Democrats wrestle with likelihood DACA slips to January

Washington (CNN)Democrats are increasingly grappling with the likelihood that Congress could push a decision on a popular immigration program into January, even as they’ve spent weeks saying it should be dealt with by the end of the year.

“To some extent, yes,” Congressional Hispanic Caucus member and Arizona Democrat Rep. Raúl Grijalva said Thursday on Capitol Hill when asked if there’s a growing realization that the issue will likely slip to January.
“Some of us are holdouts, but if you talk about reality, yeah,” he continued. “I mean, if leadership is not pushing it, they’re not holding the line with members and we have a CR that includes (children’s health funding), which is really, really important, funding for community health centers, then not seeing it before the end of the year becomes more and more precarious.”
Democrats and even some Republicans have not given up on trying to get done a deal to maintain a version of the Deferred Action for Childhood Arrivals program, which protected young undocumented immigrants brought to the US as children from deportation but which President Donald Trump has opted to terminate.
Advocates note the issue is more urgent than portrayed by the administration. More than 20,000 DACA recipients either did not renew or were rejected in the window the government offered, meaning more than 100 lose their status every day before the March 6 deadline the administration intended to set.
close dialog
Tell us where to send you The Point with Chris Cillizza
CNN’s Chris Cillizza cuts through the political spin and tells you what you need to know
By subscribing you agree to our
privacy policy.

But even as negotiations continue and intensify on both sides of the Capitol to reach a bipartisan compromise on the issue, the likelihood of being able to pass something by the end of the year is rapidly slipping away.
Illinois Sen. Dick Durbin, the No. 2 Democrat, hosted a meeting of the Senate negotiators on Thursday afternoon, including Republicans Lindsey Graham, James Lankford, Cory Gardner, Jeff Flake and staff from Sen. Thom Tillis. But all exiting the meeting said while negotiations progressed, no break-throughs have been reached yet. And while some wouldn’t rule it out as a possibility, none expressed much optimism it could be done by the end of the year.
“It’s starting to take form, but we’re still negotiating,” Durbin said.
Tillis, R-North Carolina, said earlier Thursday that negotiators are working on a consensus on how to handle the DACA component of the deal, reconciling different bill approaches that are out there.
“What we’re trying to do is figure out where we have common ground there,” Tillis said. “But we’ll be reaching a point pretty soon to where we have to have a discussion about chain migration, which is very important, the President’s told us, and border security and other things. I would say when we talk about ‘we’re close to an agreement,’ we’re only talking about one half of the broader agreement, so maybe we’re a third of the way there.”
“I think people are having good faith discussions,” he continued. “I can’t imagine it being done by year end.”

Strategic maneuvering

Democrats know that their greatest leverage for many of their priorities is on government funding, which expires a week from Friday. Republicans will likely need Democratic votes to pass a full year of funding, in the Senate and likely in the House where budget hawks traditionally reject domestic spending levels.
But they also have a laundry list of priorities for negotiation, including an overall deal on domestic spending, community health centers, children’s health insurance, pensions and immigration. And five legislative days before funding runs out.
The current plan, according to multiple lawmakers and aides, is for the House to pass a bill that would fund defense for a year, reauthorize children’s health insurance, and punt the rest into January. That bill is dead on arrival in the Senate, where 44 Democrats have gone on record opposing it. The belief is that the Senate will send something back to the House, likely with Obamacare payments or possibly just a short-term funding extension into January. All the while, parties negotiating a DACA deal in both chambers remain optimistic about the progress of talks.
Such a plan could squeeze Democrats, especially in the Senate, to weigh rejecting an opportunity to keep negotiating and risk the government shutting down, or to hold out for more offers from Republicans.
It’s possible that a short-term extension could pass the House without Democratic votes, taking pressure of House Minority Leader Nancy Pelosi, who with her caucus has been more vocal about rejecting anything that doesn’t include DACA by the end of the year. House Freedom Caucus Chairman Mark Meadows said many of his members, who are the more troublesome Republicans for the party on funding, could support a punt.
“If it’s just looking at a (continuing resolution) that gets us to January 19 where we can negotiate on a bigger omnibus, I think most of my members will support that,” Meadows, R-North Carolina, told reporters Thursday. “There are some who won’t, but most would be supportive of that.”
In the Senate, Democratic aides believe that January could be an option. They feel there would be no need to force a bad deal now, if a good deal is still attainable in a few weeks’ time. Senators have also been more cautious than their House colleagues.
“I’m hopeful that it will happen. And we’re not there yet on what will happen if it doesn’t happen,” Hawaii Sen. Mazie Hirono said at a press conference Thursday about pushing for all of Democrats’ priorities by the end of the year, asked whether members would reject a deal to keep making progress on some issues.

Warnings to Democratic leadership

Still, Democrats are warning their leadership that they can’t appear to surrender.
“I think there is a Plan A, a Plan B, a Plan C, a Plan D and a Plan E in the House, I can see that there are more heightened negotiations in the Senate, and I’m dedicated to working 24/7 and I have to say my caucus has been doing that,” Congressional Hispanic Caucus Chairwoman Michelle Lujan Grisham said Thursday. “We want something to vote on next week, and we are making that clear to leadership. … So I think we have to stay the course and any conversation that we can wait even 15 days is cruel, unjust, wrong and there’s real harm.”
“I’m not ready to wave the white flag and say let’s see what happens,” Grijalva echoed. “I think the pressure has to be constant on this thing or it will fail.”
The deputy chair of the Democratic Party, Minneosta Rep. Keith Ellison, said Democratic leadership should know that the party base will not accept less than a full fight.
“My advice to anybody in leadership in the House of Representatives is we better do everything imaginable to deliver on DACA or we better we be visibly shown to have done every single thing that could be done,” Ellison said. “Our grassroots base is expecting us to deliver on DACA, and that’s it. … I feel so strongly about this. We cannot fail on this.”

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

Tal is amazing! As you probably can tell, I’m a big fan of her reporting: Timely, informative, balanced, easy to read. I’m glad she is on the CNN “immigration beat” — particularly for the “Dreamers” story which is so critical to the fate of our nation (not to mention the Dreamers).

The “Freedom Caucus” is in fact the “Bakuninist Wing” of the GOP: Out to destroy American Government and perhaps take the world with it. They are an existential threat to every American, nearly on the same level as the Trump Administration itself.

Somewhere, Mikhail Alexandrovich Bakunin –– the “Grandaddy of all Anarchists — must be smiling at how these “valueless bad dudes” can actually “con” constituents into voting for their own (and everyone else’s destruction). Of course, on the way to destruction, they don’t mind freeloading off the public purse. They just mind it when others get their fair share of the pie.

The Dems need to peel off enough GOP moderate support to enact a decent Dream Act. They definitely can’t go with the White Nationalist inspired — essentially racist (let’s be upfront about it) — end of so-called “chain migration.”

Chain migration is actually the White Nationalists’ misnomer for “Beneficial Family Migration” that has helped make America great and is essential to our future success. Yeah, they aren’t all White Christians who arrive with PhDs speaking English (although some family members undoubtedly fit this mold). And, that’s a good thing for both us and them that “they aren’t, and they don’t.”

While I can see a case for some additional immigration enforcement resources, increases  should be limited to technology, management improvements, and  increased legal resources for the ICE Offices of Chief Counsel.

Under NO circumstances should more immigration agents be authorized unless and until DHS improves their current hiring and training practices; abandons “Gonzo enforcement” for a rationally tailored enforcement program along the lines of other law enforcement agencies; and closes down the majority of their unnecessary, wasteful, and counterproductive “American Gulag,” starting with substandard and corrupt private immigration detention facilities.

With the border largely under control, interior enforcement without any discernible plan, rational objectives, or meaningful results, and the U.S. Immigration Courts in complete disarray under Sessions, there is no need for yet more immigration agents at present.

What on earth would they do? “Bust” more janitors, maids, landscapers, mothers, and students who are helping America? Then what? Throw them into the collapsing Immigration Courts which already have enough work for the balance of this Administration?

It’s much more likely that White Nationalists Trump, Sessions, and their cronies would build up an internal security police, to be used against America, than that additional agents would be put to any reasonable, permissible, and constructive use. It’s a prescription for disaster. And, ironically, one that should worry the GOP “Bakuninists.”  Hard to see how expanding Government domestic police resources without rational assignments or goals should be a priority for folks who want to “shrink government, then drown it in a teacup.”

And anyone who says that the so-called “Trump Executive Orders” (an exercise in “Gonzo racist irrationalism” if I’ve ever seen one) is some sort of “reasonable blueprint” has been smoking some stuff stronger than can legally be bought in Colorado. Yeah, Trump can issue any Executive Order he wants to. But, he can’t fund most of his unnecessary initiatives without Congressional permission. This is Congress’s chance to force some rationality back into the U.S. Immigration enforcement system, which has taken a decidedly irrational, racist, and xenophobic turn under Trump and Sessions.

PWS

12-14-17

THIRD WORLD AMERICA! – THE ATTACK OF THE SWAMP RATS! — Under Trump’s GOP, Americans Now Correctly View White House As The Most Corrupt Institution — But, Who Are The Fools Who Voted These Immoral Jokers Into Control?

https://www.washingtonpost.com/news/josh-rogin/wp/2017/12/12/report-americans-view-trump-white-house-as-the-most-corrupt-government-institution/

Josh Rogin reports in the Washington Post:

“Almost half of Americans believe that corruption is pervasive in the White House under President Trump, a sharp increase over last year, according to a new survey. Americans now see Trump and his top officials as the most corrupt public officials in government, despite his campaign pledge to drain the swamp.

A new report out Tuesday compiled by Transparency International, the leading nonprofit organization tracking corruption worldwide, shows Americans have significantly lost faith that their government is ably fighting corruption, compared to last year. Overall, Washington-based government institutions are viewed by Americans are more corrupt than those outside the Beltway, the report found. But the Trump White House tops the list.

According to the group’s 2017 U.S. Corruption Barometer, 44 percent of respondents said that most or all of the officials in the office of the president are corrupt, up from 38 percent at the end of Obama’s second term.

Members of Congress are seen as the second most corrupt group of government officials of the nine categories in the survey, with 38 percent of Americans viewing them as mostly or all corrupt. After that, Americans perceive corruption as pervasive in non-White House government officials, business executives, local officials and business leaders in decreasing proportions. Only 16 percent of respondents viewed judges and magistrates as mostly or all corrupt, according to the data.

Meanwhile, 69 percent of respondents said the U.S. government is fighting corruption “fairly badly” or “very badly,” up from 51 percent in 2016. More than half of respondents said people don’t report corruption due to fear of retaliation.

Transparency International defines corruption as “the abuse of entrusted power for private gain.” Key issues within that definition include the influence of wealthy individuals over government, “pay for play” politics, revolving doors between government and corporate entities and the abuse of the financial system by elites.

The perception of Trump and his top officials as being corrupt is easy to understand. Trump and his family have scores of well-documented conflicts of interest they have dealt with in an opaque manner. Meanwhile, Trump’s failure to divest fully from his businesses, combined with his failure to release his tax returns, has fueled suspicions.

The phone survey, performed by the company Efficience3, included interviews of 1,005 randomly selected Americans in October and November. The data were weighted to be demographically representative of all American adults by age, race, gender, urbanization, social grade and ethnicity.

Zoe Reiter, Transparency International’s U.S. representative, said that the study was meant to form a basis for understanding how government is failing to uphold high anti-corruption standards and provide a call to action for Americans to respond. She pointed out that 74 percent of respondents said they believed ordinary people still can make a difference.

“The good news is a majority of Americans feel empowered to fight corruption,” she said. “Since our elected officials are failing to deliver, we need to figure out a way to push them much harder to take these issues more seriously.”

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

Read the rest of the article at the link.

There is some disconnect here, because some of the folks who now are concerned about corruption voted for Trump and the GOP, despite more than ample public evidence of his endemic dishonesty, congenital lying, incompetence, and general immorality. Garbage in — garbage out!

But, the answer to the problem is still pretty obvious:

  • Vote Trump and his corrupt cronies out of office;
  • Dismantle the current version of the GOP, which has become an “aider and abettor” of corruption, greed, immorality, and bad government.

Yes, we could and should have a viable two-party system. But, no major party should include horrible immoral individuals like Donald Trump, “Ayatollah Roy,” Steve King, Stephen Miller, or Steve Bannon whose views are deeply Anti-American and threatening to our continued existence as a nation and to the entire free world!

PWS

12-12-17

 

EXPOSED! — AILA’S JOHNSON SHOWS HOW “GONZO” INTENTIONALLY MISUSES DATA TO CREATE A FALSE ANTI-ASYLUM, ANTI-LAWYER NARRATIVE TO CONCEAL THE REAL GLARING PROBLEM DRIVING US IMMIGRATION COURT BACKLOGS — AIMLESS DOCKET RESHUFFLING (“ADR”) DRIVEN BY POLITICOS ATTEMPTING TO STACK THE COURT SYSTEM AGAINST DUE PROCESS AND TILT IT IN FAVOR OF DHS/ADMINISTRATION ENFORCEMENT INITIATIVES!!!!!!! — SURPRISE — By Far The Biggest Increase In Continuances Comes From DHS & EOIR Itself!

http://www.aila.org/advo-media/press-releases/2017/ag-sessions-cites-flawed-facts-imm-court-system

From AILA Executive Director Ben Johnson:

“Once again, the Attorney General cites flawed facts to castigate the immigration bar for the significant case backlog and inefficiencies in our immigration court system,” said Benjamin Johnson, AILA Executive Director. “He blames immigration attorneys for seeking case continuances, disregarding the fact that continuances are also routinely requested by counsel for the government, or are issued unilaterally by the court for administrative reasons. In fact, although the report cited by the Attorney General indicates an 18% increase in continuances requested by respondents, that same report found a 54% increase in continuances requested by the Department of Homeland Security (DHS), and a 33% increase in ‘Operational-related’ continuances. That said, continuances are often a necessary means to ensure due process is afforded in removal proceedings. The number one reason a continuance is requested by a respondent is to find counsel. Other reasons include securing and authenticating documentary evidence from foreign countries, or to locating critical witnesses. And when the government refuses to share information from a client’s immigration file and instead makes them go through the lengthy process of a Freedom of Information/Privacy Act request, a continuance is often a client’s only lifeline to justice. For the AG to blame immigration lawyers for imagined trespasses is both malicious and wrong. We will not let that misinformation pass without setting the record straight.

“The immigration court backlog is a function of years and years of government spending on enforcement without a commensurate investment in court resources. Our nation would be better served if the immigration courts were an independent judiciary, free from the auspices of the Department of Justice, where every immigrant has access to counsel. Immigration court is not small claims court or traffic court; each decision has the potential to tear apart families or keep them together, to destroy businesses or build our economy, to send someone back to certain death, or bring hope for a new and better life. Immigration judges should make those decisions with all information at hand, without any undue influence or arbitrary case completion requirements. That is a goal we can all work toward.”

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

Sure matches my observations from the latter part of my career at the U.S. immigration Court in Arlington, VA!

Probably 75% of the cases on my “Non-Detained Docket” were there NOT at the request of a respondent or his or her attorney. No, they were “mass transferred and continued” to my docket unilaterally by EOIR to fulfill “Border Priorities” established by the DOJ during the Obama Administration as an adjunct to changing DHS Enforcement priorities.

And, these weren’t “short continuances” to find a lawyer or prepare an application as might be requested by a respondent or a private bar lawyer. NO, these were “Merits Hearing” cases that had often been set for late 2016 or 2017 hearings before one of my colleagues, only to be “continued” by EOIR to my docket for dates many additional years in the future. Indeed, many of these cases were unilaterally removed by EOIR from “Individual Dockets” and “orbited” to my “Master Calendars” (arraignments) years in the future — indeed years after I would be retired. That’s because my docket was already completely full for several years when this chapter of ADR started.

And the same was true for my colleague Judge Lawrence O. Burman. Indeed, at the time I retired, Judge Burman and I were the ONLY judges hearing “nonpriority, non-detained cases” — even though those cases were BY FAR the majority of cases on the Arlington Court Docket. And, to make things worse, my “replacement” retired at the end of 2016 thus resulting in a whole new “round” of ADR. 

Talk about ADR driven by incompetent administration and improper political meddling from the DOJ. And, from everything “Gonzo” has said and I have heard about what’s happening at EOIR, such impropriety has become “normalized” under the Trump Administration.

No court system can run efficiently and fairly when the perceived interests of one of the parties are elevated over fairness, Due Process, equal justice, and reaching correct decisions under the law. No court system can run efficiently and fairly when control over day-to-day dockets is stripped from the local US Immigration Judges and Court Administrators and hijacked by officials in Washington and Falls Church driven by political performance objectives  not by practical knowledge and day-to-day considerations of how to construct and run a docket for maximum fairness and efficiency under local conditions (the most important of which is the an adequate number of pro bono lawyers to represent respondents).

NO OTHER MAJOR COURT SYSTEM IN AMERICA OPERATES THE WAY EOIR DOES! THAT SHOULD TELL US SOMETHING!

So, why is “Gonzo Apocalypto” being allowed to get away with misrepresenting the facts and intentionally running the Immigration Court system for the perceived benefit of one of the parties and against the interests of the other? There is a simple term for such conduct: Ethical Misconduct. Usually, it results in the loss or suspension of the offender’s license to practice law. Why is Gonzo above accountability?

PWS

12-12-17

LAW YOU CAN USE: HON. JEFFREY CHASE ANALYZES EFFECT OF SENDING CHILDREN TO COUNTRY OF ASYLUM – POTENTIALLY PROBLEMATIC, BUT NOT NECESSARILY FATAL!

https://www.jeffreyschase.com/blog/2017/12/8/the-impact-of-returning-children-on-well-founded-fear

The Impact of Returning Children on Well-Founded Fear

I received a request to discuss the following hypothetical: an asylum-seeking couple has a U.S. citizen child.  Because of the need for both parents to work, they send the child to their country of origin.  The question is what impact the asylum seekers’ decision to send the child to the country of feared persecution has on their well-founded fear of persecution.  If the asylum claim is based on past persecution, does the decision in any way rebut the presumption of a future fear of persecution?  In claims based solely on prospective persecution, does the decision impact whether the parents have a genuine subjective fear of persecution?

  1. Applicants who suffered past persecution

Where the parents suffered past persecution, the sending of the child to the parents’ country of origin does not rebut the presumption of future fear as a matter of law.  8 C.F.R. § 1208.16(b)(1)(i) provides two ways in which the presumption may be rebutted: through a showing (by a preponderance of evidence) of (1) “a fundamental change in circumstances such that the applicant’s life or freedom would not be threatened,” or (2) the applicant’s ability to avoid the threat of future harm by relocating to another part of the country.  I am not aware of binding case law addressing children sent to the country of origin.  However, circuit case law has considered the return of the asylum seekers themselves.  In Kone v. Holder, 596 F.3d 141 (2d Cir. 2010), an immigration judge had ruled that the asylum seeker’s own return to the country of origin rebutted the presumption of well-founded fear arising from the past persecution.  The circuit court reversed, noting that the IJ’s “cursory analysis” failed to make a finding of either a fundamental change in circumstances or the possibility of internal relocation as required for a rebuttal finding by 8 C.F.R. §1208.16(b)(1)(i).  The circuit court thus concluded that the IJ’s finding “suggests the erroneous belief that voluntary return trips are sufficient, as a matter of law, to rebut the presumption of future persecution to which [the asylum seeker] is entitled.”  The court referenced the Ninth Circuit’s decision in Boer-Sedano v. Gonzales, 418 F.3d 1082.  In that case, the Ninth Circuit held that “the existence of return trips standing alone” could not rebut the presumption; such return trips could be considered “as one factor, among others, to rebut the presumption.”

If the presumption of well-founded fear is not rebutted by the return of the asylum seeker, it certainly is not rebutted by the return of the child.  The decision to send the child, and the manner in which the child was treated, could be considered as a possible factor in determining whether a fundamental change in circumstances occurred or the possibility of internal relocation exists.  However, it is a factor that must be considered in the context of the feared harm.  For example, where the feared persecution is specific to the asylum applicant alone, or of a type that could not be visited on the child (i.e. the return of a male child where the feared harm is female genital cutting or forcible abortion), the return is not likely to have much significance.  But the factfinder may find greater meaning where the claimant fears widespread attacks on members of her race, tribe, or religion, yet sends a child possessing the same trait to stay with family members similarly at risk.

However, even then, the courts have looked at the specific circumstances involved.  In Mukamusoni v. Ashcroft, 390 F.3d 125-26 (1st Cir. 2004), a rape victim returned to Rwanda to pursue the free education available to her in that country; after departing, she returned one more time to obtain her transcript to allow her to continue her studies in the U.S.  The court concluded that under the circumstances, the returns did not undermine the applicant’s claimed fear of future persecution, noting that “[f]aced with no viable means of support otherwise, people take risks in the face of their fears.”

2.  Applicants whose fear is prospective only

The USCIS Asylum Officer Training materials on “well-founded fear” do not mention the return of children.  However, they do address two related topics:  the impact of the return of the asylum seeker him/herself to the country of feared persecution; and the persecution (or lack thereof) of individuals closely related to the applicant.  Regarding the former, the USCIS materials rely on circuit court decisions to conclude that whether the applicant’s own return indicates a lack of subjective fear of persecution or alternatively “does not necessarily defeat the claim” is circumstance-specific, and depends on why the applicant returned, and what occurred when they did.  See USCIS, RAIO Combined Training Course, Well-Founded Fear Training Module (June 15, 2014) Section 9, pp.22-24.  The USCIS training materials note that the Ninth Circuit has held that the return of an asylum seeker “did not undercut the genuineness of her fear” where the purpose of the return was to retrieve her child after the death of the child’s custodian, or, in another case, to aid his uncle and sister who had been arrested.  Id. at 22.  The USCIS materials also look to what happened upon the asylum seeker’s return.  The materials reference yet another Ninth Circuit case, Karouni v. Gonzales, 399 F.3d 1163 (9th Cir. 2005), in which an asylum applicant returned once to his country to attend to his dying father, but cut his trip short because of his fear of persecution, leaving before the father’s funeral.  The applicant returned a second time to attend to his dying mother, but had to delay the trip due to a fear of persecution so that he did not return until the mother had already passed away.  The court concluded that these visits did not undermine the applicant’s fear.

Regarding the treatment of relatives, the USCIS training materials provide a hypothetical in which an asylum applicant’s sister is arrested based on her political opinion.  The materials state that such arrest should be considered in determining the applicant’s own fear where, e.g. the sister lived in the same city and was active in the same political party as the applicant.  However, the sister’s arrest need not be considered if the two were not close, lived in different regions, and were not members of the same party.  See Id. section 6, pp. 18-19.

In transposing this approach to the example of children sent to the country of feared persecution, the inquiry would be into whether a connection exists between the child and the applicant’s reason for fearing persecution.  When I was an immigration judge, ICE trial attorneys would sometimes comment in such cases that “no refugees sent their children back to Nazi Germany.”  Of course, if the asylum applicant based his or her fear on a comparably extreme situation, i.e. that anyone who was a member of their race, nationality/ethnicity/tribe, or religion would be at grave risk, and that family remaining in the country were hiding in fear of discovery, then sending one’s child back to that country to stay with those relatives could open an inquiry into whether the applicant possessed a genuine subjective fear of persecution.  However, where that is not the basis of the fear, the question would be what, if any, risk extends to the child?  Furthermore, even if such risk was found to exist, as noted above, the reason for sending the child would be weighed against the risk.  Whether the feared persecutors were aware of the children’s return, and if so, what their reaction was might also be considered, depending on the specific circumstances.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

 

fullsizeoutput_40da.jpeg

Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

Blog     Archive     Contact

Powered by Squarespace

PREVENTABLE HUMAN DISASTER: THE WANTON CRUELTY, WASTEFULNESS, & TOTAL STUPIDITY OF THE TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT PROGRAM PORTRAYED IN GRAPHIC HUMAN TERMS — The Damage To America Of Mistreating Our Families & Our Citizen Youth Will Long Outlive The Misguided Officials Carrying It Out!

https://www.washingtonpost.com/classic-apps/deported-divided-how-a-moms-return-to-el-salvador-tore-her-family-in-two/2017/12/08/70f81724-9a37-11e7-87fc-c3f7ee4035c9_story.html

Maria Sacchetti reports in the Washington Post:

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

 

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

Maria Sacchetti reports in the Washington Post:

“Cruz Mendez, 30, made this trip in reverse when she was 18 years old, skipping her high school graduation to flee a neighborhood man who had harassed her in San Salvador. She was detained at the U.S.-Mexico border, released and allowed to join her brother in Virginia. Two months later, an immigration judge in Texas ordered her deported. Cruz Mendez says she never knew about the hearing.

In Fairfax, she was crowned beauty queen at a local Salvadoran festival and met Rene Bermudez, a hazel-eyed laborer who worked construction.

Steve was born in 2007, Danyca in 2012.

Late in 2013, police stopped Cruz Mendez for failing to turn on the lights on her minivan and charged her with driving without a license, an arrest that alerted federal agents to her old deportation order.

While President Barack Obama deported high numbers of undocumented immigrants during parts of his tenure, parents of American citizens with little to no criminal record were not priorities for expulsion. So officials released Cruz Mendez with orders to stay out of trouble and check in with them once a year.

But under President Trump, who campaigned on a promise to crack down on illegal immigration, anyone here without papers can be expelled.

Interior deportations — of people already living in the United States, as opposed to those caught crossing the border — have risen 37 percent since Trump took office. Deportation arrests of non-criminals such as Cruz Mendez — many, like her, with children who were born in this country and are U.S. citizens — surged past 31,000 from inauguration to the end of September, triple the same period last year.

On the May morning when she was scheduled for her yearly check-in, Cruz Mendez lingered in the apartment, which she’d decorated with family photographs, Danyca’s art projects and Steve’s citizen-of-the-month award from elementary school.

She considered the possibility of skipping the check-in, aware of other longtime immigrants who had been deported after similar appointments. But she could not fathom life as a fugitive. Worried, Bermudez warned her that she was going to be late.

“Why are you trying to turn me over so fast?” Cruz Mendez snapped in Spanish.

She eventually walked into the immigration agency’s Fairfax office, accompanied by advocates and loved ones. Agents took her into custody as her supporters shouted.

For a month, her husband and lawyers fought to free her. Steve tried, too, writing letters to Immigration and Customs Enforcement that were full of pleas and questions.

“Plz don’t deport my mom,” one of the letters said.

Who will take me to the doctor, the dentist? Who will take care of me and my sister? Who will I live with?

It didn’t work. On June 14, they sent her back. Bermudez and the kids filled a giant cardboard box with her dresses and shoes, pots and pans, and placed it by the front door, waiting for a courier to take it away.

Steve Bermudez, 10, wrote immigration officials in May to ask them not to deport his mother. For a month, Cruz Mendez’s husband and lawyers fought to free her and stop the deportation. (Sarah L. Voisin/The Washington Post)

Steve looks out the window of the bedroom he used in his mother’s childhood home in El Salvador. The sign advertises fruit and vegetables his family sells. (Sarah L. Voisin/The Washington Post)
‘How can I go?’
Deportations can shatter a family or a marriage. In one study of the aftermath of six immigration raids, family income dropped an average of 70 percent. Another study, of U.S.-born Latino children, found that those whose parents had been detained or deported experienced significantly higher post-traumatic stress disorder symptoms than their peers.

“That child’s more likely to be poor. They’re more likely to be depend on public benefits,” said Randy Capps, U.S. research director for the Migration Policy Institute. “And then psychologically, you just don’t know. There could be an immediate impact; it could be a long time before that psychological impact shows up.”

In the Falls Church apartment, Steve and Danyca cried all the time after Cruz Mendez was deported. No one wanted to eat.

. . . .

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.“

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

Read Maria’s entire story of this grotesque failure of responsible government, common sense, and human decency at the link!

THE GHOST OF CHRISTMAS FUTURE

What kind of country abuses its youth  — our hope for the future —  this way? What kind of county wastes its human capital and potential in this manner? What kind of country empowers leaders who are intentionally cruel, immoral, dishonest, and stupid? What kind of country intentionally turns valued friends and positive contributors into potential disgruntled enemies?

This is the way that a once great nation transforms itself into an “overstuffed banana republic!”

But, it’s not yet too late to change the grim vision of “Christmas Future” being promoted by Trump, Sessions, Kelly, Homan, Bannon, Miller, and their cronies. We can resist the horrible policies of the Trump Administration in the courts of law and the courts of public opinion! Ultimately, totally unqualified officials like Trump, Sessions, and their White Nationalist cronies — who are plotting the end of America as we know it — can be defeated at the ballot box and removed from office.

But, there will come a “point of no return” when the damage done by these corrupt individuals and their enablers (both willing and unwitting) cannot be undone! Are we as smart, human, and capable of leaving behind selfishness and embracing decency and human kindness as Ebineezer Scrooge? Or will the Ghost prove to be the Prophet in this version of the Christmas Carol?

PWS

12-09-17

WASHINGTON POST – “GOOD STUFF” ABOUT THE “REAL AMERICA” FROM LETTERS TO THE EDITOR

Immigrants reflect what makes America great


A newly naturalized citizen holds an American flag during at the Atlanta office of the U.S. Citizenship and Immigration Services in 2016. (Kevin D. Liles/For the Washington Post)
December 6
I applaud the strong statement in The Post’s Dec. 4 editorial “An attack on America.” I agree that the “president’s immigration policies are neither an embrace of legality nor in the national interest.”

This past year, I suffered a mild stroke, and through the swift actions of staff at the Virginia Hospital Center in Arlington, I have thankfully recovered. The staff helped me cope and persist. The cultural diversity of the staff reflected the America I cherish. We are already great because of the gifts such people bring to our shores. Everyone in our country deserves the care I received, not just those of us who are privileged.

I am deeply appreciative to all who administered compassionate care with skill and consistency at that hospital and who represent the many sons and daughters of immigrants to whom we should be thankful — not only those who work in our fields, construction sites, kitchens and bathrooms but also those in the corridors and labs in our hospitals and by the bedside of a frightened patient.

I write this letter also on behalf of the hundreds of immigrants who fill the pews each week in the National Capital Presbytery, where I am a moderator, and who remind us of their gifts and deeply religious and faithful commitment to the well-being of all.

William Plitt, Arlington

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

Yup, I had the same thoughts about the nice folks who took care of my Dad during his years in a retirement home and the great surgeon who repaired my broken ankle in Maine this summer.

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

The ‘dreamers’ emergency


A woman holds up a sign outside the U.S. Capitol in support of the Deferred Action for Childhood Arrivals (DACA) program on Tuesday in Washington. (Jacquelyn Martin/Associated Press)
December 6
Regarding Paul Kane’s Dec. 3 @PKCapitol column, “Republicans savor a win that could be swept aside by shutdown negotiations”:Senate Majority Leader Mitch McConnell (R-Ky.) said there is no need for action on the Deferred Action for Childhood Arrivals program because it is not a crisis or an emergency. Really, is that his management style?Maybe that’s why Congress can come up with money for hurricane recovery but not to help people to move out of houses that flood repeatedly. Still, it seems that about 690,000 people not knowing what is going to happen to them in three months is at least as much of an emergency as the need for a deficit-financed tax cut for a nation with a booming economy and a $20 trillion debt.

Mike Zasadil, Silver Spring

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

It’s all about priorities, Mike. For the GOP, greed, selfishness, and rewarding the rich are where it’s at. Human needs and the rest of the populace, not so much. It’s not going to change until those of us who believe differently throw the GOP out of power at the ballot box.

PWS

12-08-17

ATTN “COURTSIDERS” – HEAR ME “LIVE” ON RADIO IN RICHMOND, VA, THE INTERNET, AND FACEBOOK TOMORROW, FRIDAY, DEC. 8, 2017!

I’ll be on two local radio shows hosted by Richmond Attorney Pablo Fantl tomorrow.

Both are am radio stations, and are available online.  They also will broadcast on Facebook Live, and will be available in the archives afterwards.  I will post links on immigrationcourtside.com once the recordings are available.

From 11:30-12:30     Radio Poder 1380 am   http://www.wbtk.com/

From 1:00-2:00         Maxima 1320 am          https://maxima1320.com/

These are programs directed at informing the Hispanic community in Richmond. Although I’m not bilingual, Pablo has promised excellent interpretation services. And, gosh knows, I’m pretty used to being translated into many languages from my days on the immigration bench.

Hope you’ll “tune in!”

PWS

12-07-17

 

 

BATTLE OF THE PUNDITS: RAPPAPORT V. LITHWICK – NOLAN SAYS “If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.” – DAHLIA SAYS “Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.” – YOU DECIDE!

http://thehill.com/opinion/immigration/363473-with-travel-ban-scotus-can-correct-lower-courts-anti-trump-bias

Nolan writes in The Hill:

“According to Eric Posner, a professor at the University of Chicago Law School, the lower U.S. courts have created a “Trump exception” to settled law on presidential powers with their travel ban decisions. They have ignored the Supreme Court’s admonition that courts may not “look behind” a “facially legitimate” reason for an executive order, which in these cases was a national security interest in stricter vetting.

Trump appealed to the Supreme Court, but his case became moot when he replaced the temporary travel ban with a permanent program with the Presidential Proclamation he issued on September 24, 2017, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”

When fourth and ninth circuit courts enjoined implementation of his proclamation, he went back to the Supreme Court. On December 4, 2017, the Court ordered stays of the fourth circuit and the ninth circuit injunctions.

The Court did not state its basis for granting Trump’s stay request in either decision, but stays are not granted for meritless cases. I expect Trump to prevail on the merits of his case.

. . . .

He [Judge Derick Watson of the USDC in Hawaii] goes on to say that nevertheless “any reasonable, objective observer would conclude … that the stated secular purpose of the Executive Order is, at the very least, ‘secondary to a religious objective’ of temporarily suspending the entry of Muslims.” This “assessment rests on the specific historical record,” which “focuses on the president’s statements about a ‘Muslim ban,’” including on the campaign trail.

If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.”

Go on over to The Hill at the link to read Nolan’s complete article! I note that Nolan’s article is also posted on SCOTUSDaily. Here’s the link:

SCOTUSDaily pdf

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

https://slate.com/news-and-politics/2017/12/the-new-travel-is-an-abomination-why-have-we-stopped-caring.html

Meanwhile, Dahlia Lithwick writes in Slate:

“Way, way back in February, a three-judge panel of the United States Court of Appeals for the 9th Circuit heard oral arguments in State of Washington v. Trump, the first iteration of the first appeal of the first attempt at Donald Trump’s travel ban. This version was a hastily executed implementation of the president’s promise to create a Muslim ban, signed on Jan. 27, just a week after Trump took office.

America was riveted, listening eagerly to arguments broadcast without images and parsing—or trying to parse—complicated appellate questions about standing, and justiciability, and religious animus. As the court ultimately found—before this first version was pulled from commission and replaced with a new one—Trump’s ban trampled over all sorts of due process rights.

Almost a year later, a different panel of the 9th Circuit heard on Wednesday a different oral argument, about a third iteration of a Trump executive order limiting immigration from some majority-Muslim countries. This one, though, was offered without the glare of national media and by seemingly worn-out advocates. More than anything, the argument was reminiscent of one of those old-timey dance marathons, in which weary partners pushed one another around a high school gymnasium in the futile hope that anything might still matter.

Wednesday’s effort made the second argument about the very same issuesfrom May seem positively zippy (May? Remember May??). But here we are in December, and the travel ban has been sanitized and then sanitized again. The current version, announced in September, targets 150 million travelers from Muslim-majority countries Chad, Iran, Libya, Somalia, Syria, and Yemen, as well as the non–Muslim majority outlier North Korea along with some Venezuelan government officials. It was promptly blocked by judges before it went into effect, and on Monday the Supreme Court allowed it to go forward for the time being, warning the appeals courts that they had better rule quickly.So here in December, it is now being defended by seemingly competent counsel, despite the fact that—if one noticed such things anymore—the president was tweeting Muslim revenge porn only a week ago.

. . . .

We should all possibly care about travel ban 3.0 and its cretinous defenders a whole lot more than we apparently do, simply because it’s permanent, it’s nearly as bad as the original, and the Supreme Court appears inclined to tolerate it. Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.

A fortiori, for the record, means an argument made with greater reason or more convincing force. Who knew that something so grotesquely cynical and cruel as this travel ban could become a fortiori, just from sheer wariness, repetition, and fatigue?”

Read the rest of Dahlia’s article over at Slate at the above link.

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

Clearly, “different strokes for different folks!” But, we all have a stake in this one way or the other!

Interestingly, Nolan and Dahlia appear to agree on one thing: the Supremes (or at least a majority of them, excluding Justices Sotomayor and Ginsburg who dissented from the dissolution of the stay) have signaled that they are ready to “greenlight” Trump’s “Travel Ban 3.0.” In other words, if Trump is exceeding “political and societal norms” (which many of us think he is) ultimately it will be up to the political branches of Government and the voters, not the courts, to rein him in.

PWS

12-07-17