A PWS MINI-ESSAY: “COMPREHENSIVE YET SUPERFICIAL: NYTimes History Misses The Point Of Why The Border Continues To Vex U.S. & Kill The Most Vulnerable!“

Border Death
Something is definitely wrong with this deadly “border vision” promoted by pandering politicos and the mainstream media! Could it be reality, humanity, and opportunity? This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.

COMPREHENSIVE YET SUPERFICIAL: NYTimes History Misses The Point Of Why The Border Continues To Vex U.S. & Kill The Most Vulnerable!

By Paul Wickham Schmidt

Courtside Exclusive

January 31, 2024

Alexandria, VA. This is a long and informative article: https://www.nytimes.com/2024/01/30/us/politics/biden-border-crisis-immigration.html?smid=nytcore-ios-share&referringSource=articleShare. But, it’s not helpful if we want to bring “order to our border.”

So, let’s just focus on the real problem:

People close to Mr. Biden said he had always supported enforcing the law. Some of his top aides, such as Susan E. Rice, who served as his domestic policy adviser until last summer, and Jake Sullivan, his national security adviser, embodied that tough-minded approach.

“Migrants and asylum seekers absolutely should not believe those in the region peddling the idea that the border will suddenly be fully open to process everyone on Day 1,” Ms. Rice had said early on in Mr. Biden’s presidency.

Contrary to these border myths, which the NYT article does not really adequately take on, “the law” requires that individuals be given a chance to apply for asylum regardless of “status” and “entry point.” Congress provided a “quick screening” process called “credible fear” to deal with “mass migration” situations.

Assuming for the sake of argument that “the law” also requires that individuals be “detained” while credible fear screening and adjudication of claims by those who pass takes place, four elements are necessary for the legal system to work in a fair and timely manner.

  1. Humane, NGO-operated reception centers, with on-site representation available, in locations preferably removed from the immediate border for screening to take place; 
  2. A huge corps of true expert Asylum Officers to do credible fear screening and outright grant clearly valid cases wherever possible; 
  3. A large corps of true expert Immigration Judges and BIA Appellate Judges to guide Asylum Officers, review their work, and, where the case can’t be granted at first instance, conduct timely full adjudication of claims for those who pass credible fear, prioritizing those claims most likely to succeed; 
  4. A functional resettlement program for those granted asylum and those whose cases require more in-depth process.

These four steps are the core of what real law enforcement at the border is all about! Prioritize them, accomplish them, and the other pieces will fall in place. 

Contrary to Susan Rice, Jake Sullivan, and what the NYT article suggests, a plan to accomplish this 1) isn’t rocket science; 2) does not require legislation; and 3) needed to be “ready to go” with dynamic, courageous, due-process-focused leadership on Day 1 of the Administration or very shortly thereafter.

As always in Government, it’s a question of priorities, courage, and leadership. Despite the “overabundance” of proven, creative legal and administrative talent then in the private sector, most of whom were available to assist Biden, the Administration was not “ready to roll” with this program on Day 1 (as Steven Miller was with his vile “kill asylum and asylum seekers” agenda). 

Sadly, even today, the Administration has not come close to putting in place any of these four critical requirements for success. It was highly predictable to any informed expert that forced migrants would continue to arrive at the border in large numbers and that GOP White Nationalists would “leverage” the Administration’s failure to achieve order at the border.

There is something else that’s completely predicable: That, if passed (a big if), the “nativist-driven compromise” now being “debated” by Congress and the Administration will NOT solve the humanitarian issue of forced migration BUT WILL create more death, trauma, and failure at the border and beyond. 

Until America elects humanitarian-focused, problem-solving leaders with the vision to regularize fair asylum processing and the courage and skills to implement it, our border will continue to be a godawful mess: Just as GOP White Nationalists want! And, the great opportunity presented by talented asylum seekers who want only to save their and their families’ lives while helping us succeed will be squandered. 

🇺🇸 Due Process Forever!

PWS

01-31-23

 

🤯🏴‍☠️🤡🤮👎🏽INCOMPETENCE WATCH: Lacking Integrity & Skills To Follow The Law, Tone-Deaf, Dangerous,  & Disingenuous Biden Immigration Officials Consider Additional Massive Violations Of Human Rights For Asylum Seekers! — ACLU & NDPA Ready To Resist Administration’s Latest Unwarranted Assaults on Human Rights, Common Sense, & Human Decency!

Stephen Miller Monster
Who would have thought that the Biden Administration would be dumb and treacherous enough to let this neo-Nazi xenophobe and refugee hater “own” human rights “policy” in a Dem Administration? But, it appears they have! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

https://www.nytimes.com/2022/12/01/us/politics/biden-immigration-asylum-restrictions.html

From Michael Shear & Eileen Sullivan the NY Times:

WASHINGTON — The Biden administration is considering substantial new limits on the number of migrants who could apply for asylum in the United States, according to people familiar with the proposal, which would expand restrictions similar to those first put in place along the border by former President Donald J. Trump.

The plan is one of several being debated by President Biden’s top aides as the country confronts a high number of illegal crossings at the border. It would prohibit migrants who are fleeing persecution from seeking refuge in the United States unless they were first denied safe harbor by another country, like Mexico.

People familiar with the discussions said the new policy, if adopted, could go into effect as soon as this month, just as the government stops using a public health rule that was put in place at the beginning of the coronavirus pandemic by the Trump administration and became a key policy to manage the spike in crossings during Mr. Biden’s tenure. A federal judge has ordered the administration to stop using the health rule on Dec. 21.

But the idea of broadly prohibiting migrants from seeking asylum strikes directly at the heart of decades of American and international law that has shaped the United States’ role as a place of safety for displaced and fearful people across the globe.

. . . .

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

Read the complete article at the link.

[U.S. District Judge Emmet ]Sullivan wrote that the federal officials knew the order “would likely expel migrants to locations with a ‘high probability’ of ‘persecution, torture, violent assaults, or rape’ ” — and did so anyway.

“It is unreasonable for the CDC to assume that it can ignore the consequences of any actions it chooses to take in the pursuit of fulfilling its goals,” Sullivan wrote. “It is undisputed that the impact on migrants was indeed dire.”

What part of Judge Sullivan’s very clear ruling on their “crimes against humanity” and knowing violations of U.S. and international law doesn’t the “Biden Administration Clown Show” 🤡 understand? Just follow the asylum law and due process, already! If you can’t do that, resign and let folks who can do the job (of which there are plenty out here in the “real world”) take over and do the job you have been failing at for two years!

In any event, the talent is out here in the private/NGO sector and will resist this latest insult to humanity and degradation of the rule of law and due process that Administration officials are “pondering!” “Studying and deciding whether or not to violate the law (again)?” Sounds like a potential criminal conspiracy to me! 

In any event, expert litigators like Lee Gelernt of the ACLU and other NDPA superstars are prepared to “beat the Biden Administration’s brains (if any) out” in court again if they try to implement any more of their illegal and immoral immigration gimmicks!

“If the Biden administration simply substitutes the unlawful and anti-asylum Trump transit ban for Title 42,” Mr. Gelernt said, “we will immediately sue, as we successfully did during the Trump administration.”

The Chair of the Senate Foreign Relations committee was also “not on board” with the Biden Administration’s latest harebrained ideas on diminishing human rights that they have substituted for basic competence over the past two years of disasters, and unforgivable policy screw-ups on immigration, human rights, and racial justice issues:

“If the reported story is true, the Biden administration would further step away from our nation’s commitment to offer refuge to asylum seekers,” Senator Bob Menendez, Democrat of New Jersey and the chairman of the Foreign Relations Committee, said in a statement on Thursday. “I will firmly oppose this misguided attempt to rewrite our asylum laws without congressional approval, just as I firmly opposed the same efforts under President Trump.”

I also have to wonder how Judge Sullivan will react when he learns how Biden Administration officials are using his “reluctantly granted” five weeks of delay in implementing his “cease and desist order.” Instead of, at long last, getting their collective tails in gear to finally put in place a competent legal system for re-establishing legal asylum at the southern border, these disgraceful petty bureaucrats and so-called “policy” officials have been scheming to evade the rule of law and commit yet more “crimes against humanity.”

The NDPA is not going to let them get away with it. Even if it means ripping apart the “so-called Democratic Coalition” going into the 2024 elections!

 

🇺🇸 Due Process Forever! Tyranny & Stupidity From either Dems or the GOP, never!

PWS

12-05-22

⚖️THE GIBSON REPORT — 10-03-22 — Compiled By Elizabeth Gibson, Managing Attorney, NIJC — Biden’s Asylum Reform Dud! — After 4 Months, Badly Flawed Program Has Protected Only 24 Refugees, As Bias, Lack of Vision, & Anti-Asylum Culture Continue To Plague Biden Administration’s Human Rights “Non-Policies!”

 


Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • ◦NEWS
  • ◦LITIGATION & AGENCY UPDATES
  • ◦RESOURCES
  • ◦EVENTS

 

PRACTICAL UPDATES

 

EOIR Updates FOIA Request Process

 

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals

 

Extension of Temporary Waiver of 60-Day Rule for Civil Surgeon Signatures on Form I-693

 

NEWS

 

Migrant deaths at the U.S.-Mexico border hit a record high, in part due to drownings

NPR: This has been the deadliest year ever for migrants trying to cross the U.S.-Mexico border. More than 800 migrants have died border-wide in the fiscal year that ends this week, according to internal government figures shared by a senior Border Patrol official.

 

Biden Is Hoping Small Changes Go a Long Way on Immigration

NYT: For now, the changes are tiny; only 99 people since the end of May have completed what are called asylum merits interviews with an asylum officer and been fully evaluated under the new rules. Of those, 24 have been granted asylum, while most of the rest have had their cases sent back to the immigration court system for an appeal.

 

Biden Maintains Current Cap on Refugee Entries

NYT: The decision to leave the cap at 125,000 was a contrast with the Trump administration, which severely restricted entry, but advocacy groups said migrants were still processed too slowly.

 

ICE Increases Use of Ankle Monitors and Smartphones to Monitor Immigrants

TRAC: The number of people in Immigration and Customs Enforcement’s Alternative to Detention (ATD) program has officially crossed 300,000 people for the first time, reaching 316,700 according to data released this week. See also The App ICE Forces You To Download; 70-hour weeks, taking selfies for Ice: life as a migrant trucker in California.

 

White House hosts meeting of 19 Western Hemisphere nations to begin coordinated efforts on migrants

CNN: National security adviser Jake Sullivan and homeland security adviser Liz Sherwood-Randall, among other White House officials, met with the representatives of 19 countries at the White House to iron out the implementation of that declaration and appoint a special coordinator for each country, according to the senior administration official.

 

Texas Jail Warden Charged With Killing Migrant Was Previously Accused Of Serious Abuses

Intercept: The Warden of what was once one of the nation’s most notorious immigration detention facilities was arrested this week after allegedly killing one migrant and wounding another in the desert of rural West Texas.

 

Immigrants Provide Huge Benefits To U.S. Taxpayers

Forbes: Compelling new research finds immigrants, including those with less than a high school degree, provide enormous fiscal benefits and a significant subsidy to U.S. taxpayers.

 

Border-crossing asylum-seekers hit six-year high in Canada

Reuters: In the first eight months of 2022, Royal Canadian Mounted Police intercepted 23,358 asylum-seekers crossing into the country at unofficial entry points, 13% more than all of 2017, when an influx of border-crossers at Roxham Road, near the Quebec-New York border, made international headlines.

 

‘Real People That We Care About Are Being Exploited’

Politico: Because cannabis remains illegal at a federal level, all employers — even those licensed at the state level — lack access to E-Verify, a government service that helps businesses verify immigration status. They also cannot use visa programs like H-2A and H-2B, which facilitate legal immigration of farmworkers in other industries… The Oregon legislature in the last 12 months set aside more than $31 million for law enforcement and advocacy groups working to combat illicit cannabis cultivation and help undocumented workers in the industry.

 

Come along as we connect the dots between climate, migration and the far-right

NPR: What is the connection between climate change, the movement of people around the globe, and the rise of xenophobic politicians? That’s the overarching question we’re hoping to answer with this reporting trip.

 

LITIGATION & AGENCY UPDATES

 

Justices To Review If 5th Circ. Fairly Rebuffed Removal Case

Law360: The U.S. Supreme Court on Monday agreed to review whether the Fifth Circuit was right to reject a Guatemalan woman’s deportation case on the grounds that she hadn’t gone through a final round of administrative appeals.

 

3rd Circ. Upholds Toss Of Illegal Immigrant’s Firearm Appeal

Law360: The Third Circuit has affirmed an Eastern District of Pennsylvania federal judge’s rejection of a Dominican Republic citizen’s appeal of his conviction on firearm and immigration law offenses — albeit for different reasons than the lower court.

 

DC Judge Won’t Force Consular Interviews For Visa Winners

Law360: The State Department will not have to schedule visa interviews for 12 winners of the 2022 Diversity Visa Lottery, after a D.C. federal judge found that the selectees didn’t show a high likelihood of proving that the Biden administration unlawfully delayed their interviews.

 

Judge Faults BIA For Nixing Visa Petition Over Prior Marriage

Law360: An Ohio federal judge on Wednesday said the U.S. Board of Immigration Appeals wrongly tossed a woman’s visa petition for her Ghanian husband over a previous “sham marriage,” saying whether the prior marriage was actually fake was open to dispute.

 

ACLU Says Feds Ignored FOIA For ICE Detainee Counsel Info

Law360: The American Civil Liberties Union on Wednesday hit the U.S. Department of Homeland Security with a Freedom of Information Act lawsuit in D.C. federal court, accusing the agency of improperly withholding access to records regarding U.S. Immigration and Customs Enforcement detainees’ access to counsel.

 

Feds want psychological tests for parents of separated kids

AP: The request comes in a lawsuit filed by migrants seeking compensation from the government after thousands of children were taken from parents in a policy maligned as inhumane by political and religious leaders around the world. Settlement talks with attorneys and the government broke down late last year.

 

Groups: Retaliation after migrants report detention center

AP: A companion complaint Wednesday to the office of civil rights at the U.S. Department of Homeland Security documents retaliation, including restrictions on access to legal representation and a falsified accusation of misconduct against an immigrant under the Prison Rape Elimination Act.

 

U.S. whistleblowers aiding migrant children feared retaliation, watchdog report says

Reuters: Two U.S. government employees said they experienced retaliation after they sounded alarms about the conditions at Fort Bliss, which has been used for emergency housing since March 2021, according to the report issued by the U.S. Health and Human Services (HHS) inspector general’s office.

 

Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Burma

USCIS: The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Burma for an additional 18 months, from Nov. 26, 2022, through May 25, 2024, due to extraordinary and temporary conditions in Burma that prevent individuals from safely returning.

 

RESOURCES

 

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added. If you receive an error, make sure you click request access.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

Launch Dud
Despite disingenuous claims otherwise, the overhyped “launch” of asylum “reform” has been a “dud” — producing little for the Administration but even less for legitimate refugees and due process advocates caught up in the mind-boggling dysfunction of the failed Mayorkas/Garland asylum system.
PHOTO: NASA/Joel Kowsky
Public Realm

As border deaths continue to soar, nativist GOP Governors use humans as political pawns, and conditions in refugee sending countries deteriorate, the Biden Administration’s failed human rights/racial justice bureaucracy has no answers!

By attempting to replicate, remarkably even touting, the unrealistically high denial rates produced by the previous system — too often the result of badly flawed adjudications, poorly trained officers and judges, lack of effective representation, chronic systemic anti-asylum bias, and overly restrictive, anti-asylum precedents produced by a BIA loaded with anti-asylum zealots by the Trump Administration — Mayorkas and Garland have basically guaranteed continuing human rights abuses and defective adjudication of claims.

Truth is, even during the height of the overt anti-asylum program of the Trump Administration, approximately 70% of those whose claims were “referred” by the Asylum Office were eventually granted protection in Immigration Court. 

According to Human Rights First (“HRF”), an international human rights organization, in Fiscal Year 2021, 68% of asylum cases referred to immigration court by the AO were subsequently granted protection.[1] With nearly 70% of claims being granted in FY2021, this represents a clear and apparent waste of judicial resources.

https://www.immigrationissues.com/asylum-cases-referred-to-immigration-court-too-often/

And, this was with a legal system with overly restrictive precedents that clearly and improperly manipulated generous asylum laws AGAINST refugees, often hindered effective representation, and was “overseen” by many Immigration Judges who were hand-selected or retained by the Trump DOJ because they were “programmed to deny” asylum at outrageous rates. By granting only a pathetic 24 of 99 cases that actually were decided over four months, and “referring” the rest to Garland’s beyond dysfunctional “courts” (currently fighting an indescribably stupid all-out “war” with NGOs and pro bono attorneys), Mayorkas hasn’t come anywhere close to “leveraging” the system to locate, prioritize, timely grant many more legitimate cases, and drastically reduce the huge number of  unnecessary referrals to EOIR.

Rather than “cleaning house” at USCIS and EOIR, bringing in dynamic, qualified leaders, expert adjudicators and judges who can timely recognize the many legitimate claims, working with NGOs and pro bono groups to get all asylum seekers represented, and utilizing the expert training resources that currently exist outside Government, Mayorkas and Garland are perpetrating the same anti-asylum myths spewed out by Miller, Trump, and company! Essentially, instead of fixing the fatal flaws in the current system, the Biden Administration has chosen to institutionalize and expedite them! That’s insane!

The Biden Administration’s failure to do the butt-kicking, bold, thoughtful work necessary to establish robust, timely, efficient, refugee and asylum systems is dragging down our legal system, promoting racial injustice, perpetrating xenophobic myths, advancing “worst practices,” harming, sometimes killing, legitimate refugees fleeing repressive regimes, and denying American communities legal residents who could be using their skills to help build a stronger economy and a better future for America.

With thousands of asylum seekers from countries where persecution is well-documented being “orbited” by nativist GOP Governors, the Biden Administration was presented with a golden opportunity to work with NGOs, states, and local governments to coordinate resettlement, get them competently represented, and grant asylum in a fair and timely manner, thus demonstrating how an improved asylum system could work with proper staffing, attitudes, and legal guidance. Instead, the Administration has chosen to waste time on a “thudding dud” of a pilot that shows a stunning lack of leadership, courage, imagination, initiative, humanity, and respect for the rule of law!

🇺🇸 Due Process Forever!

PWS

10-05-22

🤯PROGRAMMED TO FAIL:  LACK OF LEADERSHIP, EXPERTISE, COURAGE, COMMITMENT TO RULE OF LAW, RACIAL AWARENESS, & AN ATTORNEY GENERAL “ON VACATION” PLAGUES BIDEN’S BUNGLED BORDER POLICY! — Is Appeasing GOP White Nationalists With Racist Policies While Scorning The Rule of Law & Dissing Progressive Supporters REALLY A Great “Strategy” For Biden & Harris?  🤮 — NY Times Reports

https://www.nytimes.com/2022/04/09/us/politics/biden-border-immigration.html?referringSource=articleShare

By Zolan Kanno-YoungsMichael D. Shear and Eileen Sullivan

WASHINGTON — President Biden was livid.

He had been in office only two months and there was already a crisis at the southwest border. Thousands of migrant children were jammed into unsanitary Border Patrol stations. Republicans were accusing Mr. Biden of flinging open the borders. And his aides were blaming one another.

Facing his bickering staff in the Oval Office that day in late March 2021, Mr. Biden grew so angry at their attempts to duck responsibility that he erupted.

Who do I need to fire, he demanded, to fix this?

Mr. Biden came into office promising to dismantle what he described as the inhumane immigration policies of President Donald J. Trump. But the episode, recounted by several people who attended or were briefed on the meeting, helps explain why that effort remains incomplete: For much of Mr. Biden’s presidency so far, the White House has been divided by furious debates over how — and whether — to proceed in the face of a surge of migrants crossing the southwest border.

. . . .

****************^

Read the complete article at the link.

Not rocket 🚀 science:

  • Note to Susan Rice & Ron Klain: There will be no racial justice in America without immigrant justice.
  • Asylum is the law, NOT a “policy option” or a “strategy.”
  • The Attorney General has an obligation to insist that the law be followed or to resign.
  • How on earth could anyone think that the border can be fixed without addressing the extreme dysfunction and Trump White Nationalist bias in the Immigration Courts?
  • How do you run on a promise to restore asylum at the border without having a plan in hand to do that on Inauguration Day?
  • Ports of entry “reopened” remarkably quickly for White asylum seekers from Ukraine, using cooperation among the DHS, Mexico, and volunteer groups. So, it’s very “doable.” What’s lacking here appears to be the will and the motivation to treat asylum seekers of color fairly and humanely.
  • Is the Civil Rights Division of the DOJ on permanent LOA? What does Kristen Clarke, AAG for Civil Rights, do to earn her paycheck? Whatever happened to Associate AG Vanita Gupta, a former civil rights and racial justice maven, who has turned her back on America’s most glaring and serious racial justice problems, at the border and in her Department’s dysfunctional “courts,” and disappeared into the bowls of Garland’s bureaucracy, never to be heard from again?
  • So, following the law and treating persons of color fairly and humanely at our borders will create “chaos” (it should do nothing of the sort, with competent leadership and personnel) and might be “bad politics” for “moderate Dems.” Gimmie a break! 
  • Why not just consider all asylum applicants to be “constructively White persons” and proceed accordingly?
  • Why is appeasing GOP White Nationalist nativists, who wouldn’t support Biden no matter what he does at the border, more important to the Administration than keeping promises to supporters who actually worked to put Biden, Harris, and, derivatively, folks like Rice, Klain, Mayorkas, and Garland in office?
  • Repubs do remember who their key supporters are, and act accordingly, even when those actions are illegal, immoral, counterproductive, and often unpopular. Dems, by contrast, are afraid to follow the law and do the right thing to make good on promises to their supporters!
  • America actually needs more legal immigrants. Many of them are waiting at the border for justice long delayed. Perhaps, an Administration who can’t see that and turn it into a “win-win” doesn’t deserve to be in office. 

🇺🇸Due Process Forever!

PWS

04-10-22

🏴‍☠️☠️🤮⚰️👎CRIMES AGAINST HUMANITY, “PERPS” ON THE LOOSE! — DOJ Internal Report Shows How “Gonzo Apocalypto” Sessions, Rosenstein, Hamilton Conspired To Separate Migrant Kids In Violation Of 5th Amendment — When Will These Criminals Be Charged & Prosecuted Under 18 USC 242? — NY Times Reports!

Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license

https://www.nytimes.com/2020/10/06/us/politics/family-separation-border-immigration-jeff-sessions-rod-rosenstein.html?campaign_id=9&emc=edit_nn_20201007&instance_id=22889&nl=the-morning&regi_id=119096355&section_index=2&section_name=the_latest_news&segment_id=40077&te=1&user_id=70724c8ee3c2ebb50a6ef32ab050a46b

‘We Need to Take Away Children,’ No Matter How Young, Justice Dept. Officials Said

Top department officials were “a driving force” behind President Trump’s child separation policy, a draft investigation report said.

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By Michael D. Shear, Katie Benner and Michael S. Schmidt

  • Oct. 6, 2020
    • 505

WASHINGTON — The five U.S. attorneys along the border with Mexico, including three appointed by President Trump, recoiled in May 2018 against an order to prosecute all undocumented immigrants even if it meant separating children from their parents. They told top Justice Department officials they were “deeply concerned” about the children’s welfare.

But the attorney general at the time, Jeff Sessions, made it clear what Mr. Trump wanted on a conference call later that afternoon, according to a two-year inquiry by the Justice Department’s inspector general into Mr. Trump’s “zero tolerance” family separation policy.

“We need to take away children,” Mr. Sessions told the prosecutors, according to participants’ notes. One added in shorthand: “If care about kids, don’t bring them in. Won’t give amnesty to people with kids.”

Rod J. Rosenstein, then the deputy attorney general, went even further in a second call about a week later, telling the five prosecutors that it did not matter how young the children were. He said that government lawyers should not have refused to prosecute two cases simply because the children were barely more than infants.

“Those two cases should not have been declined,” John Bash, the departing U.S. attorney in western Texas, wrote to his staff immediately after the call. Mr. Bash had declined the cases, but Mr. Rosenstein “instructed that, per the A.G.’s policy, we should NOT be categorically declining immigration prosecutions of adults in family units because of the age of a child.”

The Justice Department’s top officials were “a driving force” behind the policy that spurred the separation of thousands of families, many of them fleeing violence in Central America and seeking asylum in the United States, before Mr. Trump abandoned it amid global outrage, according to a draft report of the results of the investigation by Michael E. Horowitz, the department’s inspector general.

The separation of migrant children from their parents, sometimes for months, was at the heart of the Trump administration’s assault on immigration. But the fierce backlash when the administration struggled to reunite the children turned it into one of the biggest policy debacles of the president’s term.

Though Mr. Sessions sought to distance himself from the policy, allowing Mr. Trump and Homeland Security Department officials to largely be blamed, he and other top law enforcement officials understood that “zero tolerance” meant that migrant families would be separated and wanted that to happen because they believed it would deter future illegal immigration, Mr. Horowitz wrote.

The draft report, citing more than 45 interviews with key officials, emails and other documents, provides the most complete look at the discussions inside the Justice Department as the family separation policy was developed, pushed and ultimately carried out with little concern for children.

This article is based on a review of the 86-page draft report and interviews with three government officials who read it in recent months and described its conclusions and many of the details in it. The officials, who spoke on the condition of anonymity because they had not been authorized to discuss it publicly, cautioned that the final report could change.

Before publishing the findings of its investigations, the inspector general’s office typically provides draft copies to Justice Department leaders and others mentioned in the reports to ensure that they are accurate.

Mr. Horowitz had been preparing to release his report since late summer, according to a person familiar with the investigation, though the process allowing for responses from current and former department officials whose conduct is under scrutiny is likely to delay its release until after the presidential election.

Mr. Sessions refused to be interviewed, the report noted. Mr. Rosenstein, who is now a lawyer in private practice, defended himself in his interview with investigators in response to questioning about his role, according to two of the officials. Mr. Rosenstein’s former office submitted a 64-page response to the report.

“If any United States attorney ever charged a defendant they did not personally believe warranted prosecution, they violated their oath of office,” Mr. Rosenstein said in a statement. “I never ordered anyone to prosecute a case.”

. . . .

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

Read the complete article at the link.

U.S. District Judge Dana Sabraw concluded that intentional separation of families was unconstitutional — a clear violation of Fifth Amendment due process. https://www.nytimes.com/2018/06/26/us/politics/family-separations-congress-states.html

The Government did not seriously question the correctness of this finding! 

Intentionally violating Constitutional rights (not to mention lying and attempting to cover it up) is clearly a violation of 18 USC 242.

Here’s the text of that section from the DOJ’s own website:

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

https://www.justice.gov/crt/deprivation-rights-under-color-law

Sure looks like an”open and shut” case for prosecution.

The irony: Families and their kids have been traumatized for life, perhaps even killed or disabled by the actions of these criminal conspirators; however, the “perps” remain at large.

Hamilton is on the public dole continuing to wreak-havoc on the Constitution, the rule of law, the Immigration Courts, and human decency at the corrupt Barr DOJ; Rosenstein works for a “fat cat” law firm hauling down a six figure salary while he avoids justice and accountability for his misdeeds; “Gonzo” had the absolute audacity to try to reinsert himself onto the public dole by running for the Senate from Alabama (thankfully, unsuccessfully, even though he previously held the seat for years and misused it as a public forum to spread his racist ideas, xenophobic venom, lies, false narratives, and unrelenting cruelty).

Where’s the “justice” in a system that punishes victims while letting “perps” prosper and go free?

Due Process Forever!

PWS

10-07-20

🗽👍🏼😎EXCITING NEWS FOR AMERICA, JUST IN TIME FOR JULY 4!  — No, My Fellow Americans, It’s Not An Invitation To Attend Another Idiotic Disease-Spreading & Disaster-Risking Trump Fireworks Event! — It’s A Brand New “Tempest Tossed Podcast Series” Called “Entry Denied, Immigration Policies In The Time of Trump,”  Featuring My Friend, Uber Immigration Guru, Former U.N. Deputy High Commissioner For Refugees, Former “Legacy INS” Senior Executive, Former Georgetown Law Dean, Famous Textbook Author, All-Around Gentleman & Scholar, Now A Professor &  Director @ The New School, The One, The Only, The Amazing: T. ALEXANDER ALEINIKOFF💥🎆🎇🗽🏅⭐️ & A CAST OF THOUSANDS, INCLUDING NPR’S DEB AMOS, & NY TIMES SUPERSTAR REPORTERS MICHAEL SHEAR AND JULIE HIRSHFELD DAVIS — Get It From Your Favorite Podcast Platform!

T. Alexander Aleinikoff
T. Alexander Aleinikoff
American Legal Scholar
Deb Amos
Deb Amos
International Correspondent
NPR
Julie Hirshfeld Davis
Julie Hirshfeld Davis
Congressional Reporter
NY Times
Michael D. Shear
Michael D. Shear
White House Reporter
NY Times

From: Alex Aleinikoff
Sent: Tuesday, June 30, 2020 1:58 PM
To: Immprof
Subject: [immprof] Entry Denied on the Tempest Tossed podcast

 

Please excuse this shameless self-promotion.  We launched today the first of an 8-episode series on the Tempest Tossed podcast on Trump immigration policies. The series is called Entry Denied: Immigration policies in the time of Trump. In this first episode, Deb Amos (NPR) and I speak with NY Times reporters Michael Shear and Julie Hirshfeld Davis on how immigration became central to the Trump campaign. There will be a new episode each of the next 7 Tuesdays (on asylum, the wall, DACA, etc).

 

It is available on most podcast platforms (Apple, SoundCloud, Spotify)–search for Tempest Tossed.

 

Alex

University Professor

Director, Zolberg Institute on Migration and Mobility

The New School

 

 

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

I trust that at some point Alex will get around to telling everyone about the time back in the Carter Administration when we were on the verge of making then Associate Attorney General John H. Shenefield an official “Immigration Officer” to serve process on the tarmac @ JFK International. Or how with a little help from our late friend Jerry Tinker, Alex, David Martin, and I “perfected” the Refugee Act of 1980 just in time for the Cuban Boatlift. Whose idea was “Cuban/Haitian Entrant Status Pending” anyway? How come you never had to visit the Atlanta Federal Penitentiary during a lockdown, Alex?

Sounds like a most timely and fascinating series involving one of the all time great modern legal minds.

Thanks and best wishes to all involved in this historic enterprise! 🍾🥂🍻

Due Process Forever!

PWS

07-02-20

🏴‍☠️NEW JIM CROW: Miller Uses Pandemic To Revive Racist Myths & Stereotypes About Dangers Of Immigrants! — A White Nationalist’s Dream Comes True!

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism
Stephen Miller Cartoon
Stephen Miller & Count Olaf
Evil Twins, Notorious Child Abusers
Caitlin Dickerson
Caitlin Dickerson
National Immigration Reporter
NY Times
Michael D. Shear
Michael D. Shear
White House Reporter
NY Times

Caitlin Dickerson and Michael D. Shear report for The NY Times:

From the early days of the Trump administration, Stephen Miller, the president’s chief adviser on immigration, has repeatedly tried to use an obscure law designed to protect the nation from diseases overseas as a way to tighten the borders.
The question was, which disease?
Mr. Miller pushed for invoking the president’s broad public health powers in 2019, when an outbreak of mumps spread through immigration detention facilities in six states. He tried again that year when Border Patrol stations were hit with the flu.
When vast caravans of migrants surged toward the border in 2018, Mr. Miller looked for evidence that they carried illnesses. He asked for updates on American communities that received migrants to see if new disease was spreading there.
In 2018, dozens of migrants became seriously ill in federal custody, and two under the age of 10 died within three weeks of each other. While many viewed the incidents as resulting from negligence on the part of the border authorities, Mr. Miller instead argued that they supported his argument that President Trump should use his public health powers to justify sealing the borders.
On some occasions, Mr. Miller and the president, who also embraced these ideas, were talked down by cabinet secretaries and lawyers who argued that the public health situation at the time did not provide sufficient legal basis for such a proclamation.
That changed with the arrival of the coronavirus pandemic.
Within days of the confirmation of the first case in the United States, the White House shut American land borders to nonessential travel, closing the door to almost all migrants, including children and teenagers who arrived at the border with no parent or other adult guardian. Other international travel restrictions were introduced, as well as a pause on green card processing at American consular offices, which Mr. Miller told conservative allies in a recent private phone call was only the first step in a broader plan to restrict legal immigration.
But what has been billed by the White House as an urgent response to the coronavirus pandemic was in large part repurposed from old draft executive orders and policy discussions that have taken place repeatedly since Mr. Trump took office and have now gained new legitimacy, three former officials who were involved in the earlier deliberations said.
One official said the ideas about invoking public health and other emergency powers had been on a “wish list” of about 50 ideas to curtail immigration that Mr. Miller crafted within the first six months of the administration.
Latest Updates: Coronavirus Outbreak in the U.S.
President Trump stepped up criticism of China, part of an international backlash over the outbreak.
J. Crew becomes first major retailer to declare bankruptcy; Disney’s empire faces vast challenges.
The Supreme Court will hear arguments by conference call, and the public will be able to listen.
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Updated 48m ago
More live coverage: Global Markets New York
He had come up with the proposals, the official said, by poring through not just existing immigration laws, but the entire federal code to look for provisions that would allow the president to halt the flow of migrants into the United States.
Administration officials have repeatedly said the latest measures are needed to prevent new cases of infection from entering the country.
“This is a public health order that we’re operating under right now,” Mark Morgan, the acting commissioner of Customs and Border Protection, told reporters earlier this month. “This is not about immigration. What’s transpiring right now is purely about infectious disease and public health.”
The White House declined to comment on the matter, but a senior administration official confirmed details of the past discussions.
The architect of the president’s assault on immigration and one of Mr. Trump’s closest advisers inside the White House, Mr. Miller has relentlessly pushed for tough restrictions on legal and illegal immigration, including policies that sought to separate families crossing the southwest border, force migrants seeking asylum to wait in squalid camps in Mexico and deny green cards to poor immigrants.
Mr. Miller argues that reducing immigration will protect jobs for American workers and keep communities safe from criminals. But critics accuse him of targeting nonwhite immigrants, pointing in part to leaked emails from his time before entering the White House in which he cited white nationalist websites and magazines and promoted theories popular with white nationalist groups.

. . . .

**********************
Read the full article at the link.

As America suffers, immigrants, both legal and “undocumented,” are on the front lines of those “essential workers” risking their lives to keep us healthy, safe, fed, and clothed.

Meanwhile, neo-Nazi Miller remains “on the dole” — publicly funded for putting out a steady stream of discredited and xenophobic actions designed to exploit, dehumanize, and demean many of the most courageous and necessary among us.

Can it get any more vile and disgusting?

Nearly 55 years after the end of WWII, Trump & Miller are reviving many aspects of the racist ideology and actions that we supposedly fought to end forever. Raises the question of who really won the war.

Always the opportunists, Trump and Miller now see the crisis that their “malicious incompetence” helped to aggravate as a chance to target both “Optional Practical Training” (“OPT”) for foreign students and Chinese students, one of the largest groups of those studying in the U.S. You can read about it in this article by Stuart Anderson in Forbes.https://apple.news/ADkCNTe_gTje__BlQ8c-8pg

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy

OPT unquestionably benefits our country as well as the students, many of whom remain and become important parts of our society. The targeting of Chinese students certainly fits with the far right’s Anti-Asian movement that has helped spike a notable increase in hate crimes directed against Asian Americans during the pandemic. Could the revival of the Chinese Exclusion Act be far beyond on the Trump/Miller Jim Crow agenda?

This November, vote like your life depends on it. Because it does!

PWS

05-04-20

DERANGED TRUMP WANTED TO MURDER & MAIM LAWFUL ASYLUM SEEKERS, WHILE AIDES COVERED UP FOR HIM RATHER THAN “BLOWING THE WHISTLE” — “Go Along To Get Along” Supremes & Appellate Courts Enabled & Encouraged Abuses By Failing To Take A Strong, Unified Position Against Trump’s Bogus “National Emergency,” Unconcealed Racial & Religious Bias Against Migrants, & Patently Evident Plans To Run Roughshod Over U.S. Constitution! — Aides Racing To Get Cost Estimates On Moats With Snakes & Alligators! — This Is Where The Dereliction Of Constitutional Duty By The GOP & The Roberts Court Has Gotten Us!

Michael D. Shear
Michael D. Shear
White House Reporter
NY Times
Julie Hirshfeld Davis
Julie Hirshfeld Davis
Congressional Reporter
NY Times

https://www.nytimes.com/2019/10/01/us/politics/trump-border-wars.html

Michael D. Shear and Julie Hirshfeld Davis report for the N.Y. Times:

WASHINGTON — The Oval Office meeting this past March began, as so many had, with President Trump fuming about migrants. But this time he had a solution. As White House advisers listened astonished, he ordered them to shut down the entire 2,000-mile border with Mexico — by noon the next day.

The advisers feared the president’s edict would trap American tourists in Mexico, strand children at schools on both sides of the border and create an economic meltdown in two countries. Yet they also knew how much the president’s zeal to stop immigration had sent him lurching for solutions, one more extreme than the next.

Privately, the president had often talked about fortifying a border wall with a water-filled trench, stocked with snakes or alligators, prompting aides to seek a cost estimate. He wanted the wall electrified, with spikes on top that could pierce human flesh. After publicly suggesting that soldiers shoot migrants if they threw rocks, the president backed off when his staff told him that was illegal. But later in a meeting, aides recalled, he suggested that they shoot migrants in the legs to slow them down. That’s not allowed either, they told him.

“The president was frustrated and I think he took that moment to hit the reset button,” said Thomas D. Homan, who had served as Mr. Trump’s acting director of Immigration and Customs Enforcement, recalling that week in March. “The president wanted it to be fixed quickly.”

Mr. Trump’s order to close the border was a decision point that touched off a frenzied week of presidential rages, round-the-clock staff panic and far more White House turmoil than was known at the time. By the end of the week, the seat-of-the-pants president had backed off his threat but had retaliated with the beginning of a purge of the aides who had tried to contain him.

Today, a s Mr. Trump is surrounded by advisers less willing to stand up to him, his threat to seal off the country from a flood of immigrants remains active. “I have absolute power to shut down the border,” he said in an interview this summer with The New York Times.

This article is based on interviews with more than a dozen White House and administration officials directly involved in the events of that week in March. They were granted anonymity to describe sensitive conversations with the president and top officials in the government.

In the Oval Office that March afternoon, a 30-minute meeting extended to more than two hours as Mr. Trump’s team tried desperately to placate him.

“You are making me look like an idiot!” Mr. Trump shouted, adding in a profanity, as multiple officials in the room described it. “I ran on this. It’s my issue.”

Among those in the room were Kirstjen Nielsen, the homeland security secretary at the time; Mike Pompeo, the secretary of state; Kevin K. McAleenan, the Customs and Border Protection chief at the time; and Stephen Miller, the White House aide who, more than anyone, had orchestrated Mr. Trump’s immigration agenda. Mick Mulvaney, the acting chief of staff was also there, along with Jared Kushner, the president’s son-in-law, and other senior staff.

Ms. Nielsen, a former aide to George W. Bush brought into the department by John F. Kelly, the president’s former chief of staff, was in a perilous position. She had always been viewed with suspicion by the president, who told aides she was “a Bushie,” and part of the “deep state” who once contributed to a group that supported Jeb Bush’s presidential campaign.

Mr. Trump had routinely berated Ms. Nielsen as ineffective and, worse — at least in his mind — not tough-looking enough. “Lou Dobbs hates you, Ann Coulter hates you, you’re making me look bad,” Mr. Trump would tell her, referring to the Fox Business Network host and the conservative commentator.

The happiest he had been with Ms. Nielsen was a few months earlier, when American border agents had fired tear gas into Mexico to try to stop migrants from crossing into the United States. Human rights organizations condemned the move, but Mr. Trump loved it. More often, though, she drew the president’s scorn.

That March day, he was furious at Mr. Pompeo, too, for having cut a deal with Mexico to allow the United States to reject some asylum seekers — a plan Mr. Trump said was clearly failing.

A complete shutdown of the border, Mr. Trump said, was the only way.

Ms. Nielsen had tried reasoning with the president on many occasions. When she stood up to him during a cabinet meeting the previous spring, he excoriated her and she almost resigned.

Now, she tried again to reason with him.

We can close the border, she told the president, but it’s not going to fix anything. People will still be permitted to claim asylum.

But Mr. Trump was unmoved. Even Mr. Kushner, who had developed relationships with Mexican officials and now sided with Ms. Nielsen, could not get through to him.

“All you care about is your friends in Mexico,” the president snapped, according to people in the room. “I’ve had it. I want it done at noon tomorrow.”

The Start of an Overhaul

The president’s advisers left the meeting in a near panic.

Every year more than $200 billion worth of American exports flow across the Mexican border. Closing it would wreak havoc on American farmers and automakers, among many others. Senator Mitch McConnell, Republican of Kentucky and the majority leader, said in an interview at the time that a border shutdown would have “a potentially catastrophic economic impact on our country.”

Image

That night, White House advisers succeeded in convincing the president to give them a reprieve, but only for a week, until the following Friday. That gave them very little time to change the president’s mind.

They started by pressuring their Mexican counterparts to rapidly increase apprehensions of migrants. Mr. Kushner and others in the West Wing showered the president with emails proving that the Mexicans had already started apprehending more migrants before they could enter the United States.

White House advisers encouraged a stream of corporate executives, Republican lawmakers and officials from the U.S. Chamber of Commerce to tell Mr. Trump how damaging a border closure would be.

Mr. Miller, meanwhile, saw an opportunity.

It was his view that the president needed to completely overhaul the Homeland Security Department and get rid of senior officials who he believed were thwarting efforts to block immigrants. Although many were the president’s handpicked aides, Mr. Miller told him they had become part of the problem by constantly citing legal hurdles.

Ms. Nielsen, who regularly found herself telling Mr. Trump why he couldn’t have what he wanted, was an obvious target. When the president demanded “flat black” paint on his border wall, she said it would cost an additional $1 million per mile. When he ordered wall construction sped up, she said they needed permission from property owners. Take the land, Mr. Trump would say, and let them sue us.

When Ms. Nielsen tried to get him to focus on something other than the border, the president grew impatient. During a briefing on the need for new legal authority to take down drones, Mr. Trump cut her off midsentence.

“Kirstjen, you didn’t hear me the first time, honey,” Mr. Trump said, according to two people familiar with the conversation. “Shoot ’em down. Sweetheart, just shoot ’em out of the sky, O.K.?”

But the problem went deeper than Ms. Nielsen, Mr. Miller believed. L. Francis Cissna, the head of the United States Citizenship and Immigration Services until earlier this year, regularly pushed back on Mr. Miller’s demand for a “culture change” at the agency, where Mr. Miller believed asylum officers were bleeding hearts, too quick to extend protections to immigrants.

They needed to start with the opposite point of view, Mr. Miller told him, and start turning people away.

John Mitnick, the homeland security general counsel who often raised legal concerns about Mr. Trump’s immigration policies, was also on Mr. Miller’s blacklist. Mr. Miller had also turned against Ronald D. Vitiello, a top official at Customs and Border Protection whom the president had nominated to lead Immigration and Customs Enforcement.

Image

By midweek, the campaign to change Mr. Trump’s mind about closing the border seemed to be working.

Maybe there’s another way to do this, the president told Ms. Nielsen. How about if I impose tariffs on the Mexicans, or threaten to impose tariffs? Tariffs are great.

But the staff worried that his retreat would only be temporary. The president never really let go of his obsessions.

They were right. On a trip to California late in the week, Mr. Trump turned to Mr. McAleenan, the Customs and Border Protection chief, with a new idea: He wanted him to stop letting migrants cross the border at all, with no exceptions. If you get into any trouble for it, Mr. Trump told him, I’ll pardon you.

The Turning Point

Once on the ground, Mr. Trump met up with Ms. Nielsen and worked a room filled with Border Patrol agents. Start turning away migrants at the border, he told them. My message to you is, keep them all out, the president said. Every single one of them. The country is full.

After the president left the room, Mr. McAleenan told the agents to ignore the president. You absolutely do not have the authority to stop processing migrants altogether, he warned.

As she and her staff flew back to Washington that Friday evening, Ms. Nielsen called the president. She knew he was angry with her.

“Sir, I know you’re really frustrated,” she told him. The president invited her to meet with him on Sunday in the White House residence.

Ms. Nielsen knew that Miller wanted her out, so she spent the flight huddled with aides on a strategy for getting control of the border, a Hail Mary pass. She called it the “Six C’s” — Congress, Courts, Communications, Countries, Criminals, Cartels.

Unbeknown to her, Ms. Nielsen’s staff started work on her letter of resignation.

When Ms. Nielsen presented her plan to Mr. Trump at the White House, he dismissed it and told her what he really needed was a cement wall.

“Sir,” she said, “I literally don’t think that’s even possible.” They couldn’t build that now even if it would work, which it wouldn’t, Ms. Nielsen told him. The designs for steel barriers had long since been finalized, the contracts bid and signed.

Image

The president responded that it was time for her to go, Mr. Trump recalled later. “Kirstjen, I want to make a change,” he said.

The president said he would wait a week to announce her resignation, to leave time for a transition. But before Ms. Nielsen had left the White House that day, the word was leaking out. By evening, Mr. Trump was tweeting about it.

“Secretary of Homeland Security Kirstjen Nielsen will be leaving her position,” Trump wrote, “and I would like to thank her for her service.”

The dismissal was a turning point for Mr. Trump’s immigration agenda, the start of the purge that ushered in a team that embraced Mr. Miller’s policies.

Mr. Trump quickly dismissed Claire M. Grady, the homeland security under secretary, and moved Mr. McAleenan to take Ms. Nielsen’s old job. Within two months, Mr. Cissna was out as well, replaced by Kenneth T. Cuccinelli II, a former Virginia attorney general and an immigration hard-liner.

On Aug. 12, Mr. Cuccinelli announced that the government would deny green cards for immigrants deemed likely to become “public charges.” Nine days later, Mr. McAleenan announced regulations to allow immigrant families to be detained indefinitely.

In the months since the purge, the president has repeated his threat of placing tariffs on Mexico to spur aggressive enforcement at the border. Mr. McAleenan and Mr. Cuccinelli have embraced restrictive asylum rules. And the Pentagon approved shifting $3.6 billion to build the wall.

Mr. Trump has continued to face resistance in the courts and public outrage about his immigration agenda. But the people who tried to restrain him have largely been replaced.

In the interview with The Times this past summer, Mr. Trump said he had seriously considered sealing the border during March, but acknowledged that doing so would have been “very severe.”

“The problem you have with the laws the way they are, we can have 100,000 of our soldiers standing up there — they can’t do a thing,” Mr. Trump said ruefully.

This article is adapted from “Border Wars: Inside Trump’s Assault on Immigration,” to be published by Simon & Schuster on Oct. 8.

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

Trump’s inherent dishonesty and lack of credibility are well established. His ham-handed attacks on the rule of law and the Constitution are obvious even to non-lawyers. So, what’s the excuse for the Supremes in the Travel Ban Cases & East Side Sanctuary Covenant and the Ninth Circuit in Innovation Law Labs? None, that I can see!

Trump is a dangerous and cruel lunatic, being appeased, enabled, and coddled by corrupt and immoral GOP legislators, a feckless and spineless Supreme Court, and cowardly, immoral aides who try to please an “off the rails” Mafia boss rather than blowing the whistle on the horrors of the Trump White House and the endless illegal schemes, gimmicks, abuses of Government authority, and, frankly, “crimes against humanity” being plotted there.

Failing to stand up to, expose, and publicly oppose Trump has potentially fatal consequences. Two branches of Government have failed. That’s where we need leadership and courage from the Supremes. So far, they have flunked the test — miserably!

PWS

10-02-19

THE U.S. REFUGEE PROGRAM IS A SMASHING SUCCESS THAT SAVES LIVES WHILE PROMOTING THE NATIONAL INTEREST IN MANY WAYS — NOW, TRUMP & HIS STUPID & CRUEL WHITE NATIONALIST GANG WANT TO COMPLETELY SHUT OUT REFUGEES AT A TIME OF THE WORLD’S GREATEST NEED AND WHEN AMERICA NEEDS MORE IMMIGRANTS!

Julie Hirshfeld Davis
Julie Hirshfeld Davis
Congressional Reporter
NY Times
Michael D. Shear
Michael D. Shear
White House Reporter
NY Times

https://www.nytimes.com/2019/09/06/us/politics/trump-refugees-united-states.html

Julie Hirshfeld Davis & Michael D. Shear report for The NY Times:

By Julie Hirschfeld Davis and Michael D. Shear

  • Sept. 6, 2019

WASHINGTON — The White House is considering a plan that would keep most refugees who are fleeing war, persecution and famine out of the United States, significantly cutting back a decades-old program, according to current and former administration officials.

One option that top officials are weighing would cut refugee admissions by half or more, to 10,000 to 15,000 people, but reserve most of those spots for people from a few countries or from groups with special status, such as Iraqis and Afghans who work alongside American troops, diplomats and intelligence operatives abroad. Another option, proposed by a top administration official, would reduce refugee admissions to zero, while leaving the president with the ability to admit some in an emergency.

Both options would all but end the United States’ status as a leader in accepting refugees from around the world.

 

The issue is expected to come to a head on Tuesday, when White House officials plan to convene a high-level meeting to discuss the annual number of refugee admissions for the coming year, as determined by President Trump.

“At a time when the number of refugees is at the highest level in recorded history, the United States has abandoned world leadership in resettling vulnerable people in need of protection,” said Eric Schwartz, the president of Refugees International. “The result is a world that is less compassionate and less able to deal with future humanitarian challenges.”

For two years, Stephen Miller, Mr. Trump’s top immigration adviser, has used his considerable influence in the West Wing to reduce the refugee ceiling to its lowest levels in history, capping the program at 30,000 this year. That is a more than 70 percent cut from its level when President Barack Obama left office.

The move has been part of Mr. Trump’s broader effort to reduce the number of documented and undocumented immigrants entering the United States, including numerous restrictions on asylum seekers, who, like refugees, are fleeing persecution but cross into the United States over the border with Mexico or Canada.

Now, Mr. Miller and allies from the White House whom he placed at the Departments of State and Homeland Security are pushing aggressively to shrink the program even further, according to one senior official involved in the discussions and several former officials briefed on them, who spoke on the condition of anonymity to detail the private deliberations.

White House officials did not respond to a request for comment.

John Zadrozny, a top official at United States Citizenship and Immigration Services, made the argument for simply lowering the ceiling to zero, a stance that was first reported by Politico. Others have suggested providing “carveouts” for certain countries or populations, such as the Iraqis and Afghans, whose work on behalf of the American government put both them and their families at risk, making them eligible for special status to come to the United States through the refugee program.

Advocates of the nearly 40-year-old refugee program inside and outside the administration fear that approach would effectively starve the operation out of existence, making it impossible to resettle even those narrow populations.

“Pulling the rug out from under refugees and the resettlement program, as is reported, is unfair, inhumane and strategically flawed for the United States,” said Nazanin Ash, the vice president for global policy and advocacy for the International Rescue Committee. “This is a program that is reserved for, and vital to, the most vulnerable refugees.”

Now, officials at the advocacy groups say the fate of the program increasingly hinges on an unlikely figure: Mark T. Esper, the secretary of defense, who they are hoping will save the program by protesting the cut and recommending that Mr. Trump set a higher refugee ceiling.

Barely two months into his job as Pentagon chief, Mr. Esper, a former lobbyist and defense contracting executive, is the newest voice at the table in the annual debate over how many refugees to admit. But while Mr. Esper’s predecessor, Jim Mattis, had taken up the refugee cause with an almost missionary zeal, repeatedly declining to embrace large cuts because of the potential effect he said they would have on American military interests around the world, Mr. Esper’s position on the issue is unknown.

The senior military leadership at the Defense Department has been urgently pressing Mr. Esper to follow his predecessor’s example and be an advocate for the refugee program, according to people familiar with the conversations in the Pentagon.

But current and former senior military officials said the defense secretary had not disclosed to them whether he would fight for higher refugee admissions at the White House meeting next week. One former general described Mr. Esper as in a “foxhole defilade” position, a military term for the infantry’s effort to remain shielded or concealed from enemy fire.

Image

pastedGraphic.png

For two years, Stephen Miller, Mr. Trump’s top immigration advisor, has used his influence to reduce the refugee ceiling to its lowest levels in history.

Credit

Erin Schaff/The New York Times

A senior Defense Department official said that Mr. Esper had not decided what his recommendation would be for the refugee program this year. As a result, an intense effort is underway by a powerful group of retired generals and humanitarian aid groups to persuade Mr. Esper to pick up where Mr. Mattis left off.

In a letter to Mr. Trump on Wednesday, some of the nation’s most distinguished retired military officers implored the president to reconsider the cuts, taking up the national security argument that Mr. Mattis made when he was at the Pentagon. They called the refugee program a “critical lifeline” to people who help American troops, diplomats and intelligence officials abroad, and warned that cutting it off risked greater instability and conflict.

“We urge you to protect this vital program and ensure that the refugee admissions goal is robust, in line with decades-long precedent, and commensurate with today’s urgent global needs,” wrote the military brass, including Admiral William H. McRaven, the former commander of United States Special Operations; General Martin E. Dempsey, the former chairman of the Joint Chiefs of Staff; and Lt. General Mark P. Hertling, the former commanding general of Army forces in Europe.

They said that even the current ceiling of 30,000 was “leaving thousands in harm’s way.”

Gen. Joseph L. Votel, who retired this year after overseeing the American military’s command that runs operations in the Middle East, also signed the letter. In an interview, he noted that the flows of refugees leaving war-torn countries like Syria was one of the driving forces of instability in the region.

“We don’t do anything alone,” General Votel said of American military operations overseas, which are regularly helped by Iraqi citizens who become persecuted refugees. “This is not just the price we pay but an obligation.”

Mr. Mattis privately made the same arguments in 2018 and 2019 as he tried to fight back efforts by Mr. Miller to cut the refugee cap, which had already been reduced to 50,000 by Mr. Trump’s travel ban executive order.

Joined by Rex W. Tillerson, who was then the secretary of state, and Nikki R. Haley, the United Nations ambassador at the time, Mr. Mattis succeeded in keeping the cap at 45,000 for 2018. The next year, Mr. Miller tried to persuade Mr. Mattis to support a lower number by promising to ensure the program for the Iraqi and Afghans would not be affected. But Mr. Mattis refused, pushing for the program to remain at 45,000 refugees. But with Mr. Tillerson gone, Mr. Miller succeeded in persuading the president to drop the ceiling to 30,000.

In his announcement last year, Secretary of State Mike Pompeo argued that because of a recent surge of asylum seekers at the southwestern border, there was less of a need for the United States to accept refugees from abroad.

“This year’s refugee ceiling reflects the substantial increase in the number of individuals seeking asylum in our country, leading to a massive backlog of outstanding asylum cases and greater public expense,” Mr. Pompeo said at the time.

Now, a year later, Mr. Miller and his allies have repeatedly made that same argument in urging that the number go even lower.

Barbara Strack, who retired last year as chief of the Refugee Affairs Division at the federal Citizenship and Immigration Services, said the United States used to be a model for other countries by accepting refugees from all over the globe. After America began accepting Bhutanese refugees from Nepal, she said, other countries followed suit.

“Very often, that leadership matters,” she said. “That is something that is just lost in terms of who the United States is in the world and how other governments see us.”

The State Department was once the main steward and champion of the refugee resettlement program, but under Mr. Trump, that has changed, as the president and Mr. Miller have made clear that they view it with disdain. The top State Department official now in charge of refugees is Andrew Veprek, a former aide of Mr. Miller’s at the White House Domestic Policy Council who — with Mr. Zadrozny — was a central player in 2017 in efforts to scale back refugee resettlement as much as possible.

That has left the Defense Department as the last agency that could potentially preserve the refugee program. Its proponents inside the administration say they feel a sense of desperation waiting to see whether Mr. Esper will become its advocate.

“The strength of D.O.D.’s argument would really make a difference,” Ms. Strack said. “There just needs to be an acknowledgment that this administration would be walking away from a longstanding, bipartisan tradition of offering refuge to the most vulnerable people around the world.”

That sense of foreboding has intensified in recent weeks, as Mr. Miller has locked down the process for determining the refugee ceiling, to guard against leaks and cut down on opportunities for officials to intervene to save it. Normally, cabinet-level officials would be informed in advance of the options to be discussed at a meeting like the one scheduled on Tuesday.

This time, officials have been informed that their bosses will learn what numbers the White House is proposing only when they sit down at the table and are asked to weigh in.

Correction: September 6, 2019

An earlier version of this article misstated the age of a refugee program. It is 40 years old, not 50 years old.

Helene Cooper and Thomas Gibbons-Neff contributed reporting.

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

Here’s a recent post featuring Don Kerwin of Center for Migration Studies (“CMS”) highlighting the many successes of our national refugee program and how it serves the national need.

https://immigrationcourtside.com/2019/07/21/don-kerwin-cms-refugees-helped-make-america-great-now-unpatriotic-trump-administration-plans-to-completely-abandon-worlds-refugees-at-their-time-of-greatest-need-rich/

As someone who worked on the enactment and initial implementation of the Refugee Act of 1980, I find Trump’s actions to be shockingly un-American and short sighted. The Refugee Program is there for very good reasons — to implement our obligations under the U.N. Convention & Protocol Relating To The Status of Refugees in an orderly and transparent manner with needed participation from both Congress and the Executive. 

While no program is “perfect,” the Refugee Admissions Program under the Refugee Act of 1980 is about as close to a perfect program as you can get. It has fostered nearly unprecedented cooperation among the U.S., other signatory countries, and NGOs who do much of the “footwork” at minimal costs to the Government in relation to the program’s long-term contributions to saving lives and promoting the national interest. Terminating it is nothing short of insane — the action of diseased and twisted minds overcome by fear, cowardice, and White Nationalist-stoked racism.

Undoubtedly, a future Administration will attempt to restore the program to its important place in the American foreign and domestic policy arenas. But, it won’t be so easy. The success of today’s overseas program is based on years of shared expertise among our government institutions, the NGO community, and the international community. Once that apparatus is “disassembled” and the expertise lost or diverted elsewhere, it will not be easily or quickly restored. 

Indeed a much more rational program, recommended by many, would be to substantially increase our refugee admissions, even above Obama Administration levels, and to include a realistically generous and robust program for identifying and accepting for resettlement refugees from the Northern Triangle without forcing them to make the difficult journey to the U.S. border to seek our protection.

Incidentally, since there is an irreducible requirement of “non refoulment,” or “non-return” under Article 33 of the U.N. Convention & Protocol, refugees will continue to seek protection from the U.S. no matter what lengths to which the Trump Administration goes to harass and punish therm. Eliminating existing legal refugee and asylum programs will just make their quest more dangerous and uncertain. It also will force those who succeed in establishing their cases for protection to “remain in limbo” in the U.S. rather than being welcomed and integrated into our society so that they can achieve their full human potential. Talk about a “lose-lose!” But, ultimately, making everybody a loser is about the only real skill that Trump, American’s greatest con-man, possesses.

Every day, the vile characters in the Trump Administration lead our country downward — toward the darkest recesses of failure and despair. We need national leaders who can show us the way upward again, before it’s too late for all of us.

PWS

09-08-19

INSIDE THE KAKISTOCRACY: Stephen Miller “repeatedly demanded implementation of policies that were legally questionable, impractical, unethical or unreasonable.” — Only Some Courageous Private Lawyers & Federal Judges Stand Between Us & A Racist Debacle! — Law Proving An Obstacle To Scofflaw White Nationalists!

https://www.nytimes.com/2019/04/14/us/politics/trump-immigration-stephen-miller.html

Eileen Sullivan and Michael D. Shear report for the NY Times

WASHINGTON — Stephen Miller was furious — again.

The architect of President Trump’s immigration agenda, Mr. Miller was presiding last month over a meeting in the White House Situation Room when he demanded to know why the administration officials gathered there were taking so long to carry out his plans.

A regulation to deny welfare benefits to legal immigrants — a change Mr. Miller repeatedly predicted would be “transformative” — was still plodding through the approval process after more than two years, he complained. So were the new rules that would overturn court-ordered protections for migrant children. They were still not finished, he added, berating Ronald D. Vitiello, the acting head of Immigration and Customs Enforcement.

“You ought to be working on this regulation all day every day,” he shouted, as recounted by two participants at the meeting. “It should be the first thought you have when you wake up. And it should be the last thought you have before you go to bed. And sometimes you shouldn’t go to bed.”

A few weeks after that meeting, the consequences of Mr. Miller’s frustration and the president he was channeling have played out in striking fashion.

Mr. Trump has withdrawn Mr. Vitiello’s nomination to permanently lead ICE and pushed out Kirstjen Nielsen, his homeland security secretary. The department’s acting deputy secretary, Claire Grady, and the Secret Service director, Randolph D. Alles, are departing as well. And the White House has made it clear that others, including L. Francis Cissna, the head of United States Citizenship and Immigration Services, and John Mitnick, the department’s general counsel, are likely to go soon.

Mr. Trump insisted in a tweet on Saturday that he was “not frustrated” by the situation at the border, where for months he has said there is a crisis that threatens the nation’s security. But unable to deliver on his central promise of the 2016 campaign, he has targeted his administration’s highest-ranking immigration officials.

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And behind that purge is Mr. Miller, the 33-year-old White House senior adviser. While immigration is the issue that has dominated Mr. Trump’s time in office, the president has little interest or understanding about how to turn his gut instincts into reality. So it is Mr. Miller, a fierce ideologue who was a congressional spokesman before joining the Trump campaign, who has shaped policy, infuriated civil liberties groups and provoked a bitter struggle within the administration.

White House officials insisted to reporters last week that they had no choice but to move against administration officials unwilling or unable to make their agencies produce results. One senior administration official at the White House, who requested anonymity to discuss what he called a sensitive topic, said many of the administration’s core priorities have been “either moving too slowly or moving in the wrong direction.”

But current and former officials from those agencies, who also requested anonymity to discuss contentious relations with the White House, describe a different reality.

The purge, they said, was the culmination of months of clashes with Mr. Miller and others around the president who have repeatedly demanded implementation of policies that were legally questionable, impractical, unethical or unreasonable. And when officials explained why, it further infuriated a White House set on making quick, sweeping changes to decades-old laws.

In a twist, many of the officials who have clashed with the White House were the president’s own political appointees, who share his broad goal of limiting immigration into the United States. To that end, they have already succeeded in lowering the number of refugees allowed into the United States, imposing a travel ban on entry from mostly Muslim nations, speeding up denaturalization proceedings, slowing asylum processing at ports of entry and developing proposals to limit work permits for spouses of high-tech workers.

“I don’t think the president’s really cleaning house,” said Thomas D. Homan, a former acting ICE director and strong supporter of the president’s immigration agenda. “I think he’s setting the reset button.”

A White House spokesman declined a request for comment. But even several of the most right-wing, anti-immigration groups have had a mixed reaction to the treatment of the immigration officials Mr. Trump and Mr. Miller have targeted.

The Center for Immigration Studies tweeted that “Nielsen got tough at the end of her tenure, but it was largely too little, too late.” The Federation for American Immigration Reform wrote: “Under Francis Cissna’s leadership, USCIS has issued a steady stream of policy changes and regulations that are firmly in line with President Trump’s immigration agenda. Removing him would be a huge mistake.”

But it has not been enough for Mr. Miller and his allies in the White House feeling the constant pressure from Mr. Trump.

Perhaps the greatest point of contention within the administration has been the asylum laws that are the root cause of the most vivid manifestation of the immigration issue: the hundreds of thousands of migrant families from Central America who have surged toward the southwestern border, fleeing violence and poverty.

In a Tuesday afternoon “deputies” conference call last year with about 50 or 60 officials from across government, Mr. Miller demanded to know why nearly all of the families seeking asylum were passing the first hurdle — a screening interview to determine whether they have a “credible fear” of persecution if they were returned to their home countries.

Mr. Miller and others in the White House were outraged that 90 percent or more of the applicants passed the first screening, a concern during the Bush administration, as well. Immigration judges ultimately deny all but about 20 percent of the asylum requests, but because of a backlog of hundreds of thousands of cases, many asylum seekers wait years for their case to be heard for the second time, giving them the chance to gain work permits, build roots and disappear in the United States.

To Mr. Miller, the asylum process was a giant loophole that needed to be plugged. And he faulted the asylum officers at Citizenship and Immigration Services who were conducting the screenings for having a cultural bias that made them overly sympathetic to the asylum seekers. “You need to tighten up,” Miller insisted.

Immigration officials on the conference call did not disagree that too many migrants were granted asylum in the initial “credible fear” screening. But the rules for conducting the screenings were written into law by Congress and designed to be generous so that persecuted people had a real opportunity to seek asylum. It was unclear, the officials said, what else the agency could do.

A Border Patrol vehicle near the border fence in Sunland Park, N.M. White House officials recently pushed to have Border Patrol agents, instead of asylum officers, conduct initial screenings of asylum seekers.CreditJose Luis Gonzalez/Reuters
Image
A Border Patrol vehicle near the border fence in Sunland Park, N.M. White House officials recently pushed to have Border Patrol agents, instead of asylum officers, conduct initial screenings of asylum seekers.CreditJose Luis Gonzalez/Reuters

Listening to Mr. Miller continue to hammer the issue, two people on the call recalled, it was almost as if Mr. Miller wanted asylum officers to ignore the law. At one point during the call, Mr. Cissna erupted in frustration.

“Enough. Enough. Stand down!” he said.

But such pressure from the White House was hardly unique, according to officials from multiple agencies.

For instance, a federal judge last week ruled that the White House early in the administration had improperly pressured officials at Citizenship and Immigration Services to terminate an immigration program for Haiti called Temporary Protected Status.

The judge said the decision in 2017 to end the program was contrary to the statute and indicated that the White House had strongly influenced the department.

More recently, White House officials pushed during one of the Tuesday afternoon conference calls to have Border Patrol agents, instead of asylum officers, conduct “credible fear” interviews. The notion, they said, was that the Border Patrol agents could process interviews quickly and cut out the several-day wait to schedule a meeting with an asylum officer.

Many of the immigration officials recoiled at the idea. Assigning agents to interview duty would pull them from their primary roles at the ports and along the border. Even worse, asylum laws require interviewers to undergo up to two months of training that would strain the already understaffed Border Patrol stations.

But even if they could be trained, officials told the White House, the logistics would be a nightmare. Cramped Border Patrol stations — many of which look like small, rural police stations — were not set up to conduct scores of two-hour interviews with hundreds of migrants flooding into border communities each day.

When the idea leaked out in early April, immigrant rights advocates accused the Trump administration of trying to prevent migrants from having a real chance at asylum.

“Border Patrol officers are simply not qualified to do this,” said Eleanor Acer, the director of the refugee program at Human Rights First. “This will put unfit, untrained and unqualified agents in charge of determining who warrants potentially lifesaving protection in the United States.”

To Mr. Miller and other White House officials, it was another instance in which the law and machinations of government were getting in the way of needed changes. And they think there are many others.

In November, as Mr. Trump railed publicly about the dangers of migrant caravans from Central America, a top White House domestic policy adviser floated the idea of taking migrants who had been apprehended to so-called sanctuary cities represented by Democrats. Homeland security officials, who saw the idea as political retribution, resisted.

In an email, Matthew Albence, the acting deputy director of ICE, said that it would create “an unnecessary operational burden” and that transporting the migrants to a different location was not “a justified expenditure.” Lawyers at the Department of Homeland Security, including Mr. Mitnick, also questioned the idea’s legality.

The idea was dropped until last week, when news stories about the rejected proposal prompted Mr. Trump to say his administration was still considering the option.

Mr. Trump has also not given up on the idea of shutting down the southern border, a move economists have said would be catastrophic and halt nearly $1.7 billion of goods and services that flow across the border each day.

Even as Mr. Trump retreated publicly and said he would give Mexico a year to do more to prevent migrants from reaching the southern border of the United States, he has made it clear to his advisers privately that the closing was still on the table.

His insistence increased the friction with his top immigration officials, especially Ms. Nielsen, who tried to talk him out of closing the ports of entry and refusing to grant asylum. Ms. Nielsen explained why she could not do that, citing economic and legal issues — banning migrants from seeking asylum would be against the law.

When Ms. Nielsen did not give the president the answer he sought, he turned to Kevin McAleenan, the commissioner of Customs and Border Protection, and asked him to stop migrants from entering the country. Mr. Trump told Mr. McAleenan that he would pardon him if he ran into any legal problems, according to officials familiar with the conversation — though he denied it in a tweet Saturday night.

Ms. Nielsen’s refusal to shut down the southern border appeared to be the final straw for Mr. Trump. After forcing her resignation, he named Mr. McAleenan the acting secretary of the department.

But Mr. Miller remains unsatisfied. Lately, he has made clear to immigration officials and others in the White House that he remains frustrated with the still-pending regulation on welfare benefits for immigrants. After nearly two years of painstaking work and more than 200,000 public comments, the 447-page rule is on track to eventually be published.

And it is not clear that the political bloodletting is over. Mr. Cissna and Mr. Mitnick remain in bureaucratic limbo, having received neither their walking papers nor an explicit stay of execution. While Mr. McAleenan is now the acting secretary of homeland security, rumors persist that Mr. Trump may want someone else to be the permanent head of the department.

Inside the immigration agencies, there is a persistent rumor that Mr. Trump may yet name an immigration czar to better coordinate — or, some believe, control — the sprawling immigration bureaucracy.

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Good thing we have the New Due Process Army to fight against Miller and his forces of evil out to destroy American democracy.
PWS
04-15-19

TRUMP’S WHITE NATIONALIST DRIVEN “MALICIOUS INCOMPETENCE” HAS MADE THE BORDER SITUATION WORSE — Refugees, Many Of Them Abused Women & Children, & Other Vulnerable Migrants Are Being “Re-Victimized” By An Administration That Spreads Racist-Inspired Lies, Mocks The Rule Of Law, & Has Abandoned Human Decency!

https://www.nytimes.com/2019/04/10/us/immigration-border-mexico.html

Manny Fernandez

Michael D. Shear, Miriam Jordan, and Manny Fernandez report for the NY Times:

. . . .

American diplomats say the best way to confront that kind of lawlessness is with the hundreds of millions of dollars in foreign aid that has been flowing to Guatemala, El Salvador and Honduras for several years, designed to bolster the rule of law and improve the economy.

Image

At the Good Neighbor Settlement House in Brownsville, migrants rest, exhausted, after a meal.
At the Good Neighbor Settlement House in Brownsville, migrants rest, exhausted, after a meal.CreditIlana Panich-Linsman for The New York Times

Last week, Mr. Trump abruptly abandoned those efforts, ordering the State Department to scrap about $500 million in aid to the three countries. Mr. Trump’s decision has been criticized by members of both parties, who call it shortsighted.

Likewise, critics say that Mr. Trump’s repeated denigration of Mexico over the years — including his insistence on building a border wall — risks undermining Mexico’s willingness to help to keep Central American migrants from traveling to the United States.

“This is the first Mexican administration that has even been oriented toward doing that,” Ms. Meissner, the Clinton administration immigration commissioner, said.

But blaming other countries and painting those coming across the border from Mexico as a national security threat has never failed to animate Mr. Trump’s core supporters — the ones who helped deliver him the White House in 2016.

“It’s an invasion,” Mr. Trump declared in February, after Congress denied him money to build a wall. “We have an invasion of drugs and criminals coming into our country.”

In fact, the migrants are mostly victims of the broken immigration system. They are not, by and large, killers, rapists or gang members. Most do not carry drugs. They have learned how to make asylum claims, just as the law allows them to do. And nearly all of them are scared — of being shipped off to Mexico, separated from their children, sent to prison. Scared, especially, of going home.

Zolan Kanno-Youngs and Caitlin Dickerson contributed reporting.

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

This is just the conclusion of the much longer article that you can read at the above link.

Unless and until the U.S. recognizes the situation for what it is — Forced Migration —- there can be no effective solutions.

Tone-deaf (and worse) legislators and policy makers (mostly in the GOP) refuse to recognize the fundamental truth — Forced Migrants are Forced Migrants — they ultimately won’t be deterred by harsh laws, malicious prosecutions, biased judges, unfair “expeditious returns,” inhumane imprisonments, racist rhetoric, or any of the other often tried always failed enforcement policies that this Administration and its supporters so love.

The other fundamental truth that Trump ignores is that refugees, asylees, and other forced migrants overall have a positive impact on receiving countries.  They are a human force that should be regulated but not generally avoided. Indeed, that’s a “win-win” formula for success that should replace our current Administration’s insistence on intentionally turning migration situations from opportunities for success into otherwise avoidable “lose-lose” situations.

What will work is dealing with the root causes of forced migration; providing feasible alternatives to coming to the U.S.; fairly and timely adjudicating applications for protection; assimilation; and in some cases truly voluntary, interest-based decisions to return to a country of origin after conditions improve (not expulsion or forced returns).

Targeting human smugglers, drug smugglers, persecutors, and other types of criminals through sophisticated, intelligence-biased undercover-type operations could also be effective.

International cooperation and involvement of the UNHCR and other humanitarian NGOs is also essential.

Better government produces better results; that’s not “rocket science.”

PWS

04-10-19

NY TIMES: How Trump’s Toxic Use Of “The Wall” Has Destroyed Bipartisan Dialogue & Compromise On Border Security

https://www.nytimes.com/2019/01/12/us/politics/trump-wall-border-security-debate.html

Michael D. Shear reports for the NYT:

Washington used to know how to have a serious debate about border security.

Republicans demanded more money for Border Patrol agents and necessary fences. Democrats argued for better surveillance technology and more resources at the ports of entry. The two parties squabbled over how much to spend, how to pay for it and how it all fit into the broader struggle to overhaul the nation’s broken immigration system.

But President Trump has demolished the decades-old, bipartisan understanding about how to bargain over the border. In Mr. Trump’s world, there are no alternatives that can form the basis of a legislative give-and-take, much as his allies and adversaries might hope for them. For the president, the only way to stop what he calls an “onslaught” of illegal immigrants is to erect a massive, concrete or steel barrier across the nearly 2,000-mile border with Mexico.

“Drones and all of the rest are wonderful and lots of fun, but it is only a good old fashioned Wall that works!” he tweeted last month.

By conjuring images of a towering stone edifice around a medieval fortress — and branding those on the outside as invaders threatening to bring crime, drugs and disease to the United States — Mr. Trump has transformed what used to be a complicated, nuanced negotiation into a take-it-or-leave-it demand, laced with xenophobia, that has shuttered nearly a quarter of the government for weeks.

“He turns a debate that is fundamentally about more or less, measured in dollars, and makes it a debate that is wall or not,” said Frank Sharry, a pro-immigration activist who has battled over border security for decades in the nation’s capital. “It’s become cartoonish.”

For decades, immigration has been an emotional and bitterly fought battle in Washington and around the country. But even so, there has been a consensus among most Republicans and Democrats that securing the southern border requires a mix of costly strategies. That included a large number of Border Patrol agents posted at key points along the vast stretch of land from San Diego to Brownsville, Tex., fences in urban areas and barriers to stop vehicles from crossing and high-tech surveillance gear to alert the Border Agents to the presence of migrants and drugs.

Until Mr. Trump was elected, the sticking points had largely been about other parts of the broader immigration debate — cracking down on people who stay longer than their visas allow; preventing companies from hiring illegal immigrants; expanding opportunities for legal immigration; and providing status to those already in the country illegally, including immigrants brought to the United States as children.

Such a comprehensive deal is completely out of reach now. But Mr. Trump’s behavior during the past several weeks suggests that even reaching a smaller, more targeted agreement on security arrangements at the border is more elusive than ever before.

The current government shutdown, which began just before Christmas, is now the longest one ever in United States history. In the 22 days since the government shut down, there have been virtually no negotiations by congressional lawmakers or the White House. There have been no marathon, pizza-fueled sessions in back rooms at the Capitol. Lawmakers have not traded detailed proposals with each other. Mr. Trump refused to give an inch in his Oval Office speech, and has spent more time in an extended photo-op at the border than he has at the negotiating table.

It has all left veterans of past border debates exasperated and frustrated.

“We know how to secure borders,” said Alex Conant, a Republican strategist who was a top aide to Senator Marco Rubio in 2013 when the Republican senator from Florida helped lead the last major, bipartisan effort to overhaul immigration. “The 2013 immigration plan had what everybody agreed was the most effective way possible to secure borders and other points of entry.”

With the backing of President Barack Obama, a bipartisan group of eight senators that year succeeded in passing a comprehensive overhaul of the nation’s immigration system. But the legislation, which passed with 68 votes, prompted fierce opposition from conservative Republicans, who condemned it as amnesty for 11 million undocumented immigrants. It was never brought up for a vote in the House.

Still, the Senate legislation was an indication of where the two parties could agree on border security. It doubled the number of Border Patrol agents, from 19,000 to almost 40,000, an increase that even the authors of the proposal agreed was overkill but was designed mostly as an enticement to win Republican support.

Senators from both parties also agreed on money for technological improvements along the border. The bill allocated $3.2 billion for drones, infrared ground sensors and long-range thermal imaging cameras to give Border Patrol agents advance notice when migrants cross illegally, especially at night. It also included money for an electronic employment verification system for all employers and upgrades at airports to catch immigrants who overstay their visas.

And the consensus included some physical barriers — what Mr. Trump might call walls and others would call fencing. Years earlier, the Secure Fence Act of 2006 allocated money to build about 650 miles of barriers along the border. The 2013 bill, had it been signed into law, would have increased that total to almost 700 miles, mostly along the eastern half of the border with Mexico.

Almost all of the fencing that Congress has approved has already been built. In populated areas, the fence is tall and steel or chain-link and designed to keep people out. In other places, the barrier is nothing more than short, metal poles spaced out to keep vehicles from driving through, or low, wooden fences that run alongside pedestrian paths.

In 2011, a Government Accountability Office report concluded that despite 649 miles of completed fencing, the “the southwest border continues to be vulnerable to cross-border illegal activity, including the smuggling of humans and illegal narcotics.”

The report recognized that barriers have mostly not been built in the vast, empty stretches in Texas, where rivers and mountains as natural borders have prevented cars from crossing into the United States and made the trek by foot difficult, if not impossible. But Mr. Trump seizes on conclusions like the G.A.O. report’s about the continued influx of illegal immigrants at the southern border as proof that he is right in demanding a continuous wall.

In remarks to reporters after a meeting with Democrats at the White House earlier this month, Mr. Trump insisted that the only way to prevent immigrants from crossing between the 25 official ports of entry is to erect fences everywhere else.

“We can’t let gaps. Because if you have gaps, those people are going to turn their vehicles, or the gangs — they’re going to coming in through those gaps,” the president said. “And we cannot let that happen.”

But there continue to be questions about the wisdom of building a wall from “sea to shining sea,” even from inside Mr. Trump’s administration.

A different G.A.O. report, released last year, examined the preliminary cost estimates by Customs and Border Protection of what it would cost to extend the wall along the entire border. The report criticized the border agency, saying that the cost estimates did not take into account that costs would vary depending on the kind of terrain where they were built.

In recent days, the rhetoric between the two sides has become more strident than ever. Mr. Trump and his Republican allies have pointed out that Democrats supported fencing in the past, though they purposefully ignore the context of those votes and the difference between the fencing that Democrats supported and the all-or-nothing wall that the president has demanded.

Speaker Nancy Pelosi of California has called the wall “immoral,” cementing her position against it.

“At this point, the idea we could overlook the rhetoric and get a deal done is much harder,” Mr. Sharry, the pro-immigration activist, said.

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

No surprise that the “Clown in Chief” has turned the dialogue “cartoonish” in the words of Frank Sharry.

“The Wall” has become a symbol for racism, xenophobia, the White Nationalist restrictionist agenda, immoral Government expenditures, and pandering to Trump’s political “base.” That makes it difficult for the Dems to give Trump what he wants unless they get something equally big and symbolic in return (e.g., Dreamer relief).

And, what Pelosi says makes perfect sense: If Trump couldn’t get “the Wall” when the GOP was in change, it’s unrealistic to think that the Democrats, having finally regained control of the House, are going to give it to him. Not to mention that the Wall is unpopular with the majority of Americans.

PWS

01-13-19

DUE PROCESS LIVES: JUDGE SABRAW FINDS SEPARATION OF FAMILIES VIOLATES CONSTITUTION — ORDERS DHS TO FIX IT W/IN 30 DAYS — MS. L- v. ICE – “The unfortunate reality is that under the present system, migrant children are not accounted for with the same efficiency and accuracy as property,” the judge wrote.

NY TIMES ARTICLE:

https://www.nytimes.com/2018/06/26/us/politics/family-separations-congress-states.html?emc=edit_nn_20180627&nl=morning-briefing&nlid=7921388620180627&te=1

FULL DECISION:

full

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The “Roberts Five” might have swallowed their whistles along with our Constitution. But, some Federal Judges still take their oaths of office seriously, even in the age of Trump. BTW, Judge Sabraw was appointed by George W. Bush.

PWS

06-27-18

TRUMP’S LATEST “OFFER” TO TRADE 1.8 MILLION DREAMERS FOR WHITE NATIONALIST RESTRICTIONIST IMMIGRATION AGENDA APPEARS DOA IN SENATE!

https://www.nytimes.com/2018/01/25/us/politics/trump-immigration-plan-white-house.html

Michael D. Shear & Sheryl Gay Stolberg report for the NYT:

“WASHINGTON — President Trump proposed legislation on Thursday that would provide a path to citizenship for as many as 1.8 million young, undocumented immigrants in exchange for an end to decades of family-based migration policies, a massive border wall and a vast crackdown on other illegal immigrants already living in the country.
Describing the plan as “extremely generous” but a take-it-or-leave-it proposal by the president, White House officials said they hoped it will be embraced by conservatives and centrists in Congress as the first step in an even broader effort to fix the nation’s broken immigration system.
But the plan — drafted by Stephen Miller, the president’s hard-line domestic policy adviser and John F. Kelly, the White House chief of staff — was immediately rejected by Democrats, pro-immigration activists and some Republicans, with some describing it as nothing but an attempt to rid the country of immigrants and close the nation’s borders.
Republican and Democratic senators are working on a narrower immigration plan of their own, hoping that if it can pass the Senate with a strong, bipartisan majority, it would be Mr. Trump who would have the take-it-or-leave-it decision.
“We will oppose it. Most if not all Democrats will oppose it. Some Republicans will, too,” said Frank Sharry, the executive director of America’s Voice, a pro-immigration group. “We are not going to allow Stephen Miller to exploit a crisis that he and his boss created to take a wrecking ball to the Statue of Liberty and enact his nativist wish list.”
Eddie Vale, a Democratic consultant working with a coalition of immigration groups, described the president’s proposal as an effort to sabotage bipartisan talks and win passage of “a white supremacist wish list.”
Anti-immigration activists also assailed the plan, though for the opposite reason. The Breitbart.com website greeted word of the president’s plan with the headline: “Amnesty Don Suggests Citizenship for Illegal Aliens.”
Under Mr. Trump’s plan, described to reporters by senior White House officials, young immigrants who were brought into the United States as children, would be granted legal status, allowed to work legally, and could become citizens over a 10-to-12 year period if they remain out of trouble with the law.
Officials said that would include about 690,000 people who signed up for protection under an Obama-era program, known as Deferred Action for Childhood Arrivals, or DACA, but also for another 1.1 million undocumented immigrants who would have qualified for the program but never applied. Mr. Trump ended the DACA program last September.
In exchange, Congress would have to create a $25 billion trust fund to pay for a southern border wall, dramatically boost immigration arrests, speed up deportations, crack down on people who overstay their visas, prevent citizens from bringing their parents to the United States, and end a State Department program designed to encourage migration from underrepresented countries.
White House officials said that the list of enhanced security measures — which have been on anti-immigration wish lists for decades — were nonnegotiable parts of their plan. They warned that if no deal is reached, young DACA recipients will face deportation when the program fully expires on March 5.”

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Read the complete article at the link.

Looks more like political grandstanding than a serious proposal geared to attract bipartisan support. About all you need to know is that it was put together by White Nationalist racist Steven Miller.

PWS

01-25-18

 

THE NY TIMES TAKES YOU INSIDE THE “NERVE CENTER” OF THE WHITE NATIONALIST EMPIRE: TRUMP’S “GONZO” IMMIGRATION POLICIES DRIVEN BY XENOPHOBIA, RACISM, IRRATIONAL FEAR, FAKE NEWS, MISINFORMATON, AND BIAS! – Trump & Cronies Deny Our Nation’s Immigrant Past While Seeking To Destroy Our Future As A Powerful and Diverse Democracy!

https://www.nytimes.com/2017/12/23/us/politics/trump-immigration.html?_r=0

 

Michael D. Shear & Julie Hirschfield Davis report for the NY Times:

“WASHINGTON — Late to his own meeting and waving a sheet of numbers, President Trump stormed into the Oval Office one day in June, plainly enraged.

Five months before, Mr. Trump had dispatched federal officers to the nation’s airports to stop travelers from several Muslim countries from entering the United States in a dramatic demonstration of how he would deliver on his campaign promise to fortify the nation’s borders.

But so many foreigners had flooded into the country since January, he vented to his national security team, that it was making a mockery of his pledge. Friends were calling to say he looked like a fool, Mr. Trump said.

According to six officials who attended or were briefed about the meeting, Mr. Trump then began reading aloud from the document, which his domestic policy adviser, Stephen Miller, had given him just before the meeting. The document listed how many immigrants had received visas to enter the United States in 2017.

More than 2,500 were from Afghanistan, a terrorist haven, the president complained.

Haiti had sent 15,000 people. They “all have AIDS,” he grumbled, according to one person who attended the meeting and another person who was briefed about it by a different person who was there.

Forty thousand had come from Nigeria, Mr. Trump added. Once they had seen the United States, they would never “go back to their huts” in Africa, recalled the two officials, who asked for anonymity to discuss a sensitive conversation in the Oval Office.

As the meeting continued, John F. Kelly, then the secretary of homeland security, and Rex W. Tillerson, the secretary of state, tried to interject, explaining that many were short-term travelers making one-time visits. But as the president continued, Mr. Kelly and Mr. Miller turned their ire on Mr. Tillerson, blaming him for the influx of foreigners and prompting the secretary of state to throw up his arms in frustration. If he was so bad at his job, maybe he should stop issuing visas altogether, Mr. Tillerson fired back.

Tempers flared and Mr. Kelly asked that the room be cleared of staff members. But even after the door to the Oval Office was closed, aides could still hear the president berating his most senior advisers.

Sarah Huckabee Sanders, the White House press secretary, denied on Saturday morning that Mr. Trump had made derogatory statements about immigrants during the meeting.

“General Kelly, General McMaster, Secretary Tillerson, Secretary Nielsen and all other senior staff actually in the meeting deny these outrageous claims,” she said, referring to the current White House chief of staff, the national security adviser and the secretaries of state and homeland security. “It’s both sad and telling The New York Times would print the lies of their anonymous ‘sources’ anyway.”

While the White House did not deny the overall description of the meeting, officials strenuously insisted that Mr. Trump never used the words “AIDS” or “huts” to describe people from any country. Several participants in the meeting told Times reporters that they did not recall the president using those words and did not think he had, but the two officials who described the comments found them so noteworthy that they related them to others at the time.

The meeting in June reflects Mr. Trump’s visceral approach to an issue that defined his campaign and has indelibly shaped the first year of his presidency.

How We Reported This Story

The Times conducted over three dozen interviews with current and former administration officials, lawmakers and others close to the process.

Seizing on immigration as the cause of countless social and economic problems, Mr. Trump entered office with an agenda of symbolic but incompletely thought-out goals, the product not of rigorous policy debate but of emotionally charged personal interactions and an instinct for tapping into the nativist views of white working-class Americans.

Like many of his initiatives, his effort to change American immigration policy has been executed through a disorderly and dysfunctional process that sought from the start to defy the bureaucracy charged with enforcing it, according to interviews with three dozen current and former administration officials, lawmakers and others close to the process, many of whom spoke on the condition of anonymity to detail private interactions.

But while Mr. Trump has been repeatedly frustrated by the limits of his power, his efforts to remake decades of immigration policy have gained increasing momentum as the White House became more disciplined and adept at either ignoring or undercutting the entrenched opposition of many parts of the government. The resulting changes have had far-reaching consequences, not only for the immigrants who have sought to make a new home in this country, but also for the United States’ image in the world.

“We have taken a giant steamliner barreling full speed,” Mr. Miller said in a recent interview. “Slowed it, stopped it, begun to turn it around and started sailing in the other direction.”

It is an assessment shared ruefully by Mr. Trump’s harshest critics, who see a darker view of the past year. Frank Sharry, the executive director of America’s Voice, a pro-immigration group, argues that the president’s immigration agenda is motivated by racism.

“He’s basically saying, ‘You people of color coming to America seeking the American dream are a threat to the white people,’” said Mr. Sharry, an outspoken critic of the president. “He’s come into office with an aggressive strategy of trying to reverse the demographic changes underway in America.”

. . . .

Even as the administration was engaged in a court battle over the travel ban, it began to turn its attention to another way of tightening the border — by limiting the number of refugees admitted each year to the United States. And if there was one “deep state” stronghold of Obama holdovers that Mr. Trump and his allies suspected of undermining them on immigration, it was the State Department, which administers the refugee program.

At the department’s Bureau of Population, Refugees and Migration, there was a sense of foreboding about a president who had once warned that any refugee might be a “Trojan horse” or part of a “terrorist army.”

Mr. Trump had already used the travel ban to cut the number of allowable refugees admitted to the United States in 2017 to 50,000, a fraction of the 110,000 set by Mr. Obama. Now, Mr. Trump would have to decide the level for 2018.

At an April meeting with top officials from the bureau in the West Wing’s Roosevelt Room, Mr. Miller cited statistics from the restrictionist Center for Immigration Studies that indicated that resettling refugees in the United States was far costlier than helping them in their own region.

Mr. Miller was visibly displeased, according to people present, when State Department officials pushed back, citing another study that found refugees to be a net benefit to the economy. He called the contention absurd and said it was exactly the wrong kind of thinking.

But the travel ban had been a lesson for Mr. Trump and his aides on the dangers of dictating a major policy change without involving the people who enforce it. This time, instead of shutting out those officials, they worked to tightly control the process.

In previous years, State Department officials had recommended a refugee level to the president. Now, Mr. Miller told officials the number would be determined by the Department of Homeland Security under a new policy that treated the issue as a security matter, not a diplomatic one.

When he got word that the Office of Refugee Resettlement had drafted a 55-page report showing that refugees were a net positive to the economy, Mr. Miller swiftly intervened, requesting a meeting to discuss it. The study never made it to the White House; it was shelved in favor of a three-page list of all the federal assistance programs that refugees used.

At the United Nations General Assembly in September, Mr. Trump cited the Center for Immigration Studies report, arguing that it was more cost-effective to keep refugees out than to bring them into the United States.

“Uncontrolled migration,” Mr. Trump declared, “is deeply unfair to both the sending and receiving countries.”

. . . .

As the new year approached, officials began considering a plan to separate parents from their children when families are caught entering the country illegally, a move that immigrant groups called draconian.

At times, though, Mr. Trump has shown an openness to a different approach. In private discussions, he returns periodically to the idea of a “comprehensive immigration” compromise, though aides have warned him against using the phrase because it is seen by his core supporters as code for amnesty. During a fall dinner with Democratic leaders, Mr. Trump explored the possibility of a bargain to legalize Dreamers in exchange for border security.

Mr. Trump even told Republicans recently that he wanted to think bigger, envisioning a deal early next year that would include a wall, protection for Dreamers, work permits for their parents, a shift to merit-based immigration with tougher work site enforcement, and ultimately, legal status for some undocumented immigrants.

The idea would prevent Dreamers from sponsoring the parents who brought them illegally for citizenship, limiting what Mr. Trump refers to as “chain migration.”

“He wants to make a deal,” said Mr. Graham, who spoke with Mr. Trump about the issue last week. “He wants to fix the entire system.”

Yet publicly, Mr. Trump has only employed the absolutist language that defined his campaign and has dominated his presidency.

After an Uzbek immigrant was arrested on suspicion of plowing a truck into a bicycle path in Lower Manhattan in October, killing eight people, the president seized on the episode.

Privately, in the Oval Office, the president expressed disbelief about the visa program that had admitted the suspect, confiding to a group of visiting senators that it was yet another piece of evidence that the United States’ immigration policies were “a joke.”

Even after a year of progress toward a country sealed off from foreign threats, the president still viewed the immigration system as plagued by complacency.

“We’re so politically correct,” he complained to reporters in the cabinet room, “that we’re afraid to do anything.”

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Read the full, much more comprehensive and detailed, article at the link.

Disturbing for sure, but unfortunately not particularly surprising for those of us who have watched the Administration roll out its toxic, ill-informed immigration policies. Perhaps ironically, while the immigration issue has certainly allowed Trump to capture and control the GOP, polls show that his extreme restrictionist, xenophobic views on immigration are generally out of line with the majority of Americans (although not necessarily the majority of GOP voters).

PWS

12-23-17