U.S. IMMIGRATION COURTS: Judge James McHenry Named Acting EOIR Director!

In a move that many Immigration Court observers might find unusual, Attorney General Jeff Sessions has appointed Judge James McHenry as the Acting Director of EOIR. Judge McHenry was appointed an Administrative Law Judge in the Office of Chief Administrative Hearing Officer (“OCAHO”) in December 2106. OCAHO has jurisdiction over employer sanctions civil cases and certain employment discrimination cases involving foreign workers.

While Judge McHenry has stellar academic and professional credentials, and is an “EOIR vet,” having served as a Judicial Law Clerk/Attorney Adviser in the Buffalo and Baltimore Immigration Courts, it is unusual in my experience for the acting head of EOIR to come from outside the ranks of current or former members of the Senior Executive Service, since it is a major executive job within the DOJ.

Here is a recent bio of Judge McHenry taken from the press release of his December appointment as an ALJ:

“James McHenry, Administrative Law Judge

James McHenry was appointed as an administrative law judge (ALJ) for the Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), in November 2016. Judge McHenry earned a Bachelor of Science degree in 1997 from the Georgetown University School of Foreign Service, a Master of Arts degree in 2003 from the Vanderbilt University Graduate School, and a Juris Doctor in 2003 from the Vanderbilt University Law School. From February to November 2016, he served as an ALJ for the Office of Disability Adjudication and Review, Social Security Administration, in Baltimore, and previously from 2014 to February 2016, in Greenville, S.C. From 2010 through 2014 he served as a senior attorney for the Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Atlanta. From 2010 through 2011, he served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Northern District of Georgia, DOJ, in Atlanta. From 2005 through 2010, he served as an assistant chief counsel for OPLA, ICE, DHS, in Atlanta. From 2004 through 2005, he served as an attorney advisor for the Office of the Chief Immigration Judge (OCIJ), EOIR, DOJ, in Baltimore. From 2003 through 2004, he served as a judicial law clerk for OCIJ, EOIR, DOJ, in Buffalo, entering on duty through the Attorney General’s Honors Program. Judge McHenry is a member of the Tennessee State Bar.”

As noted by Politico in a report last week, it is strange that neither the DOJ nor EOIR has issued any press release or other official statement announcing the departure of Director Juan Osuna and Deputy Director Ana Kocur and the appointment of Judge McHenry to be Acting Director. Here’s a link to the Politico item: http://wp.me/p8eeJm-SZ

While sources confirm that an internal announcement was sent to EOIR employees last Friday, and Judge McHenry sent his own message to all of EOIR, as of Tuesday AM, there were no publicly posted announcements of these important personnel changes. However, Judge McHenry’s bio now does appear under the “Meet the Acting Director” tab on the EOIR website.

Congratulations and good luck to Judge McHenry in his important new role. He takes the reins at a difficult time in EOIR history with an already-record Immigration Court backlog approaching 600,000 cases, and constant reports of deteriorating morale among U.S. Immigraton Judges, court staff, and the public that deals with the Immigration Courts. I am not aware at this point whether Judge McHenry will be a candidate for the EOIR Director’s job on a permanent basis.

PWS

05-30-17

 

 

NYT Sunday Maggie: The “Deportation Resistance” In Trump’s America — Re-energized Or Outgunned? — The “country woke up in Arizona!”

https://www.nytimes.com/2017/05/23/magazine/is-it-possible-to-resist-deportation-in-trumps-america.html?em_pos=medium&emc=edit_ma_20170525&nl=magazine&nl_art=1&nlid=79213886&ref=headline&te=1&_r=0

Marcela Valdes writes:

“On Monday, Feb. 6, two days before Guadalupe García Aguilar made headlines as the first person deported under President Donald Trump’s new executive orders on immigration, she and her family drove to the modest stucco offices of Puente, an organization that represents undocumented immigrants. It was a postcard day: warm and dry, hovering around 70 degrees, the kind of winter afternoon that had long ago turned Phoenix into a magnet for American retirees and the younger, mostly Latin American immigrants who mulch their gardens and build their homes.
García Aguilar and her family — her husband and two children — squeezed together with four Puente staff members into the cramped little office that the group uses for private consultations. Carlos Garcia, Puente’s executive director, had bought a fresh pack of cigarettes right before the talk; he needed nicotine to carry him through the discomfort of telling García Aguilar that she would almost certainly be deported on Wednesday. Until that moment, she and her family had not wanted to believe that the executive orders Trump signed on Jan. 25 had made her expulsion a priority. She had been living in the United States for 22 years, since she was 14 years old; she was the mother of two American citizens; she had missed being eligible for DACA by just a few months. Suddenly, none of that counted anymore.
García Aguilar’s troubles with Immigration and Customs Enforcement (ICE) began in 2008, after police raided Golfland Sunsplash, the amusement park in Mesa, Ariz., where she worked. She spent three months in jail and three months in detention. (ICE booked her under the last name “García de Rayos.”) In 2013, an immigration court ordered her removal. Yet under pressure from Puente, which ultimately filed a class-action lawsuit contending that Maricopa County’s work-site raids were unconstitutional, ICE allowed García Aguilar (and dozens of others) to remain in Arizona under what is known as an order of supervision. ICE could stay her removal because the Obama administration’s guidelines for the agency specified terrorists and violent criminals as priorities for deportation. But Trump’s January orders effectively vacated those guidelines; one order specifically instructed that “aliens ordered removed from the United States are promptly removed.” García Aguilar, who had a felony for using a fabricated Social Security number, was unlikely to be spared.
Orders of supervision are similar to parole; undocumented immigrants who have them must appear before ICE officers periodically for “check-ins.” García Aguilar’s next check-in was scheduled for Wednesday, Feb. 8. She had three options, Garcia explained. She could appear as usual and hope for the best. She could try to hide. Or she could put up a fight, either from a place of sanctuary or by appearing for her check-in amid media coverage that Puente would organize on her behalf. Whatever she decided, he said, she would be wise to spend Tuesday preparing for separation from her children.
The family was devastated. García Aguilar left the meeting red-faced with tears.
The next day a dozen activists gathered at Puente to strategize for García Aguilar’s case. After reviewing the logistics for the usual public maneuvers — Facebook post, news release, online petition, sidewalk rally, Twitter hashtag, phone campaign — they debated the pros and cons of using civil disobedience. In the final years of the Obama administration, activists in Arizona had come to rely on “C.D.,” as they called it, to make their dissatisfaction known. Puente members had blocked roads and chained themselves in front of the entrance to Phoenix’s Fourth Avenue Jail. Yet Francisca Porchas, one of Puente’s organizers, worried about setting an unrealistic precedent with its membership. “For Lupita we go cray-cray and then everyone expects that,” she said. What would they do if Puente members wanted them to risk arrest every time one of them had a check-in?
Ernesto Lopez argued that they needed to take advantage of this rare opportunity. A week earlier, thousands of people had swarmed airports around the country to protest the executive order barring citizens from seven Muslim-majority nations. “There’s been a lot of conversation about the ban, but for everything else it’s dead,” Lopez said. “Nobody is talking about people getting deported. In a couple of months, it won’t be possible to get that media attention.”
Garcia wasn’t sure a rally for García Aguilar would work. “We’re literally in survival mode,” Garcia told me that week. It was too early to tell how ICE would behave under Trump, but they were braced for the worst. Nobody had a long-term plan yet. Even as he and his staff moved to organize the news conference, his mind kept running through the possibilities: Would it help García Aguilar stay with her family? Would it snowball into an airport-style protest? Would it cause ICE to double down on her deportation? He decided it was worth trying.
Shortly before noon on Wednesday, García Aguilar and her lawyer, Ray Ybarra Maldonado, entered ICE’s field office as supporters chanted “No está sola!” (You are not alone!) behind her. Telemundo, Univision and ABC shot footage. Supporters posted their own videos on Twitter and Facebook. ICE security warily eyed the scene. An hour later, Ybarra Maldonado exited ICE alone. García Aguilar had been taken into custody. All around the tree-shaded patio adjacent to ICE’s building, Puente members teared up, imagining the same dark future for themselves. Ybarra Maldonado filed a stay of deportation, and Porchas told everyone to come back later for a candlelight vigil.
That night a handful of protesters tried to block several vans as they sped from the building’s side exit. More protesters came running from an ICE decoy bus that had initially distracted those attending the vigil out front. Manuel Saldaña, an Army veteran who did two tours in Afghanistan, planted himself on the ground next to one van’s front tire, wrapping his arms and legs around the wheel. The driver looked incredulous; if he moved the van forward now, he would break one of Saldaña’s legs. Peering through the van windows with cellphone flashlights, protesters found García Aguilar sitting in handcuffs. The crowd doubled in size. “Those shifty [expletive],” Ybarra Maldonado said as he stared at the van. ICE, he said, had never notified him that her stay of deportation had been denied.
Four hours later, García Aguilar was gone. After the Phoenix Police arrested seven people and dispersed the crowd, ICE took her to Nogales, Mexico. By then images of García Aguilar and the protest were already all over television and social media. She and her children became celebrities within the immigrant rights movement. Carlos Garcia, who was with her in Nogales, told me that Mexican officials stalked her hotel, hoping to snag a photo. “Everyone wanted to be the one to help her,” he said. “Everyone wanted a piece.” Later that month, her children — Jacqueline, 14, and Angel, 16 — sat in the audience of Trump’s first address to Congress, guests of two Democratic representatives from Arizona, Raúl Grijalva and Ruben Gallego.
During the Obama years, most immigrant rights organizations focused on big, idealistic legislation: the Dream Act and comprehensive immigration reform, neither of which ever made it through Congress. But Puente kept its focus on front-line battles against police-ICE collaboration. For Garcia, who was undocumented until a stepfather adopted him at 16, the most important thing is simply to contest all deportations, without exception. He estimates that Puente has had a hand in stopping about 300 deportations in Arizona since 2012.
Ever since Arizona passed Senate Bill 1070, one of the toughest anti-undocumented bills ever signed into law, the state has been known for pioneering the kind of draconian tactics that the Trump administration is now turning into federal policy. But if Arizona has been a testing ground for the nativist agenda, it has also been an incubator for resistance to it. Among the state’s many immigrant rights groups, Puente stands out as the most seasoned and most confrontational. In the weeks and months following Election Day 2016 — as progressive groups suddenly found themselves on defense, struggling to figure out how to handle America’s new political landscape — Garcia was inundated with calls for advice. He flew around the country for training sessions with field organizers, strategy meetings with lawyers and policy experts and an off-the-record round table with Senators Dick Durbin and Bernie Sanders in Washington. A soft-spoken man with a stoic demeanor and a long, black ponytail, Garcia was also stunned by Trump’s victory. But organizers in Phoenix had one clear advantage. “All the scary things that folks are talking about,” he told me, “we’ve seen before.” On Nov. 9, he likes to say, the country woke up in Arizona.”

. . . .

On May 3, the day Arreola was to have been deported, Arreola and Andiola gathered with friends, family and supporters for a prayer breakfast at the First Congregational United Church of Christ in Phoenix, which had offered to house Arreola if she chose sanctuary. Pastor James Pennington had been active in the fight for gay rights. The patio of First Congregational was decorated with several flags, including a rainbow flag, an Arizona state flag and an American flag. Inside the church, members of Puente and former members of ADAC formed a circle with several non-Hispanics who had only recently allied themselves with the undocumented. Standing together they recited Psalm 30 in Spanish:

Te ensalzaré, oh Señor, porque me has elevado, y no has permitido que mis enemigos se rían de mi.

I’ll praise you, Lord, because you’ve lifted me up. You haven’t let my enemies laugh at me.

Yet their enemies remained hard at work. A week later, Marco Tulio Coss Ponce, who had been living in Arizona under an order of supervision since 2013, appeared at ICE’s field office in Phoenix with his lawyer, Ravindar Arora, for a check-in. ICE officers, Arora said, knew that Coss Ponce was about to file an application for asylum — several of his relatives had been recently killed or threatened by the Sinaloa cartel in Mexico — and they had assured Arora several times that Coss Ponce would not be removed. They said he simply needed to wear an ankle monitor to make sure he didn’t disappear. The fitting was delayed several times until finally Arora had to leave to argue a case in court. After he departed, ICE officers handcuffed Coss Ponce and put him in a van, alone. Three hours later, he was in Nogales.”

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Read the entire, very lengthy but worthwhile, article at the link.

Wow, can’t help but think “what if” all the energy, emotion, and activity on both sides of the immigration issue were re-directed at working together to “make America greater,” rather than engaging in a dangerous, counterproductive “grown up” game of hide and seek aimed at intimidating and removing productive members of American society who aren’t causing anyone any particular harm!

I’ve got some bad news for “the enforcers.” The U.S. families of most of the deportees aren’t going anywhere. And, there will be a steep price to pay in future generations for intentionally alienating some of America’s “best and brightest,” and our hope for the future as a nation.

Actions have consequences. Hate and disrespect aren’t quickly forgotten. Witness that even today, more than a century after the event, we’re still struggling as a nation with the misguided and hateful cause that created the short-lived “Confederate States of America,” killed hundreds of thousands of Americans of all races, and ruined millions of lives.

Something to think about on Memorial Day.

PWS

05-29-17

POLITICO Covers “Under The Radar” Joint Departures Of EOIR’s Top Execs!

Subject: POLITICO’s Morning Shift: U.S. visas down for Muslim-majority countries — Immigration court chiefs leave — Democrats make minimum wage pledge

By Ian Kullgren | 05/26/2017 10:04 AM EDT

With help from Bianca Padró Ocasio, Ted Hesson and Mel Leonor

U.S. VISAS DOWN FOR MUSLIM-MAJORITY COUNTRIES: “President Donald Trump’s ‘Muslim ban’ may be tied up in court, but newly released figures show his administration is issuing fewer visas to visitors from Arab and Muslim-majority countries,” POLITICO’s Nahal Toosi and Ted Hesson report.

“Data posted online this week by the State Department showed that non-immigrant visas granted to people from nearly 50 Muslim-majority countries were down almost 20 percent in April compared to the 2016 monthly average,” they write. “When only Arab countries were considered, non-immigrant visas were down nearly 30 percent in April compared to the 2016 monthly average. Visas issued to the six countries targeted by Trump’s March 6 travel ban – Iran, Syria, Sudan, Somalia, Libya and Yemen – declined even further, down 55 percent compared to the 2016 monthly average.”

“Stephen Pattison, an immigration lawyer in Maryland who spent nearly three decades as a State Department consular officer, said he thinks Trump policies are having a ‘chilling effect’ on travel to the United States from Muslim nations…. ‘Some people may have canceled trips,’ Pattison said. ‘Some people may have traveled last year but not this year. But I think it would be naive to assume that’s what’s going on in Washington isn’t having an effect on consular adjudications.'” More here.

GOOD MORNING. It’s Friday, May 26, and this is Morning Shift, POLITICO’s daily tipsheet on employment and immigration policy. Send tips, exclusives, and suggestions to thesson@politico.com, mlevine@politico.com, mleonor@politico.com, ikullgren@politico.com and tnoah@politico.com. Follow us on Twitter at @tedhesson, @marianne_levine, @melleonor_, @IanKullgren, and @TimothyNoah1.

PROGRAMMING NOTE – Due to the Memorial Day holiday, Morning Shift will not publish on Monday, May 29. Our next Morning Shift will publish on Tuesday, May 30. Please continue to follow Pro Employment and Immigration issues here.

IMMIGRATION COURT CHIEFS LEAVE: The director and deputy director of the federal immigration courts will leave the office by the end of the month, two sources familiar with the situation told Morning Shift. The courts, known as the Executive Office for Immigration Review, fall under the purview of the Justice Department.

Director Juan Osuna and Deputy Director Ana Kocur announced their departures in a staff-wide email. The reasons for their resignations are unclear, but both assumed their positions during the Obama administration, Osuna in 2011 and Kocur in 2012. Neither EOIR nor the Justice Department responded to requests for comment.

Attorney General Jeff Sessions has promised immigration enforcement will be a centerpiece of his approach to criminal justice, and the next director will be under pressure to speed up deportations and clear the immigration case backlog, currently at nearly 586,000 cases, according to the Transactional Records Access Clearinghouse at Syracuse University.

Jeremy McKinney, a liaison to the office for the American Immigration Lawyer’s Association, said Osuna oversaw the courts during a difficult period. “He was dealing with very limited resources,” McKinney said. The next director will have more, if the Trump administration gets its way. The White House budget proposal released this week called for the hiring of an additional 75 immigration judges and roughly 375 support personnel.

DEMOCRATS MAKE MINIMUM WAGE PLEDGE…: First 100 days? Old hat. House Minority Leader Nancy Pelosi said Thursday that Democrats would take up a measure to raise the minimum wage within the first 100 hours after they regain the majority, assuming they win it back in next year’s election. (That’s a pretty big if.) Pelosi made the pledge alongside a handful of other Democratic lawmakers and Sen. Bernie Sanders (I-Vt.) as they announced legislation to raise the hourly minimum wage to $15, up from the current $7.25, by 2024.

Democrats are making the pledge part of their campaign strategy for 2018. But even if they fulfill it, don’t hold your breath for it to be signed into law so long as Trump is in the White House. Even many Democrats, Hillary Clinton included, favored an increase only to $12 as recently as last year. Trump proposed an increase to $10 during the campaign, but only after previously suggesting no increase (and even calling into question whether the federal government should set an hourly minimum at all). Trump hasn’t touted the $10 proposal since, and he seems unlikely to. POLITICO’s Elana Schor writes that the Democrats’ embrace of $15 demonstrates the influence that Sanders and the left wing of the Democratic party now wield. More here.

… AND REPUBLICANS FIGHT BACK: Also on Thursday, Rep. Phil Roe (R-Tenn.) and half a dozen other Republicans re-introduced legislation to overhaul the National Labor Relations Act to weaken unions’ influence. The so-called Employee Rights Act would allow union members and nonmembers alike to withhold that portion of dues or fees that supports political activities by a union that bargains collectively on their behalf. The bill would also require union locals to conduct a recertification election every year; forbid union leaders from calling a strike without a vote of their members; and criminalize coercion by union leadership (though the violent threats that provision is aimed at are already covered by existing laws). “The rights of American workers were under attack during the Obama presidency,” Roe said in a written statement, “and it is time to restore those rights and work to foster a pro-growth, pro-employee environment.”

Republicans introduced similar legislation three times while President Barack Obama was in office, Sean Sullivan writes in the Washington Examiner. But it isn’t clear that Trump, who has tried to cast himself as a friend to unions, would support the bill. During the election, Trump’s campaign resisted efforts to be pinned down. More here.

DURING SCHOOL HOURS? A Louisiana charter school, International High School of New Orleans, needs to make a dozen modifications to its employee handbook to comply with federal labor laws – including axing a policy that prohibits teachers from using social media during school hours. An administrative law judge ruled Wednesday that the policy runs afoul the National Labor Relations Act. The judge also took issue with a policy that prohibits teachers from using school computers to access social media websites, and another that prohibits teachers from conducting personal business during school hours. The ruling touches on two issues of contention between charter school advocates and unions: whether unions belong in charter schools, and whether charter schools are sufficiently “private” to fall under the jurisdiction of federal labor law. Read the ruling here.

A CASE AGAINST PLAs: Ohio schools built under government-mandated project labor agreements cost 13.12 percent more than schools that were built through competitive bidding, according to a new study by Beacon Hill Institute commissioned by the Associated Builders and Contractors. The study, which looked at schools built since 2000, calculated that PLA constructions cost $23.12 more per square foot than their non-PLA counterparts. Read the study here.

HOGAN TO VETO PAID LEAVE BILL: Maryland Gov. Larry Hogan will veto a paid leave bill that would have given workers in that state five days’ annual paid sick leave. The bill covered all employers of at least 15 workers, but the Republican governor, who proposed addressing paid sick leave with incentives for employers, called it “simply very bad policy.” Hogan said he plans to issue a series of executive orders relating to paid sick leave, including the creation of task force to study the issue. He also plans to mandate paid sick leave for contract employees of the state’s executive branch. Democrat lawmakers will try to override the veto. More from the Baltimore Sun here.

UNIONS SUE TO BLOCK KENTUCKY RIGHT TO WORK LAW: “Organized labor struck back Thursday against Kentucky’s right-to-work law, filing a lawsuit that claims the ban on mandatory union fees in workplaces violates the state’s Constitution,” the Associated Press reports. “The Kentucky State AFL-CIO and Teamsters Local 89 filed the suit, which asks a judge to temporarily block the right-to-work law while the suit proceeds. The labor groups said the law should be struck down for violating numerous sections of the Kentucky Constitution.” More here.

INDY MAY HOLD OFF ON MINIMUM WAGE HIKE: “Indianapolis Mayor Joe Hogsett is urging the City-County Council to hold off on setting a $13-an-hour minimum wage for staff while his office works to eliminate the city’s structural deficit,” James Briggs writes for the Indy Star. “Hogsett on Wednesday said he does not support immediate passage of Proposal 92, which would raise wages for 365 city and county workers who earn between $9.13 per hour and $12.98 per hour.” More here.

ICE ARRESTS NEARLY 200 IN LA: ICE is touting the arrests of 188 undocumented immigrants in the Los Angeles area during a five-day “expanded enforcement” operation that captured a “convicted rapist and a previously deported cocaine trafficker,” ICE said in a written statement Thursday. In addition to identifying where each arrest took place, the ICE statement identified the types of previous criminal convictions and each person’s country of origin.

“Since President Trump signed the Executive Orders regarding immigration enforcement priorities,” ICE said, “ICE has arrested more than 41,000 individuals nationwide who are either known or suspected of being in the country illegally, a nearly 40 percent increase over the same period in 2016.”

COFFEE BREAK:

– “Restaurant: ICE Agents Ate Breakfast Then Detained Employees,” from The Daily Beast

– “Bice: Sheriff Clarke directed staff to hassle plane passenger after brief exchange,” from the Milwaukee Journal Sentinel

– “Appeal says ruling that vindicated San Diego pension reform could create statewide problems,” from the San Diego Union-Tribune

– “Labor union calls on Harley-Davidson to abandon plan to build overseas plant,” from the Milwaukee Business Journal.

– “Elgin to opt out of Cook County minimum wage, sick leave requirements,” from The Chicago Tribune.

– “Editorial: Don’t tinker with teacher pensions,” from The Detroit Free Press

– “Mass. House Lawmakers Postpone Vote On Bill Aimed At Countering Trump’s Immigration Crackdown,” from WBUR

THAT’S ALL FOR MORNING SHIFT.

To view online:
http://www.politico.com/tipsheets/morning-shift/2017/05/26/us-visas-down-for-muslim-majority-countries-220535

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Thanks to the always wonderful Bianca Padró Ocasio for sending this item my way!

In my experience, it’s somewhat unusual for the top two career Senior Executives in an agency to depart simultaneously unless they are headed to the same place, which does not appear to be the case here. It’s also somewhat remarkable in light of both Osuna’s and Kocar’s fairly lengthy and very distinguished service to EOIR and the DOJ (Osuna was a Member, Vice Chair, and Chair at the BIA, and a Deputy Assistant Attorney General in the Civil Division, prior to becoming Director) that no official press release on the departures has been issued, and that both EOIR and DOJ refuse to comment. Usually, even when civil servants are effectively “forced out,” the Department gives them a “pat on the back” and “thanks for the service.”

Some have speculated that with AG Sessions’s overriding interest in immigration enforcement, EOIR will be more “directly controlled” by either the Deputy Attorney General or assistants to the Attorney General in the future. Another possibility is that Sessions will appoint a trusted member of his staff to serve as Director. My recollection is that while the Director is not a Presidentially appointed position, it can be filled by either a career or a non-career (i.e., political) SES appointment.

Stay tuned!

Have a great Memorial Day holiday.

PWS

05-26-17


HISTORY: Paul Fanlund In Madison Cap Times: How We Got From Nixon To Trump!

http://host.madison.com/ct/opinion/column/paul_fanlund/paul-fanlund-so-why-can-t-america-just-be-good/article_e8734a95-ed8b-5544-a32f-f5ee791264a3.html#tncms-source=behavioral

Fanlund writes in an op-ed:

“When Roger Ailes died, essays about him ranged from adoring to vilifying. As creator of Fox News, he was perhaps the nation’s most influential political messenger — or propagandist — of the past 50 years.

One aspect of any honest obituary, of course, was his misogyny. Ailes was finally forced out at Fox in 2016 after years of sexual harassing women employees. His 17-year-old son threatened his father’s accusers at the funeral, warning mourners that he wanted “all the people who betrayed my father to know that I’m coming after them, and hell is coming with me.”

But what I found most interesting in immersing myself in analyses of Ailes’ life was how little his craft had to do with liberal versus conservative ideology.

Rather, Ailes was perhaps the master of the dark art of inventing and relentlessly reinforcing hateful caricatures of political opponents — in his case, people of color, bureaucrats, university professors and, of course, the media.

His brilliant execution of that art culminated in Donald Trump.

Ailes, as is widely known, learned from Richard Nixon, for whom he worked as a young television consultant. Nixon launched his political career much earlier by championing “forgotten Americans,” lunch-pail-toting working men whose fortunes, in Nixon’s telling, were stymied by taxes and regulations imposed upon them by far-away elites.

The rest, as they say, is history. Nixon appealed to his “silent majority” to stand against anti-war and civil rights protesters. Democrats opened the floodgates to Republican demagoguery by advancing civil rights. The GOP today has broadened its pool of villains to include Latino and Muslim immigrants.

The 1980s brought jolly Ronald Reagan with his fantastical stories about welfare queens, followed by George H.W. Bush’s law and order and patriotism themes, and so on.

“Individual issues would come and go — acid, amnesty and abortion in 1972, and immigration, political correctness and transgender bathrooms in 2016 — but the attacks on liberals as elite, out of touch and protective of the ‘wrong people’ came from the same playbook,” wrote David Greenberg, a Rutgers professor of history and journalism, in a New York Times op-ed on Ailes.

OK, but why does it always work?

Why are so many — especially older, white, middle-class people — so susceptible to this toxic narrative when it is clear that the trickle-down GOP policies that follow do them so little good?

Maybe, I theorize, it has something to do with how we were all taught.

I’ve talked with many friends about the flag-waving jingoism of our pre-college education, in which our nation was portrayed as perfect, our leaders without fault.

My formal education began when Dwight Eisenhower was president, an era of unfettered national pride. We were a paragon of liberty and justice and never fought in unjust wars. It was as if someone decided that American children could not process the slightest balance or shade of gray.

In this frame, Andrew Jackson was, as Trump likes to say, a glorious “swashbuckler” like himself, not a president who drove Native Americans from their homes, killing thousands in the process. Nor were we ever taught that Jackson, George Washington, Thomas Jefferson and other forefathers owned slaves.

It seems the goal was always to convey “American exceptionalism,” or, more bluntly, reinforce a cultish sense of American superiority.”

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Fanlund’s entire op-ed, at the above link, is well worth a read!

Lots of folks don’t like it when we put US history in perspective. For example, during the “glory days” of my childhood in the 1950’s millions of African Americans throughout the nation, and particularly in the South, were deprived of the basic rights of US citizenship. This was notwithstanding the clear dictates of the 14th Amendment, which had been added nearly a century earlier.

The US and many state governments merely decided not to enforce the law of the land. So much for all of the “rule of law” and “nation of laws” malarkey purveyed by right wingers today.

Indeed, many southern states enacted discriminatory laws that were directly contrary to the 14th Amendment. And, amazingly, for the majority of the 19th and 20th Centuries, courts of law at all levels were complicit in enforcing these unconstitutional laws and ignoring the14th Amendment!

PWS

05-26-17

THE HUMAN TOLL OF IMMIGRATION DETENTION: Mother Attempts Suicide After 6 Months In Texas “Family Detention Centers!”

http://www.huffingtonpost.com/entry/mother-family-detention-suicide-attempt_us_59271267e4b062f96a34da5c?45b

Roque Planas reports in HuffPost:

“AUSTIN, Texas ― A woman locked at a family immigrant detention center tried to take her own life this month in what legal advocates described as a desperate effort to free her two kids.

Samira Hakimi, an Afghan national, has spent the last six months detained with her two young children despite a federal ruling that dictates they should have been released within three weeks. The case reinforces the longstanding concerns of immigrant rights groups that say asylum-seeking families should not be forced into prolonged detention.

“They told us you will only be a couple of days in there,” Hakimi told HuffPost. “I never thought that I would be detained here for such a long time. That I’m detained here because I’m from Afghanistan and that’s all. But I’m human.”

In Afghanistan, the Hakimi family had established a high school and multi-branch private university that used Western curricula, taught in both English and Dari and offered more than half its scholarships to women, according to lawyers representing Hakimi and her husband.

Since 2013, the Taliban repeatedly threatened the family for its work. To avoid the danger of commuting, the family moved onto the university campus and contracted private security guards that year.

It wasn’t enough for them to feel safe. “We could not go outside,” Hakimi said. “My children could not go to school. We thought they might be kidnapped. This was always in our minds…. They have their lives to live. They should live happy and free from every small thing, going to school and enjoying their lives.”

Last year, they fled Afghanistan with Hakimi’s brother-in-law and his pregnant wife, who were facing similar threats.

In December, the two families crossed into the United States from Mexico through a legal port of entry, where they all asked for asylum. The men were separated and sent to all-male immigrant detention centers, where they remain. Hakimi and her kids, as well as her sister-in-law and her newborn baby, were sent to the South Texas Family Detention Center in the town of Dilley and later transferred to the Karnes County Residential Center outside San Antonio.

Hakimi passed her “credible fear” interview ― the first step toward applying for asylum. It’s common practice for Immigration and Customs Enforcement to free people who pass these interviews so they can pursue their cases in immigration court, but ICE declined to release her and her children. The agency did not respond to a request for comment explaining why it refuses to release them. Hakimi’s sister-in-law is also still at Karnes with her 10-month-old baby.
DREW ANTHONY SMITH VIA GETTY IMAGES
The Karnes County Residential Center houses mothers who enter the United States with their children. Most of them seek asylum or other forms of humanitarian exemption from deportation.
Hakimi told HuffPost she had suffered from bouts of clinical depression before being detained. Advocates with RAICES, a nonprofit that provides legal services to detained families, say she had attempted suicide in the past and told medical workers at Karnes that her condition had worsened as her case appeared to stall. Neither medicine nor therapy would alleviate the problem, she argued. Her depression stemmed from remaining locked up in the detention center with her children.

As the months dragged on, she lost hope. “Here, no one talks to us,” Hakimi said. “They don’t give us the reason why I’m detained in here. I never thought that I would be detained here for such a long time.”

Her son came to her one day asking her why other families were allowed to leave but not them. “That was really triggering her,” Amy Fisher, RAICES’s policy director, told HuffPost. “She was crying and really depressed. And she went into this thought process, when she was really low, thinking, ‘Well, if I’m no longer here, maybe my children can be free.’” Kids cannot be held without their parents or guardians in family detention.

After she made an effort to take her own life, she woke up in the medical unit of the detention center and was taken to a nearby hospital, where two members of the detention center staff sat with her continuously.

“I told them, ‘I’m just crying for my children, please,’” she said in a recording with one of her legal providers. “I’m not sick. But they gave me medicine. And they told me take this every four hours, but I didn’t take it anymore.”

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Read the full story at the link.

Don’t think that a few (or even many) attempted suicides or preventable deaths in immigration detention are going to change the Administration’s plans to establish an “American Gulag.” After all, what better “deterrent” than death to put a dent in migration.

No, the only thing that might get in the way is if Democrats start winning elections and wielding some political power in Washington. (Not that Democrats have been particularly enlightened when it comes to immigration detention, either. After all, Dilley, Karnes, Berks County, and other “family residential prisons” were Obama initiatives. But, that’s another story.)

But, as I just pointed out in an earlier blog, Dems appear lost in the political wilderness with no path out.

PWS

05-26-16

 

POLITICS: Dems Fail Again To Make A Dent — GOP Wins Montana House Seat N/W/S Candidate’s Pending Assault Charge!

https://www.nytimes.com/2017/05/25/us/montana-special-election.html?emc=edit_nn_20170526&nl=morning-briefing&nlid=79213886&te=1

The NY Times reports:

“BOZEMAN, Mont. — Greg Gianforte, a wealthy Montana Republican who was charged with assaulting a reporter on Wednesday, nonetheless won the state’s lone seat in the House of Representatives on Thursday, according to The Associated Press, in a special election held up as a test of the country’s political climate.

Mr. Gianforte, 56, was widely seen as a favorite to win against Rob Quist, a Democrat and country music singer. But he seemed to imperil his own candidacy in the final hours of the race after he manhandled a journalist for The Guardian.

Addressing the altercation for the first time late Thursday night, Mr. Gianforte apologized to the Guardian reporter, Ben Jacobs, by name, acknowledged he “made a mistake” and vowed to the state’s voters that he would not embarrass them again.

“You deserve a congressman who stays out of the limelight and just gets the job done,” he said to a group of supporters at a hotel in Bozeman, who repeatedly yelled out that they forgave him.

Voters here shrugged off the episode and handed Republicans a convincing victory. Mr. Gianforte took slightly more than 50 percent of the vote to about 44 percent for Mr. Quist. (President Trump won Montana by about 20 percentage points.) Mr. Gianforte’s success underscored the limitations of the Democrats’ strategy of highlighting the House’s health insurance overhaul and relying on liberal anger toward the president, at least in red-leaning states.”

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Forget all the Trump hoopla, public opinion polls, marches, demonstrations, town halls,  court cases, Russia, and the GOP’s cruelty, deception, and proven inability to govern. None of it appears to make any difference to the folks who count: voters!

There is no reason to believe that if the national election were held today, the results would be any different from November 2016: a GOP win at all levels.

Dems need 1) some dynamic leadership (sorely lacking since the departure of Obama from the national scene), and 2) a program that appeals to voters, at least some of whom pulled the lever for Trump.

The 2016 mistake was running a campaign based almost entirely on the strategy that Trump and the GOP would “self-destruct.” Didn’t work then, and it’s not working now.

How are Democrats, in the few areas of the country they control, improving things for the majority of folks, where the GOP isn’t? How could this be extended to “red areas?” How can immigrants actually create better economic opportunities for folks in red states and rural areas? Democrats need real life results, not just “wonkie” charts, statistics, and articles. How are Democrats going to get the message to folks who get their news from Fox, Breitbart, and their local GOP Representative’s newsletter?

Unless somebody is thinking creatively about the foregoing issues, it’s going to be a long four (or eight) years for Democrats and our country.

PWS

05-26-16

 

 

Fox, Breitbart, and

 

Lisa Rosenberg: Trump Administration’s Misinformation Campaign Targets Immigrants!

http://augustafreepress.com/trump-administration-using-campaign-disinformation-secrecy-target-immigrants/

Rosenberg writes in the Augusta (VA) Free Press:

“The Trump administration has yet to break ground for its promised border wall to keep the undocumented out of the United States, but by embarking on a campaign of misinformation and secrecy, it is rapidly moving forward with efforts to target and deport immigrants already here.
To advance the false narrative that the undocumented community includes an outsized and particularly dangerous set of criminals, the Administration ignores data that shows that high rates of immigration actually coincide with reduced crime rates, and that immigrants are less likely to commit crimes than those born in the United States. As Alex Nowrasteh of the libertarian Cato Institute noted, “It is absurd to highlight the crimes committed by a small group of people without reporting on the crimes committed by everybody.” The misleading use of crime data not only results in questionable policy decisions, but also could lead to unwarranted fear of immigrants and an uptick in hate-crimes against them.
Such fear-mongering appears to be behind the new office for Victims of Immigration Crime Engagement (VOICE) recently launched by Immigration and Customs Enforcement (ICE). VOICE will share selective data about alleged criminals’ immigration and custody status, but will omit information on other crimes, including crimes in which immigrants are victims. VOICE stems from the President’s Executive Order on internal safety and immigration enforcement, which also decreed that Privacy Act protections do not apply to the undocumented. The result is that when VOICE shares information about immigrants, their right to legally challenge potentially erroneous disclosures may be curtailed. The implications could be devastating for individuals who are wrongly targeted, especially given administration’s track record with the facts.
The launch of the VOICE office comes on the heels other efforts by the administration to manipulate facts to support misleading conclusions about immigration enforcement. In an apparent effort to name and shame, the White House ordered ICE to release weekly reports highlighting jurisdictions it claimed did not comply with requests to keep undocumented individuals in custody for up to 48 hours beyond their scheduled release—so-called “detainer requests.” Law enforcement officials in counties nationwide described the data as “unfair and misleading” and openly disputed ICE’s claims. Because complying with detainer requests has been held to be unconstitutional, jurisdictions also objected to the reports’ mischaracterization that they were not complying with federal law. Responding to pressure, ICE has temporarily suspended publication of its misleading weekly reports, but is now concealing data about its own immigration investigations and enforcement with its illegitimate decision to withhold information previously released under Freedom of Information Act (FOIA) requests.
To be sure, the immigration enforcement and deportation machine grew to new levels under a cloak of secrecy during the Obama administration, with serious policy consequences that resonate today. Rights groups litigated with ICE for years to obtain information about its controversial deportation and fingerprint program, known as Secure Communities, which required local law enforcement to forward the digital fingerprints of everyone they booked, regardless of citizenship. ICE then used the information to determine who could be deported. To this day, the FBI continues to expand the massive biometrics database that grew dramatically under the Secure Communities program, and ICE’s ability to issue detainer requests continues because local law enforcement still forwards biometric information about suspects in custody.”

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One of the biggest lies repeated by the Trump Administration and many GOP politicos is that the Obama Administration “didn’t enforce immigration law.” On the contrary, as those of us who served during that Administration know well, Obama enforced the heck out of immigration law — sometimes wisely, sometimes not. Most of today’s real immigration problems (such as the total mess in the U.S. Immigration Courts) stem from over enforcement, not any type of mythical “under enforcement.”

PWS

05-25-17

 

MOYERS & CO: Rachel B. Tiven Accuses EOIR Of Participating In Political Vendetta!

http://billmoyers.com/story/airport-lawyers-defied-trump-under-attack/

Tiven writes:

“While the country has been fixated on President Trump’s firings, leaks and outbursts involving the Department of Justice, that agency has itself been stealthily attacking our democracy by telling good lawyers to stop representing people. Four weeks ago, the Northwest Immigrant Rights Project (NWIRP) — a respected nonprofit in Seattle that represents immigrants in deportation proceedings—received a “cease and desist” letter from the DOJ threatening disciplinary action. The letter demanded that NWIRP drop representation of its clients and close down its asylum-advisory program. The reason: a technicality, perversely applied. NWIRP is accused of breaking a rule that was put in place to protect people from lawyers or “notarios” who take their money and then drop their case.

Last week, NWIRP filed a lawsuit to defend itself against the DoJ’s order—and on Wednesday, a judge granted a restraining order. So for now, the organization can keep helping immigrants who need legal advice. But what’s at stake extends far beyond NWIRP and the 5,000 people it serves every year. The outcome of this legal battle will profoundly impact access to legal representation for the tens of thousands of immigrants who apply for asylum in the United States every year and the hundreds of thousands of undocumented immigrants whose cases are currently in front of an immigration judge.

The outcome of this legal battle will profoundly impact access to legal representation for the tens of thousands of immigrants who apply for asylum in the United States every year and the hundreds of thousands of undocumented immigrants whose cases are currently in front of an immigration judge.
Before I explain more, let’s step back for the context: You have no right to counsel in immigration proceedings. If you are not a citizen — or if the government merely alleges you aren’t — you can be taken from your home, jailed and permanently deported without ever seeing a lawyer. This is perfectly legal. It happened to more than a million people under the Obama administration, which vastly expanded the machinery of deportation. (If you want this to be an “Obama was good, Trump is bad” story, sorry to disappoint.)

On the last day of President Obama’s term, nearly half a million people were in immigration court proceedings, which one judge describes as “death penalty trials in a traffic court setting.” Most of them had no lawyer, and the vast majority of them had committed no crime. They were prosecuted solely for being in the United States without authorization, which is a civil violation and not a crime. (That is the reason you don’t get a lawyer: The familiar promise of “if you cannot afford a lawyer, one will be provided for you” only applies to people accused of crimes.)

In the absence of a right to appointed counsel, a patchwork of underfunded nonprofits (like NWIRP) and attorneys do their best to help immigrants in court. These nonprofits leverage the volunteer work of lawyers at big law firms, who represent children and refugees in immigration and asylum proceedings for free. There are also a few thousand really good private immigration attorneys nationwide, which isn’t enough even for those who can afford to hire them.

There are thousands more unqualified and dishonest scoundrels who steal money from immigrants too vulnerable to report them. And it is these thieves and cheats that the DoJ’s rules were meant to protect immigrants from. But in Jeff Sessions’s DoJ, the Disciplinary Review office of the Executive Office of Immigration Review is instead pursuing NWIRP, and will soon come after other non-profits. The accusation is that because NWIRP provides advice and assistance to people in immigration proceedings without committing to full representation, it is violating the rules.

It’s a Kafkaesque system: The government won’t provide immigrant defendants with legal representation, and they are allowed to get help for free only if they find a lawyer who will commit up-front to a case that will stretch on for years. Otherwise, they’re not allowed to have any help at all, are required to submit complex legal documents with no assistance and lawyers who try to help them will be sanctioned.

Precisely because this would be a cruel and absurd result, NWIRP and its peers around the country have had longstanding agreements with immigration officials that permit them to run asylum-assistance programs without committing to permanent representation. Attacking them now is a shockingly cynical move, akin to sanctioning an emergency-room doctor for sewing up a bleeding patient without first promising to be their doctor for life.

NWIRP doesn’t know why it was singled out. But we do know that NWIRP has been at the forefront of resisting Trump’s travel ban. Its staff and volunteer lawyers were at SeaTac airport immediately after the White House launched the first Muslim ban, and in March it sued to block the second Muslim ban.

And NWIRP isn’t alone; its nonprofit counterparts did the same at airports around the country, leveraging law-school clinics and large-firm lawyers working pro bono. The DoJ’s suspiciously timed cease and desist letter sends a chilling message to exactly these groups, and to volunteer attorneys. This attack by the government on a legal services-provider for immigrants could dissuade law firms from letting their lawyers volunteer for these cases, scaring those firms away by convincing them that immigration-related projects are too risky pro-bono projects.

If they succeed, they don’t just deprive people of scarce resources for volunteer counsel, they gradually muzzle the bar. They marginalize the heroic work of nonprofits like NWIRP and its peers around the country. They defang the big law firms that have been willing to stand up to this administration—like Davis Wright Tremaine, which is assisting NWIRP—and they make immigrant representation a more marginal part of the law.

When lawyers rushed to airports this winter to protect our friends, our neighbors and our Constitution, people cheered. The Trump administration took offense, and now those lawyers are in their cross hairs. The president is taking a sledgehammer to the pillars of our government: the FBI, the Justice Department, the federal courts. America, we are under attack.

Editor’s Note: This story has been updated to reflect the fact that a restraining order enabling NWIRP to continue representing immigrants has been granted.”

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Don’t know if Tiven is right that Sessions and his  folks put EOIR up to this, or whether it’s just another case of bad bureaucratic judgement on EOIR’s part.

But, either way, it illustrates the real problem that has been swept under the table for too long: you can’t have a due process court system operating an an agency of the Executive Branch, particularly the USDOJ, well known for its political shenanigans over a number of Administrations. In light of this colossal coflict of interest, the idea of having EOIR investigate ethical violations by private entities seems somewhat comical.

PWS

05-25-17

 

POLITICS: David Leonhardt In The NYT: Don’t Get Distracted From GOP’s Dishonesty & Cruelty!

“David Leonhardt
Op-Ed Columnist
The Congressional Budget Office’s analysis of the House health care bill is a devastating indictment.
The report, released yesterday, showed that millions of Americans would lose health insurance and the quality of insurance for millions more would deteriorate. The savings from that carnage — to borrow a favorite word of President Trump’s — would pay for tax cuts for the wealthy.
And yet the immediate reaction to the C.B.O. report also shows why you should be worried that the Senate will nonetheless decide to pass a version of the House bill.
Here’s what I mean: Much of this initial reaction has missed the point. It has focused on the modest differences between the new C.B.O. report, which analyzed the final House bill, and a C.B.O. analysis from March of an earlier version of the bill. Among the differences, the final bill would deprive an estimated 23 million people of insurance, compared with the 24 million in the March analysis.
Don’t be distracted by these small differences.
Distraction is a tactic of the politicians who are trying to take away health insurance from people. These politicians can’t sell their proposals on the merits. That’s why both the House and, thus far, the Senate have refused to hold any hearings. They know that virtually every expert across the ideological spectrum — including groups representing doctors, nurses, hospitals, patients and senior citizens — opposes the bill.
Unable to win a debate on its merits, Republican leaders need to change the subject. They can’t let their proposals be judged on whether they improve the American health care system, because they don’t. They need to create a lower standard by which the plan will be judged.
The House did so in the frantic week that it passed its bill by pointing to a last-minute amendment that made a superficial improvement. House members then claimed they had fixed their bill.
Senate leaders are showing signs of following the same path — and the C.B.O. report gives them a chance to start down it. The report will encourage top Republicans to claim that their bill is already getting better and that the Senate will keep improving it in coming months.
In truth, the bill is fatally flawed. Its objective is to reduce federal spending on health insurance for the middle class, poor, sick, elderly and disabled in order to cut taxes for the wealthy. Maybe the final version, once the Senate has made its tweaks, will take insurance from 23 million people, or maybe 15 million people. But any law based on the House bill is guaranteed to worsen the health care system.
That’s the overwhelming message of the C.B.O. report.
The saddest part of this situation is that our health care system, including Obamacare, very much needs improvement. And there are solid bipartisan ideas out there, including some that would increase states’ flexibility or lower consumer expenses. The Senate has members from both parties with the savvy and the policy chops — like Lamar Alexander and Patty Murray — to turn those ideas into a bill.
Is it too much to hope that they cast aside the distractions from the House’s failed plan and start fresh?
The full Opinion report from The Times follows, including Abbe Gluck on the G.O.P.’s sabotage of Obamacare.”

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Read more in today’s NYT.

PWS

05-25-17

 

GOP’S WAR ON AMERICA EXPOSED — 23 Million Would Lose Health Coverage To Provide Tax Breaks To Fat Cat Cronies!

https://www.nytimes.com/2017/05/24/us/politics/cbo-congressional-budget-office-health-care.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news

Robert Pear reports in the NYT:

“WASHINGTON — A bill to dismantle the Affordable Care Act that narrowly passed the House this month would leave 14 million more people uninsured next year than under President Barack Obama’s health law — and 23 million more in 2026, the Congressional Budget Office said Wednesday. Some of the nation’s sickest would pay much more for health care.

Under the House bill, the number of uninsured would be slightly lower, but deficits would be somewhat higher, than the budget office estimated before Republican leaders made a series of changes to win enough votes for passage. Beneath the headline-grabbing numbers, those legislative tweaks would bring huge changes to the American health care system.

In many states, insurance costs could soar for consumers who are sick or have pre-existing conditions, while premiums would fall for the healthy, the new estimate concludes.

The forecast by the nonpartisan Congressional Budget Office, Capitol Hill’s official scorekeeper, is another potential blow to efforts to undo Mr. Obama’s signature domestic achievement. Republican senators have said they will make substantial changes to the measure passed by the House, but even Senator Mitch McConnell of Kentucky, the majority leader, sounds uncertain about his chances of finding a majority to repeal and replace the health law.”

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Read Robert’s complete article at the link. Decades ago, when we were both young, Robert covered the “immigration beat” for the NYT. In the days before Administrations of both parties went to war with the press, he used to call me on a regular basis to get the “official INS position” on various controversies, particularly those involving legal issues.

PWS

05-24-16

The “Human Rights Free” Presidency — Trump Surrenders U.S. Leadership On Humanitarian Concerns — Embraces Some Of World’s Major Human Rights Violators!

https://www.washingtonpost.com/news/powerpost/paloma/daily-202/2017/05/24/daily-202-trump-s-praise-for-duterte-s-drug-war-underscores-his-contempt-for-human-rights/5924d3dee9b69b2fb981db83/?utm_term=.7945757980b7

James Hohmann reports in the Washington Post:

“THE BIG IDEA: It’s one thing to not “lecture” foreign governments who abuse human rights. It’s something else entirely to praise them for it. And that’s exactly what Donald Trump did last month when he called Rodrigo Duterte.

The Post’s David Nakamura and Barton Gellman yesterday obtained a transcript of his April 29th phone call with the president of the Philippines.

“I just wanted to congratulate you because I am hearing of the unbelievable job (you’re doing) on the drug problem,” Trump told Duterte at the start of their conversation, according to the document. “Many countries have the problem, we have a problem, but what a great job you are doing and I just wanted to call and tell you that.”

“Thank you Mr. President,” replied Duterte. “This is the scourge of my nation now and I have to do something to preserve the Filipino nation.”

Trump, who affectionately referred to Duterte as “Rodrigo” during their chat, then took an unsolicited dig at Barack Obama. “I … fully understand that and I think we had a previous president who did not understand that,” the U.S. president said. “You are a good man … Keep up the good work. … You are doing an amazing job.”

With Breanne Deppisch

Duterte called Obama the “son of a whore” during a press conference last September. When he promised to curse out the then-president if he brought up his death squads, the White House canceled a bilateral sit-down that had been scheduled. When Obama later raised concerns about his human rights record, Duterte replied that he could “go to hell.” (He often uses unprintable profanity.)

— The context of Trump’s comments matters: Duterte is an authoritarian thug. He has overseen a brutal extrajudicial campaign that has resulted in the killings of thousands of suspected drug dealers. His abuses are well documented, including in reports by the U.S. State Department and Human Rights Watch.

Duterte has publicly compared his campaign to crack down on drugs to the Holocaust, saying he would like to “slaughter” millions of drug addicts just like Adolf Hitler “massacred” millions of Jewish people. “Hitler massacred three million Jews. Now, there are 3 million drug addicts. … I’d be happy to slaughter them,” he told reporters last September. While Hitler (who actually killed closer to six million Jews) spoke of a “final solution,” Duterte says his campaign of mass killings is the only way to “finish the problem.”
He has said he would kill his own children if they ever took drugs.

One victim of Duterte’s crackdown was a 5-year-old girl, who was shot in the head last summer when armed men came to her house in search of her grandfather.

Eleven days before Trump phoned him, Duterte told a group of Filipino workers in the Middle East that if they lose their jobs because of the falling price of oil they can always come home to work for him. “If you lose your job, I’ll give you one: Kill all the drug addicts,” he said, according to the Philippine Star. “Help me kill addicts … Let’s kill addicts every day.”

The New York Times won a Pulitzer Prize this year for a series of powerful photographs “showing the callous disregard for human life in the Philippines brought about” by Duterte’s policies.

A witness has testified that before Duterte became president, when he was a mayor of Davao City, he paid a squad of hit men to carry out summary executions that involved feeding a body to a crocodile, chopping up corpses and dumping slashed bodies into the sea.

Duterte has boasted to a group of Manila businessmen, on camera, about killing criminals in cold blood when he was mayor: “In Davao I used to do it personally, just to show the (cops) that if I can do it, why can’t you?”

He joked last year that the victim of a gang rape was “so beautiful” that he wishes he had “been first.”

Yesterday he declared martial law on the southern island of Mindanao, as his security forces battled heavily armed militants linked to the Islamic State.
— Trump caught his own aides off guard during his phone call to Duterte by extending an open invitation for him to come visit the White House at any time, with no preconditions. “I will love to have you in the Oval Office,” Trump said, per the transcript. “Seriously, if you want to come over, just let us know.”

— A senior administration official, who confirmed that the quotes in the transcript produced by the Philippines government are accurate, said that the president was not condoning Duterte’s “individual tactics.” Rather, the official said, this was Trump’s “way of expressing solidarity over a common scourge.” But that’s not at all clear from the transcript, and it’s certainly not the impression any reasonable person on the other end of the line would have been left with.
— Trying to advance our national interest, previous presidents of both parties have certainly looked the other way instead of confronting human rights abuses. But they felt they had no choice, especially during the Cold War, and none seemed to relish this dark side of realpolitik.

— As part of his so-called “America First” agenda, Trump seems not just content but determined to have America abdicate its moral leadership in the world. It’s hard to claim American Exceptionalism when Trump praises Duterte this way. It’s hard to say we’re a shining city upon a hill when the American president consistently treats despotic strongmen with greater respect than democratically-elected allies.

— The president’s sometimes over-the-top praise for totalitarian leaders has been covered extensively, from Russia’s Vladimir Putin to Chinese President Xi Jinping, Egyptian President Abdel Fatah al-Sissi, Turkish President Recep Tayyip Erdogan and Thailand Prime Minister Prayuth Chan-ocha.
— Coincidentally, Duterte was meeting with Putin at the Kremlin yesterday around the time that the Post’s story about the transcript broke. He’s referred to the Russian president as his “favorite hero.” This is from the write-up by RT, the government-financed propaganda network: “Duterte, who called Russia a ‘reliable partner,’ also emphasized that Manila is ready to develop relations with Moscow and is looking forward to purchase Russian arms.” Putin also lavished him with praise.

— Words matter: Autocrats have heard Trump loud and clear, and they’re emboldened. Abby Phillip and David Nakamura note that almost no attention was paid to the concerns that have made Saudi Arabia rank among the most repressive nations on Earth during the president’s visit this weekend. “Political protests in Saudi Arabia can be punishable by a death sentence and freedom of expression is severely limited. But Monday, Commerce Secretary Wilbur Ross highlighted the absence of dissenters as a sign of the ‘genuinely good mood’ during Trump’s visit. … And Sunday, a lone event on Trump’s schedule aimed at bolstering civil society in Saudi Arabia was scrapped.”
“We are not here to lecture,” Trump said during his Sunday speech in Riyadh, speaking to about 50 political leaders of Muslim nations, many of which are led by strongmen. “We are not here to tell other people how to live, what to do, who to be or how to worship. Instead, we are here to offer partnership, based on shared interests and values.”

— The foreign policy establishment was collectively horrified by the transcript of the Trump-Duterte call.

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Read the complete story at the link.

Let’s see, dissing US civil servants, promoting xenophobia and racism, shafting the poor and vulnerable, abandoning the sick and chronically ill, enriching his family and cronies, and emboldening anti-democratic autocrats throughout the world. Trump is the antithesis of almost all of the values many of us thought America stood for. Yet, he was elected to lead us. Go figure!

PWS

05-24-17

Only 6% Of Trump Immigration Arrests Involve “Violent Crimes!”

http://www.truthdig.com/report/item/trump_administration_arrests_noncriminal_immigrants_150_percent_20170523

Truthdig reports:

“For the most part, the Trump campaign was transparent in its xenophobia, playing to the anti-immigrant sentiments of Trump’s base with promises to increase deportations of the undocumented. But on one point, Trump pretended to care about nuance: He would not, he stated on multiple occasions, target undocumented immigrants indiscriminately, but would focus on those with criminal records—the “bad hombres,” to use the president’s own ridiculous words. Predictably, this has not been the case in practice. A new report shows that amidst a staggering increase in undocumented immigrant deportations overall, arrests of law-abiding undocumented immigrants shot up the most, by a whopping 150 percent.

A report by U.S. Immigration and Customs Enforcement boasts that between January 29 and April 22, agents arrested 41,318 undocumented immigrants. That figure, which breaks down to roughly 400 arrests per day, represents an increase of 37 percent over arrests made during the same period under President Obama, who previously held the title of Deporter-in-Chief. Seventy-five percent of those taken into custody have criminal convictions, but even that notation is potentially misleading. As Vox notes, “it’s not clear how many of those were for crimes that might be considered minor, or for crimes that are the result of being an unauthorized immigrant in the U.S. (such as driving without a license in a state that doesn’t permit unauthorized immigrants to get drivers’ licenses).” In fact, as the outlet points out, just 6 percent of those arrested had been convicted of violent crimes such as “homicide, rape, kidnapping and assault.”

The number of non-criminal undocumented immigrants arrested more than doubled, going “from approximately 4,200 in 2016 to more than 10,800 in 2017.” The ICE reports highlights this statistic as a point of pride, stating that while “convicted criminals are an immigration enforcement priority, Homeland Security Secretary John F. Kelly has made it clear that ICE will no longer exempt any class of individuals from removal proceedings if they are found to be in the country illegally.”

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Disrupting communities across America, pushing the U.S. Immigration Courts to the brink, burning through taxpayer dollars, without accomplishing much of anything useful. That’s the Trump way!

Contrary to the GOP fantasy hype, the Obama Administration was certainly no slouch at apprehending and removing serious criminals. So, the Trump enforcement charade has increased misery, deepened divisions, and created unnecessary commotion, while, by most reliable accounts, actually making us less safe by eroding years of hard-earned trust and cooperation between migrant communities and local police in reporting and solving crimes! Talk about a “built for failure” program!

PWS

05-23-17

POLITICS: GOP Senate’s “Stealth Plan” To Strip Health Care From Millions While Enriching Fat Cats Exposed!

https://www.nytimes.com/2017/05/23/opinion/health-care-bill-senate.html?emc=edit_ty_20170523&nl=opinion-today&nlid=79213886&te=1&_r=0

David Leonhardt writes in a NY Times op-ed:

“While the rest of the country has been transfixed by Trumpian chaos, members of the Senate have spent the last two weeks talking about taking health insurance from millions of Americans.

There is an alarmingly large chance that they’ll decide to do so. But if they do, they will almost certainly rely on a political sleight of hand to disguise their bill’s damage. Understanding that sleight of hand — and calling attention to it — offers the best hope for defeating the bill.

The effort to take health insurance from the middle class and poor and funnel the savings into tax cuts for the rich is a little like mold. It grows best in the dark.

That’s why Republican leaders in the House handled their bill as they did. They did not hold a single hearing, because they knew that attention would have been devastating.

Just imagine a hearing featuring the leaders of these groups, every one of which opposes the House bill: the American Medical Association, American Nurses Association, American Hospital Association, American Academy of Pediatrics, American Cancer Society, American Heart Association, American Diabetes Association, American Lung Association, March of Dimes and AARP.
The House also passed its final bill without waiting for the Congressional Budget Office to estimate how many Americans would lose insurance. The C.B.O. will release that analysis tomorrow afternoon. There is no precedent, outside of wartime, for passing a bill this important in such haste.

After the House did, many observers assumed the bill was too flawed to have much chance in the Senate. Republican senators, aware of the bill’s unpopularity, were careful to say publicly that they would start fresh. But the early signs suggest that Mitch McConnell and his Republican caucus are actually mimicking the House approach.

Think of it as the Upton strategy, and I’ll explain the name in a minute.”

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Yet, the voters keep putting these guys in office. Unless you are part of the tiny percentage of over-privileged, rich elite in America, you’re voting against not only our country’s best interests, but your own!

Amazingly, however, the Democrats have failed to come up with an effective strategy to capitalize on this. And, to date, I’m not sure I’ve heard any compelling arguments as to how and why Democrats will do better in the next election.

Yeah, Trump and his cohorts have problems galore. But, highlighting/relying on that was Hillary’s primary strategy in 2016. And, it failed! Big time! What positive plan do Democrats have for making America better for everyone (including most Trump supporters)?

PWS

05-23-17

 

Supremes Find GOP’s Racist Intent Drove NC Redistricting!

https://www.washingtonpost.com/politics/courts_law/supreme-court-rules-race-improperly-dominated-nc-redistricting-efforts/2017/05/22/c159fc70-3efa-11e7-8c25-44d09ff5a4a8_story.html

Robert Barnes reports in the Washington Post:

“The Supreme Court ruled Monday that North Carolina’s Republican-controlled legislature relied on racial gerrymandering when drawing the state’s congressional districts, a decision that could make it easier to challenge other state redistricting plans.

The decision continued a trend at the court, where justices have found that racial considerations improperly tainted redistricting decisions by GOP-led legislatures in Virginia, Alabama and North Carolina. Some cases involved congressional districts, others legislative districts.

The states contended that their efforts were partisan moves to protect their majorities, which the Supreme Court in the past has allowed, rather than attempts to diminish the impact of minority voters, which are forbidden.

But the justices declared that North Carolina had relied too heavily on race in its efforts to “reshuffle,” in the words of Justice Elena Kagan, voters in two congressional districts. They were unanimous in rejecting one of the districts and split 5 to 3 on the other.

“This is a watershed moment in the fight to end racial gerrymandering,” said former attorney general Eric H. Holder Jr., who is part of a Democratic effort focused on redistricting. “North Carolina’s maps were among the worst racial gerrymanders in the nation. Today’s ruling sends a stark message to legislatures and governors around the country: Racial gerrymandering is illegal and will be struck down in a court of law.”

North Carolina leaders said the court had made the rules regarding redistricting even murkier. Lawmakers are required to consider race when drawing legislative lines so that minorities have a chance to elect candidates of their choice when the numbers are there. But the court has said racial considerations cannot predominate when drawing the districts.”

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Racism is an obvious problem in the Republican Party and particularly in the Trump Administration. The GOP publicly denies racist intent while regularly practicing it to maintain and “fire up” their electoral base. At some point, actions speak louder than words.

Contrary to the disingenuous statements by GOP leaders in North Carolina that the Court’s ruling is “confusing,” former US Attorney General Eric Holder has succinctly stated it: “Racial gerrymandering is illegal and will be struck down in a court of law.”

While I haven’t always agreed with him, Eric is one of the brightest guys around. But, you don’t even have to be at his intellectual level to “get the message.”

One guy who is unlikely to get the message is current US Attorney General Jeff Sessions.  He has pledged to “back off” of the DOJ’s aggressive stand in protecting minority voting rights, developed under AGs Holder and Lynch, and instead to defer to racist state legislative actions designed to dilute or discourage minority voting. Not surprisingly, this happens most often in the GOP controlled areas of the South.

Liz was right!

PWS

05-23-17

“Trump Effect” Slows Migration, But There Might Be More Than Meets The Eye — Increase In Surreptitious Entries, Higher Smuggling Fees, Wait & See Attitude All Play Roles!

https://www.washingtonpost.com/world/the_americas/the-trump-effect-has-slowed-illegal-us-border-crossings-but-for-how-long/2017/05/21/dfa12a0a-39be-11e7-a59b-26e0451a96fd_story.html?hpid=hp_hp-more-top-stories_border-crossings410am%3Ahomepage%2Fstory&utm_term=.3cb4b3c465ee

Joshua Partlow reports in the Washington Post:

“SAN JOSE LAS FLORES, El Salvador — In a different era, Oscar Galvez Serrano might have abandoned his mother’s tin-roof shack in the jungly Central American hills by now and set out for the United States.

Despite having been deported in March, Galvez said, he would have tried to quickly return to join his 11-year-old son in Sherman, Tex., and his siblings and cousins. He would have taken another job — roofing, landscaping or washing dishes. There is something different now, however, looming over Central Americans’ decisions on migration: President Trump.

Migrants used to feel that if they reached the United States illegally, they could stay. “They’ve gotten rid of all that,” said Galvez, 36. “I still hope I can go back there. I just don’t know when.”

Trump has credited his tough stance on illegal immigrants for the sharp decline in apprehensions of migrants at the U.S.-
Mexico border, tweeting in March that “many are not even trying to come in anymore.” In the first four months of the year, U.S. authorities have detained about 98,000 would-be immigrants heading north, a 40 percent drop from the previous year.

In El Salvador, which has contributed tens of thousands of border crossers in recent years, officials and potential migrants acknowledge that fewer people are heading to the United States. But they say that the slowdown may be temporary — and that the drop-off may not be as large as it seems.”

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Read the complete article at the link.

In immigration, things seldom have simplistic explanations. So, if I were the Trump Administration, I’d wait awhile before going into the “victory dance” on halting unauthorized migration.

PWS

05-22-17