Obama Administration – Page 9 – immigrationcourtside.com

THE DOJ’S NEW TITLE UNDER BILLY BARR: “HOOKERS FOR TRUMP” – “Why Bill Barr’s DOJ replaced Catholic Charities with Hookers for Jesus” – Why “There has never been a better time to be a Hooker for Jesus.”

https://www.washingtonpost.com/opinions/2020/02/11/why-bill-barrs-doj-replaced-catholic-charities-with-hookers-jesus/

Dana Milbank writes in WashPost:

There has never been a better time to be a Hooker for Jesus.

Under Attorney General Bill Barr’s management, it appears no corner of the Justice Department can escape perversion — even the annual grants the Justice Department gives to nonprofits and local governments to help victims of human trafficking.

In a new grant award, senior Justice officials rejected the recommendations of career officials and decided to deny grants to highly rated Catholic Charities in Palm Beach, Fla., and Chicanos Por La Causa in Phoenix. Instead, Reuters reported, they gave more than $1 million combined to lower-rated groups called the Lincoln Tubman Foundation and Hookers for Jesus.

Why? Well, it turns out the head of the Catholic Charities affiliate had been active with Democrats and the Phoenix group had opposed President Trump’s immigration policies. By contrast, Hookers for Jesus is run by a Christian conservative and the Lincoln Tubman group was launched by a relative of a Trump delegate to the 2016 convention.

That Catholic Charities has been replaced by Hookers for Jesus says much about Barr’s Justice Department. Friends of Trump are rewarded. Opponents of Trump are punished. And the nation’s law enforcement apparatus becomes Trump’s personal plaything.

Federal prosecutors Monday recommended that Trump associate Roger Stone serve seven to nine years in prison for obstruction of justice, lying to Congress, witness tampering and other crimes.

Then Trump tweeted that the proposed sentence was “horrible and very unfair” and “the real crimes were on the other side.” And by midday Tuesday, Barr’s Justice Department announced that it would reduce Stone’s sentence recommendation. All four prosecutors, protesting the politicization, asked to withdraw from the case.

But politicization is now the norm. Last week, Barr assigned himself the sole authority to decide which presidential candidates — Democrats and Republicans — should be investigated by the FBI.

Also last week, the Department of Homeland Security, working with the Justice Department, announced that New York state residents can no longer enroll in certain Trusted Traveler programs such as Global Entry — apparent punishment for the strongly Democratic state’s policies on illegal immigrants.

On Monday, Barr declared that the Justice Department had created an “intake process” to receive Rudy Giuliani’s dirt from Ukraine on Joe Biden and Hunter Biden — dirt dug in a boondoggle that left two Giuliani associates under indictment and Trump impeached.

The same day, Barr’s agency announced lawsuits against California, New Jersey and King County (Seattle), Washington — politically “blue” jurisdictions all — as part of what he called a “significant escalation” against sanctuary cities.

On Tuesday, to get a better sense of the man who has turned the Justice Department into Trump’s toy, I watched Barr speak to the Major County Sheriffs of America, a friendly audience, at the Willard Hotel in Washington.

Even by Trumpian standards, the jowly Barr, in his large round glasses, pinstripe suit and Trump-red tie, was strikingly sycophantic. “In his State of the Union, President Trump delivered a message of genuine optimism filled with an unapologetic faith in God and in American greatness and in the common virtues of the American people: altruism, industriousness, self-reliance and generosity,” he read, deadpan.

Trump, he went on, “loves this country,” and “he especially loves you.” The boot-licking performance continued, about Trump’s wise leadership, his unbroken promises and even the just-impeached president’s passionate belief in the “rule of law.”

Then Barr turned to the enemy. He attacked “rogue DA’s” and “so-called social-justice reformers,” who are responsible for “historic levels of homicide and other violent crime” in Philadelphia, San Francisco, Seattle, St. Louis, Chicago and Baltimore. Politicians in sanctuary jurisdictions, he said, prefer “to help criminal aliens evade the law.” Barr vowed to fight these foes with “all lawful means” — federal subpoenas to force them to turn over “information about criminal aliens,” dozens of lawsuits to invalidate statutes and attempts to deny them both competitive and automatic grants.

In response to a question, Barr railed against tech companies’ use of encryption: “They’re designing these devices so you can be impervious to any government scrutiny,” he protested.

Maybe people wouldn’t be so sensitive about government scrutiny if the top law enforcement official weren’t using his position to punish political opponents and reward political allies.

Instead, with Barr’s acquiescence, we live in a moment in which: Trump’s Treasury Department immediately releases sensitive financial information about Hunter Biden, while refusing to release similar information about Trump; Trump ousts officials who testified in the impeachment inquiry and even ousts the blameless twin brother of one of the witnesses; and Trump’s FBI decides to monitor violent “people on either side” of the abortion debate — although the FBI couldn’t point to a single instance of violence by abortion-rights supporters.

This week, the Pentagon released a new color scheme for Air Force One, replacing the 60-year-old design with one that looks suspiciously like the old Trump Shuttle.Surprised? Don’t be. Soon the entire administration will be able to apply for a Justice Department grant as a newly formed nonprofit: Hookers for Trump.

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Barr’s inspirational lesson for new lawyers: Once you achieve fame, fortune, and protection from corrupt politicos and complicit judges, it’s virtually impossible to get your law license revoked for unethical performance. As long as you thumb your nose at the law and ethical rules right in public, right in front of judges, you’re essentially immune. The “rules” only apply to those poor suckers at the bottom of the “legal totem pole.”

This is actually a fairly new development under the Trump regime. In the past, even high-profile lawyers who violated their ethical obligations got zapped: John Mitchell, Dick Kleindienst, Bill Clinton(technically, he might have “surrendered his law license” in lieu of disbarment), Webb Hubbell, etc.

But, during the Trump regime, Federal Judges seem content to just “roll their eyes” at lies, false narratives, thinly veiled racist or religiously bigoted rationales for policy, and simply astounding conflicts of interest (how about running a biased and unconstitutional Immigration “Court” right in plain view?) streaming out of an ethics-free zone at the “Department of Hookers for Trump.”

U.S. District Judge Amy Berman Jackson was actually a “target” of Roger Stone’s contemptuous and openly threatening behavior. It will be interesting to see how she deals with the sudden reversal and baseless plea for mercy from Barr for this unrepentant and totally unapologetic criminal.

As if to resolve any doubts as to his contempt for America and democratic institutions, the cowardly “Bully-in-Chief” unleashed an unprovoked twitter tirade against Judge Jackson and the career prosecutors in the case. https://www.washingtonpost.com/nation/2020/02/12/trump-stone-judge/

Perhaps predictability, this was followed by an impotent call by Senate Democrats for the uber corrupt Billy Barr to resign and for the equally corrupt and spineless Sen. Lindsey Graham (R-SC) to stop slithering around the Capitol and schedule an “investigative hearing” into improper political influence at the “Department of Hookers for Trump.” https://apple.news/Az2hAo6yqT8uKJSuAX26F1Q Don’t hold your breath, folks!

At the same time, former DOJ Inspector General Michael R. Bromwich was telling WashPost’s Greg Sargent that the conduct of Trump and Billy the Toady was an “existential threat to the institutions that most of us value, prize and have served.” https://www.washingtonpost.com/opinions/2020/02/12/trump-openly-corrupts-doj-former-insider-sounds-alarm/. Right on with that!

This is not “normal.” This is not “right.” It’s time for those of us who still believe in American democracy to take a stand in November to remove Trump and the sociopathic element that he represents in our society from power. Otherwise, the “race to the bottom” will continue, unabated. And more innocent people will be hurt by or die because of this unprincipled, totally immoral lunatic.

PWS

02-12-20

FEDERAL JUDGE AGAIN FAULTS DHS DETAINER PROGRAM

https://apple.news/AmD6XgoXgST-3d3Rtb9esMQ

Joel Rubin and Brittany Mejia report for the LA Times:

A federal judge in Los Angeles upends the way ICE may use local police to detain people it suspects of being in the country illegally.

A federal judge in Los Angeles this week issued his final judgment in a long-running immigration case, upending the way Immigration and Customs Enforcement uses local police to detain people it suspects of being in the country illegally.

The judgment filed Wednesday by U.S. District Judge Andre Birotte formalized a ruling he made in September that included a permanent injunction barring ICE from using error-prone databases when issuing so-called detainers, which are requests made to police agencies to keep people who have been arrested in custody for up two days beyond the time they would otherwise be held.

The earlier ruling also blocked ICE from issuing such requests to state and local law enforcement in states where there isn’t an explicit statute authorizing police to arrest someone or keep them in custody on an immigration detainer.

The ruling, which applied to ICE activity in all but a few states, appeared to have enormous implications for how the government targets people for deportation. However, attorneys from the U.S. Department of Justice and civil rights groups that brought the case disagreed over whether the injunction went into effect immediately, and ICE gave no indication it had changed its practices.

Last fall, an ICE spokesman said the agency was “reviewing the ruling and considering our legal options.”

This week’s judgment erased any ambiguity.

Under the judgment, ICE has three months to “adopt and implement any policies, practices, trainings, and systems changes necessary to ensure consistent and effective compliance” with the judgment, Birotte wrote. The judge ordered government lawyers to provide him with evidence it had implemented new policies.

“This judgment ensures that ICE has to comply with the court’s findings that the program it’s had for decades is grounded in unconstitutional practices that have to end,” said Jennie Pasquarella, an attorney with the American Civil Liberties Union, who helped argue the case.

The class-action lawsuit alleged that the databases that agents consult to issue detainers are so badly flawed by incomplete and inaccurate information that ICE officers should not be allowed to rely on them as the sole basis for keeping someone in custody.

In September, the judge agreed with that assessment, finding that the databases often contained “incomplete data, significant errors, or were not designed to provide information that would be used to determine a person’s removability.”

These errors, according to that decision, have led to arrests of U.S. citizens as well as noncitizens in the country lawfully. From May 2015 to February 2016, of the 12,797 detainers issued in that period, 771 were lifted, according to ICE data. Of those 771, 42 were lifted because the person was a U.S. citizen.

In the years since the lawsuit was filed, ICE has amended its policies, saying the changes made the process for issuing detainers more rigorous.

Previously, for example, agents would check individual databases in search of evidence of someone being in the country illegally. But three years ago, the agency launched a new system, in which 10 databases are automatically queried. A supervisor is required to sign off on decisions to issue detainers.

Birotte said in his judgement this week that conducting interviews with people suspected of being in the country illegally and checking the hard copy files the government keeps on immigrants is the most reliable source of information for issuing detainers.

The judge’s decision affects any detainer requests issued by an ICE officer in the federal court system’s Central District of California. That designation is significant because it includes the Pacific Enforcement Response Center, a facility in Orange County from which ICE agents send out detainer requests to authorities in 43 states, Guam and Washington, D.C.

Dozens of deportation officers and contract analysts work in shifts around the clock every day at the center. In 2018, the center issued 45,253 detainers and alerted agents at field offices to more than 28,000 additional people released from law enforcement custody before ICE could detain them.

If ICE tries to move its detainer operation to another facility, Birotte said, it must alert him in advance and the injunction would follow it to the new location.

All existing detainers issued by the enforcement center were also nullified by the judge’s ruling. Pasquarella said it was unknown how many people that affects, but said it is in “the thousands.”

Finally, Birotte gave ICE a month to alert the thousands of local and state police departments to which it sent detainer requests of his judgment and “its impact on detainers issued by ICE.” He ordered ICE to post its notice prominently on its website and said the agency “shall specifically inform these agencies that a detainer does not provide the legal authority for a state or local law enforcement officer to make a civil immigration arrest.”

The detainer process begins when police arrest and fingerprint a person. The prints are sent electronically to the FBI and checked against the prints of millions of immigrants in Homeland Security databases. If there is a match — such as someone who applied for a visa or was apprehended by Border Patrol — it triggers a review process, which often culminates with an agent at the center deciding whether to issue a detainer.

Approximately 70% of the arrests ICE makes occur after the agency is notified about someone being released from local jails or state prisons. In fiscal year 2019, ICE had lodged more than 160,000 detainers with local law enforcement agencies, according to the agency.

An ICE spokeswoman declined to comment on the judgment and would not say whether ICE had yet changed its practice of issuing detainer requests. Instead, she referred reporters to a statement released Thursday by the White House.

“A single, unelected, district judge in the Central District of California issued a legally groundless and sweeping injunction that — if not immediately lifted — will guarantee the release of innumerable criminal illegal aliens into our communities putting citizens at dire risk,” the statement said. “This ruling undermines the pillars of immigration enforcement and blocks traditional and vital law enforcement cooperation that has occurred for decades.”

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

Judge Andre Birotte found that the ICE detainer program is riddled with legal errors. Not too surprising. In addition to using DHS’s inherently unreliable databases, immigration “detainers” are issued by immigration agents, not neutral and detached magistrates as they should be, which makes them constitutionally suspect and has led to rulings across the country that they should not be honored.

If I were the ACLU, however, I wouldn’t “do the victory dance” yet. Led by the complicit “J.R. Five,” the Supremes often have shown themselves to be willing, sometimes enthusiastic, enablers of the regime’s White Nationalist campaign to dehumanize and “Dred Scottify” immigrants under our laws.

As the ACLU accurately has stated: “The fundamental constitutional protections of due process and equal protection embodied in our Constitution and Bill of Rights apply to every person, regardless of immigration status.”

Unfortunately, the “J.R. Five” has ignored the rule of law and our Constitution when it comes to protecting the rights of immigrants. They have managed to “tune out” their own immigration heritages, their own good fortune and privileged positions, and turn a deaf ear to humanity and its unnecessary suffering. Instead they have allied themselves with Trump, Stephen Miller, and the other White Nationalists in subjecting immigrants and other people of color to the “New Era of Jim Crow.”

Someday, if America survives as a democracy, we will get “regime change.” But, the problems of a life-tenured judiciary infected with too many at its highest levels who are unwilling to stand up for human rights and/or who are driven by a twisted far-right ideology incorporating many of the worst aspects of white supremacy and its abuses of power over history will not necessarily disappear overnight.

Due Process Forever!

PWS

02-09-20

COMING ATTRACTIONS: ST MARY’S LAW REVIEW ON RACE & SOCIAL JUSTICE, & USTA INSTITUTE ON TEXAN CULTURES PRESENT THE 2020 IMMIGRATION SYMPOSIUM ON FEB. 28, 2020 IN SAN ANTONIO — Featuring Khizr Khan, Keynote Speaker; Ira J. Kurzbazn, Esquire, Guest Speaker; & A Host of Experts, Including Me!

My speech is entitled: “Due Process Doesn’t Live Here Any More: Weaponized Immigration Courts Are America’s Star Chambers”

Here is the complete program and registration information:

Symposium_Poster

Hope to see you in San Antonio.

Due Process Forever!

PWS

02-03-20

TESS HELLGREN @ INNOVATION LAW LAB: When It Comes To The Captive BIA & Weaponized Immigration Courts, The Article IIIs Need To Put Away The Rubber Stamp & Restore Integrity To The Law! — “Faced with the Trump Administration’s weaponization of the immigration courts against asylum-seeking individuals, the role of the federal courts is more important than ever.”

http://innovationlawlab.org/blog/the-role-of-judges-to-say-what-the-law-is-judicial-oversight-of-immigration-adjudication/

THE ROLE OF JUDGES TO “SAY WHAT THE LAW IS”: JUDICIAL OVERSIGHT OF IMMIGRATION ADJUDICATION

By Tess Hellgren, Staff Attorney and Justice Catalyst Legal Fellow

January 31, 2020

Since the beginning of the Trump Administration, the immigration court system has been used as a tool to further the executive branch’s anti-immigrant agenda. The Attorney General and other executive officials have enabled widespread due process violations and skyrocketing case backlogs while imposing case quotas and docketing rules that prevent judges from serving as impartial adjudicators.[1]

Last week, the Seventh Circuit highlighted a new abuse of power: the refusal of executive officials in the Board of Immigration Appeals (BIA) to follow a direct order from a federal court.

The BIA is the administrative body responsible for reviewing decisions that are appealed from sixty-eight immigration courts across the country. Like these immigration courts, the BIA is part of the Executive Office for Immigration Review (EOIR) – the immigration court system, located in the executive branch, that is ultimately overseen by the Attorney General of the United States. Despite the serious flaws inherent in the design of this system, BIA decisions may at least be appealed up to the appropriate federal circuit court, providing a crucial layer of independent judicial review in individual cases.[2]

In the case of Baez-Sanchez v. Barr, the Seventh Circuit had previously held that the immigration laws unambiguously grant immigration judges the power to waive a noncitizen’s inadmissibility to the United States, overruling the BIA’s prior decision to the contrary.[3] On remand, the BIA “flatly refused to implement” the court’s direct order.[4] Writing that the BIA’s decision “beggars belief,” the Seventh Circuit stated that

We have never before encountered defiance of a remand order, and we hope never to see it again. Members of the Board must count themselves lucky that [the Respondent] has not asked us to hold them in contempt, with all the consequences that possibility entails.[5]

This language is an extraordinary rebuke: it is very rare for a circuit court to issue an implicit threat to hold members of an administrative agency in contempt for directly disregarding a court order. The Seventh Circuit was clear that the BIA was mistaken if it thought that “faced with a conflict between our views and those of the Attorney General it should follow the latter.”[6] Affirming foundational separation of powers principles, the Seventh Circuit admonished that

[I]t should not be necessary to remind the Board, all of whose members are lawyers, that the “judicial Power” under Article III of the Constitution is one to make conclusive decisions, not subject to disapproval or revision by another branch of government . . . Once we reached a conclusion, both the Constitution and the statute required the Board to implement it.[7]

The Seventh Circuit’s decision also noted that the Attorney General had submitted a brief asking the court to give the BIA another opportunity to issue “an authoritative decision” on this issue, arguing that such a decision could be entitled to judicial deference.[8] The court aptly responded that this “request is bizarre,” as the court had already held that the applicable regulation was unambiguous – and an agency “cannot rewrite an unambiguous [law] through the guise of interpretation.”[9] As the Supreme Court made clear in Kisor v. Wilkie, “if the law gives an answer—if there is only one reasonable construction of a regulation—then a court has no business deferring to any other reading, no matter how much the agency insists it would make more sense.”[10]

Notably, even if the Seventh Circuit had found the laws in question to be ambiguous, the Attorney General and members of the BIA do not have free reign to impose any interpretation they choose. It is true that federal courts must defer to the reasoned decisions of administrative agencies when Congress has left the agency’s discretion to interpret an ambiguous provision of law, under the doctrine of Chevron deference.[11] But this deference is not boundless. As the Supreme Court made clear in Chevron, courts should defer to agencies’ interpretation of ambiguous statutes when the agency interpretation is “a reasonable accommodation of conflicting policies that were committed to the agency’s care by the statute.”[12] The agency’s interpretation must thus still fall “within the bounds of reasonable interpretation.”[13]

This standard, and the Seventh Circuit’s reprimand, is especially important as the Attorney General attempts to aggressively expand his control of immigration court adjudication. Under the Trump Administration, the Attorneys General have issued a number of “certified” decisions that attempt to restrict eligibility for asylum based on factors such as domestic violence, gang violence, or past persecution due to family membership.[14] In these decisions, which upend years of established immigration precedent, the Attorney General has pointedly asserted his authority to construe the terms of the Immigration and Nationality Act and implied that federal courts must fall in line with his interpretations.[15]

Yet the Attorney General’s reasoning holds only if his interpretations are actually entitled to judicial deference: if the laws in question are ambiguous and the federal courts find his interpretations reasonable.[16] And as the Supreme Court has admonished, “let there be no mistake: That is a requirement an agency can fail.”[17] Indeed, in addressing the application of the Attorney General’s certified decision in Matter of A-B-, at least one federal court has already held that a “general rule against domestic violence and gang-related claims during a credible fear determination is arbitrary and capricious and violates the immigration laws.”[18]

Faced with the Trump Administration’s weaponization of the immigration courts against asylum-seeking individuals, the role of the federal courts is more important than ever. As the Attorney General and other executive officials attempt to expand their authority to define the terms of immigration adjudication, federal courts should heed the Seventh Circuit’s decision – and remember the foundational legal principle that “[i]t is emphatically the province and duty of the judicial department to say what the law is.”[19]

[1] See generally Innovation Law Lab and Southern Poverty Law Center, The Attorney General’s Judges: How the U.S. Immigration Courts Became a Deportation Tool, 14–15 (June 2019), https://innovationlawlab.org/reports/the-attorney-generals-judges/; Complaint, Las Americas v. Trump, No. 3:19-cv-02051-SB (D. Or. Dec. 18, 2019), https://innovationlawlab.org/wp-content/uploads/2019/12/ECF-1-Las-Americas-v.-Trump-No.-19-cv-02051-SB-D.-Or..pdf.

[2] See Immigration and Nationality Act § 242; 8 U.S.C. § 1252.

[3] Baez-Sanchez v. Sessions, 872 F.3d 854, 856 (7th Cir. 2017); Baez-Sanchez v. Barr, No. 19-1642, slip op. at 2–3 (7th Cir. Jan. 23, 2020).

[4] Baez-Sanchez, slip op. at 3.

[5] Id. at 3–4.

[6] Id. at 4.

[7] Id.

[8] Id. at 4–5.

[9] Id. at 5.

[10] Kisor v. Wilkie, 139 S.Ct. 2400, 2415 (2019).

[11] Chevron v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 842–43 (1984).

[12] Id. at 844–45; see also 5 U.S.C. § 706(2) (a reviewing court shall set aside agency action, findings, and conclusions found to be “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”).

[13] See Kisor, 139 S.Ct. at 2416, quoting Arlington v. FCC, 569 U.S. 290, 296 (2013).

[14] See Matter of A-B-, 27 I&N Dec. 316 (2018); Matter of L-E-A-, 27 I&N Dec. 581 (2019). Note inconsistencies

[15] See Matter of A-B-, 27 I&N at 326–27; Matter of L-E-A-, 27 I&N at 591–92.

[16] See Nat’l Cable & Telecommunications Ass’n v. Brand X Internet Servs., 545 U.S. 967, 982 (2005) (allowing for agency interpretation to override judicial interpretation in certain circumstances, when the agency interpretation is “otherwise entitled to Chevron deference”).

[17] See Kisor, 139 S.Ct. at 2416.

[18] Grace v. Whitaker, 344 F. Supp. 3d 96, 127 (D.D.C. 2018).

[19] See Marbury v. Madison, 5 U.S. 137, 177 (1803).

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Well said, Tess!

Thanks for being such a NDPA stalwart!

Due Process Forever!

PWS

02-01-20

INSIDE TRUMP’S “NEW AMERICAN GULAG” — This Fox Is Licking Her Lips, Getting Ready To Devour Hens As Regime Pokes Congress In The Eyes With Sharp Sticks!

Julie Kirchner — Julie Kirshner
Anti-Immigrant Activist
DHS Official
“Fox in Hen House”

https://www.buzzfeednews.com/article/hamedaleaziz/immigration-hardliner-detention-ombudsman

Hamed Aleaziz reports for BuzzFeed News:

The Trump administration has named a hardline former leader of an anti-immigration group to help set up a new role created by Congress to oversee complaints of civil rights violations in detention centers and help those affected by misconduct, according to an internal memo obtained by BuzzFeed News.

The Office of the Immigration Detention Ombudsman was created in the most recent appropriations bill to “address issues that arise in DHS detention facilities” and remain independent of Immigration and Customs Enforcement or US Customs and Border Protection. The office will report directly to the secretary of Homeland Security.

Ken Cuccinelli, the controversial second-in-command at the Department of Homeland Security, appointed Julie Kirchner, former leader of FAIR, a group that advocated for policies that restrict immigration, to help set up the office, according to the memo. Cuccinelli also tapped Tracy Short — a former top ICE official who signed memos during the Trump administration to stop the agency from granting reprieves for certain immigrants facing deportation — to also help figure out the plans for the office.

“To spearhead this effort, I have asked Julie Kirchner, outgoing Citizenship and Immigration Services Ombudsman, and Tracy Short, Senior Advisor at Immigration and Customs Enforcement, to work with senior leadership and staff within the Department to lay the proper foundation for the [office],” according to the memo, which was dated Jan. 28.

Congress provided $10 million for the office to address issues of misconduct by DHS officials in detention centers, establish a process to oversee complaints made against immigration officials, inspect facilities, provide recommendations for improvement, and potentially help those whose rights have been violated while in custody.

“In the immediate days and weeks Julie and Tracy will be contacting a variety of individuals across the Department to solicit their input and request information regarding the formation of this new office,” Cuccinelli wrote.

Kirchner was initially picked as the ombudsman at USCIS in 2017, before her departure in the role was announced late last year.

When her appointment was originally announced in 2017, advocacy groups were outraged, due to her background at FAIR, which the Southern Poverty Law Center had labeled a hate group and “America’s most influential anti-immigrant organization.”

“Kirchner’s new position is a very powerful one, which it makes it all the more disturbing considering her past work,” the SPLC said at the time.

The move to appoint Kirchner and Short to help “lay the proper foundation” for the office will likely spur criticism from Congressional officials.

“That’s like letting the fox watch the hens,” said one congressional staffer in a message to BuzzFeed News.

John Sandweg, former acting head of ICE during the Obama administration, said the move was not surprising, but potentially indicative of how the administration sees the role.

“These are the architects of the Trump administration’s immigration enforcement policies,” he said. “It’s not a surprise they would try to build this thing in a way that makes it as less impactful as possible and seems inconsistent with the intent of Congress when they created the office. We have to wait to see what the end product is.”

DHS did not immediately comment.

ICE has expanded the number of people it detains to record levels under President Trump. As of late January, the agency was detaining nearly 41,000 immigrants. The peak came last summer, when around 55,000 immigrants were in custody in local jails and private prisons across the country.

In December, the House Oversight and Reform Committee announced it had opened an investigation into the medical care of immigrant detainees in the wake of a BuzzFeed News story that revealed a series of allegations of substandard care from a whistleblower.

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Totally corrupt!

“Wait and see what the end product is?” John Sandweg, are you really so naive that you think Kirchner will do her job and help detainees to be treated like humans? Come on, man! No way! We already know what’s going too happen. And, it will be the exact opposite of what Congress intended in enacting this legislation. But, it’s not like Congress, or the courts for that matter, hold this regime accountable for scofflaw conduct.

She’s there to insure that cruel and inhuman treatment are the norms, there is no accountability, and that the legion of DHS detention abuses (the “core concept” of the “New American Gulag”) are covered up. In other words, to insure maximum dehumanization, a key part of the regime’s nativist agenda. What in Julie Kirchner’s anti-immigrant zealotry, or Tracy Short’s for that matter, would make you think that there is any “ambiguity” on how this will play out?

Keep those court cases rolling! Notwithstanding their tendency toward complicity, eventually, at least some Federal Judges hopefully can be “shamed” into enforcing laws protecting migrants, recognizing human rights, and requiring human dignity in DHS’s treatment of detainees (most of whom don’t belong in “uncivil” detention in the first place).

PWS

01-30-20

BUSY KNIGHTS & KNIGHTESSES: The Round Table Speaks Out Again For Due Process & Judicial Independence On The Eve Of House Subcommittee Hearing

Round Table House 12920 hearing

Statement of the Round Table of Former Immigration Judges Submitted to the House Judiciary Subcommittee on Immigration and Citizenship
Hearing on “Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts”
January 29, 2020
This statement for the record is submitted by former Immigration Judges and former Appellate Immigration Judges of the Board of Immigration Appeals (BIA). Members of our group were appointed to the bench and served under different administrations of both parties over the past four decades. Drawing on our many years of collective experience, we are intimately familiar with the workings, history, and development of the immigration court from the 1980s up to present.
The purpose of the immigration courts is to act as a neutral check on executive overreach in the enforcement of our immigration laws. In their detached and learned interpretation of the laws and regulations, Immigration Judges exist to correct overzealous bureaucrats and policy makers when they overstep the bounds of reasonable interpretation and the requirements of due process.
Unfortunately, no Attorney General has ever created an impartial immigration court system because the immigration courts have always been housed inside the U.S. Department of Justice, subject to the nation’s chief enforcement officer, the Attorney General. Due in large part to the efforts of their union, the National Association of Immigration Judges, (NAIJ), the Immigration Judge corps managed to maintain decision making independence even when faced with increased caseloads and political pressures.
We are extremely disturbed by this administration’s systemic and unprecedented efforts to undermine Immigration Judges’ independence and neutrality. Such efforts have proceeded seamlessly through three different Attorneys General. Even Matthew Whitaker, acting as a caretaker and with no prior immigration law background, managed in his brief time in charge to certify two cases to himself, one of which was a decision of the BIA which had denied asylum and created a difficult standard for those seeking asylum based on their family ties, in order to make such standard even more daunting.
The three Attorneys Generals have together abused their certification power to circumvent the intent of Congress by rewriting our nation’s immigration laws. In
1

some of their decisions, the Attorneys General have eliminated precedent decision and then imposed requirements that necessitate much more attorney preparation, longer hearings, and more exacting decisions from the Immigration Judges themselves in order to grant relief where such relief is due. The disingenuous assertion for doing so was that the parties had stipulated to certain facts and findings without evidence, when in fact the parties had done so – as in all judicial settings – because the evidence in support of such facts and findings was overwhelming and there is no need to burden the court system by presenting them in each case. At the same time, the Department of Justice has greatly expedited the hearings of those who are often most vulnerable, while requiring a growing number of asylum-seekers to either wait in Mexico in a state of homelessness, with little access to counsel or ability to be able to gather evidence; or to alternatively be detained in horrific conditions in remote detention facilities, all with little to no access to counsel.1 The administration has increasingly denied observers access to Remain in Mexico hearings.2 In particular, a member of our group was asked to leave a Remain in Mexico hearing where she was observing a case on the spurious claim that her note taking was distracting.3
In addition to cutting off access to the agency’s more controversial classes of hearings, EOIR has also effectively ended the participation of Immigration Judges as speakers in legal conferences and at law schools, including as participants in moot court hearings.4 The judges’ own union, the NAIJ, has served as the sole voice of its members, publicly speaking out against policies that undermine its independence and impartiality, and in advocating for independent Article I court status. In response, the Department of Justice has sought to silence the NAIJ
1 On January 24, 2019, the Department of Homeland Security (DHS) announced the Migration Protection Protocols (MPP), a policy also known as “Remain in Mexico,” which requires individuals seeking asylum at our southern border to remain in Mexico while their U.S. removal proceedings are pending.
2 Adolfo Flores, Immigration “Tent Courts” Aren’t Allowing Full Access To The Public, Attorneys Say, (1/13/2020), https://www.buzzfeednews.com/article/adolfoflores/immigration-tent-courts-arent-allowing-full-public-access.
3 The Round Table of Former Immigration Judges, Letter to Director McHenry and Chief Immigration Judge Santoro, (Dec. 10, 2019), https://immigrationcourtside.com/wp-content/uploads/2019/12/McHenry- letter_letterhead-1.pdf.
4 The Knight First Amendment Institute, Knight Institute Calls on DOJ’s Executive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https://knightcolumbia.org/content/knight-institute- calls-on-dojs-executive-office-for-immigration-review-to-suspend-policy-silencing-immigration-judges.
2

through a present effort to decertify on the same basis that was rejected previously this union that has been certified since 1979.5
The Attorneys General have also issued decisions stripping Immigration Judges of the judicial tools needed to properly execute their duties. Through precedent decisions by certification, then-Attorney General Jeff Sessions issued binding decisions stripping Immigration Judges of their long-standing ability to administratively close6 or terminate7 cases where appropriate or necessary, or even to continue hearings where due process requires.8
The above actions of Attorneys General, as well as the reshuffling of Immigration Judge dockets to assure that cases are heard based on the political priority of the day as opposed to due process concerns, has resulted in unprecedented, sky- rocketing backlogs.9 The backlog has increased exponentially despite the dramatic increase in Immigration Judge appointments, most of which have favored individuals with enforcement backgrounds. Some have wondered if this is an attempt to implode the Immigration Court system, but whether it is intentional or not, this could be the ultimate effect.
EOIR’s director is not a political appointee, yet he has acted as one by promulgating policies that undermine judicial independence. For example, he has created completion quotas that require Immigration Judges to choose between justice for those who appear before them and their own job security. The vast majority of other administrative judges – including Social Security Judges – are exempted from such quotas by statute, and the Immigration Judges were previously exempted by policy. Immigration Judges are told in their training that they are only DOJ attorneys and as employees of the Attorney General and the Department of Justice, they owe loyalty to the objectives of those they serve. Such quotas damage the public’s confidence in the immigration court system by creating the perception of bias. Even in the law enforcement context, quotas are seen as harmful. For example, most states outlaw such quotas for traffic tickets issued by
5 Eric Katz, The Justice Department says immigration law judges operate as managers, an argument the Federal Labor Relations Authority rejected in 2000, (Aug. 12, 2019), https://www.govexec.com/management/2019/08/ trump-administration-looks-decertify-vocal-federal-employee-union/159112/.
6 Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018)
7 Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018) 8 Matter of L-A-B-R- et. Al., 27 I&N Dec. 405 (A.G. 2018)
9 According to the Transactional Records Access Clearinghouse (TRAC) at Syracuse University the December 2019, backlog was 1,089,696. See, https://trac.syr.edu/phptools/immigration/court_backlog/
3

police officers. Pressuring Immigration Judges to adhere to the views of the enforcement officer and agency that employ them contradicts the Supreme Court’s 1954 ruling to the contrary, in which it held that the BIA must decide cases according to its judges’ “own understanding and conscience,” and not those of the Attorney General.10
EOIR has taken additional actions to undermine the appearance of neutrality so necessary to a court system. The agency posted on its website a press release announcing a “return to the rule of law” based solely on an increase in the number of deportation orders issued by the courts.11 More recently, the agency issued a “Myths vs. Facts” sheet12 falsely claiming that noncitizens as a rule don’t appear for their court hearings (whereas statistics compiled by TRAC indicate an appearance rate over 90%;13 that asylum seekers’ claims lack merit, and that attorneys don’t really impact court outcomes. The members of this honorable committee are asked to try to imagine any other court issuing such a statement concerning those that appear before its judges, and to further imagine what the public response would be. Our Round Table was one of several groups that issued a statement strongly criticizing such action.14
Our group includes a significant number of former Immigration Judges who retired or otherwise left the bench sooner than intended due to the unconscionable policies of the present administration. Two amongst us took the highly unusual step of resigning after only two years on the bench. One of our members made a point of retiring after 28 years on the bench on the day before the oppressive completion quota system went into effect as a statement that he refused to work under such conditions.15
10 Accardi v. Shaughnessy, 347 U.S. 260 (1954).
11 https://www.justice.gov/opa/pr/return-rule-law-trump-administration-marked-increase-key-immigration-statistics
12 https://www.justice.gov/eoir/page/file/1161001/download 13 See, https://trac.syr.edu/immigration/reports/562/.
14 Round Table of Former Immigration Judges, EOIR “Myth vs. Fact” Memo, (May 13, 2019), https:// www.aila.org/infonet/retired-ijs-and-former-members-of-the-bia-object; See also AILA Policy Brief: Facts About the State of Our Nation’s Immigration Courts, (May 14, 2019), https://www.aila.org/advo-media/aila-policy-briefs/aila- policy-brief-facts-about-the-state-of-our.
15 “Immigration Judges say they’re ;leaving jobs because of Trump policies,” The Hill, Feb. 13, 2019, https:// thehill.com/latino/429940-immigration-judges-say-theyre-leaving-jobs-because-of-trump-policies
4

We acknowledge our former colleagues still on the bench who continue to afford due process and fairness in their decisions. Their increasing difficulty in doing so was illustrated by the highly-publicized case in which an Immigration Judge in Philadelphia, upon receiving a case remanded by the Attorney General, continued the hearing of a minor who did not appear for purposes of ensuring that the youth received proper notice of the hearing, as required by law. EOIR management immediately removed the case from the judge’s docket, along with more than 80 other similar cases. The judge was most improperly chastised by his supervisor. Instead of assigning the case to another judge in the Philadelphia court, EOIR management sent one of its own to Philadelphia for the sole purpose of issuing an in absentia removal order against the youth.16 What message did these actions send to the Immigration Judge corps (in particular, to those recently hired who may be removed without cause within two years of their appointments) about exercising independent judgment? We affirm that such action would have been unthinkable under any prior administration during the four decades in which we served.
Immigration Judges also depend on a fair review of their decision on administrative appeal to the BIA. We are sad to report that the Appellate Immigration Judges on the BIA have abdicated the independent understanding and conscience recognized 66 years ago by the Supreme Court. Last month, a judge sitting on the U.S. Court of Appeals for the Third Circuit stated in a concurring opinion of the court: “it is difficult for me to read this record and conclude that the Board was acting as anything other than an agency focused on ensuring Quinteros’ removal rather than as the neutral and fair tribunal it is expected to be. That criticism is harsh and I do not make it lightly.”17 And on January 23, 2020, a three Judge panel of the U.S. Court of Appeals for the Seventh Circuit suggested holding the BIA’s judges in contempt of court, “with all the consequences that possibility entails.”18 What provoked such reaction was the BIA’s decision to completely ignore a binding order of an Article III court because then-Attorney General Jeff Sessions in a footnote to a certified decision had expressed his disagreement with such decision. The Seventh Circuit stated that the Board’s action “beggar’s belief,” adding that it has “never before encountered defiance of a remand order, and we hope never to see it again.” But as long as the Attorney General holds the power to
16 National Association of Immigration Judges, Judges’ Union Grievance Seeking Redress for the Unwarranted Removal of Cases from IJ, (Aug. 8, 2018), https://www.aila.org/infonet/naij-grievance-redress-removal.
17 Quinteros v. Att’y Gen., No. 18-3750 (3d Cir. Dec. 17, 2019).
18 Baez-Sanchez v. Barr, No. 19-1642 (7th Cir. Jan. 23, 2020). 5

remove them and the Circuit Courts don’t, the BIA will err on the side of job security.
With the BIA acting as the Attorney General’s enforcer, Immigration Judges are increasingly concerned with whether U.S. Immigration Customs Enforcement (ICE) might appeal a grant of relief. One of the requirements specified in the immigration judges’ performance quotas requires that not more than 15 percent of the immigration judges’ decisions can be remanded or reversed on appeal by the BIA.
It is the role of Congress to write the immigration laws and that of the Attorney General to uphold them. This administration has sought to rewrite those laws in defiance of directives of the Supreme Court and the Courts of Appeal which demonstrates that it is time for Congress to remove the responsibility for creating a fair immigration court from the Attorney General. The administration has stymied the efforts of immigration judges to faithfully execute their sworn obligations to accord due process to everyone who appears before them and to decide every case on its own merits after a full and fair consideration of the evidence. Instead, EOIR has imposed unrealistic productivity mandates that place speed above all considerations of fairness.
For all of the above reasons, we hope that Congress will take steps towards removing the immigration courts and BIA from the Department of Justice and establishing an independent Article I Immigration Court. In the meantime, we hope that Congress will use the powers at its disposal to limit undue influence on the Immigration Judges; to protect the NAIJ union from decertification; and to call the BIA to account for its recent outrageous behavior.
We appreciate the opportunity to provide this statement for the record and look forward to engaging as Congress considers reforming the immigration court system.
Contact with questions or concerns: Jeffrey S. Chase, jeffchase99@gmail.com. Sincerely,
Hon. Steven Abrams, Immigration Judge, New York, Varick St., and Queens (N.Y.) Wackenhut Immigration Courts, 1997-2013
Hon. Terry A. Bain, Immigration Judge, New York, 1994-2019
6

Hon. Sarah Burr, Assistant Chief Immigration Judge and Immigration Judge, New York, 1994-2012
Hon. Esmerelda Cabrera, Immigration Judge, New York, Newark, and Elizabeth, NJ, 1994-2005
Hon. Teofilo Chapa, Immigration Judge, Miami, 1995-2018
Hon. Jeffrey S. Chase, Immigration Judge, New York, 1995-2007
Hon. George T. Chew, Immigration Judge, New York, 1995-2017
Hon. Joan Churchill, Immigration Judge, Arlington, VA 1980-2005
Hon. Bruce J. Einhorn, Immigration Judge, Los Angeles, 1990-2007
Hon. Cecelia M. Espenoza, Appellate Immigration Judge, BIA, 2000-2003
Hon. Noel Ferris, Immigration Judge, New York, 1994-2013
Hon. James R. Fujimoto, Immigration Judge, Chicago, 1990-2019
Hon. Jennie L. Giambastiani, Immigration Judge, Chicago, 2002-2019
Hon. John F. Gossart, Jr., Immigration Judge, Baltimore, 1982-2013
Hon. Paul Grussendorf, Immigration Judge, Philadelphia and San Francisco, 1997-2004
Hon. Miriam Hayward, Immigration Judge, San Francisco, 1997-2018
Hon. Charles Honeyman, Immigration Judge, Philadelphia and New York, 1995-2020
Hon. Rebecca Jamil, Immigration Judge, San Francisco, 2016-2018
Hon. William P. Joyce, Immigration Judge, Boston, 1996-2002
Hon. Carol King, Immigration Judge, San Francisco, 1995-2017
Hon. Elizabeth A. Lamb, Immigration Judge, New York, 1995-2018
Hon. Donn L. Livingston, Immigration Judge, Denver and New York, 1995-2018 Hon. Margaret McManus, Immigration Judge, New York, 1991-2018
Hon. Charles Pazar, Immigration Judge, Memphis, 1998-2017
Hon. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018
Hon. John W. Richardson, Immigration Judge, Phoenix, 1990-2018
Hon. Lory D. Rosenberg, Appellate Immigration Judge, Board of Immigration Appeals, 1995-2002
Hon. Susan G. Roy, Immigration Judge, Newark, NJ 2008-2010
Hon. Paul W. Schmidt, Chair and Appellate Immigration Judge, Board of Immigration Appeals, and Immigration Judge, Arlington, VA 1995-2016
Hon. Ilyce S. Shugall, Immigration Judge, San Francisco, 2017-2019
Hon. Denise Slavin, Immigration Judge, Miami, Krome, and Baltimore, 1995-2019
Hon. Andrea Hawkins Sloan, Immigration Judge, Portland, 2010-2017
Hon. Gustavo D. Villageliu, Appellate Immigration Judge, BIA, 1995-2003
Hon. Robert D. Vinikoor, Immigration Judge, Chicago, 1984-2017
Hon. Polly A. Webber, Immigration Judge, San Francisco, 1995-2016
7

Hon. Robert D. Weisel, Assistant Chief Immigration Judge, Immigration Judge, New York 1989-2016
8

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

Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog

Thanks to our “Lead Knight,” Hon. Jeffrey Chase, for all of his work on drafting, revising, and coordinating this huge, important project on short notice (all while continuing to save lives in Immigration Court as a “real” trial lawyer).

Yes, there were “knightesses” (female knights) in history. Joan of Arc is a well known one. Today, they are common (perhaps a majority) among the ranks of our Round Table and certainly among the fiercest and most courageous champions of Due Process as well as role models for all aspiring judges!

Knjightess — Knightess of the Round Table

Due Process Forever!

PWS

01-28-20

COLBY KING @ WASHPOST: “The values preached by Martin Luther King Jr. need rediscovering in 2020” — “Knowing right from wrong; honesty; justice. Basic values preached by Martin Luther King Jr. still need rediscovering in 2020.”

Colbert I. King
Columnist
Washington Post

https://www.washingtonpost.com/opinions/the-values-preached-by-martin-luther-king-jr-need-rediscovering-in-2020/2020/01/17/8225eeb8-3896-11ea-bf30-ad313e4ec754_story.html

Colbert I. King

Columnist

Jan. 17, 2020 at 2:47 p.m. EST

It was a 25-year-old Martin Luther King Jr., whose birthday is celebrated on Monday, who stood in the pulpit of Detroit’s Second Baptist Church on Feb. 28, 1954. The Montgomery bus boycott, which would launch the future leader of the American civil rights movement to national prominence, was nearly two years away.

King roused the Second Baptist congregation that Sunday morning with a sermon that did not once mention race. Discrimination, segregation, protest demonstrations — these were not on his agenda. The young preacher went deeper, if such a thing was possible during an era of racial turmoil.

King got the congregation thinking about values, a subject as relevant today as it was in 1954.

King talked about lost values and the need for rediscovering them.

Listen to the Voices of the Movement podcast: Stories from civil rights leaders who changed America

Something seemed fundamentally wrong in society, he preached. And it wasn’t because society didn’t know enough. Scientific progress was amazing. King said in 18th-century America, it took three days for a letter to go from New York City to Washington; in 1954, a person could go from Detroit to China in less time.

It’s even more astonishing today. Breakfast can be had in Washington, teatime enjoyed in London and a nightcap swallowed in New York City — all in the same day.

The trouble, he said, was not that we don’t know enough but that “we aren’t good enough.” Scientific genius, he said, has outpaced “our moral genius.” The greater danger facing the country in ’54, King noted, was not “the atomic bomb that was created by physical science” that could be dropped on the heads of thousands of people, but “that atomic bomb which lies in the hearts and souls of men, capable of exploding into the vilest of hate and into the most damaging selfishness.”

That thought calls to mind the more than three dozen countries in the world with unmanned, missile-armed drones capable of being launched from afar under remote control and striking and killing with precision. Think about what lies within the hearts and souls of leaders in countries such as North Korea, China, Iran, Russia, Turkey and, yes, the United States.

King called attention to shaky moral foundations and the “relativistic ethic” that was being applied to right and wrong. He described it as an ethic that says “since everybody is doing it, it must be right” — an ethic that means “people can’t stand up for their . . . convictions, because the majority of people might not be doing it.” He said it’s “a sort of numerical interpretation of what’s right.”

King’s teaching got me to thinking about the 53 Senate Republicans who know that some things are right and some things are wrong, but adjust their attitudes relative to the behavior of President Trump.

King said he was at Second Baptist to say that some things are right and wrong, eternally and absolutely. “It’s wrong to hate,” he declared. “It has always been wrong, and it always will be wrong. It’s wrong in America, it’s wrong in Germany, it’s wrong in Russia, it’s wrong in China. It was wrong in 2000 B.C., and it’s wrong in 1954 A.D. It always has been wrong, and it always will be wrong!”

That got me thinking about White House senior policy adviser Stephen Miller. How can a person who pushes white nationalism, invokes a 1924 American immigration law extolled by Adolf Hitler, is bigoted and racially intolerant — how can he end up in the White House?

Then I stopped to think about who put Miller where he is — President Trump. The same President Trump who recently retweeted to his 71 million followers a doctored photo of House Speaker Nancy Pelosi (D-Calif.) wearing a hijab and Sen. Charles E. Schumer (D-N.Y.) with a turban on his head in front of an Iranian flag with a caption reading, “the corrupted Dems trying their best to come to the Ayatollah’s rescue.” Why wouldn’t an insulter of Islam and Muslims, who also inflicts cruelty at our southern border, want to have the likes of Stephen Miller at his side?

King’s sermon derided what he regarded as a pragmatic test applied to right and wrong: “If it works, it’s all right. Nothing is wrong but that which does not work. If you don’t get caught, it’s right.”

=Which made me think of Trump using the powers of his office to solicit a foreign government to help take down a domestic political opponent, lying about his successes and taking credit for things he didn’t do — all because it works. And his adoring believers eat it up.

King reminded the Second Baptist worshipers that “it’s possible to affirm the existence of God with your lips and deny his existence with your life.”

Which makes me visualize Trump basking at evangelical rallies and paying lip service to God, while paying actual service to himself.

Knowing right from wrong; honesty; justice. Basic values preached by Martin Luther King Jr. still need rediscovering in 2020.

*********

Amen!

PWS

01-20-20

NY TIMES BLASTED FOR GIVING FORUM TO WHITE NATIONALIST PROPAGANDA FROM CIS SHILL! — “The organization has gained credibility by writing pseudo-science ‘research’ papers that are little more than racist ideology dressed up in scholarly language.”

Sebastian Murdock
Senior Reporter
HuffPost

https://www.huffpost.com/entry/new-york-times-anti-immigration-op-ed-hate-group_n_5e21d9d8c5b673621f752f9c

The Center for Immigration Studies, an anti-immigration think tank, is categorized as a hate group by the Southern Poverty Law Center.

BY SEBASTIAN MURDOCK

SENIOR REPORTER

HIUFFPOST

The New York Times published an op-ed decrying immigration by an author claiming to be a “liberal restrictionist” who is in fact attached to a known hate group.

The column, published Friday, was written by , “a senior research fellow at the Center for Immigration Studies,” according to the biography listed under his byline.

CIS, which calls itself “an independent, non-partisan, non-profit, research organization,” is a known hate group that has been described by the Southern Poverty Law Center as an anti-immigrant movement that hires racist writers and associates with white nationalists.

“I’m a Liberal Who Thinks Immigration Must Be Restricted,” Kammer’s headline reads. The piece begins with an anecdote about how immigrants take the jobs of American-born workers and later claims “many liberal Democrats” want illegal immigration to run rampant:

Now many liberal Democrats, including those who call for the abolition of Immigration and Customs Enforcement, seek to erase the distinction between legal and illegal immigration. Under the banner of inclusiveness, equality, human rights, racial reconciliation and reparations for American interventions in the third world, those liberals demand sanctuary for those who make it past the Border Patrol or overstay a visa. Few speak openly of open borders, but that is essentially what they are calling for.

Throughout the piece, Kammer seems set on reminding readers that he is liberal, even if his views might suggest otherwise.

“That’s why I call myself a liberal restrictionist,” Kammer, a former journalist, writes. “I have long considered myself a moderate liberal, in part because Democrats have always been the allies of working people.”

White House adviser Stephen Miller, a white nationalist, has cited CIS when speaking about immigration, and in 2011, the group released a report attempting to connect immigration with the creation of future terrorists, calling them “terror babies.”

The organization has gained credibility by writing pseudo-science “research” papers that are little more than racist ideology dressed up in scholarly language. According to the SPLC, “longtime CIS executive director Mark Krikorian’s contributions to the immigration policy debate rarely rise above petulant commentary dashed with extremist statements.”

Running a column by an author employed by a known hate group is the latest in the Times’s run of publishing racist pieces in its opinion section. In December, columnist and known bedbug Bret Stephens cited a study by a white nationalist that falsely claimed Ashkenazi Jews have a higher IQ than other races. The study he cited “traffics in centuries-old anti-Semitic tropes,” according to the SPLC.

Do better, New York Times.

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

Ben Mathis-Lilley
Chief News Blogger
SLATE

https://slate.com/news-and-politics/2020/01/times-op-ed-white-nationalist-center-for-immigration-studies.html

THE SLATEST

Times Taps White Nationalist Organization for Thought-Provoking Perspective on Immigration

By BEN MATHIS-LILLEY

JAN 17, 20206:42 PM

The New York Times opinion section under editor James Bennet ostensibly aims to challenge the paper’s predominately liberal readers by presenting them with thoughtful critiques of their worldview. In practice, it runs pieces like this recent argument that launching a war against Iran would end attacks against American interests in the Middle East—which was written by a veteran of the Bush administration who had predicted confidently in a 2003 piece also published by the Times that launching a war against Iraq would end attacks against American interests in the Middle East. There was no acknowledgment in the new piece of the old one, as an opinion section committed to intellectual honesty might require, nor was it particularly challenging in the sense of being difficult to rebut. But it did make people on the left feel bad, and like they were losing their minds, which is the bar that Bennet’s section requires an argument to clear.

The essay “I’m a Liberal Who Thinks Immigration Must Be Restricted,” published in the Times Thursday, may represent the nadir of this approach. It makes a familiar argument: that “the left” believes in a “post-national” system of open borders which sacrifices the interests of native-born working Americans to the interests of low-skilled foreign immigrants who drive down wages and disrupt the cultural cohesiveness of their communities. It argues for respecting a distinction between legal and illegal immigration and asserts that Donald Trump’s position on immigration can be appreciated, in a non-racist way, as “a patriotic battle to defend common people.” It accuses Trump’s critics of having had their minds addled by “tribal passions” and a fetish for conflict “between ethnic groups,” and it proposes a “conciliatory” policy that would offer amnesty to existing undocumented workers but institute a crackdown regime of visa enforcement that would prevent future undocumented individuals from finding jobs.

The familiarity of the article’s arguments is matched by the familiarity of its flaws. While large-scale immigration is, in fact, believed by some non-racists to flatten wages at the bottom of the pay scale, it’s also known to accelerate rather than retard economic expansion overall, and tends to be supported by progressives who advocate for other means of increasing working-class wages and sharing the benefits of GDP growth. The distinction between “legal” and “illegal” immigration is not some ancient, race-agnostic pillar of global affairs, but rather a concept that was instituted in the United States in the early 20th century to explicitly discriminate against Asian, southern European, and eastern European individuals and expanded in the 1960s to explicitly discriminate against Mexicans. Trump’s support is strongest in areas where there are fewer undocumented immigrants, not more, and he lost four of the five states that have the highest undocumented populations per capita. Many of the most immigration-heavy and ethnically diverse cities in the U.S. are also the safest and wealthiest and are considered so desirable to live in by migrating native-born Americans that they are experiencing housing crises.

As to whether criticizing an administration that instituted the premeditated, systematic separation of young children from their parents after they applied legally for asylum is a matter of unseemly “tribal passions,” or whether support for the principles of inclusive American citizenship described on the Statue of Liberty constitutes “post-national” anti-patriotism, perhaps we can agree to disagree.

More concerning than any of these specific problems, though, is the piece’s provenance: It’s written by someone named Jerry Kammer, a fellow at a think tank called the Center for Immigration Studies. Kammer has made a career out of covering immigration policy, he writes, for two reasons: “I was fascinated by its human, political and moral complexity. I also wanted to push back against the campaign by activist groups to label restrictionism as inherently racist.” He expresses regret that “odious people” with white-power affiliations have given the cause of cutting back on immigration a “bad name.”

What neither Kammer nor the Times discloses is that the Center for Immigration Studies was in fact founded by these people, most prominent among them a white nationalist named John Tanton who died last year. Tanton, as the Southern Poverty Law Center has documented, believed that the United States needed to maintain a “European-American majority, and a clear one at that”; he founded CIS, he wrote in the 1980s, in order to give his ideas the appearance of independent “credibility.”

Kammer does write that he disagrees with “some of the center’s hard-line positions.” Among his more hard-line colleagues at CIS are a writer named Jason Richwine, who contributed to a journal founded by white supremacist Richard Spencer and who has said that “IQ” is the “most important” difference between racial groups. (As the SPLC has documented, CIS has circulated literally hundreds of articles by explicit white supremacists like Spencer via links in its weekly newsletter. Its director once accused Barack Obama of trying to “foment race war.”) A statement of purpose on the CIS website is credited to longtime Tanton collaborator Dan Stein, who once complained that mass immigration was a tool developed by “Ted Kennedy and his political allies” in approximately 1958 to “retaliate against Anglo-Saxon dominance.”

In 1997, the Wall Street Journal wrote about Tanton in a piece called “The Intellectual Roots of Nativism.” It was a scathing article which noted that Tanton had once described the immigrant’s contribution to society as “defecating and creating garbage and looking for jobs.” The piece expressed concern that “otherwise sober-minded conservatives” and “reasonable critics of immigration” were affiliating themselves with his ideas. The author of that WSJ article, a 28-year-old journalist named Tucker Carlson, has since made the career-advancing decision to embrace Tanton-style nativism; he was in the news not too long ago for complaining in his role as a Fox News host that immigrants make the United States physically “dirtier.”

Whatever space ever existed between mainstream conservatism and white-power nationalism, Carlson demonstrates, has collapsed. And it turns out that the “odious people” that Kammer references in the Times are actually his colleagues and forebears, who created his organization so that policies intended to perpetuate “European-American” and “Anglo-Saxon” superiority could be laundered into the respectable discourse. What else is there to say but: It worked!

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

So, we have a White Nationalist in the White House assisted by neo-Nazi advisor Stephen Miller actually turning nativism into “Government policy.” Other white supremacists are scattered in key positions throughout the Government, particularly the immigration bureaucracy. Trump tweets and right-wing media put out a constant barrage of nativist lies, misrepresentations, false narratives, and racial, ethnic, and religious slurs.

So, just why is it that the “mainstream media” owes White Nationalists yet another forum to spread their nativist propaganda?

It’s not limited, of course, to just the Times. The WashPost regularly publishes largely fact and value free right-wing blather from professional shills like Marc Thiessen and Hugh Hewitt under the guise of “op-eds.”

And Chuck Todd regularly invites GOP congenital liars and Trump toadies like Sen. Ron Johnson (R-WI), Sen. John Kennedy (R-LA), and Sen. Ted Cruz (R-TX) to spread their lies, false narratives, and debunked “conspiracy theories” from the “bully pulpit” of “Meet the Press.” To top it off, Chuck then appears to be flabbergasted that when he confronts these guys with truth and facts, they “double down” continuing to lie to his face, ignore established facts, and spread Putinesque conspiracy theories.

Fact is, most of the Trump agenda is corrupt, counterfactual, unethical, inhumane, divisive, and corrosive to American democracy. We receive enough of it from lots of sources every day, pretty much 24-7-365. Is it really necessary for those supposedly dedicated to truth and democracy to give more free “air time” to nativist shills spreading their racially corrosive, divisive, anti-democracy propaganda?

PWS

01-18-20

83% OF AFRICAN AMERICANS SAY TRUMP IS A RACIST: What Planet Has The Other 17% Been Living On? — “He has taken hatred against people of color, in general, from the closet to the front porch.”

https://apple.news/ABd8vQaHZQJm6eDhvbK3j0Q

The WashPost reports:

BY CLEVE R. WOOTSON JR., VANESSA WILLIAMS, DAN BALZ AND SCOTT CLEMENT

President Trump made a stark appeal to black Americans during the 2016 election when he asked, “What have you got to lose?” Three years later, black Americans have rendered their verdict on his presidency with a deeply pessimistic assessment of their place in the United States under a leader seen by an overwhelming majority as racist.

The findings come from a Washington Post-Ipsos poll of African Americans nationwide, which reveals fears about whether their children will have a fair shot to succeed and a belief that white Americans don’t fully appreciate the discrimination that black people experience.

While personally optimistic about their own lives, black Americans today offer a bleaker view about their community as a whole. They also express determination to try to limit Trump to a single term in office.

More than 8 in 10 black Americans say they believe Trump is a racist and that he has made racism a bigger problem in the country. Nine in 10 disapprove of his job performance overall.

The pessimism goes well beyond assessments of the president. A 65 percent majority of African Americans say it is a “bad time” to be a black person in America. That view is widely shared by clear majorities of black adults across income, generational and political lines. By contrast, 77 percent of black Americans say it is a “good time” to be a white person, with a wide majority saying white people don’t understand the discrimination faced by black Americans.

Courtney Tate, 40, an elementary school teacher in Irving, Tex., outside Dallas, said that since Trump was elected, he’s been having more conversations with his co-workers — discussions that are simultaneously enlightening and exhausting — about racial issues he and his students face everyday.

“As a black person, you’ve always seen all the racism, the microaggressions, but as white people they don’t understand this is how things are going for me,” said Tate, who said he is the only black male teacher in his school. “They don’t live those experiences. They don’t live in those neighborhoods. They moved out. It’s so easy to be white and oblivious in this country.”

Francine Cartwright, a 44-year-old mother of three from Moorestown, N.J., said the ascent of Trump has altered the way she thinks about the white people in her life.

“If I’m in a room with white women, I know that 50 percent of them voted for Trump and they believe in his ideas,” said Cartwright, a university researcher. “I look at them and think, ‘How do you see me? What is my humanity to you?’ ”

The president routinely talks about how a steadily growing economy and historically low unemployment have resulted in more African Americans with jobs and the lowest jobless rate for black Americans recorded. Months ago he said, “What I’ve done for African Americans in two-and-a-half years, no president has been able to do anything like it.”

But those factors have not translated positively for the president. A 77 percent majority of black Americans say Trump deserves “only some” or “hardly any” credit for the 5.5 percent unemployment rate among black adults compared with 20 percent who say Trump deserves significant credit.

In follow-up interviews, many said former president Barack Obama deserves more credit for the improvement in the unemployment rate, which declined from a high of 16.8 percent in 2010 to 7.5 percent when he left office.

Others said their personal financial situation is more a product of their own efforts than anything the president has done.

“I don’t think [Trump] has anything to do with unemployment among African Americans,” said Ethel Smith, a 72-year-old nanny who lives in Lithonia, Ga., a suburb of Atlanta. “I’ve always been a working poor person. That’s just who I am.”

Black Americans report little change in their personal financial situations in the past few years, with 19 percent saying it has been getting better and 26 percent saying it has been getting worse. Most, 54 percent, say their financial situation has stayed the same.

A similar 56 percent majority of African Americans rate the national economy as “not so good” or “poor,” contrasting with other surveys that find most Americans overall rate the economy positively, although there are sharp political divides on this question.

Beyond questions about the economy, African Americans see a range of concerns impacting the country overall as well as their own communities.

Just 16 percent of black Americans believe that most black children born in the U.S. today have “a good opportunity to achieve a comfortable standard of living.” A 75 percent majority think most white children have such an opportunity.

More than 8 in 10 say they do not trust police in the United States to treat people of all races equally, and 7 in 10 distrust police in their own community.

Black Americans also widely sense that their experiences with discrimination are underappreciated by white Americans. Just about 2 in 10 say that most white Americans understand the level of discrimination black Americans face in their lives, while nearly 8 in 10 say they do not.

The starkly negative outlook appears to be a turnabout from previous points during both the Obama and George W. Bush presidencies, according to surveys asking related questions. A 2011 Washington Post-Kaiser Family Foundation survey found 73 percent of black women said it was a “good time” to be a black woman in America, while a similar survey in 2006 found 60 percent of black men saying it was a good time to be a black man.

Yet the Post-Ipsos poll also finds that 65 percent of black Americans say they feel optimistic about their own lives most or all of the time. This positive personal outlook crosses age and political groups, and while it peaks among those who are older and with higher incomes, roughly half of black Americans with incomes under $35,000 annually say they feel optimistic about their own lives.

Dana Clark, a father of 11 children in Ontario, Calif., said he tells all of his children that it’s possible to succeed in America, but that they’ll have to work harder than the white children they encounter.

“I tell them we’re going to set this plan up. Whatever you want to do you’re going to be able to do it,” he said. “But it ain’t going to be easy, especially if [you] want to make some money because you’re going to be in a world where they’re not going to expect you to be there. You can get what you want, but you’ve got to work harder, faster and stronger.”

The survey, by The Post and Ipsos, a nonpartisan research firm, is one of the most extensive recent surveys focused on views of the country and President Trump among black Americans, who are often represented by only small samples in customary national polls. It was conducted among 1,088 non-Hispanic black adults, including 900 registered voters, drawn from a large online survey panel recruited through random sampling of U.S. households.

Few black voters responded positively to Trump’s campaign appeal for their votes. Exit polls taken during the 2016 election showed just 8 percent of African Americans supported Trump and 89 percent backed Democratic nominee Hillary Clinton, although black turnout was significantly lower than in 2008 and 2012 for the election and reelection of Obama, the country’s first black president.

In the Post-Ipsos poll, roughly three-quarters of black adults say the things that Trump is doing as president are “bad for African Americans,” while a similar majority says Obama’s actions as president were good.

Kenneth Davis, a truck driver who lives outside Detroit, said that when Trump was elected, co-workers who secretly harbored racist thoughts felt emboldened to publicly express them.

“One gentleman is waving the Confederate flag on the back of his pickup truck,” said Davis, 48, who is a Marine Corps veteran. “He was very brave to say ‘Trump’s president, I’m going to get my window (painted).’ ”

Retired federal prison warden Keith Battle said the political climate has exposed “unresolved racial issues” and that Trump has emboldened white supremacists. Battle, who lives in Wake Forest, N.C., said white supremacists “are not the majority of whites in America, but there is a significant amount still, I’d say 30 percent, and I think they’re just leading the country down a path of, eventually, chaos. They’re feeling jeopardized of losing their white privilege.”

Survey respondents were asked to say how Trump’s presidency has affected them personally or African Americans in general. The responses illuminated the data in the poll.

“Donald Trump has not done anything for the African American people,” said one person.

“He has created an atmosphere of division and overt racism and fear of immigrants unseen in many years,” said another.

A third said, “He has taken hatred against people of color, in general, from the closet to the front porch.”

Others echoed that sentiment, saying that the president has emboldened those with racially prejudiced views and therefore set back race relations for years. “I sense a separation between myself and some of my white associates,” one person wrote.

Trump’s overall approval rating among black Americans stands at 7 percent, with 90 percent disapproving, including 75 percent who disapprove “strongly.”

Similarly large majorities of black men and women disapprove of Trump, as do black Americans across different age, education and income levels. Trump receives somewhat higher marks among self-identified black conservatives, with 25 percent approving of his performance, compared with 5 percent of moderates and 3 percent among liberals.

Few black Americans appear open to supporting Trump’s bid for reelection at this point. He receives between 4 and 5 percent support among black registered voters in head-to-head matchups against eight potential Democratic nominees. But the level of Democratic support depends on who is the party’s nominee, peaking at 82 percent for former vice president Joe Biden and falling to 57 percent for former South Bend, Ind., mayor Pete Buttigieg.

The Post-Ipsos survey was conducted Jan. 2-8, 2020, through Ipsos’s KnowledgePanel, a large online survey panel recruited through random sampling of U.S. households. Overall results have a margin of sampling error of plus or minus 3.5 percentage points among the sample of 1,088 black adults overall, and four points among the sample of 900 registered voters.

Emily Guskin contributed to this report.

Cleve R. Wootson Jr. is a national political reporter for The Washington Post, covering the 2020 campaign for president. He previously worked on The Post’s General Assignment team. Before that, he was a reporter for the Charlotte Observer.

Vanessa Williams is a reporter on the National desk.

Dan Balz is chief correspondent at The Washington Post. He has served as the paper’s deputy national editor, political editor, White House correspondent and Southwest correspondent.

Scott Clement is the polling director for The Washington Post, conducting national and local polls about politics, elections and social issues. He began his career with the ABC News Polling Unit and came to The Post in 2011 after conducting surveys with the Pew Research Center’s Religion and Public Life

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

Unfortunately, it’s painfully simple. The GOP is the “21st Century Party of Jim Crow.” Those of us who believe in the 14th Amendment, equal justice, and human decency had better hang together to remove Trump and as many of his GOP toadies as possible from office in 2020.

Otherwise, we’ll all be reliving one of the worst chapters in American history. And that will be tragic for future generations of Americans of all races.

Make America REALLY great by voting Trump and his White Nationalist kakistocracy out of office on every level of our political system. There are enough of us out there in the majority to get the job done this time — if we only hang together and get out the vote everywhere!

PWS

01-17-20

🤡WELCOME TO CLOWN COURT: Where The Lives Of Millions Of Humans & The Future Of America Are Treated Like A Cruel Joke, As Complicit Article III Courts Watch This Grotesque Unconstitutional Spectacle & Parody Of Justice Unfold On Their Watch!

DEEPTI HAJELA — Deepti Hajela
Reporter
Associated Press, NY

https://apple.news/A9aA4TWFpQoSBoXVeAOv_Rg

By KATE BRUMBACK, DEEPTI HAJELA and AMY TAXIN, THE ASSOCIATED PRESS

In a locked, guarded courtroom in a compound surrounded by razor wire, Immigration Judge Jerome Rothschild waits — and stalls.

A Spanish interpreter is running late because of a flat tire. Rothschild tells the five immigrants before him that he’ll take a break before the proceedings even start. His hope: to delay just long enough so these immigrants won’t have to sit by, uncomprehendingly, as their futures are decided.

“We are, untypically, without an interpreter,” Rothschild tells a lawyer who enters the courtroom at the Stewart Detention Center after driving down from Atlanta, about 140 miles away.

In its disorder, this is, in fact, a typical day in the chaotic, crowded and confusing U.S. immigration court system of which Rothschild’s courtroom is just one small outpost.

Shrouded in secrecy, the immigration courts run by the U.S. Department of Justice have been dysfunctional for years and have only gotten worse. A surge in the arrival of asylum seekers and the Trump administration’s crackdown on the Southwest border and illegal immigration have pushed more people into deportation proceedings, swelling the court’s docket to 1 million cases.

“It is just a cumbersome, huge system, and yet administration upon administration comes in here and tries to use the system for their own purposes,” says Immigration Judge Amiena Khan in New York City, speaking in her role as vice president of the National Association of Immigration Judges.

“And in every instance, the system doesn’t change on a dime, because you can’t turn the Titanic around.”

The Associated Press visited immigration courts in 11 different cities more than two dozen times during a 10-day period in late fall. In courts from Boston to San Diego, reporters observed scores of hearings that illustrated how crushing caseloads and shifting policies have landed the courts in unprecedented turmoil:

–Chasing efficiency, immigration judges double- and triple-book hearings that can’t possibly be completed, leading to numerous cancellations. Immigrants get new court dates, but not for years.

–Young children are everywhere and sit on the floor or stand or cry in cramped courtrooms. Many immigrants don’t know how to fill out forms, get records translated or present a case.

— Frequent changes in the law and rules for how judges manage their dockets make it impossible to know what the future holds when immigrants finally have their day in court. Paper files are often misplaced, and interpreters are often missing.

In Georgia, the interpreter assigned to Rothschild’s courtroom ends up making it to work, but the hearing sputters moments later when a lawyer for a Mexican man isn’t available when Rothschild calls her to appear by phone. Rothschild is placed on hold, and a bouncy beat overlaid with synthesizers fills the room.

He moves on to other cases — a Peruvian asylum seeker, a Cuban man seeking bond — and punts the missing lawyer’s case to the afternoon session.

This time, she’s there when he calls, and apologizes for not being available earlier, explaining through a hacking cough she’s been sick.

But by now the interpreter has moved on to another courtroom, putting Rothschild in what he describes as the “uneasy position” of holding court for someone who can’t understand what’s going on.

“I hate for a guy to leave a hearing having no idea what happened,” he says, and asks the lawyer to relay the results of the proceedings to her client in Spanish.

After some discussion, the lawyer agrees to withdraw the man’s bond petition and refile once she can show he’s been here longer than the government believes, which could help his chances.

For now, the man returns to detention.

. . . .

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

Read the full article at the link. Yes, there’s lots of blame to go around: Administrations of both parties, an irresponsible Congress, several decades of underfunding and poor management.

But that doesn’t change these simple truths:

We have a scofflaw regime that glories in committing “crimes against humanity” directed at migrants;
We have a feckless Congress that won’t legislate responsibly as long as “Moscow Mitch” McConnell and his Trump-toady GOP control the Senate;
The only branch of Government that could put a stop to this unconstitutional and unconscionable mess is the Article III Federal Judiciary;
And, this highly privileged group of jurists, the only public officials I’m aware of with the “protective insulation” of life tenure, has stood by and watched their fellow humans being “thrown to the lions” in this disgraceful display of unconstitutional injustice.

Do your duty Article IIIs and put an end to the EOIR Clown Show! History is recording your failures to act, every day!

Due Process Forever; Clown Courts 🤡 and Their Complicit Enablers, Never!

PWS

01-17-20

BAD NEWS FOR TEX. GOV. “GREG THE BIGOT” ABBOTT: U.S. District Judge Blocks Trump’s Illegal Anti-Refugee Order — But, Will Often Complicit Appellate Courts Uphold The Rule Of Law Or “Toady Up” To The Trump Regime’s White Nationalist Agenda?

Michelle Hackman
Immigration Reporter
Wall Street Journal

https://www.wsj.com/articles/federal-judge-blocks-trump-executive-order-on-refugees-11579108138?emailToken=575893ec6fe4b185f88708c59e175ef6CwUCcHqk/fEL6ReRFZZtuTxDwMXs7aS/qFBj8SMDh/g7NCEloF0znbPD48wkR6yiC0BZsPXe7V5mlXkbIptEUFTrxSHC0xOnxMYTwzWXscuGXaA/C7v5DN5I0vAE+Hef&reflink=article_email_share

Brent Kendall and Michelle Hackman report for the WSJ:

A federal judge in Maryland blocked President Trump’s executive order giving state and local governments the ability to say no to having refugees placed in their communities.

U.S. District Judge Peter J. Messitte issued a preliminary injunction Wednesday that barred the administration from implementing the president’s order. He said refugee-resettlement organizations that sued to challenge the policy “are clearly likely to succeed in showing, that, by giving states and local governments veto power over the resettlement of refugees within their borders, the order is unlawful.”

Giving states the power to determine whether refugees will be received “flies in the face of clear congressional intent,” Judge Messitte, a Clinton appointee, said in the opinion.

. . . .

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

Those with WSJ access can read the complete article at the above link.

This “victory” might be little more than symbolic for refugee advocates. In an unprecedented action, the Trump Administration has slowed the flow of legal refugees to a trickle and could simply use the “bureaucratic veto” to prevent any more from coming, as they have gotten away with in other areas.

Certainly, this should give lie to the Trump Administration’s inevitable argument to Federal Appeals Courts that this is an “emergency” requiring them to intervene prior to the completion of District Court proceedings. But, up until now, neither law nor reality has been much of a factor when it comes to the Supremes, and sometimes the Circuits, going “belly up” and allowing the regime to run roughshod over human lives and the rule of law in the immigration and refugee areas.

Chief Justice Roberts wonders why the judiciary is treated with contempt by the regime and is losing respect from the large majority of the legal community not subservient to Trump. The answer is all too often pretty obvious.

Per MKL, Jr.: “Injustice anywhere is a threat to justice everywhere.” It’s an important message that all too many Federal Judges and other (supposedly responsible) public officials seem to have forgotten in the “Age of Trump” and his corrupt and overtly White Nationalist regime.

PWS

01-15-20

WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!

yhttps://www.washingtonpost.com/world/the_americas/the-us-is-putting-asylum-seekers-on-planes-to-guatemala–often-without-telling-them-where-theyre-going/2020/01/13/0f89a93a-3576-11ea-a1ff-c48c1d59a4a1_story.html

Kevin Sieff reports from Guatemala for WashPost:

By

Kevin Sieff

Jan. 14, 2020 at 4:21 p.m. EST

GUATEMALA CITY — The chartered U.S. government flights land here every day or two, depositing Honduran and Salvadoran asylum seekers from the U.S. border. Many arrive with the same question: “Where are we?”

For the first time ever, the United States is shipping asylum seekers who arrive at its border to a “safe third country” to seek refuge there. The Trump administration hopes the program will serve as a model for others in the region.

But during its first weeks, asylum seekers and human rights advocates say, migrants have been put on planes without being told where they were headed, and left here without being given basic instruction about what to do next.

When the migrants land in Guatemala City, they receive little information about what it means to apply for asylum in one of the hemisphere’s poorest countries. Those who don’t immediately apply are told that they must leave the country in 72 hours. The form is labeled “Voluntary Return.”

“In the U.S., the agents told us our cases would be transferred, but they didn’t say where. Then they lined us up to get on the plane,” said a woman named Marta, 43, from Honduras. She sat in a migrant shelter here with her 17-year-old son, who nursed a gunshot wound in his left cheek — the work, both say, of a Honduran faction of the MS-13 gang.

“When we looked out the window, we were here,” she said. “We thought, ‘Where are we? What are we supposed to do now?’ ”

After the volcano, indigenous Guatemalans search for safer ground — in Guatemala, or the United States

Human rights organizations in Guatemala say they have recorded dozens of cases of asylum seekers who were misled by U.S. officials into boarding flights, and who were not informed of their asylum rights upon arrival. Of the 143 Hondurans and Salvadorans sent to Guatemala since the program began last month, only five have applied for asylum, according to the country’s migration agency.

“Safe third country” is one of the Trump administration’s most dramatic initiatives to curb migration — an effort to remake the U.S. asylum system. President Trump has called it “terrific for [Guatemala] and terrific for us.”

But an Asylum Cooperation Agreement is bringing migrants to a country that is unable to provide economic and physical security for its own citizens — many of whom are themselves trying to migrate. In fiscal 2019, Guatemala was the largest source of migrants detained at the U.S. border, at more than 264,000. The country has only a skeletal asylum program, with fewer than a dozen asylum officers.

Trump wants border-bound asylum seekers to find refuge in Guatemala instead. Guatemala isn’t ready.

As the deal was negotiated, it drew concerns from the United Nations and human rights organizations. But its implementation, advocates say, has been worse than they feared.

“It’s a total disaster,” said Thelma Shau, who has observed the arrival of asylum seekers at La Aurora International Airport in her role overseeing migration issues for Guatemala’s human rights ombudsman.

“They arrive here without being told that Guatemala is their destination,” she said. “They are asked, ‘Do you want refuge here or do you want to leave?’ And they have literally minutes to decide without knowing anything about what that means.”

President Trump and first lady Melania Trump meet in the Oval Office last month with then-President Jimmy Morales of Guatemala. (Jabin Botsford/The Washington Post)

The Guatemalan government says that it explains asylum options and that migrants are simply choosing to leave voluntarily.

“Central American people are given comprehensive attention when they arrive in the country, and respect for their human rights is a priority,” said Alejandra Mena, a spokeswoman for Guatemala’s migration agency. “The information provided is complete for them to make a decision.”

In Guatemala, lenders that were supported by USAID and the World Bank are now funding illegal migration.

The Department of Homeland Security did not respond to requests for comment. The United States has signed similar “safe third country” agreements with El Salvador and Honduras, but they have not yet been implemented. In recent days, Trump administration officials have said they are considering sending Mexican asylum seekers to Guatemala to seek refuge.

Human rights groups in Guatemala that have observed the process say migrants here are not given key information about their options — such as what asylum in Guatemala entails and where they would stay while their claims are being processed. Many migrants are aware that Guatemala suffers from the same gang violence and extortion that forced them from their home countries.

Migrants from Guatemala disembark from a raft in Ciudad Hidalgo, Mexico, in June. (Rebecca Blackwell/Associated Press)

Paula Arana observed the orientation as child protection liaison for the human rights ombudsman.

“It’s clear that the government is not providing enough information for asylum seekers to make a decision, especially in the three minutes they are given,” she said. “Instead, they are being pushed out of the country.”

The United States had suggested that it would begin implementing the agreement by sending single men to Guatemala. But less than a month after it began, families with young children are arriving on the charter flights. Last week, Arana said, a 2-year-old arrived with flulike symptoms.

On Thursday, a man named Jorge, 35, his wife and two daughters, ages 11 and 15, landed here. A day later, they were clustered together at the Casa del Migrante, a shelter in Guatemala City where government officials took them in a bus. They had been given the papers with 72 hours’ notice to leave Guatemala, and couldn’t figure out what to do.

The family had fled multiple threats from gangs in Honduras, which started with an interpersonal dispute between Jorge’s wife and one of the gang’s leaders. Jorge was certain that going back would mean certain death. Like Marta, Jorge did not want his last name to be published out of fear for his family’s safety.

“We’re thinking about our options. We know we can’t stay here. What would I do? Where would we stay?” he said. “Maybe we need to try to cross to the United States again.”

In western Guatemala, cultivating coffee was once a way out of poverty. As prices fall, growers are abandoning their farms for the United States.

The Office of the U.N. High Commissioner for Refugees is not participating in the program. But officials say they’re aware of problems with its implementation.

“UNHCR has a number of concerns regarding the Asylum Cooperation Agreement and its implementation,” said Sibylla Brodzinsky, UNHCR’s regional spokeswoman for Central America and Mexico. “We have expressed these concerns to the relevant U.S. and Guatemalan authorities.”

Human rights advocates who have interviewed the asylum seekers, known locally as “transferidos,” say many have decided that their best option is to migrate again to the United States. Smugglers often offer their customers three chances to make it across the border.

Migrants at the Casa del Migrante described spending a week in Immigration and Customs Enforcement custody in the United States, where they had intended to make their asylum claims. Many carried binders full of evidence they assumed would bolster their cases. On her phone, Marta saved avideo of her son being tortured by MS-13 gang members.

But in their brief conversations with U.S. immigration officials, they were told they would not be given a chance to apply for asylum in the United States.

“We had all this information to show them,” Marta said, leafing through photos of her son’s scars and Honduran court documents. “They said, ‘That’s not going to help you here.’ ”

This school aims to keep young Guatemalans from migrating. They don’t know it’s funded by the U.S. government.

In interviews with The Washington Post, some migrants said they were told vaguely that their cases were being “transferred.” Others were told they were going to be returned to their countries of origin.

“One agent told me, ‘You’re going back to Honduras,’ ” Marta said. But then they arrived in Guatemala City.

“When we looked out the window, we just assumed it was a stop,” her son said.

Marta thought Guatemala might be even more dangerous. They had no connection to the country and nowhere to stay beyond their first few days. When she left the migrant shelter to buy food Friday morning, she said, she stumbled upon a crime scene with a dead body a few blocks away.

During their nine-day detention at an ICE facility in Texas, she said, the family shared a cell with a Guatemalan family that was fleeing violence perpetrated by a different MS-13 group based here.

Agronomy students, some hooded, block a street outside a Guatemala City hotel before lawmakers voted on the deal that made Guatemala a “safe third country” for migrants seeking asylum in the United States. (Oliver De Ros/Associated Press)

“Why would they send us to a country where the same gangs are operating?” she asked.

In the absence of a thorough explanation of their asylum rights in Guatemala, El Refugio de la Niñez is offering a short tutorial to the asylum seekers. So far, 45 have attended.

“The Guatemalan government is completely absent in this whole process,” said Leonel Dubon, the director of the U.N.-funded center. “It sends a clear message. The government isn’t here to offer shelter, it’s here to push people out as quickly as possible.”

The Trump administration negotiated the “safe third country” agreement last year with lame-duck Guatemalan President Jimmy Morales.

As Guatemala pursues war criminals, a dark secret emerges: Some suspects are living quiet lives in the U.S.

Guatemala’s constitutional court initially blocked the deal. Then Trump threatened tariffs on the country and taxes on remittances sent home by Guatemalans living in the United States. It was eventually signed in July.

The new Guatemalan president, Alejandro Giammattei, was sworn in Tuesday. He has raised concerns about the agreement, saying he hadn’t been briefed on its details.

At the signing ceremony, Trump said it would “provide safety for legitimate asylum seekers, and stop asylum fraud and abuses [of the] system.”

U.S. asylum officers do not vet the cases of migrants before they are sent to Guatemala.

In her brief conversations with U.S. immigration agents, Marta tried to get them to look at her binder full of documents and photos.

“They weren’t interested,” she said. “They just kept saying that your case will be transferred to an institution that can handle it.”

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

Kevin writes about a tragically absurd situation that seems to have fallen “below the radar screen” of public outrage or even discourse. This is wrong! Most days I can’t believe that the county that I proudly served for more than 35 years is engaging in this type of abusive behavior that would be below the level of even some Third World dictatorships.

And, it isn’t just “occasional abuse” — it’s systemized, institutionalized abuse and dehumanization on a global and regular basis — all approved or de facto enabled by feckless and spineless Federal Appellate Courts, all the way up to the Supremes! These are folks who should know better and really have no other meaningful function in our “separation of powers” system other than to protect our individual rights. Authoritarian governments and dictators hardly need “courts” to enforce their will, even if some find it useful to “go through the motions” of creating and employing complicit “judges.” As one of my Round Table colleagues succinctly put it “there appears to be no bottom!”

Clearly, the “Safe Third Country” exception was never intended by Congress, nor does the statutory language permit it, to be used to “orbit” asylum applicants to some of the most dangerous refugee sending countries in the world with thoroughly corrupt governments and non-existent asylum systems. So, why does the Trump regime have confidence that it can and will get away with these atrocities? Because they believe, correctly so far, that the Article III Federal Courts, many of them now stacked with Trump’s hand-selected “toady judges,” are afraid to stand up to tyranny and protect the rights of desperate, mostly brown-skinned, asylum seekers.

Obviously, from an institutional standpoint, the Article III Courts are saying:

“Who cares what happens to a bunch of brown-skinned foreigners. Let ‘em die, rot, or be tortured. Human rights, due process, and human dignity simply don’t matter when they don’t affect us personally, financially, or socially. That’s particularly true because the results of our abuses are taking place, thankfully, in foreign nations: out of sight, out of mind. Not our problem.”

Apparently, many Americans agree with this immoral and illegal approach. Otherwise, the “black robed, life tenured ones” would be pariahs in their communities, churches, and social interactions. They wouldn’t be offered those cushy teaching positions at law schools or a chance to expound before public audiences.

But, not speaking out against bad judges and not insisting on integrity and courage in the Article III courts could ultimately prove fatal for all of our individual rights. Judges who use their privileged positions to turn a blind eye to the oppression of others, particularly the most vulnerable humans among us, and the catastrophic failure of the rule of law and Due Process in the U.S. immigration system can hardly be expected to stand up for the individual rights of any of us against Government oppression.

After all, why should an exulted Federal Appellate Judge or a Supreme Court Justice care about what happens to you, unless your blood is about to spatter his or her pristine black robe? Many of those supportive of or complicit in Trump’s tyranny will personally experience the costs of a feckless Federal Judiciary when their “turn in the barrel” comes. And, the Trump regime’s list of those who’s “lives and rights don’t matter” is very, very long and continually expanding.

All I can say now is that some day, the full truth about what happens to those unlawfully and immorally turned away at our borders will “out.” Then, many Articles III judges will try to disingenuously protect their reputations by saying, similar to many judges of the Third Reich, “Gee, who knew,” or “I was powerless,” or “It was a political problem beyond our limited jurisdiction.”

My charge to the New Due Process Army: Don’t let the complicit judges get away with it in the “Court of History.” You see, know, and experience first-hand every day the results of Article III judicial complicity. Don’t ever forget what those judges have done and continue to do to human lives from their protected and “willfully clueless” ivory towers! Ultimately, you aren’t as powerless as the “complicit ones” think you are!

Due Process Forever; Feckless, Complicit, Immoral Federal Judges Never!

PWS

01-14-20

HISTORICAL PERSPECTIVE: CLYDE W. FORD @ LA TIMES: “Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’”

https://www.latimes.com/opinion/story/2020-01-07/great-race-passing-trump

Ford writes:

OPINION

Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’

By CLYDE W. FORD

JAN. 7, 2020

3:01 AM

The images horrify.

On the banks of the Rio Grande, a child floats lifelessly, her arm around her father, both drowned while trying to cross from Mexico into the United States. Refugees crossing the Mediterranean from Africa into Europe regularly drown. A Honduran mother dragging children flees from tear gas at the U.S. border. Children in cages.

The policies terrify. A border wall. Family separation. The purgatory of waiting for asylum in a third country.

In December, the Washington Post reported that U.S. Immigration and Customs Enforcement wants to use migrant children in detention as bait. Adults who show up to claim them would be targeted for arrest and deportation.

The words incite fear. “Bad hombres.” “Rapists.” “Criminals.” “Shithole countries.” When uttered by a U.S. president, they carry even greater weight.

Britain, Poland, Italy, the United States. Around the world, countries once proud of welcoming immigrants seem determined to find ever more devious ways to keep them out. Are these signs of a newly ascendant nationalism? Or the last gasps of existential fear?

The worldwide immigration crisis — and the racism apparently driving it — can trace its roots in part to a century-old book, Madison Grant’s “The Passing of the Great Race.”

In publishing a centenary edition of the 1916 work, white nationalist Ostara Press praised the book as a “call to American whites to counter the dangers both from non-white and non-north Western European immigration.” Grant proposed a “Nordic race,” loosely centered in Scandinavia, as principally responsible for human social and cultural development. He feared immigration and intermarriage would dilute this race, dooming it to extinction.

Grant’s fears of his “great race” passing are very much alive today.

The Southern Poverty Law Center’s ongoing study of emails sent by Stephen Miller to Breitbart News in the lead-up to the 2016 presidential election document his affinity for white nationalism. Miller, an architect of the Trump administration’s immigration policies, lauds former President Calvin Coolidge for signing the Immigration Act of 1924, which hardened non-white immigration and eased white immigration from Western Europe. It also established the U.S. Border Patrol, the predecessor of Customs and Border Protection and ICE.

Grant’s writing is credited as part of the inspiration for the creation and passage of that 1924 Act. Hitler called Grant’s book, “my bible.” Grant’s ideas defined apartheid. His book fueled the U.S. eugenics movement.

Eugenics is a pseudoscience of race that seeks to breed and maintain a “Nordic stock” of human beings, while culling undesirables — blacks, Jews, Asians, South Americans, homosexuals, the physically and mentally ill, and others — through measures ranging from forced sterilization to death.

In Grant’s day, eugenics attracted the rich and famous — Carnegies, Rockefellers, and the Kelloggs of Corn Flakes fame. Eugenicist Margaret Sanger, founder of Planned Parenthood, saw birth control work as eliminating “human weeds” and Alexander Graham Bell presided over the scientific directors of the Eugenics Records Office, a research institute in Cold Spring Harbor, N.Y.

Eugenics is very much in vogue among white nationalists and far-right groups worldwide, though refashioned now into broader conspiracies like “replacement theory,” which originated in France with the writings of Renaud Camus and proposes that U.S. and European whites are being intentionally “replaced” through low birth rates and liberal immigration policies.

“We can’t restore our civilization with somebody else’s babies,” tweeted U.S. Rep. Steve King (R-Iowa) in 2017. A gunman in Norway who murdered 80 people in 2011 portrayed the act as a defense of the Nordic race from the scourge of Islamic immigration. Similar “replacement theory” fears influenced mass shooters in Christchurch, Pittsburgh, El Paso and Charleston.

Surprisingly, Grant was as an early conservationist who saw in the fate of endangered species — the moose, the buffalo, the redwood tree — a similar fate awaiting his “Nordics.” He helped establish the U.S. National Park system. Modern-day environmental and climate movements have roots in Grant’s work, leading to a convoluted, bizarre specter:

The U.S. and European countries that Grant lauded manufacture the “greenhouse gases” threatening the environment that Grant sought to protect. Meanwhile, the climate crisis produces refugees from countries that Grant abhorred, seeking shelter in countries with draconian immigration policies that Grant helped to create.

Yet Grant was right. His “great race” is passing. Studies cite 2050 as the tipping point, when U.S. whites will become a statistical minority, and most Americans will be people of color. Whether crafted in overtly racist language or couched in covertly racist immigration policies, fear of the “great race” passing is used to win elections, cling to power, manipulate public opinion and grow organizational membership.

Immigrants built America. This new wave is no different. They are the face of the future, deserving new lives in a country that helps them succeed.

Yes, the “great race” is passing. Good riddance. And we should turn to finding ways to help everyone accept this inevitability — and thrive from it.

Clyde W. Ford is the author of “Think Black,” a memoir about his father, the first black software engineer in America.

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

Like those who were behind or “went along to go along” with horrible parts of our history like Dred Scott, Plessy v. Ferguson, the Chinese Exclusion Laws, or Jim Crow, Trump’s supporters and enablers eventually will have much to answer for in the “court of history.”

“Fake news.” “alternative facts,” false narratives, and internet myths might be gospel to Breitbart, Fox News, GOP sycophants, and Trump voters, but eventually, particularly in an age of information and documentation, “truth will out.” And, it won’t be pretty for the “Modern Day Jim Crows” any more than it was for the segregationists and other racists who preceded them.

PWS

01-10-20

FRANK RICH @ NY MAGGIE: TRUMP TOADIES WILL FACE A RECKONING — “With time, the ultimate fates of those brutalized immigrant and refugee families will emerge in full. And Trump’s collaborators, our Vichy Republicans, will own all of it . . . .”

http://nymag.com/intelligencer/2020/01/what-will-happen-to-trumps-republican-collaborators.html

What Will Happen to The Trump Toadies? Look to Nixon’s defenders, and the Vichy collaborators, for clues.

By Frank Rich

@frankrichny

Photo: Getty Images

This article was featured in One Great Story, New York’s reading recommendation newsletter. Sign up here to get it nightly.

Irony, declared dead after 9/11, is alive and kicking in Trump’s America. It’s the concepts of truth and shame that are on life support. The definition of “facts” has been so thoroughly vandalized that Americans can no longer agree on what one is, and our president has barreled through so many crimes and misdemeanors with so few consequences that it’s impossible to gainsay his claim that he could shoot someone on Fifth Avenue and get away with it. Donald Trump proves daily that there is no longer any penalty for doing wrong as long as you deny everything, never say you’re sorry, and have co-conspirators stashed in powerful places to put the fix in.

No wonder so many fear that Trump will escape his current predicament scot-free, with a foregone acquittal at his impeachment trial in the GOP-controlled Senate and a pull-from-behind victory in November, buoyed by a booming economy, fractious Democrats, and a stacked Electoral College. The enablers and apologists who have facilitated his triumph over the rule of law happily agree. John Kennedy, the Louisiana senator who parrots Vladimir Putin’s talking points in his supine defense of Trump, acts as if there will never be a reckoning. While he has no relation to the president whose name he incongruously bears, his every craven statement bespeaks a confidence that history will count him among the knights of the buffet table in the gilded Mar-a-Lago renovation of Camelot. He is far from alone.

If we can extricate ourselves even briefly from our fatalistic fog, however, we might give some credence to a wider view. For all the damage inflicted since Inauguration Day 2017, America is still standing, a majority of Americans disapprove of Trump, and the laws of gravity, if not those of the nation, remain in full force. Moral gravity may well reassert its pull, too, with time. Rather than being the end of American history as we know it, the Trump presidency may prove merely a notorious chapter in that history. Heedless lapdogs like Kennedy, Devin Nunes, and Lindsey Graham are acting now as if there is no tomorrow, but tomorrow will come eventually, whatever happens in the near future, and Judgment Day could arrive sooner than they think. That judgment will be rendered by an ever-more demographically diverse America unlikely to be magnanimous toward cynical politicians who prioritized pandering to Trump’s dwindling all-white base over the common good.

All cults come to an end, often abruptly, and Trump’s Republican Party is nothing if not a cult. While cult leaders are generally incapable of remorse — whether they be totalitarian rulers, sexual Svengalis, or the self-declared messiahs of crackpot religions — their followers almost always pay a human and reputational price once the leader is toppled. We don’t know how and when Donald Trump will exit, but under any scenario it won’t be later than January 20, 2025. Even were he to be gone tomorrow, the legacy of his most powerful and servile collaborators is already indelibly bound to his.

Whether these enablers joined his administration in earnest, or aided and abetted it from elite perches in politics, Congress, the media, or the private sector, they will be remembered for cheering on a leader whose record in government (thus far) includes splitting up immigrant families and incarcerating their children in cages; encouraging a spike in racist, xenophobic, and anti-Semitic vigilantes; leveraging American power to promote ethnic cleansing abroad and punish political opponents at home; actively inciting climate change and environmental wreckage; and surrendering America’s national security to an international rogue’s gallery of despots.

That selective short list doesn’t take into account any new White House felonies still to come, any future repercussions here and abroad of Trump’s actions to date, or any previous foul deeds that have so far eluded public exposure. For all the technological quickening of the media pulse in this century, Trump’s collaborators will one day be viewed through the long lens of history like Nixon’s collaborators before them and the various fools, opportunists, and cowards who tried to appease Hitler in America, England, and France before that. Once Trump has vacated the Oval Office, and possibly for decades thereafter, his government, like any other deposed strongman’s, will be subjected to a forensic colonoscopy to root out buried crimes, whether against humanity or the rule of law or both. With time, everything will come out — it always does. With time, the ultimate fates of those brutalized immigrant and refugee families will emerge in full. And Trump’s collaborators, our Vichy Republicans, will own all of it — whether they were active participants in the wrongdoing like Jared Kushner, Stephen Miller, Kirstjen Nielsen, Mike Pompeo, and William Barr, or the so-called adults in the room who stood idly by rather than sound public alarms for the good of the Republic (e.g., Gary Cohn, John Kelly, Rex Tillerson), or those elite allies beyond the White House gates who pretended not to notice administration criminality and moral atrocities in exchange for favors like tax cuts and judicial appointments (from Mitch McConnell and Paul Ryan to Franklin Graham and Jerry Falwell Jr.).

. . . .

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

Read the rest of Rich’s article at the link.

“Tomorrow will come, eventually.” Yup!

Just yesterday, the usually reliable “Trump Toadies” Sen. Mike Lee (R-UT) and Rand Paul (R-KY) were whining and sputtering upon learning what toadyism really means after being “treated like Democrats” during an insulting and clownish “after the fact briefing” on Iran. https://www.cnn.com/2020/01/09/politics/impeachment-watch-january-8/index.html .

But, that moment of lucidity and outrage will pass quickly, and they will undoubtedly rejoin their colleagues like Sen. Marco Rubio (R-FL), Sen. Teddy Cruz (R-TX), Sen. John “Vladimir” Kennedy (R-LA), Lindsey “Braindead” Graham (R-SC), and the rest of the “Party of Putin” in groveling before their Clown-in-Chief.

I would include the Article III judges who tanked in the face of tyranny and failed to protect the legal and human rights of the most vulnerable in the list of those whose misdeeds, spinelessness, and complicity in the face of tyranny eventually will be “outed.”

PWS

01-09-20

NEW FROM CMS: Accessible Citizenship Is A Huge Win – Win For The U.S. & The Citizens — Trump Regime Works Overtime To Create A Lose – Lose!

Donald M. Kerwin
Executive Director
Center for Migration Studies

Robert Warren
Senior Visiting Fellow
Center For Migration Studies

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The Center for Migration Studies Releases New Report on the Benefits of Citizenship and the Barriers to Naturalization

The well-being and contributions of immigrants increase as they advance toward citizenship, but new impediments to permanent residence and naturalization deny access to citizenship.

New York, NY — The Center for Migration Studies of New York (CMS) today released a report finding that the well-being of immigrants and their contributions to the United States increase as they advance to more permanent and secure immigration statuses, culminating in naturalization. The report finds that naturalized citizens match or exceed the native-born by key metrics, including: college degrees (35% vs. 29%); percent employed (96% vs. 95%); and average personal income ($45,600 vs. $40,600).

The report – authored by CMS Executive Director Donald Kerwin and CMS Senior Visiting Fellow Robert Warren – argues that the administration’s “America first” ideology obscures a far-reaching set of policies that significantly impede the ability of immigrants to “move forward” on the path to naturalization, to their own detriment and the detriment of their families and communities.

“The report finds that policy makers should encourage naturalization rather than making it unnecessarily difficult,” said Warren. “Another important finding is that the US legal immigration system currently produces the same percentage of high skilled workers as the native-born population.”

The report documents the Trump administration’s policies that seek to prevent undocumented persons from gaining status, divest documented persons of status, cut legal admissions and immigration by decree, create new barriers to permanent residence and naturalization, and make citizenship a less valuable and less secure status.

It finds that at least 5.2 million current US citizens – 4.5 million children and 730,000 adults – who are living with at least one undocumented parent, obtained US citizenship by birth. It concludes that current immigration enforcement priorities effectively deny the full rights and benefits of citizenship to the US citizen children of undocumented parents, and it warns that eliminating birthright citizenship for the children of undocumented parents would create a permanent underclass of US-born denizens.

“US citizenship represents the principle marker of full membership and equality under the law in our constitutional democracy,” said Kerwin. “Yet this administration has adopted policies to make naturalization far less accessible and to make citizenship a less secure and valuable status for some disfavored citizens.”

The report is now available at: https://cmsny.org/publications/citizenship-kerwin-warren/

MEDIA CONTACT

Emma Winters

(212) 337-3080 x. 7012

ewinters@cmsny.org

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

Making losers out of everyone is a specialty of the Trump Regime’s “myth-based” White Nationalist agenda. “Malicious incompetence” in action!

PWS

12-13-19

Category: Obama Administration

THE DOJ’S NEW TITLE UNDER BILLY BARR: “HOOKERS FOR TRUMP” – “Why Bill Barr’s DOJ replaced Catholic Charities with Hookers for Jesus” – Why “There has never been a better time to be a Hooker for Jesus.”

FEDERAL JUDGE AGAIN FAULTS DHS DETAINER PROGRAM

Due Process Forever!

My speech is entitled: “Due Process Doesn’t Live Here Any More: Weaponized Immigration Courts Are America’s Star Chambers”

THE ROLE OF JUDGES TO “SAY WHAT THE LAW IS”: JUDICIAL OVERSIGHT OF IMMIGRATION ADJUDICATION

By Tess Hellgren, Staff Attorney and Justice Catalyst Legal Fellow

Due Process Forever!

INSIDE TRUMP’S “NEW AMERICAN GULAG” — This Fox Is Licking Her Lips, Getting Ready To Devour Hens As Regime Pokes Congress In The Eyes With Sharp Sticks!

BUSY KNIGHTS & KNIGHTESSES: The Round Table Speaks Out Again For Due Process & Judicial Independence On The Eve Of House Subcommittee Hearing

Due Process Forever!

COLBY KING @ WASHPOST: “The values preached by Martin Luther King Jr. need rediscovering in 2020” — “Knowing right from wrong; honesty; justice. Basic values preached by Martin Luther King Jr. still need rediscovering in 2020.”

NY TIMES BLASTED FOR GIVING FORUM TO WHITE NATIONALIST PROPAGANDA FROM CIS SHILL! — “The organization has gained credibility by writing pseudo-science ‘research’ papers that are little more than racist ideology dressed up in scholarly language.”

83% OF AFRICAN AMERICANS SAY TRUMP IS A RACIST: What Planet Has The Other 17% Been Living On? — “He has taken hatred against people of color, in general, from the closet to the front porch.”

🤡WELCOME TO CLOWN COURT: Where The Lives Of Millions Of Humans & The Future Of America Are Treated Like A Cruel Joke, As Complicit Article III Courts Watch This Grotesque Unconstitutional Spectacle & Parody Of Justice Unfold On Their Watch!

Do your duty Article IIIs and put an end to the EOIR Clown Show! History is recording your failures to act, every day!

Due Process Forever; Clown Courts 🤡 and Their Complicit Enablers, Never!

BAD NEWS FOR TEX. GOV. “GREG THE BIGOT” ABBOTT: U.S. District Judge Blocks Trump’s Illegal Anti-Refugee Order — But, Will Often Complicit Appellate Courts Uphold The Rule Of Law Or “Toady Up” To The Trump Regime’s White Nationalist Agenda?

FRANK RICH @ NY MAGGIE: TRUMP TOADIES WILL FACE A RECKONING — “With time, the ultimate fates of those brutalized immigrant and refugee families will emerge in full. And Trump’s collaborators, our Vichy Republicans, will own all of it . . . .”

NEW FROM CMS: Accessible Citizenship Is A Huge Win – Win For The U.S. & The Citizens — Trump Regime Works Overtime To Create A Lose – Lose!

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Due Process Forever!

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My speech is entitled: “Due Process Doesn’t Live Here Any More: Weaponized Immigration Courts Are America’s Star Chambers”

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THE ROLE OF JUDGES TO “SAY WHAT THE LAW IS”: JUDICIAL OVERSIGHT OF IMMIGRATION ADJUDICATION

By Tess Hellgren, Staff Attorney and Justice Catalyst Legal Fellow

Due Process Forever!

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Due Process Forever; Clown Courts 🤡 and Their Complicit Enablers, Never!

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Due Process Forever; Feckless, Complicit, Immoral Federal Judges Never!

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Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’

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