HON. JEFFREY CHASE: Matter of W-Y-C- & H-O-B- & The Unresolved Tension In Asylum Adjudication! – Plus My Added Commentary On EOIR Training!

https://www.jeffreyschase.com/blog/2018/2/4/the-proper-role-of-immigration-judges-as-asylum-adjudicators

The Proper Role of Immigration Judges as Asylum Adjudicators

I would like to expand on the topic raised in my response to the BIA’s recent precedent decision in Matter of W-Y-C- & H-O-B-.  In the U.S. system, what tensions exist between an immigration judge’s role as an independent judge within an adversarial system, and his or her overlapping role as an adjudicator of asylum claims?

As we all know, the 1980 Refugee Act was enacted to put the U.S. in compliance with the 1951 Convention on the Status of Refugees (to which the U.S. acceded through the 1967 Protocol).  For that reason, numerous courts through the years have found the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status to provide “significant guidance in construing the Protocol” and a useful instrument “in giving content to the obligations the Protocol establishes,” as the U.S. Supreme Court stated in INS v. Cardoza-Fonseca.  The BIA has referenced the UNHCR Handbook in at least ten precedent decisions, as have numerous circuit courts.

Paragraphs 66 and 67 of the Handbook state the following:

66. In order to be considered a refugee, a person must show well-founded fear of persecution for one of the reasons stated above. It is immaterial whether the persecution arises from any single one of these reasons or from a combination of two or more of them. Often the applicant himself may not be aware of the reasons for the persecution feared. It is not, however, his duty to analyze his case to such an extent as to identify the reasons in detail.

67. It is for the examiner, when investigating the facts of the case, to ascertain the reason or reasons for the persecution feared and to decide whether the definition in the 1951 Convention is met with in this respect… (emphasis added.)

Not surprisingly, this approach is employed by the USCIS Asylum Office.  Created in the implementation of the 1990 asylum regulations, the office’s first director, Gregg Beyer, previously worked for UNHCR for more than 12 years.  The Asylum Officer Basic Training Manual (“AOBTM”) on the topic of nexus states that although the applicant bears the burden of proving nexus, the asylum officer has an affirmative duty to elicit all relevant information, and “should fully explore the motivations of any persecutor involved in the case.”  The AOBTC therefore directs the asylum officer to “make reasonable inferences, keeping in mind the difficulty, in many cases, of establishing with precision a persecutor’s motives.”

The AOBTC also cites the 1988 BIA precedent decision in Matter of Fuentes.1  In that case, the Board held that “an applicant does not bear the unreasonable burden of establishing the exact motivation of a ‘persecutor’ where different reasons for actions are possible.  However, an applicant does bear the burden of establishing facts on which a reasonable person would fear that the danger arises on account of” a protected ground.

In Canada, the Immigration and Refugee Board takes the view that “it is for the Refugee Division to determine the ground, if any, applicable to the claimant’s fear of persecution.”  The U.S. is unusual, if not unique, among western nations in not also delegating this responsibility to immigration judges. Also, note that the IRB references the “Refugee Division;” like many countries, Canada’s equivalent of immigration courts is divided into immigration and refugee divisions, in recognition of the special obligations and knowledge that asylum determinations require.  The U.S. immigration court system does not have a separate refugee determination division; asylum claims are heard by the same judges and under the same conditions as all other types of immigration cases.  Furthermore, as noted above, U.S. immigration judges hear cases in an adversarial setting, in which judges assume a passive, neutral role.

The role of asylum adjudicator carries responsibilities that are at odds with the the role of neutral arbiter.  Asylum adjudicators are required to share the burden of documenting the asylum claim; the UNHCR Handbook at para. 196 states that “in some cases, it may be for the examiner to use all of the means at his disposal to produce the necessary evidence in support of the application.”2  And, as discussed above, once the facts are ascertained, it is the adjudicator who should identify the reasons for the feared persecution and determine if such reasons bear a nexus to a protected ground.

During the Department of Justice’s asylum reform discussions in the early 1990s, Gregg Beyer stated that the idea of separate asylum judges was considered, but ultimately rejected.  To my knowledge, EOIR has never conducted an in-depth analysis of the conflicts between the judge’s responsibilities as an asylum adjudicator and his or her role as a neutral arbiter in adversarial proceedings.  I discussed the Board’s incorrect holding in Matter of W-Y-C- & H-O-B- under which genuine refugees may be ordered returned to countries where they will face persecution because the asylum applicants lacked the sophistication to properly delineate a particular social group, a complex legal exercise that many immigration attorneys (and immigration judges) are unable to do.  The problem also extends to other protected grounds.  Would an unrepresented asylum applicant (who might be a child) understand what an imputed political opinion is?  Would most asylum applicants be able to explain that actions viewed as resisting the authority of a third-generation gang such as MS-13 might constitute a political opinion?  Regulations should be enacted making it the responsibility of immigration judges to consider these questions.  Additionally, immigration judges, BIA Board Members and staff attorneys should be required to undergo specialized training to enable them to identify and properly analyze these issues.

Notes:

1. 19 I&N Dec. 658 (BIA 1988).

2. See also the BIA’s precedent decision in Matter of S-M-J-, 21 I&N Dec. 722 (BIA 1997), which I have referenced in other articles.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

 

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

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Jeffrey points out the pressing need for better “specialized training” in asylum adjudication for Immigration Judges at both the BIA and Immigration Court levels. Sadly, however, DOJ & EOIR appear to be moving in exactly the opposite direction.

  • Last year, notwithstanding the addition of many new Immigration Judges and retirement of some of the most experienced Immigraton Judges, DOJ cancelled the nationwide Immigration Judge Conference, the only “off the bench” training that most Judges get.
  • Cancellation of the annual training conference or resort to ridiculously amateurish “CD training” was a fairly regular occurrence in the “Post-Moscato Era” (post-2000) of EOIR.
  • Too often so-called “asylum training” at EOIR was conducted by DOJ Attorneys from the Office of Immigration Litigation (“OIL”), Board Members, or Board Staff. The emphasis was basically on “how to write denials that will stand up on appeal” rather than how to recognize and grant legally required protection.
  • Immigration Judges with “special insights” into the situation of asylum seekers seldom were invited to be speakers. For example, one of my most distinguished colleagues was Judge Dana Leigh Marks of the San Francisco Immigration Court. Judge Marks successfully represented the applicant in the landmark U.S. Supreme Court case INS v. Cardoza-Fonseca, 480 U.S. 421 (1987)  (as the INS Deputy G.C. & Acting G.C. I was helping the Solicitor General with the “losing argument” in behalf of my “client.”) Cardoza-Fonseca established the “well founded fear” standard for asylum and probably is the most important case in the history of U.S. asylum law. Yet, I never remember hearing Judge Marks on any panel at the Annual Conference, let alone one dealing with asylum.
  • One notable exception were the “mandatory” presentations by the U.S. Commission on International Religious Freedom (“USCIRF”), an independent Government agency. Led by Senior Advisor on Refugee Issues Mark Hetfield (now President and CEO of HIAS) the USCIRF provided examples of bias in asylum adjudication and explained how Immigration Judges and the BIA sometimes erred by filtering religious claims through our “Americanized Judeo-Christian prism” instead of taking time to understand the unique conditions affecting religion and religious freedom in each country.
  • There was never much positive follow-up on the USCIRF observations. I was probably one of the few Immigration Judges who regularly consulted and discussed the reports and findings of the USCIRF in my decision-making (even many experienced asylum advocates often overlooked this invaluable resource).
  • I remember at my “Immigration Judge Basic Training” in 2003 being told to prepare for the fact that most of my “oral decisions” would be asylum denials. I was skeptical then and found that quite to the contrary, the majority of asylum cases that got to Individual Hearing in Arlington were eminently “grantable.” Pretty much as I had unsuccessfully argued for years with my colleagues while I was on the BIA. For the most part, the U.S. Courts of Appeals eventually reaffirmed much of what my long-since banished “dissenting colleagues” and I had been saying all along about the overly restrictive application of U.S. asylum law by the BIA and many U.S. Immigration Judges.
  • There is absolutely nothing in the recent anti-asylum campaign (based on distorted narratives, no facts, or just plain intentional misinformation) by Attorney General Jeff Sessions and EOIR leadership that would lead me to believe that any type of fair, professional, properly balanced asylum training for Immigration Judges and BIA Appellate Immigration Judges is in the offing.
  • All of this adds up to the pressing need for the elimination of USDOJ control over the U.S. Immigration Courts, the creation of an independent U.S. Immigration Court, and the restructuring of the Immigration Courts into a true Due Process oriented court system, rather than a mere “whistle-stop on the deportation railroad!”

PWS

02-05-18

NEW BIA PRECEDENT SAYS DUI “IS A SIGNIFICANT ADVERSE CONSIDERATION IN BOND PROCEEDINGS” & FINDING OF “DANGEROUSNESS” CAN’T BE “OFFSET” BY CLOSE FAMILY & COMMUNITY TIES IN THE U.S. – MATTER OF SINIAUSKAS, 27 I&N Dec. 207 (BIA 2018)

3914–DUI-Bond

Matter of SINIAUSKAS, 27 I&N Dec. 207 (BIA 2018)

BIA HEADNOTE:

“(1) In deciding whether to set a bond, an Immigration Judge should consider the nature and circumstances of the alien’s criminal activity, including any arrests and convictions, to determine if the alien is a danger to the community, but family and community ties generally do not mitigate an alien’s dangerousness.

(2) Driving under the influence is a significant adverse consideration in determining whether an alien is a danger to the community in bond proceedings.”

BIA PANEL: Appellate Immigration Judges MALPHRUS, MULLANE, and GREER

OPINION BY: Judge Garry D. Malphrus

KEY QUOTE:

“The issue in this case is whether the respondent is a danger to the community, and family and community ties generally do not mitigate an alien’s dangerousness. While there may be a situation where a family member’s or other’s influence over a young respondent’s conduct could affect the likelihood that he would engage in future dangerous activity, this is not such a case. The respondent is an adult and has not shown how his family circumstances would mitigate his history of drinking and driving, except to explain that the most recent incident occurred on the anniversary of his mother’s death. The factors that the respondent claims mitigate or negate his dangerousness existed prior to his most recent arrest, and they did not deter his conduct.

We recognize that the Immigration Judge set a significant bond of $25,000, which he said “reflects the seriousness with which this court views the respondent’s repeated conduct.” However, an Immigration Judge should only set a monetary bond if the respondent first establishes that he is not a danger to the community. Matter of Urena, 25 I&N Dec. at 141.

This is not a case involving a single conviction for driving under the influence from 10 years ago. The respondent has multiple convictions for driving under the influence from that period and a recent arrest for the same conduct, which undermines his claim that he has been rehabilitated. Under these circumstances, we are unpersuaded that the respondent has met his burden to show that that he is not a danger to the community. See Matter of Fatahi, 26 I&N Dec. at 793−94. We therefore conclude that he is not eligible for bond. Accordingly, the DHS’s appeal will be sustained, the Immigration Judge’s decision will be vacated, and the respondent will be ordered detained without bond.”

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As an Immigration Judge, I would have come out the same way the BIA did on this case. I would not have set bond.

For me, that the respondent was arrested again for DUI, ten years after his last of three previous DUI convictions, is telling. It shows me that the problem is a continuing one that has not been solved by passage of time or counseling, that the respondent still hasn’t “gotten the picture” about the dangers of DUI, and, significantly, that I couldn’t trust him not to DUI again or get in some other trouble while out on bond.

Less face it, stressful and traumatic events are a constant occurrence in life, particularly for someone already in Removal Proceedings. Therefore, I wouldn’t “buy” the respondent’s argument that the anniversary of his mother’s death was a “one-timer” that wouldn’t happen again.

What if he loses his job, what if a family member has a medical emergency, what if he has domestic problems — all of these fairly common traumas in our community. Why won’t he react the same way he did to the one-year anniversary of his mother’s death? Also, having a LPR wife, USC daughter, and a possible avenue for legal immigration didn’t seem to “motivate” him to say away from trouble. If he DUIs again while awaiting hearing, it’s on my hands. No thanks.

No, I’d rather have a full hearing on this respondent in detention where I know here won’t get into any more trouble in the meantime. If, after that hearing he qualifies for some relief and the equities outweigh the adverse factors, then so be it. I’d grant the case. But, I wouldn’t trust this guy out on the street on my bond during the several years it might take to get to a case such as this on the Arlington non-detained docket. “Getting to the bottom” of complicated cases like this is the purpose of the Individual Merits Hearings.

That said, if the pending DUI changes were dismissed or he were found “not guilty,” I’d be willing to “revisit” the bond.

So, what’s the danger with the BIA’s decision here. That it will be misread by the DHS or Immigration Judges for things the BIA didn’t hold:

  • The BIA did not say that bond could never be granted in a DUI case, even where there was a recent arrest;
  • The BIA also did not say that family and community support could never be a factor in assessing “dangerousness.” On the contrary, the BIA recognized that there could be situations where the influence of family or community members would be a proper factor for the Immigration Judge to consider in assessing dangerousness. For example, I found that having family members or co-workers who would drive the respondent to work and counseling as well as involvement in community or church-based alcohol avoidance groups were often strong predictors that individuals could avoid future alcohol-related problems. But, sadly, in this case, neither family nor past efforts at rehabilitation seem to have worked.

PWS

02-05-18

 

EAGLES UPSET PATS 41-33 IN TRULY SUPER SUPERBOWL! — BACKUP QB NICK FOLES STARS — BRADY SETS YARDAGE RECORD IN DEFEAT! 🦅🦅🦅🦅

Great game! Lots of offense. Not much “D” until Eagles got a “strip” on Brady late to help seal the victory. But, the great TB still had one last shot as “Hail Mary” fell incomplete in end zone as time expired.

Former Wisconsin Badger star running back Corey Clement played a key role with several big plays including a huge second half TD catch upheld on review. Gutsy call on 4th and goal from the one at the end of the first half by Eagles Coach Doug Pederson involving a center snap to Clement, pitch-back, and pass from an end to QB Nick Foles for a key TD and Superbowl first (TD  pass caught by a QB). Foles was, quite deservedly, the MVP of the Superbowl! A guy who lost his starting job, bounced around, almost quit football, but did what a backup QB is supposed to do — play like the starter and win games in the clutch!

Another former Badger star running back, James White, one of the heroes of the Patriots’ comeback win in last year’s Super Bowl, scored New England’s first touchdown on a 26 yard run in the second quarter.

Special congratulations to my good friend and colleague retired Judge Wayne Iskra, a lifelong (and long suffering) Eagles fan!

Fly Eagles Fly! 🦅🦅🦅

PWS

02-04-18

GOP WONKSTER CARLOS BONILLA WONDERS WHEN “1st GENERATION AMERICANS” BECAME “ANCHOR BABIES,” “FAMILY REUNIFICATION” BECAME “CHAIN MIGRATION,” & “THE AMERICAN DREAM” WAS REPLACED BY THE GOP WHITE NATIONALIST RACIST AGENDA? — “We Used To Be Called First Generation Americans, But ‘Anchor Baby’ Apparently Resonates Better For Fearmongering Purposes.”

https://www.washingtonpost.com/news/posteverything/wp/2018/01/31/the-immigration-rules-president-trump-wants-would-have-crushed-my-family/

Bonilla writes in the Washington Post:

“After my father died in Honduras in 1990, I sponsored my widowed mother for permanent residency in the United States. She was 67 years old, I was her only child, and my three children were her only grandchildren. Of course I had to bring her here.

I was doing what most children with aging parents, in any country, try to do: take care of them as they once took care of us. Fortunately, the wisdom of U.S. immigration law at the time allowed her to enter with a green card under the family reunification visa preference, now under attack as “chain migration” by opponents of legal immigration, including President Trump. I was able to sponsor her because I was a U.S. citizen, born and raised here. No doubt some would consider me an “anchor baby,” although my nonimmigrant parents were here legally when I was born. We used to be called first-generation Americans, but “anchor baby” apparently resonates better for fearmongering purposes.

The Trump administration’s proposals to change the U.S. immigration system and end most family reunification preferences would have kept me from helping my mother, and if they become law, they’ll keep countless Americans from doing the same for their loved ones. The president wants to end visa preferences for parents, adult children and siblings of immigrants — only minor children or spouses would qualify for family visas. In Tuesday night’s State of the Union address, Trump said that he would protect “the nuclear family” and that the changes he’s proposed are necessary for “our security, and for the future of America.” But his rules wouldn’t have protected my family, or our future, at all. In my case, bringing my mother here had a profound impact on my life and those of my children — and no one would have been better off if immigration law had forced her to stay in Honduras.

CONTENT FROM CHILDREN’S NATIONAL
“There was constant anxiety. He would accuse people of not being careful enough [with food]. He was scared something could happen and that he could have a reaction.”
Read More
[For 50 years, keeping families together has been central to U.S. immigration policy]

In 1996, after going through a divorce, I found myself a single father, trying to raise three tweens and teens on my own, wondering how I would handle work and family obligations. My mother saved my life. In many ways, she saved my children’s lives as well. She was the after-school presence, always there to greet them and keep them out of trouble. We did a good job: All three graduated from good colleges — the University of Pennsylvania, Duke and the University of Pittsburgh. They’ve all gone on to successful careers in education, technology and real estate.

Without my mother here, I would have had to decline the greatest professional opportunity of my life in 2001: the chance to work in the White House as a special assistant for economic policy to President George W. Bush. What had been a few hours a day of after-school care that my mother handled became many hours a day and often late nights, as anyone who has worked in the White House will attest. Had she not been here, I could never have met the demands of that job with kids in high school.

In 2002, we celebrated my mother obtaining her U.S. citizenship with lunch in the White House Mess. We sat there and wished my father had lived to see this — his son working in the White House. My father, born to a single mother in a poor mountain town in Honduras, got a college education only because Rotary International gave him a scholarship at age 27 to study in the United States. He went on to get a master’s degree in economics, the same trade that brought me to the White House’s National Economic Council.

In some ways, mine was an atypical foreign family: My parents spent 20 years working here on G-4 visas , which are granted to employees of international organizations such as the International Monetary Fund and the Inter-American Development Bank, where they worked before taking overseas posts and ultimately retiring in Honduras. In other ways, though, we were the stereotypical American immigrant story: They came here to improve their lot in life. They were luckier than most and better educated than many. But that education took place only after my parents got here. They came with a high school education and no assets. They left this world with much more, but you couldn’t have predicted that when they first arrived in the United States.

[How ‘chain migration’ brought us the Trump White House]

Now the Trump administration is deriding family reunification as “chain migration,” a term intended to belittle the contributions that immigrants and their families make. “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives,” Trump claimed Tuesday — a claim that isn’t true, as current law only allows citizens or permanent residents to sponsor immediate relatives. Some of the president’s allies, such as Rep. Steve King (R-Iowa), don’t even want people like me to be citizens in the first place: My parents were not citizens or permanent residents when I was born, and King has introduced legislation to prevent children of people like them from becoming citizens at birth. Under these visions for America, I would not have been able to work in the White House; I would not have been able to sponsor my mother for permanent residency; and my mother would have been unable to help me and my children accomplish what we have accomplished.

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I ask only that people look at me and my family, especially my mother, as part of the positive impact that immigrants have in America. Both of my parents were born in Honduras (no doubt one of the places the president had in mind when he made a scatological reference to the countries of origin of many immigrants). Thanks to the compassion and vision of our current policies, though, my mother made a lasting contribution to our nation: the well-being and advancement of me and my three children. No one looking at us would ever think “Norwegian.” But surely they would think that we embody the American spirit.”

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Come on, Carlos! You’re a smart guy! What did you expect from a party that embraces outspoken anti-Latino, White Nationalist, racists like Steve King, Jeff Sessions, Kris Kobach, Steve Bannon, Stephen Miller, and Donald Trump?

Your achievements and past contributions are meaningless. It’s your a Brown skin, Hispanic race, and immigrant heritage that they hate and denigrate!

So, instead of asking why and lamenting the overt racism that has become a key part of the GOP agenda (just that Hispanics have replaced African-Americans as the primary target), why not do the “smart” thing and switch over to the Democratic Party where the American Dream isn’t restricted to rich White Guys?

PWS

02-04-18

ANOTHER US JUDGE, THIS TIME IN NJ, CALLS A HALT TO “GONZO” ENFORCEMENT — Now It’s Indonesian Christians In The ICEMEN’s Crosshairs!

http://www.nj.com/news/index.ssf/2018/02/last_minute_court_appeal_halts_deportation_of_indo.html

Ted Sherman reports for NJ Advantage Advance Media for NJ.com:

“A federal judge in Newark on Friday issued a temporary restraining order halting the deportations of two Indonesian Christians taken into custody last week while they were dropping their daughters off for school.

U.S. District Judge Esther Salas issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.

A federal judge in Newark on Friday issued a temporary restraining order halting the deportations of two Indonesian Christians taken into custody last week while they were dropping their daughters off for school.

U.S. District Judge Esther Salas issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.

issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.”

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Wasting tax dollars, hurting families, dividing communities, teeing off Federal Judges, what more could you ask from the “New American Gestapo?”

PWS

02-04-18

SUPERBOWL SUNDAY: NFL HISTORY: PACKER GREAT RG JERRY KRAMER ENTERS PRO FOOTBALL HALL OF FAME! — Threw Perhaps Most Famous Block In NFL History, Leading B. Starr’s “Sneak” Into End Zone For Victory In 1967 “Ice Bowl!” — Vince Didn’t Even Have That Play In The Book!

Kramer # 64 In Foreground Leads Way As Pack Vanquish Dallas Cowboys 21-17 on Dec. 31, 1967 For NFL Title — “Icebowl” Was Played In -13 Temperature In Green Bay!

Bottom right– Jerry Kramer, aged 82, as he looks today, 51 years after the Icebowl!

 

From Today’s Green Bay Press Gazette, Pete Dougherty reporting:

http://www.greenbaypressgazette.com/story/sports/nfl/packers/2018/02/03/long-wait-over-packers-jerry-kramer-voted-into-hall-fame/1089232001/

“MINNEAPOLIS – Jerry Kramer finally made it.

In his 11th time as a finalist, the former Green Bay Packers guard was voted into the Pro Football Hall of Fame on Saturday.

Kramer needed 80 percent of the vote from the 47 voters who were in attendance, which meant that no more than nine could vote against him. The Hall doesn’t reveal the vote totals, but Kramer hit the requisite 80 percent.

According to Hall protocol, after the vote was completed Saturday afternoon, David Baker, the president of the Hall of Fame, visited the hotel where the nominees were staying and notified each individually whether he was in.

“I said that (knock on the door) is it,” Kramer said. “And the most beautiful man I’ve ever seen (Baker), the big hunk down here at the end was standing there with the cameras and stuff behind him. I was over the top. It was something I was afraid to believe in, I was afraid to hope for. So I kept trying to keep those emotions out there somewhere. But hey, I’m here and I’m part of the group. Thank you very much.”

The other members of the 2018 class were fellow senior finalist Robert Brazile, and contributors candidate Bobby Beathard, as well as five modern-era candidates: Ray Lewis, Brian Urlacher, Brian Dawkins, Randy Moss and Terrell Owens.

KRAMER: ‘Somebody helped me’ on legendary Ice Bowl block

DOUGHERTY: It’s now or never for Jerry Kramer’s Hall of Fame hopes

RELATED: The Ice Bowl, 50 years later: An oral history

Kramer, 82, becomes the 13th member of the Packers’ dynasty in the 1960s that won five NFL championships in seven years to be voted into the Hall. The others are coach Vince Lombardi, fullback Jim Taylor, tackle Forrest Gregg, quarterback Bart Starr, linebacker Ray Nitschke, cornerback Herb Adderley, defensive end Willie Davis, center Jim Ringo, running back Paul Hornung, safety Willie Wood, defensive tackle Henry Jordan and linebacker Dave Robinson.

Kramer said he had dinner with Robinson on Friday night, just as they had dinner the night before Robinson was voted into the Hall of Fame in 2013. And Taylor was with him Saturday.

“I miss ’em,” Kramer said of his other Hall of Fame teammates. “But I wish they were here, I wish we had an opportunity to be here together. Bart has been sensational in writing letters and doing all sorts of things, and Hornung has been sticking up for me for 20 years. So many of the guys, Willie D (Davis) is a great pal, and Robbie (i.e., Robinson) and Wood and Adderley and so many of the guys in, and (Nitschke) was such a great pal, Forrest Gregg … we’ve had a lot of guys, 10, 12 guys in the Hall. Jimmy is here and that’s about it, Jimmy Taylor. But I miss those guys. I’ve shared so much with them over the years and it would be nice to share this with them.”

Kramer also is the 25th Hall inductee who spent most of his career with the Packers. That’s second most in league  history, behind the Chicago Bears’ 27.

It has been a long road for Kramer to get to the Hall. He was a modern-era finalist (i.e., among the final 15 candidates) nine times in the 14-year period from 1974 through ’87 but never was voted in. Modern-era players and coaches have been retired anywhere from five to 25 years.

Then in 1997, he was the seniors committee nominee (for players who have been retired for more than 25 years) but failed to reach the 80 percent threshold among the selection committee for Hall induction.

But at long last, he’s in.

“I don’t think it can get sweeter,” Kramer said. “It’s the ultimate honor in the game, in our game. It’s the top of the heap. It’s the crown of the trail of this whole process, it’s here. If you make it here you’ve made it in professional football. So whenever you’ve made it here it’s a wonderful moment and a wonderful time and a wonderful event. … I told Mr. Baker that this is it, it doesn’t get any better than this. He goes, ‘Jerry, this is just the beginning.’ So I can’t wait to see how it turns out.”

Kramer is tied for fourth on the list of most times being a finalist before induction. Lynn Swann was a finalist 14 times before he was voted in, followed by Carl Eller (13) and Hornung (12).

Kramer joined the Packers as a fourth-round draft pick out of Idaho in 1958, the year before Lombardi took over as coach. He started all 12 games as a rookie and then when Lombardi took over became a key player as a pulling guard in the coach’s famed sweep.

Kramer achieved his greatest fame for his block on the Dallas Cowboys’ Jethro Pugh that helped open the way for Starr’s game-winning touchdown on a quarterback sneak in the Ice Bowl for the 1967 NFL championship. It’s perhaps the most famous block in NFL history.

Former Green Bay Packers guard Jerry Kramer shares memories from the Ice Bowl, which was played 50 years ago on Dec. 31, 1967. USA TODAY NETWORK-Wisconsin

Kramer played all of his 11 seasons with the Packers. Along with being named to the league’s 50th anniversary team, he also was on the NFL’s all-decade team for the ‘60s. He was named first-team all-pro five times (1960, ’62, ’63, ’66 and ’67) and went to three Pro Bowls (’62, ’63 and ’67).

Besides playing right guard, Kramer doubled as the Packers’ kicker for parts or all of the 1962, ’63 and ’69 seasons.

In ’62 he made 81.8 percent of his field-goal attempts (9-for-11) and finished fourth in the league in scoring (91 points). Then in the Packers’ 16-7 win over the New York Giants in the NFL championship game that season, he scored 10 points (three field goals and an extra point).

This was almost surely the last time Kramer would get a shot at the Hall. Because he has been retired from the NFL for more than 25 years, he could become a nominee only through the seniors committee, and this year was his second time making it through as the senior candidate.

He was only the fourth nominee to twice come through the committee, and with many deserving seniors candidates in wait, there was no chance he’d get a third shot. So this essentially was his last opportunity to receive pro football’s highest individual honor.

Kramer and the rest of the Class of 2018 will be inducted Aug. 4 in Canton, Ohio.

Aaron Nagler of USA TODAY NETWORK-Wisconsin contributed.”

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

Man, I remember the “Icebowl” as if it were yesterday! I was home from college, following the first semester of my Sophomore year at Lawrence University in Appleton, WI. I was preparing to leave right after the New Year for a “Semester Abroad” program at the Lawrence Campus in Bonnigheim, Germany! A rather big deal since I had never before flown in an airplane, anywhere!

Our whole family was crowded around the 13″ GE color TV in our living-room on Revere Avenue in Wauwatosa, WI. Since there were only a few seconds left in the game, and the Pack had no timeouts left, I thought they would probably kick a field goal to send the game into overtime, or throw a short pass that if incomplete would have stopped the clock for a last second field goal (or course, a “sack” by the Cowboys would have ended the game.) I’ve watched lots of Packer games, but the Icebowl was probably the best victory ever!

Later in January, we listened on Armed Forces Radio in our dorm in Germany as the Packers beat the Raiders in the”Superbowl II.” Sort of anti-climactic after the “Icebowl!”

As noted in the article, Kramer is the 13th player from the “Lombardi Era” Packers to enter the Hall of Fame, and the 25th Packer overall!

Although, sadly, the Pack aren’t in this year’s Superbowl, there are still some Packer connections. Of course the “Lombardi Trophy,” awarded to the winner is named for legendary Green Bay Coach Vince Lombardi.

And, the Philadelphia Eagles’ Coach Doug Pederson, played a number of seasons as backup QB to recent Packer Hall of Fame QB Brett Farve. Of course, the backup job to Farve didn’t involve much “real game action,” since Farve was in the midst of a NFL record 297 consecutive starts as QB. However, Pederson appears to have been a “good learner” from a coaching and strategy standpoint. Apparently, those years of “holding the clipboard” behind Farve paid off. Big time!

PWS

02-04–18

TIMOTHY EAGAN @ NYT: “The Stormy Daniels Presidency” — She’s Probably Smarter, No More Dishonest, Less Biased, & A Heck Of A Lot More “Transparent” Than The Trumpster!”

Eagan writes:

“Well before The Wall Street Journal reported that a porn star with the meteorological name of Stormy Daniels was paid $130,000 to keep quiet about sex with Donald Trump, it was clear that a bigger and more crass proposition would be emerging from the White House.
Going into the midterm elections, Trump is offering this deal to his supporters: Say nothing about the lies, the bullying, the accusations of sexual misconduct from more than a dozen women, the undermining of the rule of law, the abdication of basic decency — and in turn he will make you rich.
Essentially, it’s a payoff. Trump himself has framed it this way. When asked about his coming health exam last month, he said, “It better go well, otherwise the stock market will not be happy.” He used the same phrase when talking about his hard-line position on immigration.
Both Barack Obama and Bill Clinton oversaw spectacular gains in the stock market — among the best in history. The Dow Jones industrial average rose 227 percent during Clinton’s eight years and 149 percent under Obama.
Yet, neither of those men held the market out as hostage to a backward agenda and a deranged personality. Trump is running a bottom-line presidency — as soulless as a Kremlin bot on Facebook — in which people who know better are asked to stay quiet in exchange for a short-term payoff.
Modern presidents, dating at least to Ronald Reagan, have urged voters to ask one question going into pivotal elections: Are you better off than you were before? It’s a reasonable standard. But it has never been the leverage for allowing a democracy to collapse.
You heard some uplifting words during the State of the Union address, words with all the staying power of vapor from a sewage vent. But a more honest assessment of what this presidency represents came from Trump when he was in his element, surrounded by Mar-a-Lago cronies. “You all just got a lot richer,” he told a bejeweled and pink-faced crowd just a few hours after signing the $1.5 trillion tax cut in December.
Even as Trump spoke before Congress on Tuesday, he monetized the speech, with donors paying to have their name live-streamed across a Trump campaign web page.
A cartoon in Politico showed a naked Trump with a king’s crown and a golf club walking down a red carpet. “I know, I know,” one man says to another. “Just keep thinking about your stock portfolio.”
The question for those yet to join the enablers is: What’s the price — a record stock market in which 10 percent of Americans own 84 percent of the market wealth, a tax cut that burdens the working poor in years to come — for saying nothing?
Evangelical Christians were among the first to sign on to a Stormy Daniels proposition. In the infamous words of Tony Perkins, president of the Family Research Council, Trump gets a “do-over” for the infidelity allegation. Yes, because nothing says family values like a thrice-married man who allegedly cheats on his latest wife just after she gives birth to their son. And Pat Robertson, the mush-headed moralist who still fogs up many a television screen with his gaseous utterances, told Trump last summer, “I’m so proud of everything you’re doing.”
For these self-appointed guardians of the soul, the bargain is bigger than 30 pieces of silver: It’s a promise that Trump will continue to protect their tax-exempt empires, in the name of religious freedom.
For Republicans in Congress, the pact is more consequential. They will ignore the pleadings of career law enforcement officials in order to stoke fantasies of a deep-state coup against the president. These politicians are counting on a base that will look the other way as they undermine Robert Mueller’s investigation into Russian tampering with the election.
It’s a good bet. After Trump called the American justice system “a joke” and “a laughingstock,” after he fired the F.B.I. director because he would not pledge loyalty to him, after he told another top lawman that his wife was “a loser,” after he referred to members of the intelligence community as “political hacks,” it was all quiet on the Republican front.
He can falsely say that his State of the Union speech drew the highest audience in history — in fact, it ranked ninth since 1993 — because this president has told more than 2,000 lies in a year and hasn’t been called out for them by the people who signed on to silence.
But what happens if the bargain crumbles? What if the market tanks — as the Dow did in losing more than 500 points a few days ago? Do the sycophants bail? Or do they hold out for something more — like the lobbyists now drafting legislation and gutting regulations that affect the companies that pay them?
Beware, those of you who have made your deal with the Stormy Daniels presidency. You can take your settlement money — as the people who signed up for the fraudulent Trump University did — but you still got suckered.
I invite you to follow me on Twitter (@nytegan).”

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

The lack of values, intellectual honesty, and common decency from the GOP and the so-called “Evangelical right” (not much recognizable Christianity in their words and actions) is stunning, but, unfortunately, not  very surprising.

PWS

02-03-18

 

 

MATTHEW NUSSBAUM @ POLITICO: WILL VLADI EVER GET TIRED OF WINNING? – NOT LIKELY IF THE “PUPPET PRESIDENT,” “AGENT DEVON,” AND VLADI’S GOP “FELLOW TRAVELERS” HAVE ANYTHING TO SAY ABOUT IT! — “This memo just plays right into that. … This is exactly what Putin had in mind.”

Matthew Nussbaum reports:

POLITICO

The Nunes memo and Putin’s long game

imageMatthew Nussbaum

Vladimir Putin might get tired of winning. Ever since the U.S. intelligence community discovered the Russian operation to interfere in the 2016 presidential election and aid President Donald Trump’s victory, some Republicans have been laboring to undermine…

READ ON POLITICO.COM

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The greatest threat to American democracy doesn’t come from abroad or even from MS-13. No, it comes from the GOP “dupes and stooges” that were (remarkably) elected to protect our country, as it turns out, from themselves! But, their desire to protect and further their own kleptocracy dwarfs any small amount of allegiance they might have to the “common good.”
Will Putin be able to “close the deal” before American voters finally wake up to the danger they have elected?
PWS
02-03-18

THE SPLC ANALYZES TRUMP’S CONTORTED AND CONTRIVED MESSAGE OF HATE, INTOLERANCE, & DIVISION!

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FIGHTING HATE // TEACHING TOLERANCE // SEEKING JUSTICE

FEBRUARY 3, 2018

“In his State of the Union address this week, President Trump congratulated his administration for having “taken historic actions to protect religious liberty.”

It certainly was historic in October when Trump became the first sitting president to give the keynote address at an annual summit hosted by an anti-LGBT hate group, the Family Research Council.

And it was historic when his attorney general, Jeff Sessions, issued religious freedom guidance eroding protections for LGBT people after he consulted with another anti-LGBT hate group, the Alliance Defending Freedom.

But it was an anti-immigrant hate group, the Center for Immigration Studies (CIS), whose talking points laced the State of the Union address this week.

CIS presents itself as an independent think tank, but it began as a project of the anti-immigrant hate group Federation for American Immigration Reform and was founded by white nationalist John Tanton.

CIS frequently manipulates its findings to achieve results that further its anti-immigrant agenda. Last fall, for instance, CIS staffer Jessica Vaughn published a report exaggerating how many people would enter America via a process that CIS calls “chain migration” — the hate group’s preferred phrase to stigmatize the idea of immigrant families reuniting.

The phrase “chain migration” appeared twice in this week’s State of the Union, alongside dangerous and hateful misinformation about immigrants taken directly from CIS talking points.

Given the State of the Union’s author, that should be no surprise.

Senior adviser Stephen Miller, who took the lead writing the speech, served for years as an aide to Jeff Sessions, who has himself endorsed CIS’ work, spoken on a CIS panel, and taken whispered counsel from a former CIS staffer during immigration debates on the Senate floor.

When Sessions hired Miller fresh from Duke University, he did so at the recommendation of anti-Muslim extremist David Horowitz. Now in the White House, Miller has been claimed and praised by extremists for advocating policy on hate group wish lists and pushing anti-immigrant narratives like the one we heard in the State of the Union.

“For decades, open borders have allowed drugs and gangs to pour into our most vulnerable communities. They have allowed millions of low-wage workers to compete for jobs and wages against the poorest Americans,” Trump said Tuesday, reading Miller’s text off a teleprompter.

But studies consistently show that immigrants help — not hurt — the U.S. economy.

“Most tragically, they have caused the loss of many innocent lives,” Trump said Tuesday — despite study after study finding immigrants commit crime at rates lowerthan native-born Americans, not higher.

Hate groups should not have a seat at the table on matters of national policy or influence what talking points to highlight in the State of the Union.

But thanks to Stephen Miller, they have exactly that.

The Editors

P.S. Here are some other pieces we think are valuable this week:

What kids are really learning about slavery by Melinda Anderson for The Atlantic

How the far right has perfected the art of deniable racism by Gary Younge for The Guardian

Indian slavery once thrived in New Mexico. Latinos are finding family ties to it by Simon Romero for The New York Times

The terrifying rise of alt-right fight clubs by Bryan Schatz for Mother Jones

View this email in your browser.”

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Yup. Sadly, Trump and his cohorts Sessions & Miller are out to divide, not unify America (except in the sense that they are unifying all decent Americans against their White Nationalist, racist agenda). For years, the GOP right-wing has “talked around” the racism and White Nationalism inherent in many of their programs and actions, using euphemisms like “reform,” “streamlining,” “right to work,” “combatting voter fraud,” etc. And, while occasionally it earns them a mild “tisk, tisk” from so-called “moderate” or “mainstream” Republicans, for the most part the spineless leadership of the GOP has given racism, White Nationalism, and xenophobia a “free Pass.”

Just look at the “hero of the GOP moderates,” Mitt Romney. “The Mittster” appears poised to reenter politics as the Junior Senator from Utah, replacing the retiring Orrin Hatch.

While carefully steering a moderate line on immigration during his governorship of “Blue State” Massachusetts, once nominated for the Presidency, Romney hired the notorious racist/White Nationalist/vote suppressor Kris Kobach as his “Immigration Advisor.” He then proceeded to largely adopt the White Nationalist line in immigration, including the famous Kobach initiative that sought to make life so miserable for hardworking, law-abiding undocumented residents (known in White Nationalist lingo as “illegals”) that they would “self-deport.”

Who is the real Mitt Romney? Nobody knows. But, my guess is that he’ll stand with the White Nationalists on immigration.

Although he has been sharply critical of Trump at times, it’s likely that when push comes to shove, he’ll line up behind the Trump-far right agenda just like other so-called “critics” such as Sen. “Bobby the Cork” Corker, Sen. Jeff Flake, Sen. John McCain, Sen. Susan Collins, and Sen. Lisa Murkowski when it came to “sticking it to America” with the GOP Tax ripoff. After all, remember how quick Mitt was to “pretzel himself up” and grovel before Trump on the off-chance that he would be allowed to serve the Great Con-Master as Secretary of State!

PWS

02-03-18

 

 

 

 

 

 

 

WHICH MAN IS REALLY RESPONSIBLE FOR AMERICA’S STRONG ECONOMY, OBAMA OR TRUMP? – WELL, ACTUALLY, THE “MAN” MOST RESPONSIBLE IS A WOMAN: JANET YELLEN! — Her “Reward?” – To Be Summarily Dismissed By A Boorish President Without Even a Thank You! – And Then The “Con-Man-In-Chief” Stole Credit For Her Success!

https://www.theguardian.com/commentisfree/2018/feb/01/janet-yellen-praise-economy-donald-trump

Jill Abramson reports for The Guardian:

The strength of the economy was the keystone of President Trump’s State of the Union speech. There was no need to exaggerate how good things are – low inflation, lower unemployment, soaring stock market. Nonetheless, as usual, he had to inflate his boastful claims with hot air.

There were so many encomiums for various Americans in the president’s speech that the personal, anecdotal stories blurred into each other. But there was no word of thanks for the person most responsible for the strong economic winds keeping the Trump administration afloat.

Janet Yellen, perhaps the most successful Federal Reserve chair in modern history and the first woman to hold the job, was completely unrecognized. President Trump gave her the boot, making her the first Fed leader not to be renominated for a second term. All of her predecessors were renominated by presidents of the opposite party. But not Yellen, whom President Barack Obama appointed in 2014 and whose last day on the job is 3 February.

Yellen was denounced by some of the Republican lawmakers who clapped thunderously as the president bragged about the 2.4m jobs created during the first year of his presidency. Conservatives in the Congress lambasted Yellen in her early days for her singular focus on job creation and her tenacious loyalty to the bond-buying program known as quantitative easing.

As a member of the Fed board of governors, Powell had supported virtually all of Yellen’s key decisions. It’s telling that the president had to embroider the already impressive economic gains the country had enjoyed during his first year in office.

“Since the election, we have created 2.4 million new jobs, including 200,000 new jobs in manufacturing alone,” he boasted. But according to Pro Publica, only 206,000 real jobs have actually been created so far and only 63,000 of those can be attributed to President Trump.

As for manufacturing jobs, the president began his tenure by anointing himself as the savior of a Carrier plant in Indianapolis, Indiana. But only two weeks ago, 200 workers at the plant lost their jobs. And it took $7m in tax breaks and other goodies just to get Carrier to back off from its plan to move to Mexico.

The New Yorker published the anguished stories of some of those being laid off earlier this month, just as President Trump began drafting his speech. The magazine gathered with a group of about-to-be former Carrier employees at Sully’s, a local bar. They expressed their sense of having been had by Trump.

Among those who spoke at the gathering was Chuck Jones, the former president of United Steel Workers Local 1999, in Indianapolis, who disputed Trump’s initial claims about the Carrier deal and was attacked by Trump on Twitter as a result. “Trump is a liar and an idiot,” Jones told the crowd, adding, “He’s a con man, pure and simple, who sold us a bag of shit.”

The 2.4m new jobs figure Trump trumpeted for 2017 is accurate. But it’s also less than the 2.7m jobs created during President Obama’s last year in office. The president’s “Happy Days Are Here Again” economic picture hinges on what he described in his address as “the biggest tax cuts and reform in history”.

Actually, the Trump tax cuts are only the 12th largest in history. Ronald Reagan’s 1981 rate cuts were the largest. Everyone knows that the tax bill that was the president’s signature achievement in 2017 is a wet kiss to the billionaire class and robs the poor and many members of the middle class. Nonetheless, Trump and the Republican party believe the tax cuts may be the only thing standing between them and Armageddon in the 2018 elections.

The Koch Brothers, among the chief beneficiaries of the bill, just announced their intention of asking their donor network to spend $400m to beat back an expected Democratic wave in congressional races. They more or less sat out those races in 2016 and were lukewarm to Trump. With the tax bill gift, they are lukewarm no more.

Trump also repeated the most cynical boast of all – that he’s responsible for improving the economic standing of black Americans. He was stung by criticisms from Jay-Z and tweeted: “Somebody please inform Jay-Z that because of my policies, Black Unemployment has just been reported to be at the LOWEST RATE EVER RECORDED!”

Black unemployment has been declining steadily for the past seven years. It is now at its lowest rate – below 7%, but it is still more about double the 3.7% rate for white Americans, hardly something to brag about.

Before the speech, pundits debated whether the president would be “Twitter Trump” or “Teleprompter Trump” for his State of the Union. The angry, dark president on view a year ago on Inauguration Day was replaced by the calm reader. Also on display, to good reviews, in Davos.

But substance, not presentation, is what’s important. And it was really the same Donald Trump standing in the well of the House of Representatives, the man who regularly does set a record: for untruths uttered by an American president.

  • Jill Abramson is a Guardian columnist”

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You can be pretty sure that when the inevitable financial crisis comes, both Trump and “The Munchkin” will be clueless about what to do. After all, this is a dude whose formula for dealing with his own business incompetence was “stiff the suppliers, screw the workers, and declare bankruptcy!” We all have to hope that new Fed Chief Jerome Powell turns out to be smarter and more “Yellen-like” than the clowns who ousted her.

And, of course, when the tough times come, Trumpie will blame the Democrats, “sanctuary cities,” Barak Obama, Hillary Clinton, Mexico, Canada, California, New York, The New York Times, CNN, NBC News, or just about anybody, rather than accepting any personal responsibility. That’s just not in the Con-Man’s makeup. But, when things look good again, you can bet that The Donald will take all the credit and stiff the “real heroes” no matter who they are.

PWS

02-03-18

START YOUR SATURDAY OFF RIGHT WITH “SATURDAY SATIRE” FROM COURTSIDE – THE BOROWITZ REPORT – “Former Hippies Put in Horrible Position of Rooting for F.B.I.!”

ANDY BOROWITZ FROM THE NEW YORKER:

https://www.newyorker.com/humor/borowitz-report/former-hippies-put-in-horrible-position-of-rooting-for-fbi?mbid=nl_Borowitz%20020218&CNDID=48297443&spMailingID=12864882&spUserID=MjQ1NjUyMTUwNjY5S0&spJobID=1340173025&spReportId=MTM0MDE3MzAyNQS2

“Former Hippies Put in Horrible Position of Rooting for F.B.I.

WASHINGTON (The Borowitz Report)—Former hippies across the United States have been put in the unbearable position of rooting for the F.B.I., hippies have confirmed.

From Vermont to California, erstwhile hippies bemoaned a nightmare scenario that has forced them to side with a law-enforcement agency they have despised since the Summer of Love.

“I always dreamed I’d spend my retirement surrounded by my grandchildren, telling them that the F.B.I. were fascist pigs,” Carol Foyler, a former hippie who lives in Santa Cruz, said. “That dream has been shot to hell.”

Her husband, Mick, nodded his head in sad agreement. “We were so happy when pot was legalized in California,” he said. “But the fact that we’re now on the same side as the F.B.I. has ruined even that.”

Now in their seventies, the Foylers are spending their days doing things they never dreamed possible when they traipsed through the mud at Woodstock: going door to door in Santa Cruz, asking other former freaks to sign a pro-F.B.I. petition.

“Donald Trump has wrecked America’s standing around the world, spread misogyny and bigotry, ravaged the environment, and endorsed a child molester,” Carol said. “But making people like us support the F.B.I. is the most unforgivable thing he’s done.”

  • Andy Borowitz is the New York Times best-selling author of “The 50 Funniest American Writers,” and a comedian who has written for The New Yorker since 1998. He writes the Borowitz Report, a satirical column on the news, for newyorker.com.”

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WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING, AND ALSO WITH MORE FACTUAL ACCURACY THAN ANY REPORT PREPARED UNDER THE DIRECTION OF “AGENT DEVON!”

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To get serious for just a second, after three and one-half decades spent working in the U.S. Department of Justice, under Administrations of both parties, I can testify that the Trumpsters’ assertion that there is a “pro-Democrat bias” in the FBI doesn’t pass the “straight face test.” The FBI is highly professional, but is, and always has been, one of the most “consistently conservative” law enforcement agencies in the U.S.

To further illustrate the totally disingenuous absurdity of the Trump/GOP claim, keep in mind that all of the top officials in the DOJ — AG Sessions, DAG Rosenstein, AAG Brand, and FBI Director Christopher Wray — are recent Trump political appointees confirmed by a GOP-controlled Senate. Indeed, Sessions, Rosenstein, and Brand all served the DOJ in prior GOP Administrations.

It’s more than a little insulting that Trump and his GOP enablers think the American people are too dumb to see what they are doing — trying to “derail” the Mueller investigation before it gets to the bottom of the Trump Campaign’s already-established contacts with the Ruskies and the case for obstruction of justice against Trump which is unfolding and gaining strength and credibility every day right in plain view.

But, then again, enough gullible folks fell for the “Great Con Man” to put our country in this peril in the first place! Vladi must be on “Cloud 9.” America is “self-destructing” and he barely has to lift a finger. Just hope that Trump and the GOP can remain in power long enough to finish the job for him.

PWS

02-03-18

 

 

Michael Paarlberg @ THE GUARDIAN: HOW WACKO & COUNTERPRODUCTIVE IS TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT? — Who Screws Their Friends & Productive Residents While Empowering Multinational Gangs? — “[MS-13] can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. . . . There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

https://www.theguardian.com/commentisfree/2018/feb/02/trump-immigration-bogeymen-ms-13-chain-migration?CMP=Share_iOSApp_Other

Paarlberg writes:

“In 1968, a British Conservative politician, Enoch Powell, made what became known as his “Rivers of Blood” speech. In it, he sounded an alarm about what he imagined to be an unchecked immigrant invasion of the United Kingdom, at a time when the country’s immigrant population had only grown from 5 to 6% in the previous decade.

Crime was low, less than one homicide per 100,000 residents, a tenth the rate of the US. Quoting a constituent, he foresaw the day when “the black man will have the whip hand over the white man”. In subsequent decades, immigration slowly inched upwards, but the scenario Powell envisioned failed to materialize.

Half a century later, we Americans live in a Powellesque moment in which politicians’ hysterical rhetoric surrounding immigration is completely at odds with the facts. President Trump, giving his own Rivers of Blood speech on Tuesday, painted a grim picture of a wave of hardened criminal immigrants, exploiting diversity visas and “chain migration”, running around the country murdering people left and right.

In reality, illegal immigration to the US is down, not up. Trump would like to take credit for this with his tough talk about walls, rapists, and “bad hombres” from Mexico, but the number of unauthorized immigrants in the country has been falling for the past decade, due not to xenophobic bluster but the Great Recession.

Net migration from Mexico is currently negative: more Mexicans are leaving the US than coming in, and have been doing so since the end of the Bush administration. In coming decades, most new immigrants to the US will not be from Latin America at all, but from China and India.

Violent crime, too, is down, way down: FBI statistics show violent crimes are just half of what they were in the early 90s. Trump would have you believe that immigrants are responsible for “tremendous amounts of crime”, but research shows immigrants commit less crime than native-born Americans.

In fact, it started in Los Angeles in the 1980s, was originally made up of adolescent stoners who listened to heavy metal, and only grew into a much larger and more vicious, officially designated “transnational gang” thanks to mass criminal deportations by the Clinton administration to poor countries that were ill-equipped to deal with the influx.

It can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. And for all the hype, MS-13 is a relatively small player here. Its estimated US membership has remained constant for the past decade at around 10,000, or less than 1% of the 1.4 million gang members in the US: far smaller than the Crips, Bloods, Latin Kings, or Aryan Brotherhood.

Even the face tattoo image is out of date; MS cliques have been discouraging members from getting them after belatedly realizing it makes them easy to identify by police.

As for the origins of this nonexistent immigrant crime wave, Trump blames “chain migration”, the more menacing nativist buzzword for family reunification, the principle on which our immigration laws are founded.

“Chain migration” is actually a conservative idea: the Immigration and Nationality Act, which was passed in 1965, was sold to immigration restrictionists as a law which would preserve mostly white immigration while doing away with the overtly racist, eugenics-inspired quota laws it replaced. Because by 1965, most immigrants to the US were from Europe, it was assumed that giving preference to family members of current immigrants would restrict immigration from other parts of the world.

After all, it is a policy which upholds the family as a unit. Families, conservatives argued, were preferable to single men. They encourage stable employment, homeownership, participation in the community, and provide a source of private, non-state welfare for needy relatives. Families are what keeps people out of trouble, the kind Trump imagines immigrants are getting into, and which may actually happen if he succeeds in taking away this base of support.

It wouldn’t be the first time US immigration policy had the opposite of its intended effect, from Johnson’s 1965 immigration law to Clinton’s criminal deportations. Similarly, Trump’s recent decision to revoke TPS protection for over 200,000 legal immigrants from Haiti and El Salvador will only increase the number of unauthorized immigrants and lead to more unauthorized immigration in the future: mass deportations mean a loss of cash remittances from those immigrants to countries whose economies are heavily dependent on them, which will only worsen unemployment and send more migrants north.

Breaking up families also creates the conditions of insecurity under which predatory gangs thrive. In Central America, deportations from the US give gangs a new vulnerable population to recruit from. In the US, the loss of family networks and raids which push migrants into the shadows give them a new vulnerable population to extort. There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

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Pretty much what I’ve been saying all along! With their toxic mixture of ignorance, arrogance, incompetence, bias, White Nationalism, and racism, Trump, Sessions, Miller, and their sycophantic followers have been destroying American communities, weakening and dissolving American society, and empowering our enemies, foreign and domestic! Other than that, they’re a great bunch of guys.

The only folks happier than MS-13 about the Trump/Sessions regime and their “sell-out” of America and American values are Vladi Putin and his Oligarchs.

PWS

02-02-18

THINK THE TRUMP GOP TAX GIVEAWAY TO THE FAT CATS WAS OUTRAGEOUS? – WAIT TILL YOU GET A LOAD OF TRUMP’S LATEST SCAMS!

https://www.vanityfair.com/news/2018/01/trumps-infrastructure-plan-should-scare-the-crap-out-of-you

Bess Levin at Vanity Fair with the “Levin Report:”

“WHY TRUMP’S INFRASTRUCTURE PLAN SHOULD SCARE THE CRAP OUT OF YOU

The president wants to apply his hotel-licensing model to a $1.5 trillion government initiative.

If you only paid attention to the words that tumbled out of his mouth, you might believe that Donald Trump was a successful real-estate developer, just like you might also think he’s a “stable genius” with a “winning temperament” who had a shot with Princess Diana. In reality, none of these things are true. In the wake of multiple bankruptcies, the Trump Organization shifted from developing properties on its own to licensing its founder’s name to others for multi-million-dollar fees, in what Forbes once called a “low-effort, low-risk, high-reward cash flow proposition.” With no capital on the line, Trump was free to sit back with a taco bowl, take a cut of the profit, and deal with none of the consequences if and when a project ran into trouble. And now, he wants to apply the same model to a $1.5 trillion infrastructure deal.

In his State of the Union speech last night, Trump said that he was “calling on Congress to produce a bill that generates at least $1.5 trillion for the new infrastructure investment we need,” noting that “every federal dollar should be leveraged by partnering with State and local governments and, where appropriate, tapping into private sector investment—to permanently fix the infrastructure deficit.” Previously, the administration had said it would put in $200 billion and would expect the private sector, along with state and local governments, to pony up $800 billion for a nice, round $1 trillion plan. Now they’re apparently going to have to dig a little deeper, for no other apparent reason than because Trump thinks $1.5 trillion sounds better. That might seem like a great deal for the federal government, except for the fact that by allocating a mere $200 billion—when you take the White House’s proposed infrastructure cuts into account, it comes out as even less—they’ll have to prioritize corporate profits over the actual needs of the public.

In order to get a return on their investment, which is—understandably!—the only reason private companies will want to get involved here, the government will naturally offer them lucrative tax breaks. But, as The Washington Post points out, unlike typical public-private partnerships wherein the government is the ultimate owner of the road or bridge constructed by a private company, it’ll all be under private ownership.

“PriveCo Equity Partners [get] a gigantic tax incentive to build the bridge, which the company now owns—and which will charge tolls on [it] in perpetuity. Taxpayers could shell out nearly as much in tax incentives to the private company as we would have spent to just build the bridge, and then on top of that you’ll have to pay tolls to cross it—forever. As long as the bridge stands, people are paying extra so PriveCo Equity Partners can make a profit.”

And because Trump & Co. will pay for no more than 20 percent of any given project, states and localities that don’t have the extra funds will most likely be shit out of luck. As the Post’s Paul Waldman notes, “the focus on private investment . . . will naturally privilege projects that can generate a profit for private companies, which probably won’t be the most sorely needed upgrades.” According to a new report released this week by the left-leaning Democracy Forward, under the rubric for judging grant applicants, a whopping 70 percent of a project’s score “would be based on the availability of non-federal revenue,” whereas the “economic and social returns” it could generate make up 5 percent. Sorry, Flint, Michigan! You don’t really need new pipes, right?

Of course, this was all by design. Less scary than the fact that Trump’s friends might financially benefit from the plan is the promise (threat?) he made last night that “any bill must . . . streamline the permitting and approval process,” by which he means gut environmental protections and put public health at risk. On the bright side, no one actually believes that President Hard Hat’s plan will come to fruition, at least not in its current form. “Not to be morbid, but an infrastructure catastrophe could move the needle . . . and spur congressional action,” political strategist Chris Kruegertold Business Insider. “Barring some kind of morbid catalyst, [the plan’s passage] seems extremely unlikely.”

Since the day the Consumer Financial Protection Bureau was formed, Republicans have been raving about how it’s an unconstitutional menace that must be stopped. Unfortunately for people like Representative Jeb Hensarling, who thinks the bureau is a “dictator,” a court has more or less declared that this argument is bullshit:

The structure of the Consumer Financial Protection Bureau is constitutional, an appeals court ruled Wednesday in a blow to President Donald Trump’s efforts to ease regulations on the financial system.

The U.S. Court of Appeals for the District of Columbia Circuit made the ruling in a battle over whether the president could remove the director at will. The court in October had upheld a challenge to the structure but agreed to rehear the case.

Republicans had challenged the C.F.P.B. structure on grounds that the director’s position was unaccountable to the executive branch.

On the bright side, now that the C.F.P.B.’s acting director is a guy who thinks the place shouldn’t exist, he can simply chip away at it from the inside. It’ll require a little more effort and creativity, but if anybody is up to the challenge, it’s MickThe C.F.P.B. is a sick, sad jokeMulvaney.

You get a Twinkie! And you get a Twinkie!

Hostess Brands is using its tax bill savings to reward employees with snacks:

The company, which makes Twinkies, Ding Dongs and Ho Hos, is providing its employees one-time payments of $1,250—with $750 in cash and $500 in the form of a 401(k) contribution. In taking the step, Hostess cited last month’s tax legislation, which slashed the rate for U.S. corporations.

It’s also offering a year’s worth of free food to workers—though they won’t be able to eat all the Ding Dongs they like. A representative from each of Hostess’s bakeries will choose a product each week, and the employees will be able to take home a multipack of that item. The company also makes Hostess CupCakes, Fruit Pies, and Donettes.”

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Gotta love it!

Billions for the fat cats, “Twinkies” for the workers. And, while working his infrastructure scam, Trump and his GOP kleptocrats will be trashing our environment and destroying our health care. I suppose they all will eventually move to a (“Whites Only” — Sorry Ben & Tim) “tax haven” somewhere offshore leaving the rest of us sick and dying in a looted country with an “infrastructure” that nobody needs any more!

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Meanwhile, over at Bloomberg News, reporter Ben Penn exposes a Trump Administration scheme to allow management to steal billions of dollars from waitresses and waiters! That’s right, folks, Trump’s GOP kleptocrats are busy scheming to transfer wealth from the lowest rungs on the economic ladder to the well-to-do! When the Labor Department’s own internal analysis exposed this “ripoff in the making,” the Trumpsters did what any good kleptocrat would do — tried to hide the results from the public (so much for the Trump White House claim of “transparency” in the release of “Vladi’s Agent Devon’s” memo).

“Labor Dept. Ditches Data Showing Bosses Could Skim Waiters’ Tips

Posted Feb. 1, 2018, 6:01 AM

Labor Department leadership scrubbed an unfavorable internal analysis from a new tip pooling proposal, shielding the public from estimates that showed employees could lose out on billions of dollars in gratuities, four current and former DOL sources tell Bloomberg Law.

The agency shelved the economic analysis, compiled by DOL staff, from a December proposal to scrap an Obama administration rule. The proposal would permit tip pooling arrangements that involve restaurant servers and other workers who make tips and back-of-the-house workers who don’t. It sparked outrage from worker advocates who said the move would permit management to essentially skim gratuities by participating in the pools themselves.

Senior department political officials—faced with a government analysis showing that workers could lose billions of dollars in tips as a result of the proposal—ordered staff to revise the data methodology to lessen the expected impact, several of the sources said. Although later calculations showed progressively reduced tip losses, Labor Secretary Alexander Acosta and his team are said to have still been uncomfortable with including the data in the proposal. The officials disagreed with assumptions in the analysis that employers would retain their employees’ gratuities, rather than redistribute the money to other hourly workers. They wound up receiving approval from the White House to publish a proposal Dec. 5 that removed the economic transfer data altogether, the sources said.

The move to drop the analysis means workers, businesses, advocacy groups, and others who want to weigh in on the tip pool proposal will have to do so without seeing the government’s estimate first. The public notice-and-comment period for the proposal is set to end Feb. 5.

The new revelation lends credence to concerns from Democrats and labor organizers that the proposed rule will short change workers. It also raises questions about how much the DOL intends to take public feedback into account in shaping a final version of the rule.

The current and former DOL sources, hailing from both political parties, were all independently briefed by people involved in the rulemaking. They spoke on the condition of anonymity to prevent retaliation against themselves and others.

The Labor Department “works to provide the public accurate analysis based on informed assumptions” a DOL spokesman told Bloomberg Law in an email. The spokesman noted that the department asked the public to comment with suggestions about how to quantify the rule’s impact as part of the proposal. “As previously stated, after receiving public comment, the Department intends to publish an informed cost benefit analysis as part of any final rule.”

The DOL did not address Bloomberg Law’s inquiry as to why the agency did not include the completed transfer analysis in the proposed rule.

The department has previously defended criticism of the proposal by saying the move would lead to higher pay for some low-wage workers who don’t traditionally earn tips, such as dishwashers. The DOL has also argued that managers would be dissuaded from stealing tips, out of fear of employee turnover and decreased morale. The department further noted that it included in the proposal a qualitative analysis, which doesn’t include dollar figures.

OMB Involvement Unclear

Former career and political officials at the DOL and the White House Office of Management and Budget, joined by business and employee-side regulatory attorneys, all told Bloomberg Law that scrapping a completed analysis from a significant proposal would mark a troubling departure from the government’s mission. Agencies and OMB are expected to ensure that all available data are brought to bear during notice-and-comment rulemaking, the sources said.

White House Office of Management and Budget’s regulatory review staff was familiar with the data, before the proposed rule was released, sources said. It’s not clear whether OMB Director Mick Mulvaney approved the deletion of the numbers or whether Neomi Rao, who runs OMB’s Office of Information and Regulatory Affairs, was involved in the decision.

“We do not comment on the interagency review process,” an OMB senior official told Bloomberg Law in an email responding to a series of questions directed at OIRA.

Representatives for the White House and Mulvaney did not respond to requests for comment.

“I have to wonder about the internal pressure brought to bear on OIRA in this case, because historically OIRA’s position has been that analysis is a good thing,” Stuart Shapiro, a career policy analyst at OIRA in the Clinton and Bush presidencies,” told Bloomberg Law. “It helps us make better decisions, it helps us increase the transparency of the regulatory effort.” Shapiro, who reviewed labor regulations in his tenure at the office, is now a Rutgers University professor researching the regulatory process.

Bloomberg Law has filed a Freedom of Information Act request for the transfer report, which is being processed by the DOL’s Wage and Hour Division.

Transparency in Question

The proposal rescinds a 2011 rule that asserted tips are the property of workers who earn them. That revision of the Fair Labor Standards Act covered scenarios in which restaurants and other employers supplemented tipped workers’ earnings by paying at least the full minimum wage.

Since the rule’s release in December, worker advocacy groups and Obama administration officials have vehemently opposed it. They point to language that permits companies to keep gratuities for themselves, provided they pay workers at least the federal minimum wage of $7.25 per hour and don’t apply a tip credit that allows them to pay as little as $2.13 per hour, depending on the state.

The left-leaning think tank Economic Policy Institute attempted to fill the data void by producing an analysis of its own. EPI predicts the proposed rule on tips would lead to $5.8 billion changing hands from workers to businesses, rather than being redistributed among employees as the DOL leadership suggested.

Some worker advocacy attorneys say the absence of the data might violate administrative law.

The existence of economic data has not been previously reported. It comes as President Donald Trump’s labor secretary and OIRA administrator have said they are committed to good government and transparent notice-and-comment rulemaking as they implement the White House demands to cut unnecessary regulations issued during the Obama administration.

Some attorneys have theorized that the Trump administration fast-tracked this rescission to moot the restaurant industry’s request that the U.S. Supreme Court grant review and invalidate the Obama tipping rule.

Acosta Optics

News of the scrapped analysis comes as Acosta has tried to avoid being cast as putting business interests above employees in various legal and regulatory moves.

David Weil, Wage and Hour Division administrator under President Barack Obama, called the new tip rule a boon for the restaurant industry,

“I think it is simply a statement of fact that Secretary Acosta and the people in the political side of the Labor Department who pushed that rule, which was a wonderful Christmas present to the National Restaurant Association, didn’t want the public to understand what kind of transfer we’re talking about,” Weil told Bloomberg Law in December, before the news of an existing analysis publicly surfaced.

Democrats have also placed their thumb on the scale when it comes to regulatory analyses, Leon Sequeira, who ran the DOL policy office in the George W. Bush administration, said.

“Economic analysis is a political football in every administration,” Sequeira told Bloomberg Law. He said the Obama administration DOL provided inadequate cost-benefit analyses that understated the compliance costs on businesses. “If the agency feels that it doesn’t have sufficient information to perform as robust an analysis as some may like, then that’s the precise purpose of the proposed rulemaking—to say to all of these critics, if you’ve got a better idea or different analysis or additional information, by all means send it in.”

“It’s at the final stage, when the agency makes its final decision, that folks need to be concerned about evaluating the rulemaking,” said Sequeira, now a management-side employment attorney in Washington.

The More Data the Better

The DOL insisted in the rule proposal that uncertain employer responses make it difficult to produce reliable estimates of managers participating in tip pools and how customers might change their tipping habits. Former agency officials said, however, that the regulation breaks from protocol because it is still the department’s duty to release a best attempt at the data in the proposed rule.

“To punt on that and say we’ll let the public come up with the economic analysis, that’s really not how the process is intended to work,” Michael Hancock, a former assistant administrator at the WHD, told Bloomberg Law. “The agency has an obligation to provide its best judgment on what the likely impact is economically, and that will give the public an opportunity to comment on that.”

The DOL proposal explained that an analysis of potential benefits and transfers is too speculative at this stage. “The Department is unable to quantify how customers will respond to proposed regulatory changes, which in turn would affect total tipped income and employer behavior,” the agency stated.

One trade association executive, who had no prior knowledge of a shelved analysis, told Bloomberg Law that when it comes to rulemaking, the more information the better. “I would just be troubled if the agency had done economic work that’s directly relevant to rulemaking, and for any reason chose not to include that, because the public has a right to know everything about the rule,” said the source, who spoke on condition of anonymity to address an issue that doesn’t affect the trade association’s members.

The National Restaurant Association, by far the trade group most invested in the rulemaking, has been a massive supporter of the effort. An economic analysis isn’t relevant to this discussion because the 2011 version of the rule didn’t include that type of analysis either, Angelo Amador, the NRA’s senior vice president and regulatory counsel, told Bloomberg Law in December. Plus, Amador said he believes he has the law on his side.

“I do not see how an economic analysis has an impact either way on something that they don’t have the authority to do,” he said. The NRA has litigated the Obama rule since 2011 and has filed a request for review that is pending before the U.S. Supreme Court. Two circuit courts have called the rule an abuse of agency rulemaking authority.

Tough to Estimate

In reality, both business and employee-side sources told Bloomberg Law that it’s difficult to arrive at a confident estimate on this rule change, because of many possible employer and customer reactions, and interactions with a maze of state and local minimum wage laws.

The new methods ordered by the DOL leadership on the tip pool rule reduced the transfer total by changing the industries affected and how the rule would interact with state laws, which dropped the total, a few sources said.

Hancock, whose 20-year career at the WHD spanned three presidents from both parties, said that during the approximately 15-20 economically significant rules he’s worked on, he never once witnessed the agency excluding the cost-benefit analysis from a significant regulation. Lack of data accuracy is no excuse, Hancock said.

“If their view is they’re not really confident with the data you have, you put it out there, you identify those areas where you have uncertainty about the data, and invite the public to fill in those gaps,” said Hancock, who is now of counsel at plaintiff-side firm Cohen Milstein in New York.

The Labor Department’s policy shop played a central role in the tip pooling proposal, as is customary for significant rules. Sequeira, who was heavily involved with the WHD and other agencies in developing regulatory economic analyses in the prior Republican DOL, stopped short of saying whether the DOL behaved inappropriately in this circumstance.

“It’s hard to say,” Sequeira said. “That’s the age-old conspiracy theory with virtually every regulatory proposal that comes out.”

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Kleptocracy, secrecy, anti-democracy, Putinism are at work every day the corrupt Trump Administration and the GOP enablers are in power. The Con-Man-In-Chief!

PWS

02-02-18

MILWAUKEE JOURNAL/SENTINAL: COULD THE EXPLOSIVE GROWTH OF DANE CO. WI – Where, Not Surprisingly, Diversity Is Celebrated & Innovation Welcomed – EVENTUALLY HELP RID WISCONSIN OF SCOTT WALKER AND OUR NATION OF TRUMP & GOP STRANGLEHOLD ON NATIONAL GOVERNMENT?

https://www.jsonline.com/story/news/2018/02/01/can-voting-power-fast-growing-dane-county-help-democrats-win-statewide-elections-again/1085968001/

Craig Gilbert reports:

“MADISON – Amid all the defeats and disasters Democrats have suffered in Wisconsin, there’s one spot on the map that gets brighter for them all the time.

The capital city and its suburbs comprise one of America’s premier “blue” bastions.

Dane County’s liberal tilt is nothing new.

But obscured by the Democratic Party’s statewide losses since 2010 is the rapid, relentless growth of its voting power.

Fueled by a tech boomlet, Dane is adding people at a faster rate than any county its size between Minnesota and Massachusetts.  Between 2015 and 2016, it accounted for almost 80% of Wisconsin’s net population growth and is now home to more than 530,000 people.

“It is just stunning what has happened,” said economic consultant and former university administrator David J. Ward, describing a physical transformation that includes an apartment-building spree in downtown Madison as well as Epic Systems’ giant tech campus in suburban Verona, a new-economy wonderland where more than 9,000 employees (many in their 20s) work in a chain of whimsical buildings planted in old farm fields.

What’s going on in Dane County is gradually altering the electoral math in Wisconsin. Dane has been growing about four points more Democratic with each presidential contest since 1980, while adding thousands more voters every year. As a result, it packs an ever stronger political punch. Democrats won the county’s presidential vote by a margin of roughly 20,000 votes in 1984, 50,000 votes in 1996, 90,000 votes in 2004 and almost 150,000 votes in 2016.

Mobilized against a lightning-rod Republican governor (Scott Walker) and president (Donald Trump), these voters are poised to turn out in droves for the mid-term elections this fall. Organized political groups and informal political networks proliferate here, some with deep roots, some triggered by the state’s labor and recall fights, some sparked by Bernie Sanders’ presidential run last year, some spurred by Trump’s election.

“I’ve never seen this level of political activity,” said Democrat Mark Pocan, who represents Madison and the surrounding area in Congress.

Part of an ongoing series: Wisconsin in the age of Trump.
Craig Gilbert of the Journal Sentinel is on a fellowship established through Marquette University Law School’s Lubar Center for Public Policy Research and Civic Education. The fellowship is aimed at providing support for journalism projects on issues of civic importance. All the work is done under the direction of Journal Sentinel editors.

 “Right now, as (county) clerk, I have to assume crazy turnout,” said Scott McDonell, who orders the election ballots for Dane County. “Because people are so intense about wanting to send a message.”

Dane is the embodiment of some of the Democratic Party’s rosiest national trend lines: a growing appeal to the young and college-educated and a growing dominance in prosperous metropolitan areas.

But Dane also points to the double-edged nature of that appeal. A parade of GOP victories in 2010, the 2012 recall fight, 2014 and 2016 shows that this area’s rising clout guarantees nothing for Democrats when it’s offset by deep losses in small towns and northern blue-collar battlegrounds like Green Bay and Wausau. In 2016, Dane delivered a bigger vote margin for Hillary Clinton than it did for Barack Obama, but Clinton lost the state thanks to her (and her party’s) epic collapse in rural counties.

POLITIFACT: Scott Walker’s overstated attack on governor rival Paul Soglin over business and murder in

RELATED: As dust settles, parts of political map scrambled

These two dynamics — Dane getting bigger and bluer, northern Wisconsin getting redder — are at the heart of the battle for Wisconsin.

Some strategists in both parties believe the two are at least partly connected; that Democrats’ increasing reliance on Madison (and Milwaukee, the party’s other anchor) makes it harder for them to compete for more conservative blue-collar and rural voters.

When Madison Mayor Paul Soglin joined the vast Democratic field for governor last month, Walker immediately played the “Madison” card.

“The last thing we need is more Madison in our lives,” said Walker on Twitter, saying “businesses have left and murders have gone up.”

RELATED: Scott Walker amasses $4 million campaign war chest, dwarfing Dem rivals in Wisconsin governor’s race

Democrats scoffed at Walker’s grim portrayal of the city and accused him of beating up on a place that embodies the economic success he covets for the state.

The episode set off a round of feuding over whether Madison is a damaging symbol for Democrats because of its left-wing image or an increasingly attractive one because of its economic vigor.

“We’re obviously doing something right and a lot better than the way (Walker) is doing it for the rest of the state. And it’s not because we’re the home of the state university and it’s not because of state government, because he has spent the better part of the last seven years strangling them,” said Soglin in an interview, arguing that his city represents a growth model of investing in education and quality of life and “creating a great place where people want to be.” (He contrasted it to the use of massive subsidies to bring FoxConn to Wisconsin).

Dane County Executive Joe Parisi, who also bristled at Walker’s tweet, pointed to the state’s new ad campaign to draw millennials from Chicago, noting the Madison area is the one place in Wisconsin attracting that age group in significant numbers. (Many of Epic’s employees settle in downtown Madison and take a dedicated bus every day to the Verona campus.)

RELATED: Wisconsin seeks to lure young Chicagoans to Badger State

“Guess where millennials want to live? In communities that are tolerant, that invest in quality of life, that care about their environment, that provide recreational opportunities for them, a thriving downtown — everything Dane County has. We’ve worked on that,” Parisi said.

In a statement for this story, Walker political spokesman Brian Reisinger said that contrary to what his opponents say, the governor isn’t anti-Madison.

“The governor believes there are good people in Madison, like everywhere else in Wisconsin. But that doesn’t change the harm of a liberal governing philosophy that pits those hard-working families against their best interests. The governor enjoys a Badger game as much as anyone — the point is, Madison would be much better off if it had lower taxes and a better business environment, like the rest of Wisconsin does under his leadership.”

“It was liberal Madison politicians who gave us big budget deficits, massive tax increases, and record job loss,” Reisinger said.

But if the story of Madison figures in the campaign debate this year, the conversation could be awkward for both sides.

Walker is faced with the inconvenient fact that Wisconsin’s fastest-growing county is a place Republicans love to put down and where his party could hardly be less popular.  National studies and stories in recent years have singled out Madison as an emerging technology hub for health care, life sciences, even gaming — much of the growth rooted in the University of Wisconsin and its myriad research centers. Madison routinely makes “best cities” lists. Nonstop flights to San Francisco are starting this summer, a sign of its tech growth. Dane has added far more private-sector jobs than any other Wisconsin county since Walker took office. And in a state where more people are moving out than moving in, it has experienced a net in-migration of more than 20,000 since 2010. No other county in the state is close.

You could argue that the tech-fueled expansion in greater Madison is the state’s brightest economic story, and Epic, the health care software firm that has been adding almost 1,000 employees annually, its brightest business story. But Walker, an aggressive cheerleader for Wisconsin’s economy, has not mentioned either in his eight  “state of the state” speeches.

Meanwhile, this area’s prosperity creates its own “messaging” challenge for Democrats, who are painfully aware that “Madison” comes with baggage for some Wisconsinites, whether they see it as a symbol of government or left-wing politics or intellectual elitism or urban culture.

“It’s all of that combined, which in my mind is why it’s so powerful. It’s whatever part of it irks people,” said UW-Madison political scientist Kathy Cramer, who chronicled perceptions of the state’s capital in her book, “The Politics of Resentment,” about rural attitudes toward cities and their effect on politics.

Economics may be adding another wrinkle to this dynamic. Cramer said that Madison’s relative prosperity has the potential to provoke either “pride” or “resentment” elsewhere in the state.

Zach Brandon, a Democrat and head of the Greater Madison Chamber of Commerce, laments Madison-bashing, but said, “Madison, too, has to make sure it’s telling a story that doesn’t separate us from the rest of Wisconsin.”

Thanks to Trump’s election, Walker’s victories and even the attention Cramer’s book has received here and nationally, voters and activists here seem more sensitive than ever to their cultural and political distance from some parts of the state and how that can influence elections.

“You get up in these others parts (of) Wisconsin and they don’t like Madison people,” said Ronald Stucki, a Democratic voter in Dane County,  who was interviewed as he spoke to a party volunteer canvassing in the city last month.

Some Madison progressives said they hoped Democrats don’t nominate someone from Madison against Walker because they feared it would make it harder to win votes elsewhere. The party’s very crowded field includes several Madison candidates, and the Democratic U.S. senator on the 2018 ballot, Tammy Baldwin, is from Madison.

(The actual history of Madison Democrats in big statewide races isn’t a bad one at all:  winners include Baldwin for Senate in 2012, Russ Feingold for Senate in 1992, 1998 and 2004, and Jim Doyle for governor in 2002 and 2006; losers include Feingold for Senate in 2010 and 2016 and Mary Burke for governor in 2014.)

There is no way to really measure whether, or how much, the Democratic Party’s growing reliance on Madison and Milwaukee has contributed to the party’s struggles elsewhere in the state. Both trends are part of a growing partisan divide nationally between cities and small towns and between college grads and blue-collar voters.

In private conversations, GOP strategists differ over how to view the inexorable growth in Dane’s voting power. Some say it puts Democrats in a political box, dragging them further to left and out of touch with “average” voters. They also note that it’s little use to Democrats in legislative races since that vote is so concentrated geographically.

But some in the GOP are troubled by the trend lines. While many rural Republican counties are losing population, the bluest part of the state is growing the fastest — and still getting bluer. Even the burgeoning suburbs outside Madison have shifted sharply Democratic.

For many years, the Republican answer to Dane was Waukesha County, the big, ultra-red, high-turnout suburban county west of Milwaukee. But Dane has been adding more jobs and more voters than Waukesha County for many years. Since 2010, it has added five times as many people as Waukesha County. In fact, Dane’s combination of size, one-party dominance, growth and extreme turnout has few analogs anywhere in the U.S. And while Wisconsin’s rural voters have a history of swinging, the unflagging expansion of the Democrat vote around Madison is the most enduring trend anywhere on the Wisconsin political map.

What does that mean for elections beyond 2018?

Craig Gilbert talks about his Lubar Fellowship analyzing Wisconsin in the age of Trump. Mike De Sisti, Milwaukee Journal Sentinel

Here is how pollster Charles Franklin of the Marquette Law School quantified Dane’s trajectory: based on a nearly 40-year trend line in presidential voting, the Democratic Party’s winning margin in Dane County is growing by more than 15,000 votes every four years. That’s bigger than the winning margin in two of the state’s past five presidential contests.

Here is another way to measure it:

Back in 1980, Dane County accounted for 7% of the statewide vote and gave Democrats a 17-point advantage. When you multiply those two numbers together, it means Dane boosted the party’s statewide performance by a little more than one point. Its “value” to Democrats has quintupled since then. In 2016, Dane accounted for more than 10% of the statewide vote and voted Democratic by almost 50 points. Multiply those numbers together, and it means Dane boosted the party’s statewide performance by 5 points.

In their Wisconsin victories, Walker and Trump overcame this trend by making their own deep inroads elsewhere. But as long as it keeps getting bluer and growing faster, Dane County may become harder for Republicans to neutralize.

Craig Gilbert is reporting an ongoing series on the shifting political landscape in Wisconsin after the state helped propel Donald Trump to the White House.

 

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Energizing, registering, and “getting out the vote” are critically important. The “will of the real majority” across the country is what the GOP really fears! And, that’s what didn’t prevail in 2016! That’s why the GOP is so dedicated to voter suppression and gerrymandering! And skewing the census data against ethnic minorities and Democrat-leaning jurisdictions is high on the Trump/Sessions “suppression of democracy” agenda.

Here’s a sense of “deja vu.” When I was at U.W. Law School in the early 1970s, now Madison (and Dem Governor hopeful) Mayor Paul Soglin was one of my classmates. He actually sat in front of me in Environmental Law, although he seldom actually made a physical appearance. That’s probably because he was busy being the “Boy Wonder” progressive City Councilman who eventually ousted Madison’s arch-conservative GOP Mayor and became the “Boy Mayor” while Cathy and I were still living on Madison’s East Side.

After being out of office for a while, he made a “comeback” and is now Mayor of “MAD-CITY” again! Not a “Boy Wonder” any more. But, still “stirring up the pot.”

PWS

02-02-18

 

JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

https://slate.com/news-and-politics/2018/02/the-nativist-blueprint-for-trumps-immigration-plan.html

Jamelle writes in Slate:

“State of the Union on Tuesday night, “one that admits people who are skilled, who want to work, who will contribute to our society, and who will love and respect our country.”

The president and his allies claim such an immigration policy would promote cohesion and unity among Americans “and finally bring our immigration system into the 21st century.” Far from forward-facing, however, the president’s policies evoke the beginning of the 20th century, when war abroad and opportunity at home brought waves of immigrants to the United States, from Italians, Polish, and Russians to Chinese and Japanese. Their arrival sparked a backlash from those who feared what these newcomers might mean for white supremacy and the privileged position of white, Anglo-Saxon Americans. Those fears coalesced into a movement for “American homogeneity,” and a drive to achieve it by closing off America’s borders to all but a select group of immigrants. This culminated in 1924 with the Johnson-Reed Act, which sharply restricted immigration from Southern and Eastern Europe and all but banned it from much of Asia.

Members of the Trump administration have praised the Johnson-Reed Act for its severe restrictions on who could enter the country, and the act’s history helps illuminate what exactly Trump means when he says he wants to put “America first.”

The cohesion Trump espouses isn’t national or ideological. It is racial. The fight over immigration isn’t between two camps who value the contributions of immigrants and simply quibble over the mix and composition of entrants to the United States. It is between a camp that values immigrants and seeks to protect the broader American tradition of inclusion, and one that rejects this openness in favor of a darker legacy of exclusion. And in the current moment, it is the restrictionists who are the loudest and most influential voices, and their concerns are driving the terms of the debate.

At the heart of the nativist idea is a fear of foreign influence, that some force originating abroad threatens to undermine the bonds that hold America together. What critics condemned as “Know Nothing-ism” in the 19th century, adherents called Americanism. “The grand work of the American party,” said one nativist journal in 1855, “is the principle of nationality … we must do something to protect and vindicate it. If we do not, it will be destroyed.”

In the first decades of the 20th century, the defense of “the principle of nationality” took several forms. At the level of mass politics, it meant a retooled and reinvigorated Ku Klux Klan with a membership in the millions, whose new incarnation was as committed to anti-immigrant, anti-Catholic, and anti-Semitic politics as it was to its traditional anti-black racism. In Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, historian Nancy MacLean notes how Georgia Klan leader William Joseph Simmons warned his followers that they were, in his words, “being crowded out by a “mongrel population … organized into Ghettos and Communistic groups … and uplifting a red flag as their insignia of war.” Likewise, Klan leaders and publications blasted Catholic immigrants as “European riff-raff” and “slaves of ignorance and vice” who threatened to degrade the country at the same time that they allegedly undermined native-born white workers. When, in 1923 and 1924, Congress was debating the Johnson-Reed Act, the Klan organized a letter-writing campaign to help secure its passage, turning its rhetoric into political action.

At the elite level, it meant the growth of an intellectual case for nativism, one built on a foundation of eugenics and “race science.” Prominent scholars like Madison Grant (The Passing of the Great Race) and Lothrop Stoddard (The Rising Tide of Color Against White World Supremacy) penned books and delivered lectures across the country, warning of a world in which “Nordic superiority” was supplanted by those of so-called inferior stock. “What is the greatest danger which threatens the American republic today?” asked eugenicist Henry Fairfield Osborn in the preface to Grant’s book. “I would certainly reply: The gradual dying out among our people of those hereditary traits through which the principles of our religious, political and social foundations were laid down and their insidious replacement by traits of less noble character.” The aim of the nativists was to preserve those traits and admit for entry only those immigrants who could fully and easily assimilate into them.

. . . .

It is true that there are some more moderate restrictionists in the mix, for whom the drive to reduce legal immigration is driven by concern and prudence—concern over immigration’s impact on wage and employment, especially among the country’s working-class citizens, and prudence regarding our ability to assimilate and absorb new arrivals.

The facts do not support these misgivings. Low-skilled immigration does more to bolster prospects for working-class Americans—providing complementary employment to construction and farm labor—than it does to lower wages. Likewise, immigrants to the United States have shown a remarkable capacity for assimilation, quickly integrating themselves into the fabric of American life by building homes, businesses, and families. To the extent that native-born workers need protection, it’s best provided by stronger unions and more generous support from the government.

But those moderate voices aren’t setting the agenda. Instead, it’s the hardliners who have used their initiative to inject nativism into mainstream politics and channel, in attenuated form, the attitudes that produced the 1924 law. President Trump, for example, ties Hispanic immigrants to crime and disorder, blaming their presence for gang violence. He attributes terror attacks committed by Muslim immigrants to the “visa lottery and chain migration” that supposedly allows them unfettered access to American targets. And in a recent meeting with Democratic and Republican lawmakers, Trump disparaged Haiti and various African nations as “shitholes” (or “shithouses”) whose immigrants should be turned away from the country in favor of those from European countries, like Norway. It’s unclear if Trump is aware of Rep. Albert Johnson, who spearheaded the 1924 immigration law. But in his racial ranking of immigrants, the president echoed the congressman’s sentiments. “The day of unalloyed welcome to all peoples, the day of indiscriminate acceptance of all races, has definitely ended,” proclaimed Johnson on the passage of the bill that bore his name.

The president isn’t alone in his views. Before joining the Trump administration, former White House adviser Stephen Bannon openly opposed nonwhite immigration on the grounds that it threatened the integrity of Western nations. And while Bannon has been exiled from Trump’s orbit, that legacy lives on. Stephen Miller, who is now the driving force behind immigration policy in the Trump administration, is a notorious hardliner who has echoed Bannon’s views, bemoaning the number of foreign-born people in the United States.

Miller is the former communications director for and protégé of Jeff Sessions, who as Alabama’s senator praised the Johnson-Reed Act and its restrictions on foreign-born Americans. “When the numbers reached about this high in 1924, the president and Congress changed the policy, and it slowed down immigration significantly,” Sessions said in a 2015 interview with Bannon. “We then assimilated through the 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

As attorney general, Sessions has leaned in to these views. “What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful?” said Sessions during a recent interview on Fox News. “That is not what a good nation should do, and we need to get away from it.” Rep. Steve King of Iowa, a staunch defender of Trump, is especially blunt in his defense of hardline immigration policies. “Assimilation, not diversity, is our American strength,” he said on Twitter last year.

Assimilation in those middle decades of the 20th century was built, to a considerable extent, on racial exclusion. It was assimilation into whiteness, one which bolstered and preserved the racial status quo. There’s no return to the America of that era, but one could slow the nation’s demographic transition. The White House proposals for immigration reform seem designed to do just that. According to an analysis from the Cato Institute, President Trump’s framework for immigration would slash entries by 44 percent, excluding almost 22 million people from the United States over the next 50 years. And in an analysis tied to the “Securing America’s Future Act”—a House-produced bill which hews closely to what the president wants—the Center for Global Development finds that white immigrants would be twice as likely to attain entry into the United States than black and Hispanic ones, while a majority of Muslim and Catholic immigrants would be barred from the country. Couple these measures with voter suppression, a biased census, apportionment by citizenship, extreme gerrymandering, and the existing dominance of rural counties in national politics, and you can essentially rig the system for the preservation of white racial hegemony.

Immigration policy is inextricably tied to our nation’s self-identity. What we choose to do reflects the traditions we seek to uphold. In the 1920s, most Americans wanted a more homogenous country, and they chose accordingly. Forty years later, in the midst of the civil rights revolution and a powerful ethos of inclusion, Americans reversed course, opening our borders to millions of people from across the globe. In this moment, we have two options. We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.

portrait of Jamelle Bouie

Jamelle Bouie

Jamelle Bouie is Slate’s chief political correspondent.”

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Read the complete article, with more historical references to the racist historical basis for today’s GOP restrictionist policies, at the link.

Actually, “Gonzo Apocalypto,” most of those Latino, African, Hispanic, and Middle Eastern immigrants that you look down upon and disrespect aren’t illiterate in their own countries. And, they probably speak and understand English better than you do their native languages.

While you, Gonzo, have spent most of your adult life on the “public dole,” trying to turn back the clock and, as far as I can see, doing things of questionable overall value to society, immigrants have been working hard at critical jobs, at all levels of our society, that you and your White Nationalist buddies couldn’t or wouldn’t be able to do. Hard-working immigrants, not your “White Nationalist Myth,” have advanced America in the latter half of the 20th Century and the beginning of the 21st Century. Immigrants will continue to make America stong, prosperous, and great, if you and your White Nationalist restrictionist cronies would only get out of the way of progress!

“We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.”

Right on, Jamelle!

PWS

02-02-18