THE MAN WHO WOULD BE BURGER KING! — SO MANY LIES, SO LITTLE TIME! — TRUMP: “More Whoppers Than Burger King At Lunchtime!”

https://www.washingtonpost.com/news/fact-checker/wp/2017/12/29/in-a-30-minute-interview-president-trump-made-24-false-or-misleading-claims/

 

 

 

Glenn Kessler reports for the Washington Post’s Fact Checker:”

“President Trump gave an impromptu half-hour interview with the New York Times on Dec. 28. We combed through the transcript and here’s a quick roundup of the false, misleading or dubious claims that he made, at a rate of one every 75 seconds. (Some of the interview was off the record, so it’s possible the rate of false claims per minute is higher.)

“Virtually every Democrat has said there is no collusion. There is no collusion. . . . I saw Dianne Feinstein the other day on television saying there is no collusion.”

Trump appears to be referring to an interview with Sen. Dianne Feinstein (D-Calif.), a member of the Senate Intelligence Committee. She did not flatly say there was no collusion and instead was more nuanced. Asked by CNN’s Jake Tapper on Nov. 5 whether she had “seen any evidence that this dirt, these emails, were ever given to the Trump campaign,” she replied: “Not so far.” Tapper then asked: “Have you seen any communications that suggested that the Trump campaign wanted them to release them through a different means?” She answered: “I have not.”

“I think it’s been proven that there is no collusion.”

Trump is entitled to his own opinion, but he sidesteps the fact that the investigation has revealed that members of the Trump campaign interacted with Russians at least 31 times throughout the campaign. There are at least 19 known meetings, in addition to the indictments or guilty pleas of his campaign manager, national security adviser and others. Here’s The Fact Checker’s video on our count.

3:09
All the times members of the Trump campaign interacted with Russians

The Trump campaign and the White House have said there was no contact between anyone on their staff and Russia. This isn’t true. (Meg Kelly/The Washington Post)
“There was collusion with the Russians and the Democrats. A lot of collusion. . . . Starting with the dossier. But going into so many other elements. And Podesta’s firm.”

Trump has falsely accused Clinton campaign manager John Podesta of being involved with a Russian company. Tony Podesta co-founded the Podesta Group, a lobbying firm, with his brother John. But it’s a U.S.-based company, not a company in Russia. Trump likely is referring to the Podesta Group being paid $170,000 over six months to represent Sberbank, a Russian bank. The Podesta Group said its work for Sberbank USA was “never about getting sanctions lifted,” and “was simply about helping to clarify to what extent our client, the U.S. subsidiary [of Sberbank], was subject to sanctions. We confirmed they were not.” As for alleged collusion between the Democrats and Russia, Trump is referring to the fact that Fusion GPS, the political research firm that assembled the dossier as part of an assignment for Democrats, relied on a British intelligence agent who used Russian sources for his research. So that’s a rather big stretch.

Here’s the Fact Checker’s video on the Fusion GPS Russian connections.

3:28
What you need to know about Fusion GPS, the Trump dossier and Russian interests

How is Fusion GPS connected to the Trump dossier, Donald Trump Jr.’s Trump Tower meeting and the 2016 election? The Fact Checker explains. (Video: Meg Kelly/Photo: Jabin Botsford/The Washington Post)
“I won because I campaigned properly and she didn’t. She campaigned for the popular vote. I campaigned for the electoral college.”

There is no evidence that Hillary Clinton campaigned for the popular vote, which Trump previously has said he would have won if not for fraud. Clinton campaigned in many battleground states, including Republican-leaning ones where she thought she had a chance. She did not campaign as much in two states — Michigan and Wisconsin — that were considered locks for Democrats but which Trump narrowly won. Clinton won the popular vote by nearly 3 million. If 40,000 votes had switched in three states, Trump would have also lost the electoral college.

“Paul [Manafort] only worked for me for a few months.”

Trump skips over lightly the fact that Manafort, now under indictment, was his campaign manager in the critical period in which he secured the nomination and accepted it at the GOP convention.

“There was tremendous collusion on behalf of the Russians and the Democrats. There was no collusion with respect to my campaign.”

This is a breathtakingly false statement. Little evidence has emerged of any collusion between the Democrats and Russia, whereas evidence has emerged of many contacts between Trump campaign officials and Russian-linked individuals. The FBI, CIA and National Security Agency earlier this year concluded that Russian President Vladimir Putin and his government “aspired to help President-elect Trump’s election chances when possible by discrediting Secretary Clinton and publicly contrasting her unfavorably to him.” The New York Times reported on Dec. 30 that the FBI investigation began because a Trump campaign aide told an Australian diplomat in May 2016 that the Russians had access to emails that would embarrass Clinton, well before research in the “dossier” was started. The Australian government then notified the U.S. government about the conversation.

“What I’ve done is, I have absolute right to do what I want to do with the Justice Department.”

Presidents do not have unfettered right to interfere with Justice Department investigations, unless they are actively seeking a constitutional crisis.

“I’m the one that saved coal. I’m the one that created jobs. You know West Virginia is doing fantastically now.”

West Virginia’s gross domestic product increased 3 percent in the first quarter of 2017. The recent bump is due in part to the increased price of metallurgic coal, which is used to make steel, and a price increase in natural gas exports. West Virginia produces roughly 5 percent of the natural gas in the U.S. and as the price of natural gas rises, the demand for coal increases, spurring growth in the state. Trump can’t take credit for the change in prices, which fluctuate with market forces. He previously earned Four Pinocchios for this claim, but he keeps saying it. As for “saving coal,” there has barely been any job growth in the coal industry since Trump became president. According to the Bureau of Labor Statistics, only 900 jobs have been created in the coal industry since Trump became president — an increase of less than 3 percent.

“There is tremendous collusion with the Russians and with the Democratic Party. Including all of the stuff with the — and then whatever happened to the Pakistani guy, that had the two, you know, whatever happened to this Pakistani guy who worked with the DNC?”

Trump echoes a conspiracy theory that a criminal case involving a Pakistani information technology specialist who worked for Rep. Debbie Wasserman Schultz — who had chaired the Democratic National Committee — was somehow related to the Russian hack of DNC emails. The case involves a fraudulent loan, and no evidence has emerged to connect it to the Russia investigation.

“They made the Russian story up as a hoax, as a ruse, as an excuse for losing an election that in theory Democrats should always win with the electoral college. The electoral college is so much better suited to the Democrats.”

Trump is falsely labeling nonpartisan investigations as made up by Democrats. The CIA concluded in 2016 that Russia intervened in the U.S. presidential election to help elect Trump, an assessment backed up by FBI Director James B. Comey and then-Director of National Intelligence James R. Clapper Jr. As we noted, the intelligence community released a declassified report expressing “high confidence” in this judgment. Senate and House committees led by Republicans have begun their own investigations, and a special prosecutor has been appointed. Meanwhile, Democrats obviously do not have an electoral college lock. According to a tally by John Pitney of Claremont McKenna College, every Republican president since Rutherford B. Hayes in 1876 won a larger share of the electoral college votes than Trump, with the exception of George W. Bush (twice) and Richard Nixon in 1968.

“I was for Strange, and I brought Strange up 20 points. Just so you understand. When I endorsed him, he was in fifth place. He went way up. Almost 20 points.”

Polls indicate that Trump’s endorsement made little difference in the Alabama senate race — and in fact Luther Strange lost to Roy Moore by a greater margin than polls suggested at the time of Trump’s endorsement. While Trump says Strange was in fifth place, there were only three candidates in the GOP primary.

“I endorsed him [Alabama senate candidate Roy Moore]. It became a much closer race because of my endorsement. People don’t say that. They say, ‘Oh, Donald Trump lost.’ I didn’t lose, I brought him up a lot.”

Polls can vary, but there is little evidence this is the case. The fact remains that Moore lost an election in a state where Democrats usually lose by double digits.

“We have spent, as of about a month ago, $7 trillion in the Middle East. And the Middle East is worse than it was 17 years ago. … $7 trillion.”

Trump, who previously would cite a number of $6 trillion, is lumping together the wars in Iraq (in the Middle East) and Afghanistan (in Central or South Asia), which together cost about $1.6 trillion from 2001 to 2014. He is also adding in estimates of future spending, such as interest on the debt and veterans’ care for the next three decades.

“By the way, and for that, we’ve ended across state lines. So we have competition. You know for that I’m allowed to [inaudible] state lines. So that’s all done.”

Trump signed an executive order encouraging the formation of health plans across state lines. But there is still a law in place that exempts insurance companies from aspects of federal antitrust law and ensures that individual states remained the primary regulators of insurance. We wrote about this before, when Vice President Pence earned Four Pinocchios for a false claim.

“I know the details of taxes better than anybody. Better than the greatest C.P.A. I know the details of health care better than most, better than most.”

Lawmakers who dealt with Trump on taxes and especially health care privately told reporters they were shocked how little he knew about these issues.

“We’ve created associations, millions of people are joining associations. Millions. That were formerly in Obamacare or didn’t have insurance. Or didn’t have health care. Millions of people.”

Trump is referring to an executive order, mentioned above, but it has no force in law on its own and no one has yet joined these associations. The rules spelling out how the executive order would work have not been issued yet, so Trump is simply making up his “millions” number.

“Now that the individual mandate is officially killed, people have no idea how big a deal that was. It’s the most unpopular part of Obamacare. But now, Obamacare is essentially … You know, you saw this. … It’s basically dead over a period of time.”

While the individual mandate was an important incentive for Americans to seek health insurance, it was only one part of a far-reaching law that remains intact. The repeal does not take effect until 2019, and enrollment in Obamacare has remained strong. The Congressional Budget Office says the marketplaces are expected to remain stable for years.

“We see the drugs pouring into the country, we need the wall.”

The wall will have virtually no effect on drugs coming into the country. According to reports by the Drug Enforcement Administration, the majority of drugs are smuggled through legal ports of entry or smuggled through underground tunnels. Trump previously earned Four Pinocchios for this claim, but he keeps saying it.

“They have a lottery in these countries. They take the worst people in the country, they put them into the lottery, then they have a handful of bad, worse ones, and they put them out. ‘Oh, these are the people the United States.’ … We’re going to get rid of the lottery.”

This is a gross misrepresentation of the diversity visa program. Individuals apply for the visa system, and must have at least a high school diploma or work in specific industries to be eligible for the program. As the term “lottery” implies, applicants are selected via a randomized computer drawing. The selected applicants undergo a background check before entering the country, and some applicants undergo an additional in-depth review if they are considered a security risk.”

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Well, you get the picture. It just goes on and on. Get all the “whoppers” at the link. Having a congenital liar as our leader can’t come out well for the U.S.

Happy New Year!

PWS

12-31-17

 

 

 

 

 

🏈🍊🍻BADGERS CAP THEIR BEST FB SEASON IN HISTORY WITH 34-24 ORANGE BOWL WIN OVER MIAMI — QB Alex Hornibrook, 4 TD, 0 INT, Named MVP!

Bucky Badger closed out the most successful football season in more than a century of competition with a convincing 34-24 victory over the Miami Hurricanes of the Atlantic Coast Conference in the Orange Bowl. The #6 ranked Badgers finished with a best ever 13-1 record, while the #10 ‘Canes finished 10-3, dropping their final three games after winning the first 10.

Third-year Coach Paul Chryst’s Badgers survived a sluggish start which saw them trail 14-3, before reeling off  21 straight points to finish out the first half and outscoring Miami 31-10 after the initial deficit.

Surprisingly, the difference in the game was the Badgers’ passing game, led by Orange Bowl MVP QB Alex Hornibrook (23-34, 258 YDS, 4 TD, 0 INT). Freshman receiver Danny Davis had 5 catches for 56 yards and 3 TDs, while A.J. Taylor caught 8 for 105 yards and a TD.

Sensational freshman running back Jonathan Taylor rallied from an early fumble to rush for 130 yards and thereby surpass former Badger star Ron Dayne and NFL great Adrian Peterson for the best freshman running performance in major college football history. Meanwhile, the Badger defense recovered from a shaky start to intercept Hurricane QB Malik Rosier three times.

Thus, the Badgers bounced back nicely from their only defeat of the season, a six point loss to Ohio State in the Big Ten Championship Game which cost them a chance to play for the National Championship. With lots of offensive firepower returning next year, and an always stout defense, the Bucky’s football future looks bright!

PWS

12-30-17

 

 

GONZO’S WORLD: ATTACK ON U.S. CENSUS LATEST FRONT IN GONZO’S WAR ON AMERICAN DEMOCRACY!

https://www.huffingtonpost.com/entry/trump-justice-department-pushes-for-citizenship-question-on-census-alarming-experts_us_5a46fc79e4b0b0e5a7a68d3d

Justin Elliott reports for HuffPost:

“The Justice Department is pushing for a question on citizenship to be added to the 2020 census, a move that observers say could depress participation by immigrants who fear that the government could use the information against them. That, in turn, could have potentially large ripple effects for everything the once-a-decade census determines — from how congressional seats are distributed around the country to where hundreds of billions of federal dollars are spent.
The DOJ made the request in a previously unreported letter, dated Dec. 12 and obtained by ProPublica, from DOJ official Arthur Gary to the top official at the Census Bureau, which is part of the Commerce Department. The letter argues that the DOJ needs better citizenship data to better enforce the Voting Rights Act “and its important protections against racial discrimination in voting.”
A Census Bureau spokesperson confirmed the agency received the letter and said the “request will go through the well-established process that any potential question would go through.” The DOJ declined to comment and the White House did not respond to a request for comment.
Observers said they feared adding a citizenship question would not only lower response rates, but also make the census more expensive and throw a wrench into the system with just two years to go before the 2020 count. Questions are usually carefully field-tested, a process that can take years.
“This is a recipe for sabotaging the census,” said Arturo Vargas, a member of the National Advisory Committee of the Census and the executive director of NALEO Educational Fund, a Latino advocacy group. “When you start adding last-minute questions that are not tested — how will the public understand the question? How much will it suppress response rates?”
The 2010 census included a handful of questions covering age, sex, race, Hispanic origin, household relationship and owner/renter status — but not citizenship.
“People are not going to come out to be counted because they’re going to be fearful the information would be used for negative purposes,” said Steve Jost, a former top bureau official during the 2010 census. “This line about enforcing voting rights is a new and scary twist.” He noted that since the first census in 1790, the goal has been to count everyone in the country, not just citizens.”

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Read the complete article at the link.

Under the law and Supreme Court precedents, census data is used to draw Congeessional districts. Indeed, quite contrary to the way the GOP operates, Reprsentatives are supposed to represent the interests of all of the residents of their district, not just “voters” or “GOP voters.”

The DOJ’s bogus request to add a citizenship question is a rather transparent attempt to reduce Hispanic political power, in line with the overall White Nationalist anti-democracy direction the party is moving under Trump.

PWS

12-30-17m

 

HAITIANS TO TRUMPIE: WE’VE BEEN MAKING AMERICA GREAT FOR GENERATIONS — (AND WE DON’T ALL HAVE AIDS, EITHER)!

https://www.washingtonpost.com/news/global-opinions/wp/2017/12/28/no-president-trump-we-haitians-dont-all-have-aids/

 

Joel Dreyfuss In the WashPost:

R“Donald Trump’s successful presidential campaign featured a persistent attack on immigrants. So as a Haitian immigrant, I was surprised when candidate Trump praised our values and work ethic and declared to a crowd of Haitian Americans in Miami’s Little Haiti, “I really want to be your greatest champion.”

Apparently, Trump’s public declaration of love for Haitians — conveniently stated at an anti-Hillary Clinton rally — was contradicted by his private beliefs. The New York Times recently reported that he allegedly fumed at a Cabinet meeting on immigration in June that Haitians “all have AIDS.” (He also reportedly claimed that Nigerians would never go “back to their huts.”)

Even though the White House has disputed the report, it’s clearly not a great stretch to think that he did say such things. These comments are consistent with his characterization of other immigrant groups as drug dealers, rapists and potential terrorists.

Such a negative view would help explain why his administration decided last month to expel 59,000 Haitians living in the United States under temporary protected status (TPS) after the disasters of the 2010 earthquake that killed some 300,000 Haitians and the devastation of Hurricane Matthew in 2016. The Trump administration insisted that the emergency no longer existed, despite the prevailing view of most experts (and politicians from his own Republican Party) that impoverished Haiti is not ready to absorb such a large number of Haitians who have lived abroad for so long.

Trump may think of Haitians as a disease, but the reality is that we’ve helped make America great. More than 700,000 Haitians live in the United States (the actual number may be double the official tally), and they have plenty of success stories to counter Trump’s narrow view. I serve on the board of a Haitian American organization that identifies and celebrates the success of Haitian immigrants in America. We are university presidents, doctors, lawyers, journalists, professors, teachers, nurses, NFL stars, office workers and cabdrivers.

Haitian Americans and those of Haitian descent have been elected to city and state governments in Massachusetts, Illinois and Florida and even to Congress (e.g. Rep. Mia Love, Republican of Utah). President Barack Obama’s last ambassador to South Africa came to America as a child with his Haitian parents.

Trump is not the first person to link Haitians to HIV/AIDS. When the Centers for Disease Control and Prevention first noticed cases of the disease among Haitians in the 1980s, it noted that risk factors were different from those in the United States, where the disease was associated with gays and intravenous drug users. Haitians as a group were classified as particularly at risk. For several years, all Haitians — even those of us who had grown up in the United States — were barred from giving blood. After vigorous protests by Haitians, the conclusion of researchers was deemed an error; cultural taboos had Haitians denying to researchers that they had engaged in prostitution, gay sex or drug use. New evidence led to removal of the hurtful stigma. Trump doesn’t appear to have received the second memo.

Trump should actually be quite familiar with Haitians. His native New York has long been a haven for Haitian Americans, going back to the Haitian Revolution of the 1790s. Pierre Toussaint was brought to New York by a slave owner escaping the growing unrest in what was then a French Caribbean colony. Toussaint eventually was freed and became a major financial contributor to the construction of the original Saint Patrick’s church in lower Manhattan. The Vatican has started the process to make him a saint for his many charitable works. You’d think that one builder would have respect for another.

But we Haitians are accustomed to being seen as pariahs. Because Haiti freed itself from French rule and permanently abolished slavery 60 years before the United States, it was viewed with fear and suspicion in the 19th century by the slave-owning nations that surrounded it. Some Southern newspapers even barred any mention of Haiti. The young nation was forced to pay a vast indemnity to France for the empire’s lost slaves and plantations, a burden that put Haiti on a long-term path to poverty.

As black immigrants to the United States, Haitians have not always been as welcome as others. But we have made the best of opportunities in America by overcoming obstacles. One fickle champion will not stop us.”

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There is probably no more “under-appreciated” group than Haitian Americans. Undoubtedly, there has been a heavy dose of racism in our unwillingness to welcome Haitian refugees on the same basis as we have Cubans or Eastern Europeans.

And, as I have pointed out before, the Trump Administration’s decision to terminate Haitian TPS, opposed by a number of prominent Republicans, is indefensible (and dumb to boot).

PWS

12-29-17

 

IS TRUMP DETERMINED TO “BLOW UP” DREAMER DEAL?

http://www.cnn.com/2017/12/29/politics/president-donald-trump-daca/index.html

Dan Mercia reports for CNN:

“West Palm Beach, Florida (CNN)President Donald Trump said Friday there will be no deal to protect hundreds of thousands of young undocumented immigrants from deportation without funding to build a wall along the US-Mexico border.

“The Democrats have been told, and fully understand, that there can be no DACA without the desperately needed WALL at the Southern Border and an END to the horrible Chain Migration & ridiculous Lottery System of Immigration etc,” Trump tweeted. “We must protect our Country at all cost!”
Trump’s declaration casts doubt over how Democrats and Republicans will come together to protect Deferred Action for Childhood Arrivals (DACA) participants — of which there are nearly 800,000 who were brought to the United States illegal as children — from deportation because it is unlikely that Democrats will agree to substantial funding for Trump’s border wall in exchange for DACA protections.

Drew Hammill, House Minority Leader Nancy Pelosi’s spokesman, responded to Trump’s tweet by stating Democrats are “not going to negotiate through the press and look forward to a serious negotiation at Wednesday’s meeting when we come back.”
Pelosi, Senate Minority Leader Chuck Schumer, House Speaker Paul Ryan, Senate Majority Leader Mitch McConnell and White House chief of staff John Kelly will meet on Wednesday, according to two sources familiar with the meeting. The top discussion topic will be renewed government spending talks, the sources said.
Trump campaigned for president on a hardline immigration platform. Chants of “Build The Wall” became a trademark of his campaign and, as president, Trump has advocated ending so-called chain migration, guidelines that allow people in the United States to bring in family members from abroad, and the visa lottery system, a program that distributes around 50,000 visas to countries where there is a low rate of immigration to the US.
Trump’s tweet is his clearest statement to date on his negotiating position with Democrats to achieve a deal on DACA, an Obama-era program that Trump ended in September. At the time, the President said he wanted Congress to step in to save the program.
Democrats and Republicans were unable to come together before the end of the year to mint a deal on the immigration program, but members of both parties will return to Washington in 2018 with the DACA program as a focus.
Any agreement would be the second major deal between Trump and Schumer and Pelosi — who Trump has taken to referring to as “Chuck and Nancy.” The trio, much to the chagrin of conservatives, worked together earlier this year to strike a deal on the debt ceiling and government spending.
Trump has previously said that McConnell and Ryan are on board with a deal to make the DACA program permanent.
The details, however, are what matter in the deal and remain elusive.”

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Read the complete article at the link.

As I have previously said, I think the Democrats are well-positioned to hold out for a “good deal” for the Dreamers when USG funding runs out in January. I personally that a “Some Wall Funding for Otherwise Clean Dreamer Bill” would be a decent deal for the Democrats to make. But, I don’t see the Dems agreeing to restrictions or reductions of legal immigration as part of a deal.

Stay tuned.

PWS

12-29-17

HON. JEFFREY CHASE COMMENTS ON THE DISINGENUOUS ABSURDITY OF THE ATTORNEY GENERAL’S LATEST ATTACK ON CHILDREN IN U.S. IMMIGRATION COURT!

https://www.jeffreyschase.com/blog/2017/12/28/lawyer-files-disciplinary-complaint-against-chief-immigration-judge

 

Dec 28 Lawyer Files Disciplinary Complaint Against Chief Immigration Judge
On December 22, New York attorney Bryan S. Johnson filed a complaint with the Assistant Chief Immigration Judge for Conduct and Professionalism against Chief Immigration Judge MaryBeth Keller. The basis for the complaint was the Chief Judge’s issuance of guidelines to immigration judges on the handling of cases involving juveniles, including unaccompanied children (OPPM 17-03, Dec. 20, 2017). In that directive, Judge Keller instructed immigration judges that in spite of the sympathetic factors involved in children’s cases, “judges must remain neutral and impartial when adjudicating juvenile cases and shall not display any appearance of impropriety when presiding over such cases.” The complaint argues that such directive instructs immigration judges to violate federal statute, specifically the Trafficking Victims Protection Reauthorization Act (“TVPRA”), which requires the Attorney General to train immigration judges to “work with unaccompanied alien children, including identifying children who are victims of severe forms of trafficking in persons, and children for whom asylum or special immigrant relief may be appropriate.” 8 U.S.C. § 1232(e).

Instructing judges to “remain neutral and impartial,” while open to interpretation, will be perceived by many as requiring passivity. As one senior judge explained to me when I was new to the bench, judges should consider themselves blank slates and only consider what the parties have chosen to write on that slate. However, exceptions exist. In a precedent decision issued 20 years ago, the BIA held that in asylum cases in which the parties have not presented enough evidence to provide an adequate record, immigration judges should themselves present country condition evidence into the record. The Board cited favorably to the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status which defines the role of the adjudicator as to “ensure that the applicant presents his case as fully as possible and with all available evidence.” Matter of S-M-J-, 21 I&N Dec. 722, 729 (BIA 1997). Decided by a BIA that possessed some brilliant minds and courage, the Board in S-M-J- established that there are times that an immigration judge must not remain neutral when doing so will deny an asylum seeker justice.

Ten years later, the Chief Immigration Judge issued guidance to immigration judges handling juvenile cases to take a proactive approach, due to the vulnerability of the child respondents. It bears noting that the 2007 guidelines were issued under a Republican administration. Obviously, a neutral, passive approach by the judge will not ensure a fair hearing where the two parties involved are the Department of Homeland Security, represented in court by one of its attorneys, and a young (and possibly unrepresented) child. In such circumstances, the judge must to some degree advocate for the child to “ensure that the applicant presents his case as fully as possible and with all available evidence,” to use the language of S-M-J-. In response to this need, EOIR created special juvenile dockets, and provided specialized training to the immigration judges chosen to preside over them. In 2008, Congress passed the TVPRA, the statute relied upon by attorney Johnson in his complaint. In 2013, EOIR created an Assistant Chief Immigration Judge position specifically dedicated to “vulnerable populations.”

EOIR has the additional opportunity to create a more level playing field by assigning counsel to all unrepresented juveniles appearing in immigration court. Yet the agency strongly opposed this solution in a class-action lawsuit filed by advocacy groups (including the ACLU and the Northwest Immigrant Rights Project), J.E.F.M. v. Lynch. The U.S. Court of Appeals for the Ninth Circuit dismissed the case last year, finding that the court lacked jurisdiction to decide the issue. However, the court’s majority opinion emphasized that it was not ruling on the merits of the claim, and in a concurring opinion, two of the three judges on the case’s panel acknowledged that “thousands of children are left to thread their way alone through the labarynthine maze of immigration laws, which, without hyperbole, ‘have been termed second only to the Internal Revenue Code in complexity.’” The judges continued that “given the onslaught of cases involving unaccompanied minors, there is only so much the most dedicated and judicious immigration judges…can do.” The court called on Congress and the Executive branch to take action to provide government-funded counsel to all children appearing in immigration court. The judges concluded that “to give meaning to “Equal Justice Under Law,” the tag line engraved in the U.S. Supreme Court building, to ensure the fair and effective administration of our immigration justice system, and to protect the interests of children who must struggle through that system, the problem demands action now.”

Democratic lawmakers have introduced draft legislation, entitled the Fair Day in Court for Kids Act, that would remedy this situation. Versions of the bill went nowhere in 2016; a 2017 version sponsored by Rep. Zoe Lofgren (D-Cal.) and 31 co-sponsors was introduced on April 6, 2017 and has made no progress since. The website GovTrack.us states that the bill has a 3 percent chance of being enacted. In the meantime, the Chief Immigration Judge’s latest memo signals a move in the opposite direction under the present administration. Last week, the Trump administration confirmed that it is considering a policy of separating children from their parents upon arrival at the U.S. border. While the administration claims that the policy is designed to discourage Central Americans from making the dangerous journey north, it ignores the fact that those making such journey are refugees fleeing the threat of death in what has become one of the most violent and dangerous regions in the world.

The administration has not explained what alternatives exist to parents seeking to save their children from being murdered and raped by violent gangs, including MS-13, whose members Trump himself has referred to as “animals.” As reported by the New York Post, Trump stated during a speech last July in Long Island, NY of MS-13 members: “They kidnap. They extort. They rape and they rob. They prey on children. They stomp on their victims. They beat them with clubs. They slash them with machete. They stab them with knives.” It would therefore seem that the current administration should be seeking to do everything in its power to provide children fleeing the above-described treatment to have their claims for asylum considered as fully and fairly as possible. Restoring the 2007 guidelines, respecting the TVPRA requirements, refusing to separate children from their parents, and providing counsel at government expense to unrepresented children would all be welcome steps towards that goal.

Copyright 2017 Jeffrey S. Chase. All rights reserved.
JEFF CHASE
Dec 8 The Impact of Returning Children on Well-Founded Fear
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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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I appreciate Judge Chase’s kind reference to Matter of S-M-J-, 21 I&N Dec. 722 (BIA 1997). I was on the en banc BIA that decided S-M-J-. (Yes, unlike now, most precedents were issued en banc, so that each Appellate Judge was required to take a public vote on the outcome. Something known as “transparency and accountability” that has disappeared from today’s BIA.)

Forget all the legal gobbledygook in the “Keller Memorandum.” Here’s what a straightforward policy from an Attorney General actually committed to upholding the Constitution and the “Rule of Law” might look like:

  • The first duty of a Judge is to insure Constitutional Due Process for each individual coming before the court.
  • A Judge should not conduct a merits hearing for any unrepresented child, including any individual the Judge reasonably believes to be a child.
  • The Judge and all court personnel should work cooperatively with nongovernmental organizations, bar associations, legal services groups, and community officials to insure that cases involving children are placed on the docket and scheduled in a manner that insures representation in each case
  • When in doubt, a Judge should always act in a manner that maximizes Due Process protections for each individual coming before the court.

PWS

12-29-17

JRUBE IN WASHPOST; GONZO’S SCAPEGOATING OF UNDOCUMENTED RESIDENTS IMMORAL & STUPID!

https://www.washingtonpost.com/blogs/right-turn/wp/2017/12/27/scapegoating-illegal-immigrants-isnt-just-immoral-its-bad-crime-policy/

Rubin writes:

“Anti-immigrant voices’ smokescreen that they were only opposed to illegal immigration has been shredded. They now revel in their calls for immigration exclusionism. If allowed to persist, it will distort and damage our economy and impede entrepreneurship. It has already encouraged a wholly-misguided approach to crime fighting.

Attorney General Jeff Sessions and Trump have concocted a theory that we are awash in crime because of illegal immigrants, especially those living in “sanctuary cities.” That is patently false, and Sessions’ efforts to punish cities that refuse to do the feds bidding in detaining and helping to deport illegal immigrant have been swatted down in court. However, the barrage of litigation over sanctuary cities and obsession with the issue has led us to ignore both the successes and failures in crime fighting — and the causes of each.

. . . .

So when Los Angeles mayors and police chiefs tell the Justice Department that making police into immigration agents will impair their community policing success and divert valuable resources, maybe we should listen to them. Conservatives used to understand that in federalism we have the “laboratories of democracy,” namely the opportunities to find through experimentation what works and what doesn’t. Rather than riding roughshod of localities, Sessions should highlight the successes of local police departments, urge others to follow suit and increase funding — rather than threaten to yank it for spurious reasons — for those localities that need it the most. Alas, his ideological fixation with demonizing illegal immigrants seems to preclude such a fact-based approach.“

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

Read JRube’s compleat article at the link.

As she indicates, Gonzo is undoubtedly the most “fact and law free” Attorney General in our lifetime. Almost every one of his amazingly horrible and destructive  decisions is driven by deeply ingrained ideological bias. Senator Liz Warren and the others who spoke up at the confirmation hearings were right. But, the GOP Senate tuned them out. Remember that the next time you go to the polls!

PWS

12-27-17

 

MORE LUMPS FOR TRUMP FROM LOWER COURT ON REFUGEE BAN!

http://thehill.com/homenews/administration/366337-federal-judge-partially-lifts-trump-ban-on-refugees

Jesse Byrnes and Julia Manchester report for The Hill:

“A federal judge in Seattle has partially lifted a ban on certain refugees imposed by the Trump administration.

U.S. District Judge James Robart issued a ruling on behalf of the American Civil Liberties Union (ACLU) and Jewish Family Service on Saturday.

The groups had urged the judge, an appointee of former President George W. Bush, to halt the ban on refugees from some majority-Muslim nations.

Robart ruled that the federal government should process certain refugee applications, saying his order doesn’t apply to refugees who do not have a “bona fide” relationship with an individual or an entity in the U.S.

The ban originally went into effect after the president issued an executive order reinstating the refugee program “with enhanced vetting capabilities” in October.

The ACLU argued that a memo sent to the president from Secretary of State Rex Tillerson, acting Homeland Security Secretary Elaine Duke and Director of National Intelligence Daniel Coats saying certain refugees should be banned unless security was enhanced did not provide enough evidence for why more security was needed.

The judge wrote Saturday that “former officials detailed concretely how the Agency Memo will harm the United States’ national security and foreign policy interests” and said his ruling restores “refuge procedures and programs to the position they were in prior” to the ban, which he noted included thorough vetting of individuals traveling to the U.S.

The lawsuits stemming from the ACLU and Jewish Family Services were consolidated and involved refugees who have been blocked from coming to the U.S.”

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

Read the complete article over at The Hill at the link.

Like other recent lower court rulings against the Travel Ban, I expect this will be largely a “symbolic victory” for the plaintiffs. Based on the Supremes’ actions on other “Travel Ban”  cases to date, I expect that the Administration will eventually prevail in its effort to restrict refugee admissions from abroad.

PWS

12-26-17

CHRISTMAS 2017: Pope Francis Makes Migrants’ Humanity, Plight, Rights Focus Of Christmas Message To World’s Christians!

 

https://www.huffingtonpost.com/entry/pope-christmas-eve-migrants_us_5a4025cfe4b025f99e17c35b

Phillip Pullella reports for HuffPost:


“Pope Francis strongly defended immigrants at his Christmas Eve Mass on Sunday, comparing them to Mary and Joseph finding no place to stay in Bethlehem and saying faith demands that foreigners be welcomed.
Francis, celebrating his fifth Christmas as leader of the world’s 1.2 billion Roman Catholics, led a solemn Mass for about 10,000 people in St. Peter’s Basilica while many others followed the service from the square outside.
Security was stepped up, with participants checked as they approached St. Peter’s Square even before going through metal detectors to enter the basilica. The square had been cleared out hours earlier so security procedures could be put in place.
The Gospel reading at the Mass in Christendom’s largest church recounted the Biblical story of how Mary and Jesus had to travel from Nazareth to Bethlehem to be registered for a census ordered by Roman Emperor Caesar Augustus.
“So many other footsteps are hidden in the footsteps of Joseph and Mary. We see the tracks of entire families forced to set out in our own day. We see the tracks of millions of persons who do not choose to go away, but driven from their land, leave behind their dear ones,” Francis said.
Even the shepherds who the Bible says were the first to see the child Jesus were “forced to live on the edges of society” and considered dirty, smelly foreigners, he said. “Everything about them generated mistrust. They were men and women to be kept at a distance, to be feared.”

“NEW SOCIAL IMAGINATION”
Wearing white vestments in the flower-bedecked church, Francis called for a “new social imagination … in which none have to feel that there is no room for them on this earth.”
The 81-year-old pope, who was born of Italian immigrant stock in Argentina, has made defense of migrants a major plank of his papacy, often putting him at odds with politicians.
Austria’s new chancellor, Sebastian Kurz, has aligned himself with central European neighbors like Hungary and the Czech Republic in opposing German-backed proposals to distribute asylum seekers around EU member states.
In elections in Germany in September, the far-right and anti-immigrant Alternative for Germany (AfD) party made significant gains, with electors punishing Chancellor Angela Merkel for her open-door policy and pushing migration policy to the top of the agenda in talks to form a coalition government.
Italy’s anti-immigrant Northern League, whose leader Matteo Salvini often gives fiery speeches against migrants, is expected to make gains in national elections next year. A law that would give citizenship to children born in Italy to migrant parents is stalled in parliament.
In his homily, Francis said, “Our document of citizenship” comes from God, making respect of migrants an integral part of Christianity.
“This is the joy that we tonight are called to share, to celebrate and to proclaim. The joy with which God, in his infinite mercy, has embraced us pagans, sinners and foreigners, and demands that we do the same,” Francis said.
Francis also condemned human traffickers who make money off desperate migrants as the “Herods of today” with blood on their hands, a reference to the Biblical story of the king who ordered the killing of all newborn male children near Bethlehem because he feared Jesus would one day displace him.
More than 14,000 people have died trying to make the perilous crossing of the Mediterranean to Europe in the past four years.
On Christmas Day, Francis will deliver his twice-yearly “Urbi et Orbi” (To the City and to the World) blessing and message from the central balcony of St. Peter’s Basilica.

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

Compare the Pope’s very clear statement of true Christian values with the fear-mongering, false narratives, and xenophobic rantings and actions of the so-called “Christians” in the Trump Administration.

PWS

12-26-17

CHRISTMAS EVE 2017 — A Short Essay

CHRISTMAS EVE 2017

 

“Go forth and share the light, the love, forgiveness, and hope of Jesus Christ.” Those were the words of our Pastor this morning.

 

Unfortunately, I see and hear none of that message from our current Administration. Although some members curiously profess their Christianity, and indeed, even seek to force it down others’ unwilling throats, I see none of the redeeming values of Jesus Christ and his humane, compassionate, humble, and self-sacrificing teachings in their words and actions.

 

Nope. It’s all about selfishness, power, domination, arrogance, greed, discrimination, idolatry, dishonesty, mockery, exploitation, ridicule, fear, bigotry, hatred, bullying, blaming, intolerance, punishment, degradation, de-humanization, and many of the other worst human qualities that represent exactly the opposite of the Jesus Christ I know and understand.

 

However, I do see the humane message of Christ reflected in others around me. Those would be the many dedicated NGO workers, pro bono lawyers, teachers, religious workers, and social workers who are dedicated to helping the most vulnerable and most needy around us. The Government workers who are committed to doing their jobs in a fair and honest matter notwithstanding the bias and pressure to disregard the public good and their oaths of loyalty to our Constitution being placed upon them by those in power. The many journalists who courageously speak and write truth in contravention of the many lies and half-truths being pumped out by our Government’s propaganda machine and its “toady captive press.” Finally, the many migrants, who keep honoring us with their presence and persevering in their efforts to build better lives for themselves, their children, and for the rest of us in a country that is often willing to exploit their hard labor but unwilling to honor and recognize their humanity and contributions.

 

PWS

 

12-24-17

 

 

TAL @ CNN: DID DEMS “LOSE LEVERAGE” BY REFUSING TO SHUT DOWN USG OVER DREAMERS?

http://www.cnn.com/2017/12/22/politics/daca-leverage-democrats/index.html

Tal writes:

“Washington (CNN)In the end, the calendar won — and that has some recalculating who will have leverage in January for negotiations on immigration.

Congress finished up its business for the year Thursday night and left town without resolving major outstanding issues — including a resolution for the Deferred Action for Childhood Arrivals program, which lawmakers had repeatedly pledged to fix before the end of the year.
Republicans voted to pass an extension of government funding through mid-January without acting on immigration, health care or disaster spending issues, pushing a showdown into January.
Some DACA advocates worry that by not forcing a government shutdown fight, they gave up leverage for next year.
“I think it’s pretty evident that — how do I say this kindly — that there was some leverage potentially to do (DACA) this year, I think Nancy (Pelosi) and the Democrats kind of abandoned it,” said Republican Rep. Mario Diaz-Balart of Florida, who has long supported immigration reform. “But I’m still committed to getting it done and I think it will get done.”
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DACA protected from deportation young undocumented immigrants who came to the US as children. But after President Donald Trump decided to end the program, DACA permits are set to begin expiring in early March. So the closer talks get to that date, it could make Democrats more desperate to secure a fix, and they will have to swallow more concessions — or at least so some Republicans hope.
“Yeah, I do have concerns about that,” Sen. Kamala Harris, a California Democrat who’s a leading progressive advocate for DACA in the Senate, said about the potential that a deal will get worse for supporters as negotiations slip into the new year.
Supporters also note that despite Trump’s plan to have no permits expire before March by offering a renewal window, more than 20,000 DACA recipients were either unable or unwilling to renew, meaning an average of 122 of them are losing their protections every day. Moreover, experts have expressed concern that any replacement program will take time to establish, resulting in potential gaps in protections the later it gets.
Harris noted the daily number of individuals losing status and living with the fear of possible deportation and inability to work.
“These timelines are not theoretical,” she said. “There is literally a consequence each day we don’t get it done.”
Her concerns were echoed by Republican Rep. Carlos Curbelo of Florida, who has been pushing hard in the House for a compromise on DACA.
“I think the later it gets on this issue, the more difficult it will be to put together a workable compromise for everyone,” Curbelo said.

Negotiations continue

Negotiations will continue during the holiday break on possible solutions such as pairing a DACA fix with conservative asks like border security, interior enforcement and some elements of immigration reform. On the Senate side, Democratic Whip Dick Durbin’s bipartisan working group will continue to meet, likely by phone, according to a source familiar.
Senate Majority Leader Mitch McConnell, a Kentucky Republican, pledged Wednesday to call a bill to the floor if the working group can reach a deal that’s acceptable to both sides.
On the House side, bipartisan talks have made substantial progress and the result of those efforts could be introduced in January, when lawmakers are looking to move a deal, though House leadership has not committed to endorse any of those efforts.
One Republican aide said that if lawmakers can reach a compromise in the time the continuing budget resolution buys them, leverage won’t change much from the end of December. But closer to March is less forgiving for Democrats.
“I don’t think it’s a victory for either side. It epitomizes what Congress does best, which is kicking the can down the road,” the aide said on condition of anonymity in order to speak candidly. “Now, if we manage to kick it down the road past January 19, maybe the dynamic changes.”

Sending a message

Democrats hope that the strong show of force against the continuing resolution — which passed the House with only 13 Democrats and lost 16 Republicans, and passed the Senate with 32 Democratic no votes — will send a message to Republicans that they will have to negotiate in January.
As lawmakers had faced the possibility of a government shutdown over Christmas, Republicans who have had major opposition to various elements of government funding mostly agreed to punt the issue to January. But Democrats expect that the next go-round, they will not be so willing, and Republicans will have to come asking for Democratic votes.
“I think we end up being in a better position, because they cannot hold their caucus,” said Democratic Rep. Ruben Gallego of Arizona. “At some point, the Freedom Caucus and the sort of conservative hawks will end up revolting against a CR, and that’s why we need to stay strong, in the House and in the Senate.”
The Congressional Hispanic Caucus, of which Gallego is a member, made a last-minute march to Senate Minority Leader Chuck Schumer’s office on Thursday to urge him to hold his caucus against the continuing resolution. While it was never expected that Democrats would deny the House-passed CR the votes it needed, especially with vulnerable red state Democrats up for re-election, the hope was that a strong showing of no votes would help send a message to Republicans.
“It keeps the momentum, and I think as we get into more complicated issues like the (spending) cap and others, that presence is just going to get stronger and stronger, because internally they’re going to get to the same point that Boehner was at and Ryan’s been at trying to hold those groups,” said Rep. Raul Grijalva, an Arizona Democrat, referring to former House Speaker John Boehner and current Speaker Paul Ryan.
“I think it’ll intensify and become more urgent and bitter, period,” Grijalva added of January’s new deadline. “There’s no way to go but it getting more bitter.”
******************************************
And, according to this article in yesterday’s Washington Post, Dreamers and their advocates were absolutely outraged at Democrats who went back on their supposed “pledge” and voted to keep the USG open for at least three more weeks. https://www.washingtonpost.com/powerpost/democrats-who-supported-spending-bill-face-angry-backlash-over-immigration/2017/12/22/242a8ef4-e73f-11e7-a65d-1ac0fd7f097e_story.html?utm_term=.04791cbf892d
I think that the Dems will have much the same “leverage” in January, but better “optics.” And, the GOP won’t be able to pass a budget without the Dems help. That’s because of the irresponsible “Bakuninist Wing” of the GOP (a/k/a the “Freedom Caucus”) which is committed to a program of anarchy and destruction of all viable public services. With the holidays over, and most voters (including some of the GOP’s “corporate sponsors”) wanting some Dreamer relief, I think the Dems can hold the line and, if it comes to that which I hope to won’t, let the GOP (after all, they control all branches of Gov) shut things down.
I realize that the Dreamers have been “left behind” before and are growing impatient. But, I think they need to “ease up” a bit on the Dems. The GOP has a fairly narrow base to “play’ to (mostly the rich and the disgruntled who wish they were rich).  But, the Dems have a wider constituency that they need to keep on board. Sending Government workers home for the Christmas holidays without paychecks wouldn’t play so well everywhere. I know that as Government worker, I was upset each time we had a useless “shutdown.”
So, hang in there Dreamers. I think you day will be coming in the near future.
PWS
12-24-17

9th Blasts Trump Again In (Mostly Symbolic) Rejection Of Travel Ban 3.0 – Expect The Supremes Eventually To Hand a Victory To Trump On This One!

https://www.huffingtonpost.com/entry/trump-third-travel-ban-appeals-court_us_5a3da390e4b06d1621b461cc

 

Dan Levine reports for Reuters:

“Reuters) – A U.S. appeals court on Friday said President Donald Trump’s hotly contested travel ban targeting people from six Muslim-majority countries should not be applied to people with strong U.S. ties.

The 9th U.S. Circuit Court of Appeals, which covers several West Coast states, also said its ruling would be put on hold pending a decision on the latest version of the travel ban from the Trump administration by the U.S. Supreme Court.

Since taking office in January, Trump has been struggling to enact a ban that passes court muster.

A three-judge panel from the 9th Circuit narrowed a previous injunction from a lower federal court to those people “with a credible bona fide relationship with the United States.”

It also said that while the U.S. president has broad powers to regulate the entry of immigrants into the United States, those powers are not without limits.

“We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority,” the panel said.

The ban targets people from Chad, Iran, Libya, Somalia, Syria and Yemen seeking to enter the United States. The Republican president has said the travel ban is needed to protect the United States from terrorism.

The state of Hawaii, however, challenged it in court, and a Honolulu federal judge said it exceeded Trump’s powers under immigration law.

Trump’s ban also covers people from North Korea and certain government officials from Venezuela, but the lower courts had already allowed those provisions to go into effect.

The same three judge 9th Circuit panel, which limited a previous version of Trump’s ban, heard arguments earlier this month. Some of the judges appeared more cautious toward the idea of blocking the president’s policy.

Trump issued his first travel ban targeting several Muslim-majority countries in January, which caused chaos at airports and mass protests.

He issued a revised one in March after the first was blocked by federal courts.

That expired in September after a long court fight, and was replaced with the current version.

The ban has some exceptions. Certain people from each targeted country can still apply for a visa for tourism, business or education purposes, and any applicant can ask for an individual waiver.

U.S. Justice Department officials were not immediately available for comment.

(Reporting by Dan Levine in San Francisco and Jon Herskovitz in Austin, Texas; Editing by Tom Brown)”

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

I think the result here is largely a symbolic protest against Trump by the 9th Circuit. The court stayed it’s own order, pending inevitable Supreme Court review; therefore, the ruling changes nothing.

But, in reality, although going through the motions of pressing the lower courts to rule, it appears that the  majority of the Supremes have already decided Travel Ban 3.0 in favor of the Trump Administration. Otherwise, the Supreme’s recent decision to stay the lower court injunctions pending review would fall somewhere between inexplicable to indefensible on the scale of judicial conduct. Justices Ginsburg and Sotomayor dissented from the lifting of the stay. Therefore, I would expect a “split decision,” with the Administration’s margin of victory to be in the range of 5-4 to 7-2.

 

PWS

12-24-17

CHIEF IMMIGRATION JUDGE MARYBETH KELLER’S MEMO DOWNGRADING PROTECTIONS FOR CHILDREN IN IMMIGRATON COURT DRAWS ETHICS COMPLAINT

COMPLAINT AGAINST CHIEF IMMIGRATION JUDGE FOR ORDERING JUDGES TO IGNORE FEDERAL LAWS PROTECTING CHILDREN

The following complaint was filed today against Chief Immigration Judge, MaryBeth Keller for ordering immigration judges to disregard special legal protections for unaccompanied children as mandated by 8 USC 1232(e):

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

You can download the complaint at the link.

Gotta believe that this one will get a quick coat of whitewash from EOIR, particularly since Chief Judge Keller’s “rise through the ranks” of the HQ bureaucracy was fueled, in part, by her role as the Assistant Chief Judge in charge of Judicial Conduct.

I always liked Chief Judge Keller, who once worked for me at the BIA. She’s a fundamentally decent person working for a bad guy (Jeff Sessions) and just trying to hang onto her job and limit the damage as best she can until she’s eligible to retire. I doubt that the “offending (and offensive) memo” was her idea. She was undoubtedly ordered to write it by Acting Director McHenry and his “handlers” at the DOJ. And, it certainly echoes Sessions’s clear bias against all immigrants, particularly young people of color. Remember the completely uncalled for “smear job” he did on “Dreamers” while gleefully announcing their planned demise as if it were some great achievement, rather than something of which we all should be ashamed?

Dreamers make our country better; Gonzo Apocalyto, not so much.

PWS

12-23-17

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How We Reported This Story

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

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

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

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

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

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

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

. . . .

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

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

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

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

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

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

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

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

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

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

. . . .

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

12-23-17

THE HILL: Nolan Says That Expedited Removal Can “Ease The Burden” Of Immigration Detention; I Don’t Think So!

http://thehill.com/opinion/immigration/365829-expedited-removal-can-solve-concerns-with-immigration-detention

Nolan Rappaport writes at The Hill:

“Earlier this month, the DHS Office of Inspector General (IG) released a report on “Concerns about ICE Detainee Treatment and Care at Detention Facilities.” According to the ACLU, the way to address the violationsdescribed in this “damning new report” is to “release people from immigration detention and prohibit ICE from using dangerous and inhumane jails.”

The IG found problems at four of the five detention centers it inspected, but it is a stretch to call the report “damning” or to claim that ICE is “using dangerous and inhumane jails.” Many of the problems were relatively minor, and, apparently, all of them are going to be corrected.

In addition to federal service centers, ICE uses facilities owned and operated by private companies and state and local government facilities. The contracts of facilities that hold ICE detainees require them to adhere to the 2000 National Detention Standards, the 2008 Performance-Based National Detention Standards (PBNDS), or the 2011 PBNDS.

. . . .

The immigration court backlog is so long that, as of October 2017, the average wait for a hearing was 691 days, and Trump’s backlog reduction plan isn’t going to bring it under control.

ICE cannot release detainees because wait-times are too long. Many of them will not return for their hearings. During FY2015, 23.4 percent of the aliens who were released from custody did not return for their hearings, and releases were limited to cases in which there was reason to expect the aliens to return.

I see only two solutions, reduce the backlog by removing aliens from the immigration court and disposing of their cases in expedited removal proceedings, which do not require a hearing before an immigration judge, or have a large legalization program.

Which alternative do you expect the Republicans to choose?”

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Go on over to The Hill to read Nolan’s complete article.

Why Expedited Removal Isn’t the Answer (Leaving Aside The Substantial Legal and Moral Issues Involved):

  • Under Trump, DHS has already “maxed out” the use of expedited removal at the border. 
  • While Trump’s Executive Order called for an expansion of expedited removal to individuals who have been in the country for less than two years, that requires a regulatory change which, curiously, the DH’s has failed to accomplish in the nearly one year since the Executive Order.
  • Even with expedited removal expanded to two years, the vast majority of individuals comprising the “court backlog” have been there at least that long and therefore wouldn’t be candidates for expedited removal.
  • Of those limited number who have been in the U.S. for less than two years, many have already passed “credible fear” or “reasonable fear” and are, therefore, entitled to Individual hearings.
  • Some of those removed from the docket for expedited removal could still pass the “credible fear” or “reasonable fear” process before the Asylum Office and have their cases restored to the Immigraton Court docket (with an entirely new proceedings that would have to “start from scratch”).
  • Under BIA rulings, once proceedings have commenced before the Immigration Court, the DHS can’t unilaterally remove them from the court’s docket for expedited removal. It requires a DHS motion to terminate, a chance for the respondent to be heard in opposition, and a decision  by the Immigration Judge. Given the administrative mess at both EOIR and DHS Chief Counsel, filing and responding to those motions can be an administrative problem. Moreover, although almost all motions to terminate for expedited removal ultimately are granted by the Immigraton Judges, the termination is a “final order” subject to appeal to the BIA.
  • Individuals placed in expedited removal whose “credible fear’ or “reasonable fear” claims are rejected, have a right to expedited review before an Immigraton Judge. Such reviews generally take precedence over other types of cases, but do not produce “final orders” from the Immigraton Judge. At some level, ratcheting up the expedited removal process actually inhibits the processing of previously scheduled cases before the Immigration Court.

What Does Work:

  • Alternatives to Detention (“ADT) such as ankle bracelet monitoring. See, e.g.,  http://lirs.org/wp-content/uploads/2017/06/The-Real-Alternatives-to-Detention-FINAL-06.27.17.pdf   
  • Government statistics show that juveniles with lawyers appear for their hearings over 95% of the time! See, e.g.https://www.justice.gov/eoir/file/852516/download
    • Recent studies of results of The New York Immigrant Family Unity Project, which guarantees lawyers to respondents, showed that such represented individuals were 12 times more likely to win their cases. See https://www.vox.com/policy-and-politics/2017/11/9/16623906/immigration-court-lawyer
    • This strongly suggests that immigration hearings conducted for unrepresented individuals are inherently unfair and a denial of due process, something that should be (but isn’t) the number one concern of the DOJ and EOIR.
    • My own experience at the Arlington Immigration court was that individuals 1) represented by counsel , and 2) with applications for relief filed showed up for their hearings nearly 100% of the time. Indeed, beyond criminal record and family ties, those were the two most significant factors for me in setting immigration bonds.

An Administration truly interested in improving the performance of the Immigration Courts, achieving due process, and lessening the need for immigration detention would be working closely with NGOs, bar associations, states and localities, and ADT providers to develop cooperative  ways of maximizing representation in Immigraton Court, But, this Administration is far more interested in advancing a xenophobic, White Nationalist agenda than it is in fairness, due process, or solving problems.

PWS

12-23-17