GOP’S WAR ON OUR GOVERNMENT CONTINUES — FEDS’ COMPENSATION, RETIREMENT PROGRAMS TARGETED! — GOP WOULD SOCK IT TO MIDDLE CLASS TO GIVE UNNEEDED TAX CUTS TO RICH CRONIES!

https://www.washingtonpost.com/news/powerpost/wp/2017/07/18/gop-again-hits-federal-retirement-in-latest-budget-plan/?utm_term=.4446f1d6d7d6&wpisrc=nl_buzz&wpmm=1

Joe Davidson & Eric Yoder report in the Washington Post:

“The House budget proposal released Tuesday continues Republican efforts to cut federal employees’ compensation by making them pay more for retirement benefits.

Saying they seek “reforms to civil service pensions to put them on a better fiscal path,” the spending plan released by the House Budget Committee calls on staffers “to make greater contributions to their own defined benefit retirement plans.”

While the Republican’s “Plan for Fiscal Responsibility” did not provide details, it echoes previous proposals, including one offered by President Trump this year. He proposed increasing individual out-of-pocket payments toward retirement by 1 percentage point each year until they equal the government’s contribution for those in the Federal Employees Retirement System (FERS).

Over a six-year period, this would result in increased payments of about 6 percent. With no increase in benefits, that would equal a 6 percent drop in pay.

The budget “blueprint” assumes that the main panel overseeing federal employment in the House will take those steps to find the $32 billion in savings over 10 years that the blueprint would require.

The budget plan released by Committee Chairwoman Diane Black (R-Tenn.) also would end the “special retirement supplement,” which pays FERS employees “the equivalent of their Social Security benefit at an earlier age.”

“These plans put the ownership, flexibility, and portfolio risk on the employee as opposed to the employer,” the GOP document says. “Similarly, federal employees would have more control over their own retirement security under this option.”

Federal employee leaders sharply disagree.

“Slashing the pay and benefits of America’s civil servants while lining the pockets of the wealthiest of the wealthy is a shameful way to govern the country and is emblematic of everything that’s wrong with this horrible budget,” said J. David Cox Sr., president of the American Federation of Government Employees.”

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

Read the complete article with charts at the above link.

These guys are shameless. The USG’s career civil service was once a “model program” that states, private employers, and even other countries sought to emulate. It produced an overall talented, motivated, honest, and effective workforce. And, the promise of an adequate, stable, and predictable retirement program underwritten by Uncle Sam was an important part of that success.

The GOP proposes to end all of that and turn the USG into just another lousy employer more interested in his or her own welfare than the well-being of the employees who are the heart and soul of the business. Shifting risk from the “big guys” like the Government, who can actually leverage investment and insurance markets and raise revenues when necessary, to individual employees who are much less well positioned to bear that risk is immoral, not to mention stupid. You get what you pay for. Reducing government employment to the lowest common denominator will essentially make us a third world country.

I dealt with this in Immigration Court all the time. The main difference between the U.S. and countries folks were fleeing (many of which had plenty of natural and human resources) was the lack of government structure and the inability or unwillingness of government to be an “honest broker” serving the needs of the people at large. In too many countries, corrupt governments are seen as primarily furthering the power and interests of those at the “top of the pile” and keeping everyone else in line.

We once had a President who sought to create a U.S. Government of “the best and the brightest.” Sadly, those days are long gone. Ultimately, all of us, and particularly those who come after us, will pay the price for the GOP’s endemic lack of vision and decency and their failure to honor and appreciate the massive contributions of career civil servants to to overall success of our nation.

PWS

07-18-17

 

TRAC: More Judges, Fewer Completions, More Backlog — Now Topping 610,000 — Trump’s Gonzo Immigration Policies Adversely Affecting Immigration Courts!

Subject: Immigration Court Dispositions Drop 9.3 Percent Under Trump

==========================================
Transactional Records Access Clearinghouse
==========================================

FOR IMMEDIATE RELEASE

Greetings. The latest available case-by-case data indicate that Immigration Court dispositions have dropped by 9.3 percent since President Trump assumed office. While a larger proportion of this declining total consist of removal orders, cases closed during the past five months (February 2017-June 2017) totaled only 77,084 cases as compared with 84,956 for the same five-month period during 2016.

Under President Trump discretion to defer deporting individuals – irrespective of their circumstances — has largely been abolished. During the first five months of the Trump Administration prosecutorial discretion closures precipitously dropped to fewer than 100 per month from an average of around 2,400 per month during the same five month period in 2016. This decline has contributed to the court’s growing backlog of cases. The backlog reached a record 610,524 cases as of June 30, 2017. This is up from 598,943 at the end of May.

These findings are based upon the very latest case-by-case court records-current through the end of June 2017-that were obtained under the Freedom of information Act and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

To read the full report, please go to:

http://trac.syr.edu/immigration/reports/474/

In addition, many of TRAC’s free query tools – which track the court’ backlog, new DHS filings, court dispositions, the handling of juvenile cases and much more – have now been updated through June 2017. For an index to the full list of TRAC’s immigration tools go to:

http://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

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

The results speak for themselves as Trump’s gonzo enforcement strategy and gross mismanagement of the U.S. Immigration Courts by the Sessions-led DOJ continue to destroy due process in Immigration Court and burden both taxpayers and the rest of the justice system. Go over to TRAC for the full report.

The Trump Administration is taking ADR — Aimless Docket Reschuffling — to new levels of waste and abuse.

Thanks to Nolan Rappaport for bringing g this to my attention.

PWS

07-18-17

TRUMP ADMINISTRATION’S WAR ON AMERICA — Proposals To Restrict Student Visas & Reduce Legal Immigration Will Hurt Economy, National Standing

These articles from today’s Washington Post highlight three “gonzo” immigration proposals driven by the Trump Administration’s white nationalist agenda.

First, the proposal to require nonimmigrant students in the U.S. to apply for annual extensions of stay would roll back the “duration of status program” for students — arguably the single best and most mutually beneficial efficiency move in the history of INS/USCIS. It would also create chaos in student visa programs that not only keep many colleges and universities financially viable, but also fuel American innovation and technological advances in the STEM fields.

Second, proposals to make visa issuance a law enforcement function within the DHS would lead to chaos in the visa issuing program and probably will result in retaliation by other friendly nations. Visas are part of the foreign commerce of the U.S., not a domestic law enforcement program.

Finally, proposals to reduce legal immigration and further restrict legal opportunities for unskilled workers would deprive the U.S. of workers at a time when the growing economy needs them the most. This short-sighted policy would likely lead to the same type of economic stagnation that has plagued EU countries and Japan over the past several decades.

Read the articles here:

https://www.washingtonpost.com/opinions/the-latest-nativist-trump-proposals-would-actually-hurt-american-institutions/2017/07/17/c85765fc-67eb-11e7-8eb5-cbccc2e7bfbf_story.html?utm_term=.570c8e41fee6

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/cutting-legal-immigration-50-percent-might-be-trumps-worst-economic-policy-yet/?utm_term=.ac7808d8383d

Restrictionist policies driven by xenophobia and racism inevitably lead to disaster.

PWS

07-18-17

BIA/DURESS DEFENSE — NEW COMMENTARY FROM JUDGE JEFFREY S. CHASE: “Former IJs and Board Members File Amicus Brief in Negusie Remand”

https://www.jeffreyschase.com/blog/2017/7/17/former-ijs-and-board-members-file-amicus-brief-in-negusie-remand

Jeffrey writes:

“An Amicus brief was recently filed with the BIA on behalf of seven former immigration judges (including myself) and a former BIA board member in the case of Negusie v. Holder.  (In addition to the former Board member, one of the included IJs also served as a temporary Board member).   The case was remanded by the U.S. Supreme Court in order for the Board to determine whether there is a duress exception to the bar to asylum which applies to those who have persecuted others on account of a protected ground.

The context for the brief is as follows.  After initially ceding a limited duress exception to the Board, DHS recently changed its position.  In now opposing such exception, DHS relies in part on its contention that the complex analysis such determinations require would overburden the currently backloggedimmigration courts.

The amicus brief on behalf of the former IJs and Board member offers three primary points in rebuttal to this portion of DHS’s claim.  First, the brief points out that the immigration courts’ present backlog is largely the result of policy decisions made by both EOIR and DHS itself.  As the brief argues, it is disingenuous for DHS to create policies that contribute to the immigration courts’ backlog, and then argue to limit immigration judge’s decision-making authority as a means of alleviating its self-created burden.  The brief adds that such “bureaucratic failures resulting in the immigration court backlog cannot be a reason to deny people their right to a fair and just outcome.”

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

Read Jeffrey’s complete analysis over on his own website at the above link.

Why the “Chevron Doctrine” has gotta go:

Folks, the Supremes remanded the Negusie case in 2009 — that’s right, approximately eight years ago! Since that time, the supposedly “expert” BIA has been screwing around trying to came up with guidance.

It was obvious from the Supreme’s decision that they all had firm opinions on the correct answer (notwithstanding some very disingenuous protests to the contrary). So, why send the case back several levels in the system, all the way to a non-Article III administrative tribunal to make a decision that the BIA is either unwilling or incapable of making in a timely manner?

It’s time for the Supremes to step up to the plate and decide difficult and controversial issues when they are presented to them, not “punt” back to lesser qualified Executive agencies that lack the necessary judicial independence to make the best and fairest decisions. Why have a Supreme Court that is afraid to decide important legal issues?

In the meantime, lives are in the balance as the BIA flounders about trying to reach a decision. U.S. Immigration Judges and lower Federal Courts have had to “go it alone” on real-life cases while the BIA ruminates. Indeed, I had to decide such cases at the trial level on several occasions without any meaningful guidance from the BIA.

Moreover, the obvious unfairness of these delays is well illustrated here. During the eight years at the BIA, the Administration has changed and is now taking a much more restrictive position. But, if the BIA had done its job, the precedent, presumably more generous, would have been established years ago, and many cases would already have been finally determined thereunder.

It’s time to put an end to the absurdly “undue deference” that the Supremes give to non-Article III decision makers on questions of law under Chevron.

PWS

07-17-17

COLBERT I. KING IN WASHPOST OP-ED: “Americans put Trump in the Oval Office. What does that say about the country?”

https://www.washingtonpost.com/opinions/americans-put-trump-in-the-oval-office-what-does-that-say-about-americans/2017/07/14/e6dd8996-67e8-11e7-a1d7-9a32c91c6f40_story.html?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.490e8d0e535b

King writes:

“The vaudeville show that’s running at 1600 Pennsylvania Avenue didn’t book itself into the White House. Nearly 63 million Americans sent that burlesque comedy with headliner Donald Trump to Washington. That 66 million other voters thought otherwise is beside the point. Trump didn’t anoint himself president. Millions put him in office.

What does that tell us about the country?

Was hatred of President Barack Obama, fear of Hillary Clinton, outrage over America’s perceived direction enough to transfer the reins to Trump?

It’s not as if the Trump on display in the Oval Office is not the same Trump we saw on the campaign trail or on reality TV or out and about touting his businesses. He was, by any yardstick, the most unqualified presidential nominee in modern history.

Trump didn’t seize the presidency by deception. For months on end, he was out there for all voters to see, measure and judge. Some of us did offer our preelection assessments, based upon his campaign, well before time came to cast ballots.

In my view, Trump showed himself to be one who could be neither out-demagogued nor out-nastied.

Well in advance of the vote, the country heard Trump’s vile insults and claims: Mexican immigrants are criminals and rapists; Obama wasn’t born in the United States and was an illegitimate president.

 

And his attacks on people. Megyn Kelly: “You could see there was blood coming out of her eyes, blood coming out of her wherever.” Jews: “The only kind of people I want counting my money are little short guys that wear yarmulkes every day.” Sen. John McCain (R-Ariz.): “He’s not a war hero . . . I like people that weren’t captured.” My journalist colleague Serge Kovaleski, who has limited mobility in his arms: “Now the poor guy, you ought to see this guy,” Trump said, before contorting his arms in an apparent impersonation.

Trump the candidate showed himself to be an ignorant, undisciplined, ranting bully who exaggerated and lied without shame. A man who wore a tough-guy masculinity but was actually a coward, who picked on women, demeaned minorities and was thoroughly lacking in human decency.

Trump’s character defects were on full display well before the polls opened.

President Trump’s behavior in the White House has been equally as disgusting and beneath the dignity of that high office.

And now our nation’s capital is being wrenched apart by the Trump-Russia scandal and congressional and federal investigations into the Kremlin’s intrusion in the election.

The country can’t claim not to have seen this coming.”

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

Read King’s full op-ed at the link.

One of the most disturbing aspects of the Trump fiasco is that although he might be “historically unpopular,” his support in the polls has remained steady at around 35% – 40%. That means that at least 1/3 of Americans are willing to accept incompetence, dishonesty, bias, racism, xenophobia, intentional cruelty and divisiveness, nepotism, bullying, anti-intellectualism, scientific ignorance, undermining national security, and misogyny as the “new norms” in America. It essentially means that a substantial number of our fellow Americans have put themselves out of reach of rational political dialogue. That’s going to make America “tough to govern” no matter who wins the next round of elections.

PWS

07-15-17

“KATE’S LAW” — Steinle Family Didn’t Want Her Name Associated With Political Football!

http://www.cnn.com/2017/07/14/politics/kate-steinle-trial/index.html

CNN reports:

“San Francisco (CNN)One minute, Kate Steinle was walking with her dad on a San Francisco pier. The next, she fell to the ground, crying out for help after a bullet hit her in the back and pierced her aorta.

In a matter of hours, Steinle was dead, and police had arrested an undocumented immigrant who they accused of pulling the trigger.
On that summer day in 2015, Donald Trump had barely kicked off his campaign. But the case quickly became a rallying cry for Trump as he called for a crackdown on illegal immigration and railed against sanctuary cities.
In the two years since, candidate Trump has become President Trump, and Steinle’s name echoed in the halls of Congress this month as the House of Representatives passed Kate’s Law, a measure named for her.
But Steinle’s family has balked at her case becoming the symbol of Republicans’ immigration agenda. The attorney defending the suspect in the case says there’s more to the story than meets the eye.
And Juan Francisco Lopez-Sanchez, the undocumented Mexican immigrant who’s accused of killing Steinle and of repeatedly entering the United States illegally, has yet to go on trial.
Lopez-Sanchez appeared in court on Friday, wearing an orange jumpsuit and a blank expression through most of the proceedings.
Here’s the latest on the case: . . . .”
*******************************************************
Read the complete article and get detailed information on the current status of the case at the link.
No surprise that the Trump-Sessions crew and the GOP sponsors of “Kate’s Law” are more interested in scoring political points than the feelings of the family struck by this tragedy.
And, even “enhanced” deportation laws really would’t have prevented this tragedy. The suspect had already been deported five times.
Thanks to star CNN immigration beat reporter Tal Kopan for alerting me to this article to which she contributed.
PWS
07-14-17

REVEAL: DUE PROCESS OUTRAGE — DHS MOVES TO DEPORT VULNERABLE CHILDREN WHO HAVE BEEN APPROVED FOR GREEN CARDS — FEDERAL COURTS NEED TO STEP UP TO THE PLATE AND END THE MISUSE OF EXPEDITED REMOVAL BY DHS!

https://www.revealnews.org/article/a-judge-said-these-kids-get-a-green-card-ice-says-they-get-deported/

Bernice Yeung writes in Reveal:

. . . .

“A Pennsylvania judge and the U.S. Citizenship and Immigration Services, a branch of the Department of Homeland Security, have decided that V.G. deserves to stay in the United States.

But another arm of department, Immigration and Customs Enforcement, says he must go. And, under what’s known as “expedited removal,” immigration officials can skip the traditional removal process in front of immigration judges.

Instead, officials are given wide latitude to deport migrants under expedited removal, if those migrants are captured within 100 miles of the U.S. border, have been in the country for less than two weeks and don’t have valid travel documents.

Under this deportation regime, the U.S. government has freedom to deport migrants like V.G. and his mother – who were found soon after they crossed the border without immigration papers – with little due process and limited ways for migrants to contest the order.

President Barack Obama made wide use of the policy, and President Donald Trump favors expanding it further.

Created in 1996, the expedited removal policy has been controversial since the start. Those who seek to tighten the borders laud the policy for its efficiency and for promoting deterrence. But immigrant and asylum advocates say that it lacks checks and balances and gives too much discretion to border patrol agents.

But it’s a policy susceptible to errors without a meaningful process to correct them.

Once an immigration official has placed a migrant into expedited removal, there are few ways to contest it. People who can show they are authorized to live in the country are able to challenge expedited removal in federal court. Asylum-seekers also have a chance to make a case that they have a fear of returning to their home countries, but they cannot appeal an unfavorable decision.

Everyone else is returned to their home countries as quickly as possible. They are then barred from returning to the United States for five years.

The U.S. Commission on International Religious Freedom, which has observed expedited removal proceedings since 2005, has found “serious flaws placing asylum seekers at risk of return to countries where they could face persecution.” The ACLU has also documented a case of an asylum-seeker who was quickly deported, only to be raped after she was sent back across the southern border.

Multiple U.S. citizens have been accidentally deported through expedited removal. Foreign workers and tourists with valid visas have also been turned away, prompting a judge to write in a 2010 decision that the expedited removal process is “fraught with risk of arbitrary, mistaken, or discriminatory behavior.”

Nonetheless, various courts across the country have agreed that the law is clear: The courts cannot intercede in expedited removal cases, even if there’s a reason to believe the outcome was unjust.

This has put kids like V.G. in legal limbo, stuck between two competing government mandates. They have a special status to stay in the United States. At the same time, the Department of Homeland Security says it has the authority to deport them.

Immigration officials declined to comment on pending litigation. But in court documents filed in V.G.’s case, the government says the children’s deportation orders are final and their special status doesn’t change things, especially since they have not yet received their green cards.

V.G.’s attorneys argue, among other things, that a federal court has previously required the government to revisit the deportation orders of children once they’re granted the humanitarian status.

That requirement, they say, also extends to expedited removal cases.”

. . . .

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

In addition to being bad policy, this clearly isn’t due process! It’s time for Federal Judges get out of the ivory tower and start enforcing the requirements of our Constitution! Assuming that recent arrivals apprehended at the border with no claim to stay in the U.S. might not get full judicial review (a proposition that I question), these kids are different, having been approved for green cards and merely waiting in line of a number to  become available in the near future. In the past, the policy of the DHS has invariably been to allow such individuals to remain in the U.s. pending availability of a visa number — even when that process might take years.

Thanks much to Nolan Rappaport for spotting this item and forwarding it to me!

PWS

07-10-17

THERE IS A REAL THREAT TO OUR NATIONAL SECURITY — AND IT’S GOT NOTHING TO DO WITH GRANDPARENTS, MEXICAN WORKERS, OR CENTRAL AMERICAN REFUGEES!

https://www.washingtonpost.com/opinions/trumps-behavior-is-the-biggest-threat-to-us-national-security/2017/07/09/a5d3a842-64a8-11e7-8eb5-cbccc2e7bfbf_story.html?hpid=hp_no-name_opinion-card-b%3Ahomepage%2Fstory&utm_term=.6a555fb6107b

Lawrence H. Summers writes in a WashPost op-ed:

“Confusing civility with comity is a grave mistake in human or international relations. Yes, the Group of 20 summit issued a common communique after the leaders’ meeting. Some see this as an indication that some normality is being restored in international relations between the United States and other countries. The truth is that at no previous G-20 did the possibility occur to anyone that a common statement might not be agreed to by all participants.

Rather than considering agreement on a communique as an achievement, it is more honest and accurate to see its content as a confirmation of the breakdown of international order that many have feared since Donald Trump’s election. And the president’s behavior in and around the summit was unsettling to U.S. allies and confirmed the fears of those who believe that his conduct is currently the greatest threat to American national security.

The existence of the G-20 as an annual forum arose out of a common belief of major nations in a global community with common interests in peace, mutual security, prosperity and economic integration, and the containment of global threats, even as there was competition among nations in the security and economic realms. The idea that the United States should lead in the development of international community has been a central tenet of American foreign policy since the end of World War II. Since the collapse of the Soviet Union, the aspiration to international community has been an aspiration to global community.

All of this is troubling enough. The elephant in the room, however, is the president’s character and likely behavior in the difficult times that come during any presidential term. Biographer Robert Caro has observed that power may or may not corrupt but it always reveals. Trump has yet to experience a period of economic difficulty or international economic crisis. He has not yet had to make a major military decision in a time of crisis. Yet his behavior has been, to put it mildly, erratic.

. . . .

A corporate chief executive whose public behavior was as erratic as Trump’s would already have been replaced. The standard for democratically elected officials is appropriately different. But one cannot look at the past months and rule out the possibility of even more aberrant behavior in the future. The president’s Cabinet and his political allies in Congress should never forget that the oaths they swore were not to the defense of the president but to the defense of the Constitution.”

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

The Administration’s fear-mongering, xenophobia, insulting rhetoric, environmental destruction, and sometimes outright racism is a smokescreen to divert attention from the real threat to American’s national security — Donald Trump, some of his right wing extremest supporters, and the “fellow travelers” in Congress otherwise known as the GOP.

PWS

07-09-17

 

 

 

WHITE NATIONALISTS IN WHITE HOUSE AIM TO STRIP VISA AND REFUGEE FUNCTIONS FROM STATE DEPT!

https://www.washingtonpost.com/opinions/global-opinions/battle-emerging-inside-trump-administration-over-who-controls-immigration-and-refugees/2017/07/09/006c6e9a-6357-11e7-8adc-fea80e32bf47_story.html?hpid=hp_no-name_opinion-card-c%3Ahomepage%2Fstory&utm_term=.afef8f7696dd

Josh Rogin writes in a WashPost op-ed:

“When President Trump spoke of the need to defend Western civilization in Poland last week, many saw an effort by him and some of his top White House advisers to redefine the mission of American foreign policy away from building relationships and spreading democratic principles, to a more protective stance drawing sharp lines between the United States and those perceived as threats.

One emerging flash point in that struggle is the internal administration debate over which part of the government should be in charge of deciding who gets into the United States.

Ever since the passage of the Immigration and Nationality Act in 1952, that mission has been charged to the State Department. Thousands of diplomats not only stamp passports and issue visas, but also craft policy and make recommendations about who gets to visit, work and seek refuge in the United States. That tradition has now come into question.

A document crafted by senior White House advisers, first reported by CNN, includes proposals to move the State Department’s Bureau of Consular Affairs and Bureau of Population, Refugees and Migration over to the Department of Homeland Security. White House policy adviser Stephen Miller, who helped craft the document, has reportedly been pushing Secretary of State Rex Tillerson to get “tougher” on immigration, vetting and refugee policy at the State Department.

. . . .

That nativist strain in the White House is represented by Miller, who was the principal author of Trump’s travel ban, which targeted six Muslim-majority countries, as well as of Trump’s speech last week in Poland, which cast the mission of U.S. foreign policy as one based on threats, not relationships.

“The fundamental question of our time is whether the West has the will to survive,” Trump said. “Do we have enough respect for our citizens to protect our borders? Do we have the desire and the courage to preserve our civilization in the face of those who would subvert and destroy it?”

Viewing immigration and refugee programs through that lens alone is the opposite of courage. Only through a humane, non-discriminatory approach, led by diplomats and integrated with the rest of American foreign policy, can the United States achieve long-term stability abroad and security at home.”

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

Sometimes, all you need to know about a “bureaucratic reorganization” is who is sponsoring it. On its face, combining all immigration related functions in one agency could make sense and has been discussed in various forums for years. But, once we know that racist white nationalist Stephen Miller, a disciple of Steve Bannon and Jeff Sessions, is sponsoring the proposal, it’s obvious that it has nothing to do with efficiency or security and everything to do with advancing a racist, xenophobic, white nationalist agenda. That an out of touch, anti-social, extremist like Miller, who has no known positive accomplishments in his life, should be in the White House and shaping national and international policy should be of concern to every American who believes in the tenants of Western liberal democracy.

PWS

07-09-17

 

 

WASHPOST OUTLOOK — BRITINI DANIELLE: “Sally Hemings wasn’t Thomas Jefferson’s mistress. She was his property!” — When Will We Come To Grips With The Reality That The America We Know And Love Literally Was Built On The Backs Of Enslaved Blacks?

https://www.washingtonpost.com/outlook/sally-hemings-wasnt-thomas-jeffersons-mistress-she-was-his-property/2017/07/06/db5844d4-625d-11e7-8adc-fea80e32bf47_story.html

Danielle writes:

“Archaeologists at Thomas Jefferson’s Virginia plantation, Monticello, are unearthing the room where Sally Hemings is believed to have lived, allowing for a new way to tell the story of the enslaved people who served our third president. The excavation has once again reminded us that 241 years after the United States was founded, many Americans still don’t know how to reconcile one of our nation’s original sins with the story of its Founding Fathers.

Just before the Fourth of July, NBC News ran a feature on the room, setting off a spate of coverage about the dig. Many of these stories described Hemings, the mother of six children with Jefferson, as the former president’s “mistress.” The Inquisitr, the Daily Mail, AOL and Cox Media Group all used the word (though Cox later updated its wording). So did an NBC News tweet that drew scathing criticism, though its story accurately called her “the enslaved woman who, historians believe, gave birth to six of Jefferson’s children.” The Washington Post also used “mistress” in an article about Hemings’s room in February.

Language like that elides the true nature of their relationship, which is believed to have begun when Hemings, then 14 years old, accompanied Jefferson’s daughter to live with Jefferson, then 44, in Paris. She wasn’t Jefferson’s mistress; she was his property. And he raped her.

Such revisionist history about slavery is, unfortunately, still quite common. In 2015, Texas rolled out what many saw as a “whitewashed ” version of its social studies curriculum that referred to enslaved Africans as “immigrants” and “workers” and minimized slavery’s impact on the Civil War. One concerned parent spoke out, forcing a textbook publisher to revise some of the teaching materials.

In a speech at the Democratic National Convention last year, Michelle Obama reminded Americans that no less a symbol of our government than the White House was built by those in bondage. In response, then-Fox News host Bill O’Reilly offered a softer, gentler take: Those enslaved workers were “well fed and had decent lodgings provided by the government,” he said. That they had no choice in their food, lodging or whether they even wanted to do the backbreaking work of building Washington by hand was nowhere to be found in O’Reilly’s version.

. . . .

Romanticizing Hemings and Jefferson’s so-called relationship minimizes the deadly imbalance of power that black people suffered under before the Civil War. It also obscures our collective history as a nation that moved from being built on the blood, bones and backs of enslaved African Americans and indigenous people, to being the imperfect, hopeful and yet still unequal country we are today.”

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Four of our first five U.S. Presidents had no visible means of support other than the free labor provided by enslaved African Americans. In other words, they were incapable of, or chose not to, make an “honest” living, essentially freeloading off of “welfare” provided by their enslaved workers.

And it wasn’t just the south. Much of the prosperity of the New England merchant class rested directly or indirectly on the profitable slave trade or the agricultural products produced by slave labor in the south. As pointed out in the article, enslaved black workers literally built our nation’s capitol.

Nor were religious institutions absolved of the taint. Georgetown University (where I teach at the Law School), a Jesuit institution, recently had to come to grips with the fact that it sustained itself by literally selling black families “down the river” where many of them were permanently separated.

Even after the Civil War, which, contrary to apologist historians, was driven almost entirely by slavery and keeping blacks from sharing in democracy, the white power structure in both the north and the south cooperated in undermining the 14th Amendment for more than a century. Today, politicians like Donald Trump, Jeff Sessions, and Kris Kobach, assisted by their “groupies” like Steve Bannon and Stephen Miller, seek to turn back the clock on our nation’s hard-earned progress toward racial equality.

Why as a nation do we have so much difficulty acknowledging the immoral conduct of many of our founders and the overwhelming debt we owe to those black Americans whose skills, perseverance, and hard work literally built America?

PWS

07-07-17

 

IN MEMORIAM: The Passing Of An Unsung American Hero, William Gannett! 🇺🇸🇺🇸🇺🇸

As we all know, July 4 is the date of death for a number of noted American patriots, including, of course, founding fathers, Presidents, and long-time “frenemies” Thomas Jefferson and John Adams.

But, July 4, 2017 saw the passing of a less recognized but equally inspiring American patriot, William Gannett, the father of my Sig Ep fraternity brother at Lawrence University, Bris Gannett. William’s passing marks the “final wind- down” for the “Greatest Generation.” William was a modest man, yet a true American hero, risking his life to fly B-25 bombers in defense of our country, and indeed Western Civilization, during World War II. It’s thanks to William and others like him that folks like me have been able to spend our lives in a world dominated by the values of Western Democracies.

Although he visited Bris on a number of occasions while we were at Lawrence together, unfortunately, I do not have a clear personal recollection of William. But, fortunately, our Sig Ep brother Russ “Biff Stoney” Birkos has filled the gap:

‘Bris Gannett called me yesterday to let me know that his father had passed away on July 4th.  He was 94 and had been in ill health for the past several months.  Those of you who remember Mr. Gannett on his many trips to the Sig Ep house, will recall that he was a gracious, friendly, giving, and generous man who, despite the age difference, became a close and genuine friend to many of us at the house.  He was also, in my opinion, an American hero.  Like so many of our fathers’ generation, he served proudly and courageously as a B-25 pilot in World War Two.  Shortly after Barb and I married, we were stationed in central Massachusetts, just about an hour and a half from the Boston suburb of Hopedale, where the Gannetts made their home.  Mr. Gannett and his wife, who preceded him in death a few years ago, treated Barb and me as if we were a close part of the family, having us as guests for hockey games, family dinners, and other events.  They remain some of the most charming people Barb and I have ever known.  I hope you might take a minute to drop “Gisr” a note and add your thoughts to mine on the life of a truly great man.”

Thanks for your service, Mr. Gannett! And for literally “making the world safe for democracy” and those of us who appreciate it. It goes without saying that in Bris (“The Gisr”) you and your wife left an outstanding legacy. Rest in peace, and thanks again for your service in war and the example of human kindness and caring about others that you set in peace.

Gisr, my friend, although it’s been a while now, Cathy’s and my thoughts are with you as you reflect upon your father and his heroic and truly meaningful life.  And, thanks, Biff, for passing this along.

With best wishes,

Wick

07-06-17

UPDATE:

Here’s a correction from “The Gisr” himself:

“I will have to correct one item. Dad actually flew a P-38 Lightning in WWII as part of the 34th Photo Recon Squadron (“The Flying Monkeys”)

in the Europe theater until the end of the war. His aircraft was outfitted with cameras instead of guns. They were fast and could out fly anything

the Germans had. He was involved with much of the D-Day mapping . But like many of those who were in WWII, Dad rarely talked about

his experiences. But he was a true American hero, for sure !!”

Even more impressive and courageous!

PWS

07-08-17

 

 

 

KATHERINE M. REILLY NAMED ACTING DEPUTY DIRECTOR OF EOIR — Also, My “Mini-History” Of EOIR Directors

Here’s the official DOJ press release:
FOR IMMEDIATE RELEASE
Monday, July 3, 2017

Executive Office for Immigration Review Announces New Acting Deputy Director

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Katherine H. Reilly as the agency’s Acting Deputy Director. Ms. Reilly has served as Chief Counsel of the Employee and Labor Relations Unit within EOIR’s Office of General Counsel since December 2013.

“Katherine’s varied and impressive legal experience makes her well-suited for assuming the position of Acting Deputy Director at EOIR, especially during this important time when we are mobilizing all of our resources to combat a growing caseload,” said Acting Director James McHenry. “The skills she has acquired as a manager and through her work in employee and labor relations are critical for the agency, both to meet its current challenges and to establish effective policies and procedures for the future.”

In her new capacity as Acting Deputy Director, Ms. Reilly will supervise EOIR’s components and will be responsible for assisting in leading the agency in formulating and administering policies and strategies which enhance EOIR’s effectiveness in fulfilling its core mission of adjudicating cases fairly, expeditiously, and uniformly

Katherine H. Reilly joined EOIR in December 2013 as Chief Counsel of the Employee and Labor Relations Unit within the Office of General Counsel. Prior to her tenure with EOIR, she was the Director of Legal Services for the U.S. Postal Service Office of Inspector General, managing that agency’s employee relations team, civil litigation section, and contracting division. Ms. Reilly also served as a Special Assistant U.S. Attorney for criminal prosecutions in the Northern District of Texas. She began her career with the Federal Trade Commission as an antitrust attorney and also worked for a law firm, advising corporate clients on antitrust and commercial litigation. Ms. Reilly received her Bachelor of Arts and Juris Doctor degrees from the University of Texas at Austin and earned a Master of Laws degree from the University of Melbourne, Australia. Ms. Reilly is a member of the District of Columbia and Virginia bars.

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Congratulations, good luck and best wishes to Acting Deputy Director Reilly.

And, here’s my “Mini-History of EOIR Directors:”

EOIR MINI-HISTORY: DIRECTORS AND DEPUTY-DIRECTORS

by Paul Wickham Schmidt

U.S. Immigration Judge (Retired) & Adjunct Professor of Law, Georgetown Law

 

When EOIR was created within the DOJ in 1983, it merged the previously “stand-alone” Board of Immigration Appeals (“BIA”) with the Immigration Judges, who were previously part of the “Legacy” Immigration and Naturalization Service “INS”). David Milhollan, who was then the Chairman of the BIA also (somewhat reluctantly) became EOIR’s first Director, while retaining his position as Chair, thereby effectively merging the positions of Director and Chair.

 

Upon Milhollan’s retirement, in 1995 the positions were separated to increase the decisional independence of the BIA. For awhile, Jack Perkins, then Chief Administrative Hearing Officer, served as Acting Director. Attorney General Janet Reno named long-time DOJ Senior Executive Anthony C “Tony” Moscato, who had most recently served as the Director of the Executive Office for U.S. Attorneys, the second Director. I was appointed to the now separate position of BIA Chair. Moscato and I had significant roles in the 1983 creation of EOIR.

 

Moscato, noting the growth of EOIR’s functions, recommended the creation of the position of EOIR Deputy Director. Attorney General Janet Reno appointed Kevin D. Rooney as the first Deputy Director. Rooney had served as the Assistant Attorney General for Administration during several Administrations and was in private practice at the time of his appointment.

 

Eventually, Moscato sought and received appointment as a BIA Member. (Thereby going from my “immediate supervisor” to my “direct subordinate,” although these terms make little sense in the EOIR context because neither the Director nor the Chairman has authority to direct the decision-making of Board Members). Rooney succeeded Moscato as the third Director. Then EOIR General Counsel Peg Philbin became the Deputy Director.

 

Philbin served as Acting Director while Rooney was the Acting Commissioner of the INS for a few months during the Bush Administration (uh, talk about conflicts and perceptions, but that really wasn’t a strong point for the Bush II Administration either), but she eventually left EOIR to become a Senior Executive at the State Department. Then Board Member Kevin Ohlson replaced her as Deputy Director. Upon Rooney’s retirement, Deputy Director Ohlson succeeded him as the fourth Director. Ohlson had also held a number of Senior Executive positions within the DOJ prior to his brief stint as a Board Member.

 

When Eric Holder became Attorney General, Ohlson left EOIR to become his Chief of Staff. After some time, during which Judge Thomas Snow served as Acting Director, Juan P. Osuna, then a Deputy Assistant Attorney General in the Civil Division, became the fifth Director. Osuna had also been BIA Chair, BIA Vice Chair, and a Board Member. Ana M. Kocur, then a BIA staff supervisor, was selected to be Osuna’s Deputy.

 

Upon the departure of Osuna and Kocur in May 2017, both the top executive positions in EOIR became vacant. Interestingly, while two former BIA Chairs, Milhollan and Osuna, became Directors, EOIR has never had a Director who had served as a U.S. Immigration Judge at the trial level of the system, although the Immigration Judge program is by far the largest “adjudicating component” of EOIR.

 

Also, no former Immigration Judge has ever held the Deputy Director position. However, as noted above, one current Immigration Judge, Judge Thomas Snow, held the position of Acting Director during the interim between Ohlson’s departure and Osuna’s appointment. Snow, a former top executive in the DOJ’s Criminal Division before his appointment to the bench, was well regarded and well liked by the sitting Immigration Judges. Reportedly, he was offered the position on a permanent basis, but turned it down to return to the Arlington Immigration Court bench where he remains (thus having “outlasted” Osuna).

 

The Director is an unusual position in that as a non-judicial official, he or she is specifically excluded from having any substantive role in EOIR’s sole function: quasi-judicial adjudication. In a future, better-functioning, independent U.S. Immigration Court system, the Chief Appellate Judge (now BIA Chair) would resume the formal role as administrative head of the judicial system, along the lines of the relationship between the Chief Justice and the rest of the Article III Judiciary. The “Director” position would become the “Executive Director of the Administrative Office” subordinate to the Chief Appellate Judge.

 

With the elimination of the inherently political role of the DOJ in the U.S. Immigration Court system, there no longer would be a need to for the largely fictional perception that the “Director” serves as a “buffer” between the “adjudicating components” and the political and litigation officials at the DOJ. The current problems of the U.S. Immigration Court well illustrate the insurmountable difficulties of attempting to run one of the nation’s largest and most important court systems as an “agency” of a political department. Even if the DOJ had the will to allow the Immigration Courts to function independently, it lacks the competence and expertise in court administration to successfully support such a system.

 

The only real question is when will Congress finally face reality and create a truly independent and properly functioning U.S. Immigration court system?

 

PWS

07-06-17

 

 

 

9th Circuit Upholds Judge Gee’s Order Requiring Bond Hearings For Children! — Flores v. Sessions!

http://www.latimes.com/local/lanow/la-me-ln-minor-immigrants-9th-circuit-20170705-story.html

Maura Dolan reports in the LA Times

“Minors who enter the U.S. without permission must be given a court hearing to determine whether they can be released, a federal appeals court panel decided unanimously Wednesday.

A three-judge panel of the U.S. 9th Circuit Court of Appeals said immigration authorities continue to be bound by a 1997 lawsuit settlement that guaranteed court hearings for minor immigrants, set standards for their detention and established a policy in favor of their release.

Following that settlement, Congress passed two laws dealing with unaccompanied minor immigrants. The federal government argued those laws replaced the settlement and revoked the right to bond hearings.

The 9th Circuit disagreed.

“In the absence of such hearings, these children are held in bureaucratic limbo, left to rely upon the [government’s] alleged benevolence and opaque decision making,” Judge Stephen Reinhardt, a Carter appointee, wrote for the court.

The settlement of Flores vs. Janet Reno required that juveniles detained near the border or elsewhere without a parent must be given bond hearings.

The hearings gave minors the right to a lawyer, an opportunity to learn and challenge government evidence against them and the right to contest being locked up, the panel said.

The 9th Circuit cited evidence that the government has been holding minors for months or even years without hearings, even when parents are nearby and can care for them.

Among them was a boy identified only as Hector, who was detained in California at the age of 15 for 480 days, mostly in a locked facility in Yolo County. The ruling did not say why Hector was picked up.

In a declaration, Hector described the Yolo County facility as a prison, where minors were locked in cells at night to sleep on cement benches with mattresses.

During 16 months there, Hector was not given a lawyer or an explanation about why he was being held even though his mother in Los Angeles was seeking his release, the 9th Circuit said.

Without any explanation, the federal government released Hector in December “into the custody of the person who had been advocating for his freedom all along — his mother,” Reinhardt wrote.

The court cited evidence that some juveniles have agreed to deportation rather than face continued incarceration without their families.

“Unaccompanied minors today face an impossible choice between what is, in effect, indefinite detention in prison, and agreeing to their own removal and possible persecution” in their native countries, Reinhardt wrote.

The ruling upheld a decision by Los Angeles-based U.S. Dist. Judge Dolly M. Gee, an Obama appointee.

The government may appeal the panel’s decision to a larger 9th Circuit panel or to the U.S. Supreme Court.

Lawyers in the case could not be reached for comment.”

Here’s a link to the 9th Circuit’s full 40-page opinion:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/05/17-55208.pdf

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If you want to skip the legal gobbledygook (although the fact situations described are interesting and meaningful), the bottom lines are: 1) the last four Administrations have been to varying degrees tone-deaf to the needs of unaccompanied minors subject to immigration proceedings; 2) bond hearing before U.S. Immigration Judges play a critical role in protecting the rights of children and insuring due process.

PWS

07-05-17

 

A BELATED HAPPY 4TH OF JULY FROM BOOTHBAY HARBOR, ME 🎆🇺🇸😎🍻

SMELLING A RAT (NAMED KOBACH), MANY STATES DECLINE TO PROVIDE VOTER INFO TO BOGUS TRUMP COMMISSION LOOKING FOR VOTER FRAUD — GOP’S WELL-KNOWN VOTER SUPPRESSION EFFORTS TURN OFF MANY!

https://www.washingtonpost.com/national/trumps-voting-commission-asked-states-to-hand-over-election-data-theyre-pushing-back/2017/06/30/cd8f812a-5dce-11e7-9b7d-14576dc0f39d_story.html?hpid=hp_hp-top-table-main_voterintegrity-625pm:homepage/story&utm_term=.5cd2f8de9d8d

The Washington Post reports:

“President Trump’s voting commission stumbled into public view this week, issuing a sweeping request for nationwide voter data that drew sharp condemnation from election experts and resistance from more than two dozen states that said they cannot or will not hand over all of the data.

The immediate backlash marked the first significant attention to the Presidential Advisory Commission on Election Integrity since Trump started it last month and followed through on a vow to pursue his own unsubstantiated claims that voter fraud is rampant and cost him the popular vote in the presidential election. The White House has said the commission will embark upon a “thorough review of registration and voting issues in federal elections,” but experts and voting rights advocates have pilloried Trump for his claims of widespread fraud, which studies and state officials alike have not found. They say that they fear the commission will be used to restrict voting.

Those worries intensified this week after the commission sent letters to 50 states and the District on Wednesday asking for a trove of information, including names, dates of birth, voting histories and, if possible, party identifications. The letters also asked for evidence of voter fraud, convictions for election-related crimes and recommendations for preventing voter intimidation — all within 16 days.

While the Trump administration has said it is just requesting public information, the letters met with swift — and sometimes defiant — rejection. By Friday, 25 states were partially or entirely refusing to provide the requested information; some said state laws prohibit releasing certain details about voters, while others refused to provide any information because of the commission’s makeup and backstory.

President Trump signed an executive order on May 11, initiating an investigation into voter suppression and election fraud. Here’s what we know so far. (Patrick Martin/The Washington Post)

“This entire commission is based on the specious and false notion that there was widespread voter fraud last November,” Virginia Gov. Terry McAuliffe (D) said in a statement. “At best this commission was set up as a pretext to validate Donald Trump’s alternative election facts, and at worst is a tool to commit large-scale voter suppression.”

California, a state Trump singled out for “serious voter fraud,” also refused to participate. Alex Padilla, the California secretary of state, said providing data “would only serve to legitimize the false and already debunked claims of massive voter fraud.”

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

Read the complete article at the link.

Gee whiz, why would anyone think that a Commission led by notorious white nationalist, racist, xenophobe Kris Kobach, in behalf of the GOP, which has been on the forefront of voter suppression efforts, formed because The Donald can’t face the fact that Hillary was more popular than he was, would have any ulterior motives up its sleeve! Oh yeah, and did I mention that Kobach recently was sanctioned by a Federal Judge for unethical behavior? See http://immigrationcourtside.com/2017/06/24/federal-judge-sanctions-kobach-for-misconduct-in-ks-voting-rights-case/

Just one more way the Trump Administration wastes taxpayer money while attacking American democracy.

PWS

07-02-17