⚖️👩🏻‍⚖️👨🏼‍⚖️ SOME FORMER IMMIGRATION JUDGES SPEAK OUT AGAINST DRACONIAN TEXAS BORDER MEASURE!

Texas Border
Abuse of migrants has a long ugly history in Texas.
Public Realm (1948)

“Sir Jeffrey” Chase forwarded coverage from the Dallas Morning News containing these quotes:

 

Former immigration judges

Two former federal immigration judges, appointed by Republican and

Democratic presidents, raised concerns over state judges being tasked with

handling immigration cases.

“It makes no more sense for a state magistrate trained in state law to engage in

the interpretation and application of federal immigration law than it does for a

federal immigration judge …trained in federal to engage in an interpretation

and application of Texas law,” said Bruce J. Einhorn, a former immigration

judge appointed by President George H.W. Bush in 1990.

“It’s hard to comment on something that’s just so plainly unlawful and plainly

unconstitutional,” said Rebecca Bowen Jamil, a former federal immigration

judge appointed by President Barack Obama in 2016. “The state court judge

doesn’t have the training — doesn’t have the expertise — to protect the

constitutional rights of that individual before them.”

Einhorn and Jamil were among dozens of former federal immigration

judges who signed a statement saying the proposal violates the law.

Dallas Morning News article 11.14

CLARIFICATION: While a number of members of the Round Table signed this letter in a “personal capacity,” the Round Table, as an organization did not take a position on this issue.

For a deeper dive into the history of “Juan Crow” racism in Texas — the truth that Gov. Greg Abbott and the GOP don’t want you to know, see, e.g.,  https://www.nbcnews.com/news/latino/history-racism-against-mexican-americans-clouds-texas-immigration-law-n766956.

Juan Crow in Texas
Signs like the one in this undated image were displayed at various restaurants and other pubic accommodations under a system known as “Juan Crow” laws.Russell Lee / Dolph Briscoe Center for American History

🇺🇸 Due Process Forever!

PWS

11-16-23

UPDATE FROM HON. “SIR JEFFREY” CHASE:

Hi all: The Texas state law was passed by both houses of the Texas legislature, and is expected to be signed into law.

The letter from 30 individual members of this group was specifically mentioned yesterday on CNN’s The Lead with Jake Tapper.

I think this link will take you to the section in which the former judges’ letter is mentioned (at the 2:52 mark).

Best, Jeff

DPF!

 

PWS

11-16-23

☠️🤮🤯 ‼️🆘 WARNING: TRUMP GOES “FULL HITLER” IN HATEFUL, UNHINGED VETERANS’ DAY RANT! — Why Aren’t The “Mainstream Media” & U.S. Voters Takng This Assault On Humanity, Decency & Democracy Seriously! 🤯

Hitler
How soon we forget the horrors of 1939, at our own peril!
Public Realm

https://www.washingtonpost.com/politics/2023/11/12/trump-rally-vermin-political-opponents/

By Marianne LeVine

November 12, 2023 at 5:45 p.m. ET

Former president Donald Trump denigrated his domestic opponents and critics during a Veterans Day speech Saturday, calling those on the other side of the aisle “vermin” and suggesting that they pose a greater threat to the United States than countries such as Russia, China or North Korea. That language is drawing rebuke from historians, who compared it to that of authoritarian leaders.

“We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections,” Trump said toward the end of his speech, repeating his false claims that the 2020 election was stolen. “They’ll do anything, whether legally or illegally, to destroy America and to destroy the American Dream.”

Trump went on further to state: “the threat from outside forces is far less sinister, dangerous and grave than the threat from within. Our threat is from within. Because if you have a capable, competent, smart, tough leader, Russia, China, North Korea, they’re not going to want to play with us.”

The former president’s speech in Claremont, N.H., echoed his message of vengeance and grievance, as he called himself a “very proud election denier” and decried his legal entanglements, once again attacking the judge in a New York civil trial and re-upping his attacks on special counsel Jack Smith. In the speech, Trump once again portrayed himself as a victim of a political system that is out to get him and his supporters.

Yet Trump’s use of the word “vermin” both in his speech and in a Truth Social post on Saturday drew particular backlash.

“The language is the language that dictators use to instill fear,” said Timothy Naftali, a senior research scholar at Columbia University’s School of International and Public Affairs. “When you dehumanize an opponent, you strip them of their constitutional rights to participate securely in a democracy because you’re saying they’re not human. That’s what dictators do.”

Ruth Ben-Ghiat, a historian at New York University, said in an email to The Washington Post that “calling people ‘vermin’ was used effectively by Hitler and Mussolini to dehumanize people and encourage their followers to engage in violence.”

“Trump is also using projection: note that he mentions all kinds of authoritarians ‘communists, Marxists, fascists and the radical left’ to set himself up as the deliverer of freedom,” Ben-Ghiat said. “Mussolini promised freedom to his people too and then declared dictatorship.”

. . . .

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

Doubt the comparison? Check this out:

Nazi propaganda and “vermin”

In 1942, Adolf Hitler described Jews living in Germany as an “inferior race that multiplies like vermin.”

“The Nazis dehumanized the Jews. Nazi propaganda is replete with references to Jews as vermin, rats or parasites,” according to Harriet Over, a researcher in psychology at the University of York.

We are still creating [monsters]. We see it in … Russian attitudes toward Ukrainians, in Hindu Islamophobia, and in American racism against Black people,” psychologist David Livingstone, a professor at the University of New England in Maine, told EL PAÍS.

It wasn’t just Germany.

In 1909, a U.S. satirical magazine, Puck, published a cartoon that showed Uncle Sam as a pied piper leading a group of immigrants from Europe. The immigrants were rats. Sending them off: smiling, well-dressed White men.

. . . .

https://themoderatevoice.com/trump-channels-hate-and-hitler-in-veterans-day-speech-tells-supporters-those-others-are-vermin/

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

I appreciate that Marianne LeVine of WashPost was one of the few “mainstream journalists” with the guts to make the painfully obvious connection and comparison between Trump’s insane threats and Hitler, Mussolini, and other horrible dictators!

Marianne LeVine
Marianne LeVine
Political Reporter
Washington Post
PHOTO: WashPost

Even so, it was only “page 2” news in today’s Post, apparently being of far less concern to her editors than the plans of Middle Eastern countries to “upend global sports!” Harkens back to 1936, when participating in Hitler’s “Aryan Showcase Olympics” was more important to the U.S. and other Western Democracies than protesting and condemning Hitler’s ongoing persecution of Jews!

There was a time in the not too distant past when use of racist, neo-Nazi language like Trump’s would have earned an immediate forceful condemnation from politicians across the political spectrum, from the media, and would have ended a candidacy. Now, it’s “just another day at the office.” Hate, lies, racism, and threats by a powerful national politician, a former President no less, cause barely a ripple in our national political dialogue. Not even front page news! Not covered at all by most “legitimate” news outlets! Yet the threat to our nation is real! Very real!

And, in case anyone still doubts the existential threat to American democracy and civilization itself posed by Trump and his anti-American followers, his “plans” include politicization of government, economic chaos, increasing global warming, and destabilization of the U.S. and world economies. See, e.g., http://enewspaper.latimes.com/infinity/article_share.aspx?guid=019284ab-7357-40c1-91c7-112654eb687a.

Deranged, false claims of being a “victim,” turning vengeance into a “holy quest,” dehumanizing enemies, uber race-based nationalism, presenting personal grievances as national priorities, and complete disregard for the common good were staples of Hitler’s National Socialism as they are of Trumpism! The question remains whether the U.S. will be able to stand up for democracy, reject Trumpism, and prevent a return to the horrific time of 1939! See alsohttps://immigrationcourtside.com/just-say-no-to-1939-how-judges-can-save-lives-uphold-the-convention-and-maintain-integrity-in-the-age-of-overt-governmental-bias-toward-refugees-and-asylum-seekers/.

🇺🇸 Due Process Forever!

PWS

11-13-23

🤯 POLITICS: (SADLY) YOU CAN’T MAKE THIS STUFF UP! —  Bess Levin @ Vanity Fair With The (Very) Low Down On MAGAMIKE!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

https://www.vanityfair.com/news/2023/10/everything-to-know-about-mike-johnson?utm_source=nl&utm_brand=vf&utm_mailing=VF_HIVE_102823&utm_medium=email&bxid=5bd67c363f92a41245df49eb&cndid=48297443&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&hashc=eb7798068820f2944081a20180a0d3a94e025b4a93ea9ae77c7bbe00367c46ef&esrc=newsletteroverlay&mbid=mbid%3DCRMVYF012019&source=EDT_VYF_NEWSLETTER_0_HIVE_ZZ&utm_campaign=VF_HIVE_102823&utm_term=VYF_Hive

Election Denial, “Sexual Anarchy,” Noah’s Ark: All the Mike Johnson Details We Regret to Inform You Of

By Bess LevinOctober 26, 2023

There’s a lot that’s concerning!

pastedGraphic.png

Drew Angerer/Getty Images

On October 25, after several weeks that saw dysfunction, chaos, humiliation, and anonymous threats to at least one lawmaker’s wife, Republicans finally elected a Speaker of the House to succeed Kevin McCarthy: Mike Johnson, a representative from Louisiana who has the distinction of being the least experienced Speaker in more than a century.

At the time of Johnson’s accession, a lot of Americans likely had no idea who he was; actual Republican senator Susan Collins, for one, told a reporter she didn’t know Johnson but planned to remedy that by googling him. And if you weren’t familiar with Johnson, you might’ve assumed that that was maybe even a good thing—that he was just a quiet Republican who hadn’t gotten wrapped up in the insanity plaguing the GOP over the last seven or so years. He didn’t have the name recognition of, say, Jim Jordan or Matt Gaetz, but perhaps that simply spoke to the fact that he wasn’t leading a series of absurd hearings in an attempt to take down Joe Biden; or bragging about being so devoted to Donald Trump that he answered his phone calls during sex. Maybe, you might have thought, he wasn’t someone you’d have to constantly worry about re: undermining democracy or trying to take away people’s rights.

Unfortunately, that is not the case with Johnson, who may not have been well known prior to being given one of the most powerful jobs in government but is very much someone whose extremist views and actions should keep you up at night.

Herein, a running list of the absolute most WTF things the new Speaker has said and done on everything from the 2020 election to abortion to LGBTQ+ rights and more.

Abortion

Johnson is proudly antiabortion. When Roe v. Wade was overturned last year, he called it “a great, joyous occasion,” later writing, “We will get the number of abortions [in Louisiana] to ZERO!!” As an attorney for the Alliance Defense Fund, now known as the Alliance Defending Freedom, he worked on efforts to shut down abortion clinics in the state. In Congress, he cosponsored legislation that would have banned abortions at about six weeks of pregnancy, i.e., a time when many people do not even know they’re pregnant. He’s beloved by the antiabortion organization Susan B. Anthony Pro-Life America, which has given him an A+ rating. In 2015, he blamed school shootings on abortion, telling writer Irin Carmon, “When you break up the nuclear family, when you tell a generation of people that life has no value, no meaning, that it’s expendable, then you do wind up with school shooters.”

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In some real Handmaid’s Tale shit, he declared during a House hearing that if women were forced to have more children, a.k.a. “able-bodied” workers, there would be more funding for Social Security and Medicare:

On at least one occasion, he declared that doctors who perform abortions should be sentenced to “hard labor”:

Oh, and like many antiabortion zealots, Johnson doesn’t seem to like contraception either.

LGBTQ+ rights

Hoo boy, where to start? Here are some things that Johnson has said about LGBTQ+ people, same-sex marriage, and gay sex between consenting adults:

In his work as an attorney for the Alliance Defense Fund, Johnson also argued in court that same-sex couples should not receive domestic partnership benefits, and officially opposed the Supreme Court’s decision to decriminalize gay sex between consenting adults. In the Louisiana House of Representatives, he proposed a bill that critics say would have made it easier to discriminate against LGBTQ+ people. (In response, he claimed he was not a “bigot,” adding: “I know that I brought this bill for the right reason.”) Meanwhile, in Congress, he introduced a national bill seemingly modeled after Florida’s “Don’t Say Gay” law; voted against the 2022 bipartisan bill to codify gay marriage; and last year cosponsored a bill making it a crime to provide gender-affirming care to anyone under 18, despite the American Academy of Pediatrics backing such care.

“I would be hard-pressed to think of a worse member to be elected Speaker of the House,” Allen Morris, policy director for the National LGBTQ Task Force, told The 19th.

Separation of church and state

If you guessed that Johnson doesn’t believe in it, you guessed right. In April—as in, just a few months before he was elected Speaker—the congressman railed against what he referred to as the “so-called separation of church and state,” saying, “The founders wanted to protect the church from an encroaching state, not the other way around.”

In 2018, Johnson argued for prayer in public schools.

Evolution

In addition to blaming abortion for mass shootings, Johnson has also claimed that the teaching of evolution has played a part. In a 2016 sermon, he told the audience, “People say, ‘How can a young person go into their schoolhouse and open fire on their classmates?’ Because we’ve taught a whole generation—a couple generations now—of Americans, that there’s no right or wrong, that it’s about survival of the fittest, and [that] you evolve from the primordial slime. Why is that life of any sacred value? Because there’s nobody sacred to whom it’s owed. None of this should surprise us.”

In related news, a year prior, Johnson filed a lawsuit for an organization to receive tax subsidies to build a Noah’s Ark–focused theme park in Kentucky. “When the Ark Project sails, everybody will benefit,” he wrote in an op-ed, “even those who are stubbornly trying to sink it.” The Ark Encounter is operated by a fundamentalist Christian group that believes in creationism.

Climate

Where does Johnson, not exactly a man of science, land on global warming? Well, per The New York Times:

Representative Mike Johnson of Louisiana, the newly elected House Speaker, has questioned climate science, opposed clean energy, and received more campaign contributions from oil and gas companies than from any other industry last year. Even as other Republican lawmakers increasingly accept the overwhelming scientific consensus that human activity is dangerously heating the planet, the unanimous election of Mr. Johnson on Wednesday suggests that his views may not be out of step with the rest of his party.

A former constitutional lawyer, he does not sit on committees that decide the fate of major energy issues. But he has consistently voted against dozens of climate bills and amendments, opposing legislation that would require companies to disclose their risks from climate change and bills that would reduce leaks of methane, a potent greenhouse gas, from oil and gas wells. He has voted for measures that would cut funding to the Environmental Protection Agency.

In 2017, Johnson opined: “The climate is changing, but the question is, is it being caused by natural cycles over the span of the earth’s history? Or is it changing because we drive SUVs? I don’t believe in the latter. I don’t think that’s the primary driver.”

The 2020 election

By now you’ve likely heard that Johnson spent a significant amount of time and energy trying to overturn the 2020 election—an effort that included leading the amicus brief signed by more than 100 GOP lawmakers that asked the Supreme Court to overturn the 2020 election results in Georgia, Michigan, Wisconsin, and Pennsylvania. Johnson also objected to the certification of Biden’s win on January 6; his arguments for doing so were adopted by a significant number of Republicans, leading the Times to call him “the most important architect of the Electoral College objections.” One day prior, per Politico, he told colleagues, “This is a very weighty decision. All of us have prayed for God’s discernment. I know I’ve prayed for each of you individually,” before pressing them to oppose the Electoral College results. Oh, and he was a Dominion truther:

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Where does Johnson stand on the 2020 election now? Before the floor vote, he refused to answer a reporter’s question about the matter, and after officially becoming Speaker, he did just the same:

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Not really the kind of endorsement you want these days

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Thank God the GOP is now free to get back to the important, not-at-all-made-up issues

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Elsewhere!

Could Mike Johnson, the New House Speaker, Undermine the 2024 Election?

NYT • Read More

North Carolina Republicans Approve House Map That Flips at Least Three Seats

NYT • Read More

Georgia’s congressional map violates Voting Rights Act, court finds

Politico • Read More

Donald Trump’s 2020 Cronies Appear to Be Ditching Him One by One

Vanity Fair • Read More

Democrats plot end run around Tuberville blockade of military promotions

The Washington Post • Read More

Blake Masters announces House bid in Arizona, forgoing another run for Senate

Politico • Read More

“Get the right cases to the Supreme Court”: inside Charles Koch’s network

The Guardian • Read More

CEO Morning Routines Are Bananas. So I Tried a Few.

WSJ • Read More

More Great Stories From Vanity Fair

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

Go on over to the Levin Report at the above link to get all the gory (perhaps an understatement) details on America’s Retrograde Speaker! 

MAGAMike often pretends as if the his interpretation of the Bible, not the Constitution or the Declaration of Independence, were our founding document. 

But, believe it or not, the founding fathers were actually “revolutionaries,” not “reactionaries,” who overthrew tradition to arrive at a different place. In the process they incorporated what in those days were some “enlightenment” ideals to replace “traditionalist” regressive principles like the “divine” right of kings and a purely hierarchical society where there was no escape from the status assigned at birth!

One can debate the exact religious beliefs of the founders. But, they certainly foresaw a non-static society, open to change, and tolerating more than one viewpoint. They weren’t theocrats, and they weren’t wedded to the view that society can’t change and evolve to adapt to new norms and practical realities.

One could read the teachings of Christ as promoting love, kindness, tolerance, forgiveness, perspective, and siding with society’s outcasts. MAGAMike and his zealots appear to have a quite different “take.” That’s their prerogative. But, they shouldn’t be allowed to impose their peculiar, wayward views on the rest of us.

Faced with his first national tragedy, and a chance to show some real guts, leadership, and humane, common-sense principles derived from Christianity, all the self-professed “Man of God” and “protector of the unborn” (but “rejector of the  born”) could muster was the same old trite “hearts and minds” garbage that flows from spineless GOP politicos. Compare MAGAMike with Rep. Jared Golden (D-ME) who apologized and changed his position to favor an assault weapons ban. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiJ35iN1puCAxVBk2oFHWs3CX8QvOMEKAB6BAgQEAE&url=https%3A%2F%2Fwww.washingtonpost.com%2Fpolitics%2F2023%2F10%2F26%2Fmaine-shooting-gun-control-laws%2F&usg=AOvVaw1NdJWXqX0pvd75g3dguKa_&opi=89978449.

Jesus would have valued assault weapons over human lives? Gimmie a break!

🇺🇸 Due Process Forever!

PWS

10-29-23

🏴‍☠️🤮 “CHRISTIAN” WHITE NATIONALIST MAGAMIKE TAKES GOP TO NEW LOWS — Greg Sargent @ WashPost

 

MAGA MikeMAGA Mike

By Bruce Plante

Republished under license

Greg writes:

https://www.washingtonpost.com/opinions/2023/10/27/mike-johnson-great-replacement-theory-house-speaker/

Rep. Mike Johnson, the newly elected House speaker, has repeatedly flirted with what’s known as the “great replacement theory,” the idea that Democrats are scheming to supplant American voters with immigrants. The Louisiana Republican’s views show how fringe conspiracy theories have gone mainstream in the Republican Party at the highest levels of power.

“This is the plan of our friends on this side — to turn all the illegals into voters,” Johnson said at a congressional hearing in May 2022, gesturing at Democrats. “That’s why the border’s open.”

The “open borders” trope is a lie, and while a few municipalities allow voting for noncitizens in local elections, in no sense do national Democrats have any such “plan” for “all the illegals.” As far as I can determine, no House speaker in recent memory has been quite as reckless and incendiary with this kind of language.

Johnson employs it regularly. He reiterated the claim in an interview this year with the right-wing outlet Newsmax, accusing President Biden of “intentionally” encouraging undocumented migration to “turn all these illegals into voters for their side.” On numerous other occasions, he has made similar charges, even declaring that Democrats’ express goal is the “destruction of our country at the expense of our own people.”

On immigration, as well as on abortion and gay rights, Johnson’s elevation is a triumph for the far right. It has been widely noted that Johnson doesn’t come across as a MAGA bomb-thrower, despite his extreme views. That’s true on immigration, too: He voices high-minded platitudes about how providing asylum to the persecuted is a noble ideal, but he’s a big booster of the wildly radical House GOP border bill that would functionally gut asylum entirely.

The pro-immigrant group America’s Voice, which tracks lawmakers’ positions on the issue, has not documented any comparable rhetoric in Johnson’s predecessor, Rep. Kevin McCarthy. “Johnson has gone farther than most of his Republican colleagues in elevating alarmist and dangerous rhetoric,” says Vanessa Cardenas, the group’s executive director.

Other predecessors, such as John A. Boehner and Paul D. Ryan, were supporters — nominally, at least — of reforms that would legalize large numbers of undocumented immigrants, though they ultimately failed to deliver. Not even Newt Gingrich, the most extreme House speaker of the modern era, went as far as Johnson, says Nicole Hemmer, author of a history of conservatism in the 1990s.

“Even at his most anti-immigrant, he spoke largely in fiscal and law-and-order terms,” Hemmer told me, while eschewing the “eliminationist rhetoric” at the core of great replacement theory.

Yet little by little, those more extreme ideas have penetrated GOP leadership circles. In 2021, Rep. Elise Stefanik (N.Y.), a top House Republican, charged Democrats with scheming to replace conservative voters with Democratic-leaning immigrants.

. . . .

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

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

Read Greg’s full column at the link.

Bigot, racist, theocrat, misogynist, liar, election denier, anti-democracy zealot — “MagaMike” is the disgraceful embodiment of today’s extremist GOP. Just when we think that the GOP can’t sink any lower, they surprise us!

🇺🇸 Due Process Forever!

PWS

10-28-23

😢🗽🇺🇸 HUMANITARIAN CRISIS DEMANDS HUMANE RESPONSE: GOP DEMAGOGUERY, DEM INDIFFERENCE TO SUFFERING WON’T GET THE JOB DONE! 🤯 NGO’s Once Again Step Up To Do The USG’S Job! — They Need Help! ⛑️

Immigrant Defenders
Immigrant Defenders help humanity at the border, treating fellow humans with dignity, respect, kindness.
PHOTO: Linkedin

Immigrant Defenders posted this on LinkedIn:

Customs and Border Protection (CBP) continues to inhumanely release asylum seekers onto San Diego streets, often with little more than the clothes on their backs. #TeamImmDef, Lindsay Toczylowski, Margaret Cargioli, Melissa Shepard and Jesús Contreras Barajas, continues to join various non-profit organizations, grassroots groups and community members to receive asylum seekers with respect and help them reach their friends and family members all over the United States. Our dedicated team, in collaboration with our remarkable San Diego-based partners, is tirelessly working to continue to welcome migrants with dignity. We have welcomed more than 8500 asylum seekers in 13 days.

We need all levels of government, local and federal, to provide infrastructure and financial resources to help NGOs welcome with dignity.

If you want to help, please consider donating airline miles to Miles4Migrants. Please see the link in our bio to donate. Or donate directly to ImmDef at Immdef.org/donate.

#AsylumIsAHumanRight #WelcomeWithDignity

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

Scandalously, rather than looking to solve this humanitarian crisis, the GOP seeks to punish victims of Government dereliction of duty and their humanitarian responders for asserting well-established legal rights! Talk about a party of lawlessness! Sadly, it’s no surprise since they owe homage to an insurrectionist “leader” who is a notorious fraudster, con man, and criminal defendant in multiple cases!

While resisting the GOP’s worst racist/nativist nonsense, the Dems’ approach has been largely to avoid talking about immigration and human rights, apparently believing that pretending like they don’t exist will make them go away. But, migration isn’t going away!

While we can to some extent control, channel, and optimize migration, irresponsible “zero tolerance/uber deterrence” policies will do little to stop reality in the long run. It will, however, eventually force more migration underground and cede policy control to smugglers, cartels, and other criminals. 

At the same time, obsessing over deterring and deporting those who merely seek refuge and a chance to contribute to America will actually diminish the harder work of focusing on criminals out to turn border disorder and misplaced priorities to their advantage.

Neither party appears to have a realistic plan for the border, and the GOP actively seeks to make things worse! Meanwhile, not for the first time, NGOs, local communities, and compassionate individuals are left to pick up the slack!

Recently, the San Diego County Board showed the potential for bipartisan cooperation on the border. 

//www.sandiegouniontribune.com/news/border-baja-california/story/2023-09-26/county-declares-humanitarian-crisis-at-border-will-ask-federal-government-for-more-help

But, without a more realistic approach from the Feds — currently blocked by the GOP — local efforts are unlikely to succeed. And, that’s an avoidable humanitarian tragedy!

🇺🇸 Due Process Forever!

PWS

10-02-23

STUART ANDERSON @ FORBES WITH SOME COMMON SENSE ADVICE: “Let ‘Em Work!” — “There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”💡

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy
PHOTO:Linkedin

Parole programs and other legal pathways reduce illegal entry and are more humane. “Latin American experts say it is wrong to assume immigration enforcement policies can override the human instinct to leave untenable circumstances and seek a better life.” #immigration #asylum #asylumseekers

https://www.linkedin.com/feed/update/urn:li:activity:7103429953483849728?updateEntityUrn=urn%3Ali%3Afs_updateV2%3A%28urn%3Ali%3Aactivity%3A7103429953483849728%2CFEED_DETAIL%2CEMPTY%2CDEFAULT%2Cfalse%29&lipi=urn%3Ali%3Apage%3Ad_flagship3_myitems_savedposts%3Bb2bYzbhpTP2VzgwEtxkzqQ%3D%3D

 

New York City business leaders have asked the Biden administration to provide more federal aid and expedite work permits for asylum seekers. If asylum seekers could work, they would likely find their own housing, which would ease the burden on New York and other city governments. Businesses around the country seek more workers to fill positions. Advocates recommend policies that would provide a more comprehensive solution amid an historic refugee crisis that analysts consider unlikely to be addressed through enforcement-only policies.

A Plea From Businesses

“The New York business community is deeply concerned about the humanitarian crisis that has resulted from the continued flow of asylum seekers into our country,” according to an August 28, 2023, letter from the Partnership for New York City to President Biden and Congressional leaders. “We write to support the request made by New York Governor Hochul for federal funding for educational, housing, security and health care services to offset the costs that local and state governments are incurring with limited federal aid.

“In addition, there is a compelling need for expedited processing of asylum applications and work permits for those who meet federal eligibility standards. Immigration policies and control of our country’s border are clearly a federal responsibility; state and local governments have no standing in this matter. There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”

. . . .

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

Read the complete article at the link.

For each of my classes in Immigration Law & Policy @ Georgetown Law, the students were required to find and report on an item relating or illustrating the topic for the class. Stuart Anderson was one of the “most reported on” sources! I think it’s because his writing is so clear, understandable, and sensible to all audiences!

Immigration affects everything and is a key to a better future for all. That’s why it’s a shame Dems aren’t willing to tout it, instead basically ceding the issue to GOP restrictionists. Big mistake, in my view!

🇺🇸  Due Process Forever!

PWS

09-03-23

🇺🇸🗽⚖️🎇 JULY 4, 2023 — “On True American Patriotism” By Robert Reich In Substack! — “The true meaning of patriotism is the opposite of Trump’s exclusionary White Christian Nationalism.”

Robert Reich
Robert Reich
Former US Secretary of Labor
Professor of Public Policy
CAL Berkeley
Creative Commons License
Naturalization
Naturalization Ceremony
USG Official Photo
Public Domain

https://open.substack.com/pub/robertreich/p/what-is-the-true-meaning-of-patriotism?r=330z7&utm_medium=ios&utm_campaign=pos

Friends,

On Saturday, Donald Trump conducted the second formal rally of his campaign — in Pickens, South Carolina, where an estimated 50,000 turned up under the scorching sun to hear him.

There, he advanced his version of patriotism based on White Christian Nationalism.

He began by celebrating the town’s namesake, Francis Pickens, who was governor of South Carolina when it was the first to secede from the Union on the eve of the Civil War. Trump assured the crowd he wouldn’t let “them” change the town’s name.

He commended the Supreme Court for rejecting affirmative action “so someone who has not worked as hard will not take your place.”

He saluted the court’s decision to overrule Roe v. Wade so “radical left Democrats will not kill babies.”

He promised to stop “men competing in women’s sports” and prevent classroom teachers from teaching the “wrong” lessons about sexuality or history.

He condemned foreign governments that “send” over the border “people in jails and insane asylums” and promised to deny entry to “all communists and Marxists.”

And he declared America’s most dangerous opponents not to be Russia, China, or North Korea but “enemies within” America.

Rubbish.

The true meaning of patriotism is the opposite of Trump’s exclusionary White Christian Nationalism.

America’s moral mission has been toward greater inclusion — providing equal rights to women, Black people, immigrants, Native Americans, Latinx, LGBTQ+, Muslim, Jewish, atheist, and agnostic.

True patriots don’t fuel racist, religious, or ethnic divisions. Patriots aren’t homophobic or sexist.

Nor are patriots blind to social injustices — whether ongoing or embedded in American history. They don’t ban books or prevent teaching about the sins of the nation’s past.

True patriots are not uncritically devoted to America. They are devoted instead to the ideals of America — the rule of law, equal justice, voting rights and civil rights, freedom of speech and assembly, freedom from fear, and democracy.

True patriots don’t have to express patriotism in symbolic displays of loyalty like standing for the national anthem and waving the American flag.

They express patriotism in taking a fair share of the burdens of keeping the nation going — sacrificing for the common good.

This means paying taxes in full rather than lobbying for lower taxes or seeking tax loopholes or squirreling away money abroad.

It means refraining from making large political contributions that corrupt American democracy.

It means blowing the whistle on abuses of power even at the risk of losing one’s job.

And volunteering time and energy to improving one’s community and country.

Nor is patriotism found in baseless claims that millions of people vote fraudulently. Or in pushing for laws that make it harder for people to vote based on the Big Lie that the 2020 election was stolen.

Patriotism lies instead in strengthening democracy — defending the right to vote and ensuring more Americans are heard.

Patriots understand that when they serve the public, their responsibility is to maintain and build public trust in the institutions of democracy.

They don’t put loyalty to their political party above their love of America. They don’t support an attempted coup.

They don’t try to hold onto power after voters have chosen not to reelect them. They don’t make money off their offices.

When serving on the Supreme Court, they recuse themselves from cases where they may appear to have a conflict of interest. They don’t disregard precedent to impose their own ideology.

America’s problem is not as described by Trump and his White Christian Nationalism — that the nation is losing its whiteness or dominant religion, that too many foreigners are crossing its borders, that men are competing in women’s sports or teachers are not celebrating the nation’s history.

America’s problem is that too many Americans — including its lawmakers — are failing to understand what patriotism requires.

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Happy July 4!😎🇺🇸

🇺🇸 Due Process Forever!

PWS

07-04-23

 

🤯COURTING FAILURE: GOP HAS “LEVERAGED” COURT CONTROL TO ENACT UNPOPULAR FAR-RIGHT ANTI-DEMOCRACY AGENDA BY FIAT — MEANWHILE, DEMS WON’T BRING PROGRESSIVE PRO-EQUAL-JUSTICE CHANGE TO COURTS THEY “OWN!”☹️ — The GOP Plays Hard Ball ⚾️, While Garland & Dems Play Whiffleball @ EOIR!🤮

Whiffle Ball
When it comes to playing “judicial hardball” with the GOP, Garland and the Dems are ill-equipped!
Creative Commons 3.0

Stephen Collinson writes at CNN:

https://www.cnn.com/2023/06/30/politics/conservatives-remake-america-courts

. . . .

In recent years, the [GOP’s] blind loyalty to Trump’s radicalism – especially his election lies – has caused it to even challenge the structure of democracy. A sense of national crisis and imminent political extinction, for example, ran through Trump’s rhetoric in the aftermath of the 2020 election, prompting some of his followers to use violence as a way of settling their political grievances on January 6, 2021.

Conservative Supreme Court decisions over the last two years have been especially hard for liberals to accept because they believe that the current majority is ill gotten.

The right’s dominance of the court happened in large part because then-Senate Majority Leader Mitch McConnell refused to even grant a confirmation hearing to Obama’s final pick for the top bench, Merrick Garland, who now serves as attorney general in the Biden administration. This allowed Trump to name Justice Neil Gorsuch as his first Supreme Court nominee in 2017. But McConnell later turned his back on his own questionable principle that Supreme Court nominees should not be elevated in an election year by rushing through the confirmation of Trump’s final pick, Amy Coney Barrett, in 2020 – which enshrined the current 6-3 conservative majority.

The move not only confirmed Trump’s status as a consequential president whose influence will be felt decades after he left office. It cemented McConnell among the ranks of the most significant Republican Party figures in decades and ensured conservative policies will endure even under Democratic presidencies and congressional majorities.

Recent revelations about questionable ethics practices by some of the conservative justices have further fueled fury about the legitimacy of the court among liberals.

But not all of the court’s recent decisions have infuriated the White House and Democrats. Earlier this week, for instance, liberals were hugely relieved when the court rejected a long-dormant legal theory that held that state courts and other state entities have a limited role in reviewing election rules established by state legislatures when it comes to federal elections. The so-called Independent State Legislature Theory, a favorite of the Trump campaign, had led to fears that Republican state legislatures in some states could simply decide how to allocate electoral votes regardless of results.

Still, the broad trajectory of the court – on issues including gun control, race, business, regulation, climate and many other issues – is firmly to the right.

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

It’s no coincidence that the Trumpist far-right assault on democracy began during the 2016 campaign with unprovoked attacks on Mexican migrants and bogus claims about the border and immigration. It was skillfully, if corruptly, followed up with weaponization of the immigration bureaucracy and packing of the Immigration Courts by the likes of Miller, Sessions, Barr, and Cooch. 

We have seen the GOP’s assault and dehumanization of migrants carry over into attacks on a wide range of disadvantaged groups in American society including African-Americans, Hispanic-Americans, Asian-Americans, Muslim-Americans, women, the LGBTQ+ community, and many others.

Although the Supremes have held that every “person” in the United States is entitled to due process under law, that concept is ludicrous as applied to the U.S. Immigration Courts, where anti-asylum, anti-immigrant, pro-DHS bias still drives much of the decision making, prosecutors appoint the judges and write the rules, the Government can change results that don’t match its political agenda, and individuals are on trial for their lives without a right to appointed counsel or many times even the ability to fully understand the proceedings against them. Predictably, the overwhelming number of individuals stuck in this abusive system are persons of color, many women and children!  

This is “colorblind” American justice? Gimmie a break!

Although Dems acknowledged many of these outrageous defects in the Immigration Courts while campaigning for votes in 2020, once in power, they have shown little inclination to correct this unacceptable situation that undermines our democracy.

In particular, given a chance to reform the Immigration Courts, re-compete on a merit basis judicial positions filled under questionable procedures (at best) during the Trump Administration, bring in competent judicial administrators laser-focused on due process and best practices, and remake the Immigration Courts into a bastion of great progressive judging —  driven by due process and equal protection, Garland and the Dems have whiffed. In that way they have largely followed the Obama Administration’s failure to take seriously due process for persons who happen to be in Immigration Court. 

The failure of Dems to take immigrant justice seriously, and their inexcusable blown opportunity to reshape the Immigration Courts into a training and proving ground for the best and most qualified candidates for Article III judgeships ties directly into the anti-democracy shift in the Article IIIs and the GOP’s ability to carry out its right-wing agenda through a Supremes majority highly unrepresentative of Americans and our values.

An informed observer might well wonder “If the Dems are unwilling and unable to reform and improve the Federal Courts they do control — and apparently are ashamed of the progressive values they espouse — how will they ever counter the right’s anti-democracy agenda?”

🇺🇸 Due Process Forever!

PWS

07-02-23

😇🙏🏽SANCTUARY, A TIME-HONORED ANTIDOTE TO CRUELTY & STUPIDITY, PUTS AMERICA’S 🇺🇸🗽BEST FOOT FORWARD 👏: “It means treating [migrants] like humans in need rather than pawns.”

MATTHEW 25
Holy card ( 1899 ) showing an illustration to the Gospel of Matthew 25, 34-36 – rear side of an obituary.
Wolfgang Sauber
Creative Commons Attribution-Share Alike 4.0

https://www.latimes.com/opinion/story/2023-06-21/la-ed-sanctuary-cities

From the L.A. Times Editorial Board:

Editorial: Sanctuary cities are working just fine, thank you

When Republican Govs. Greg Abbott of Texas and Ron DeSantis of Florida bused and flew migrants to Los Angeles, New York, Washington, D.C., and other so-called “sanctuary cities,” they might have envisioned they were exporting the same chaos as border states have experienced as they grapple with a historic number of migrants. They wanted leaders in these cities to admit they were wrong about their immigrant-friendly policies.

Earlier this month, Abbott sent migrants on a bus to Los Angeles. And DeSantis has admitted he dispatched migrants on two chartered flights to Sacramento a few days earlier, luring them with false promises of housing, shelter and legal help.

But Abbott and DeSantis are mistaken if they think they are teaching cities with sanctuary polices any lessons with their inhumane political stunts or causing their leaders to rethink their commitment to not treating migrants as criminals.

Those governors and their political allies also seem to be confused about what it means when cities have sanctuary policies. Though policies vary, providing sanctuary means not turning migrants over to federal immigration authorities simply for being in the country illegally. It means treating them like humans in need rather than pawns.

OPINION

Editorial: Migrants flown to Sacramento are human beings, not political pawns

June 5, 2023

That’s what leaders in Los Angeles, Sacramento and other “sanctuary cities” did as buses and planes dumped dozens of tired and often confused migrants on their doorsteps in recent months. They rallied attention and resources, while religious and other nonprofit organizations stepped up to welcome the migrants with shelter, food and clothes. In some instances, these migrants have even found temporary jobs, illustrating the need for their labor.

Abbott and DeSantis may also not realize that sanctuary policies were designed to help law enforcement keep communities safe. Sanctuary policies were developed because police in many cities such as Los Angeles were frustrated because undocumented immigrants were not reporting crimes or stepping forward as witnesses for fear of deportation.

Critics say these sanctuary cities have laws and policies that shield criminals and obstruct federal immigration policies. But cities with sanctuary policies have lower than average crime rates, higher household incomes and lower poverty rates, according to various studies.

Local authorities did not refuse to cooperate with immigration enforcement, as critics claim. They simply limited the role of local law enforcement in immigration cases, for example, by not using local police to do immigration checks or by not holding an undocumented immigrant in custody for a few extra days to serve federal authorities’ schedules.

OPINION

Editorial: There’s a crisis at the border all right, but one created by political posturing

Sept. 20, 2022

Los Angeles is in the midst of transitioning from a “city of sanctuary” to “sanctuary city.” The difference is more than just semantics. The former designation is little more than a statement by city leaders in 2017 that they opposed then-President Trump’s dehumanizing anti-immigrant policies, which included separating young children from their parents. Some of those children have yet to be reunited with their parents years later. Earlier this month, the City Council voted to strengthen the policy by banning city personnel or resources from being used for immigration enforcement.

It’s true that the transports of migrants by the Texas and Florida governors have been inconvenient to cities such as Washington and New York, which have had to scramble to find housing and other resources. But they haven’t done a thing to undermine the foundation on which sanctuary policies were built.

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The money wasted by these GOP nativist neo-fascists could much better be spent on coordinated efforts to help asylum seekers to help themselves and our nation in the process. Obviously, GOP states like Florida and Texas have money to  burn. 

Also, to the extent that cities “targeted” by these GOP White Nationalist Governors have persevered in the face of  attempts to sow chaos, it has been largely without the coordination, guidance, and leadership of the Biden Administration. Seems like that should be “low hanging fruit” for progressive Democrats to change!

🇺🇸 Due Process Forever!  

PWS

06-25-23

🇺🇸⚖️🗽👩🏽‍⚖️👨🏻‍⚖️ CALLING NDPA PRACTICAL SCHOLARS/EXPERTS: NOW’S YOUR CHANCE TO BECOME A BIA APPELLATE IMMIGRATION JUDGE AND HELP CHANGE THE TRAJECTORY OF AMERICAN LAW!  — The “Supreme Court of Immigration” Needs Supremely Qualified, Expert Judicial Talent!

I want you
Don’t just complain about the awful mess @ the BIA! Get on the appellate bench and do something about it!
Public Domain

Summary

The Executive Office for Immigration Review (EOIR) at the Department of Justice (DOJ) is seeking a highly-qualified individual to join our team of expert professionals who serve as Appellate Immigration Judges.

This is an Excepted Service position, subject to a probationary period. The initial appointment is for a period not to exceed 24 months. Conversion to a permanent position is contingent upon appointment by the Attorney General.

Learn more about this agency

https://www.usajobs.gov/job/733279200

 

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Although there was no formal announcement from EOIR, it appears that Appellate Immigration Judge William Cassidy has finally retired from the BIA. As many of you know, Judge Cassidy, appointed by AG Billy Barr, was notoriously hostile to asylum seekers and to a fair application of the generous well-founded-fear standard for asylum enunciated by the Supremes in INS v. Cardoza-Fonseca and by the BIA in Matter of Mogharrabi. His “final” TRAC Immigration asylum denial rate as an Immigration Judge in Atlanta was an appalling and bone-chilling 99.1%! https://trac.syr.edu/immigration/reports/judge2022/00004ATD/index.html.

This is a chance for a “real judge” with impeccable academic knowledge, practical solutions, and actual experience representing asylum applicants in the EOIR quagmire to bring some long-overdue and absolutely essential positive, progressive, change to the BIA – a group overall known for its too-often stilted,  sloppy, improperly pro-Government, “go along to get along,” “don’t rock the boat by standing up for due process and human rights” decision-making.

The BIA’s lousy performance on the “stop time rule,” where they were twice rebuked by the Supremes for ignoring the language of the statute and the Court’s own holdings, is a classic example of why we need fundamental change at the top of EOIR. This substandard performance generated more unnecessary backlog and “Aimless Docket Reshuffling” in a system that can ill afford it (2 million case backlog). It also created unnecessary confusion and uncertainty in a situation where clarity was both required and achievable. I daresay, it’s hard to imagine any NDPA “practical scholar” getting sidetracked the way the BIA did in its misguided rush to please DHS Enforcement and its political “handlers” at DOJ!

Also, because of “jurisdiction stripping” legislation over the years, limiting the review of the Article IIIs in many areas, the BIA often represents the last realistic chance for individuals to obtain justice and fair treatment! That the BIA too often acts like an “assembly line,” doesn’t diminish its potential to become part of the solution rather than a source of further problems and unfairness.

Don’t let this important Federal Judgeship, with real life or death power over the lives of individuals and the future of our democracy, go by default to another “insider” or asylum denier.

I hear complaints from practitioners nationwide about the BIA’s poor scholarship and failure to issue realistic, positive guidance. But, it’s not going to change unless the “best and the brightest” from the NDPA apply for these critical jobs at EOIR and become agents of change.

Don’t let this chance go by to make a difference in the lives of others and to use your hard-earned expertise and practical skills to fundamentally change our failing U.S. judicial system — starting at the critical “retail level.”  

The deadline is July 5, 2023, conveniently during the July 4 holiday. But, don’t let mindless bureaucratic tactics and feeble efforts at recruitment deter you. Force the USG to recognize and employ “judicial excellence” – once the “vision” of EOIR (before “good enough for government work” became the motto). I urge well-qualified minority candidates to apply for this key position!

🇺🇸 Due Process Forever!

PWS

06-23-23

😎⚖️🗽 REAL LEADERSHIP SPEAKS: “[T]he promises that nations made after World War II to respect the dignity and rights of those who are fleeing have been eroded and now, on a practical level, forgotten,” says Anna M. Gallagher, Executive Director of Catholic Legal Immigraton Network (“CLINIC”)!

Anna Marie Gallagher, Esquire
Anna Marie Gallagher, Esquire
Executive Director
CLINIC
PHOTO: CLINIC website

pastedGraphic.png

Executive Director Opening Plenary Remarks CLINIC Convening 2023
May 17, 2023

Good afternoon, dear friends. My name is Anna Gallagher and I have the honor of leading CLINIC as executive director. It is such a pleasure to be here with you all as we officially begin our first in-person Convening since 2019.

Looking out at the sea of faces in front of me, I am filled with gratitude to finally be able to come together to engage with one another, to listen, learn and gather strength for the work ahead in support of our immigrant brothers and sisters.

Even just being in your presence I feel a sense of renewed hope and energy. I am so looking forward to the next few days, and I am certain that you will be reignited to take on the important work ahead.

In a moment I will welcome our wonderful panel of Affiliate experts, but right now I want to take a moment to recognize this moment we’re facing and my hopes for this year’s CLINIC Convening.

You all, of all people, know that immigrant communities are facing truly unprecedented challenges – and I do not use that word, unprecedented, lightly.

With the lifting of Title 42, and the camps of men, women and children along the border desperate to find welcome on the other side; the proposed USCIS fee increases which threaten to put immigration benefits out of reach for many; the newly announced delays for foreign-born religious workers and special immigrant juveniles; and, perhaps above all, our warming planet and the outbreaks of violence which force many more people to migrate around the world – these are extremely challenging times for migrants in our country and around the world.

Several months ago, the New York Times featured an op-ed that has stuck with me, entitled, “The Rich World Has a Shockingly High Tolerance for Cruelty.”

It was about how rich nations are more willing than ever to let migrants languish at their borders in sub-human conditions rather than create safe pathways for migration or address the conditions causing people to flee.

It was about how the promises that nations made after World War II to respect the dignity and rights of those who are fleeing have been eroded and now, on a practical level, forgotten.

When I read this article, in my mind I was transported back to the time I spent in North Africa several years ago, working with migrants as a representative of Jesuit Refugee Services.

1

I interviewed migrants who had traveled for 18 months or more to try and find safety in these countries bordering Europe. I got to know some of the migrants, who called me “grandma” – a term of endearment, as my hair was grey.

While I was talking to some of them, they showed me their hands, which were scarred with wounds. When I asked them what happened, they said their hands were repeatedly pierced while climbing barbed wire to get through to safety.

Hearing this, my heart broke – as it has many times over the years.

The idea that we are using barbed wire to keep out our fellow human beings is inconceivable, yet true. Our immigrant brothers and sisters stand at our gates, begging for our aid, and we build barbed wire fences that pierce their hands.

Many wealthy nations are founded on a concept of all human beings being equal in dignity, but we do not act like it.

As we gather in Arizona, I know we are all mindful that these kinds of camps that the op-ed author is speaking of are just several hours away on the border. We also know that immigrant communities’ dignity is denied not only in these camps, but all over the country in the various places we’ve come from.

We must be clear, this is not an “other side of the world problem,” it is our problem. It affects all of us, in our integrity as people of faith and conscience, and as a reflection of our society.

And yet today, as I recall that New York Times op-ed, and the sense of frustration and despair I felt while reading it, I feel a surge of hope.

I want you to look around the room. Look at your neighbor to your left and right. YOU are the hope that fills my heart, and YOU are the hope that reignites me in our work.

As we gather here today, I am in a room full of people who DO act like all human beings are equal. Those who spend their precious time – often too much of their time, working long hours – trying to advance the truth that every person is precious, valuable, and deserving of a safe and dignified life.

That’s why being in your presence gives me such hope. I am reminded that the CLINIC network is full of holy people.

That is why our gathering here together, and throughout this week, is so powerful: we are, to borrow the words of Bishop Seitz of El Paso, working to be a “creative counterexample” to the culture of fear and hostility, to be a network that is slowly creating a new culture of solidarity and hospitality.

At CLINIC, we also are bolstered by our faith that we do not do this hard work alone. The spirit of God is inspiring us and pushing us forward, giving us strength and magnifying our efforts, especially when we are overwhelmed by the need in front of us.

2

Our faith also acts as a mirror for us, forcing us to keep evaluating whether we are truly reflecting the gospel truth of God’s concern for all people.

To maintain this faith, and to maintain the energy to be this creative counterexample, we need one another. Our network is sustained through the support, advice, and solidarity we demonstrate to one another.

Throughout the next few days, we will take the time to step back, to reflect on our work and learn and share new strategies, information, and tips for the very practical day-to-day work of supporting immigrant clients and communities.

We know that this practical work – the forms, the bureaucracy, the nitty-gritty details – changes and saves lives. So how well we can do it matters, which is why we gather to learn and grow.

We also gather to enjoy one another – to laugh, share stories, and reconnect with beloved colleagues and friends.

So I also hope that over the next few days you will have some fun!

Thank you for coming here to CLINIC Convening and for your dedication to this work. I am so honored to be alongside all of you this week, and all days.

Now, I am pleased to introduce our panelists for our opening plenary, Preparing for the Lifting of Title 42: Key Insights from our Network. When we decided on “reunited and reignited” for our theme this year, we knew we wanted to do something different for our opening conversation.

This “Network Fireside Chat” will be an opportunity to highlight the work done by our network throughout the United States. During this conversation, you’ll hear how Affiliates in three distinct geographical regions are rising to meet the needs of our immigrant and refugee brothers and sisters – especially during this increased time of uncertainty.

From the Border region, Joel Enriquez-Cazarez will share about the work of Jewish Family Service of San Diego.

As a transit city, Carolina Rivera will share how Catholic Charities of Dallas assists our immigrant brothers and sisters.

And Yer Vang from Catholic Charities Archdiocese of Dubuque will give an interior city perspective of welcome.

Now please join me in welcoming our keynote panelists to the stage…

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Thanks, my friend, for a lifetime of service to due process, fundamental fairness, and social justice, and for speaking out as the “powers that be” and the “powers that wannabe” go into cowardly retreat and hide in fear from the needs and rights of humanity! 

🇺🇸 Due Process Forever!

PWS

05-24-23

 

 🏴‍☠️☠️ NAACP ISSUES TRAVEL WARNING: Florida, The Neo-Fascist “Hate State” ⚠️

 

Nina GolgowskiSenior Reporter HuffPost PHOTO: HuffPost
Nina Golgowski
Senior Reporter
HuffPost
PHOTO: HuffPost

Nina Golgowski reports for HuffPost:

The NAACPs Board of Directors has issued a travel warning about Florida that accuses the state, and pointedly Gov. Ron DeSantis, of being openly hostile toward African Americans, people of color and LGBTQ+ individuals.”

Before traveling to Florida, please understand that the state of Florida devalues and marginalizes the contributions of, and the challenges faced by African Americans and other communities of color,” the notice issued Saturday states.

The civil rights organization specifically accuses DeSantis, a possible 2024 Republican presidential candidate, of aggressively attempting to erase Black history and restrict diversity, equity, and inclusion programs in Florida schools.”

. . . .

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

Read Nina’s complete report at the link.

Colfax Massacre
“Gathering the dead after the Colfax massacre, published in Harper’s Weekly, May 10, 1873” — White Nationalist snowflakes like DeSantis feel diminished and threatened by the truth about American history and the role of race.                                                                  

The “anti-woke agenda” touted by DeSantis is a very thinly disguised euphemism for “overtly racist!” That, decades after folks like Gov. George Wallace and Sen. Strom Thurmond unabashedly made hate, segregation, and racism the “centerpieces” of failed presidential bids, racists like DeSantis are openly campaigning on the same basic platform, and enacting it in their “mini-reichs,” should be deeply disturbing to younger generations of voters who will have to live with the stupidity, ignorance, cynicism, and hate promoted by these immoral GOP pols. It’s a race backwards and to the bottom that can only end in a complete catastrophe for our nation and the world!

Also remember: It all started with the dehumanization and false demonization of migrants. Many, including too many Dems, have been unwilling to stand up against it! That’s how the GOP’s “destroy America” agenda gains traction!

🇺🇸 Due Process Forever!

PWS

05-22-23

 

 

🇺🇸⚖️🗽😎👍🏼 SPEAKING OUT FOR TODAY’S IMMIGRANTS: “[T]he ‘us’ we see used to be one of ‘them.’ We were a gift to this country and they will be too,” says Francesco Isgro, President & CEO of Casa Italiana Sociocultural Center, Inc., & Editor-in-Chief of Voce Italia! 😎

Francesco Isgro, Esquire
Francesco Isgro, Esquire
President & CEO of Casa Italiana Sociocultural Center, Inc.
Editor-in-Chief,
Voce Italiana
PHOTO: Linkedin
Francesco Isgro
Francesco Isgro

 

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

Thanks for speaking out so forcefully and articulately for some of the most vulnerable among us, Francesco, my long-time friend and former DOJ colleague! Your own continuing distinguished career in both the public and now private/NGO sectors is a testament to the irreplaceable contributions of generations of immigrants to our great nation!

I’m proud to say that Francesco started as a legal intern in the “Legacy INS” Office of General Counsel during my tenure as Deputy General Counsel. He was then selected to become a INS Trial Attorney (now known as ICE Assistant Chief Counsel) under the Attorney General’s Honors Program. He eventually went on to a stellar career as a Senior Litigator, editor, and “hands on” educator at the Office of Immigration Litigation (“OIL”) in the DOJ’s Civil Division.

I specifically remember two of Francesco’s innovative contributions while in the INS OGC: collecting, indexing, and publishing the legal opinions of the General Counsel (and Deputy General Counsel); and creating a Law Bulletin that our office could use to inform the scores of field attorneys nationwide under our supervision and direction. This later led to vastly improved attorney training programs developed by OGC Counsel Craig Raynsford, assisted by Fran Mooney (who later went on to become the Public Information Officer for EOIR while I was BIA Chair).

I remember being a guest lecturer in Francesco’s immigration class while he was teaching at Georgetown Law. He also went on to found and become Editor-in-Chief of OIL’s Immigration Litigation Bulletin, a highly-respected internal source of information and guidance for USG attorneys involved in immigration.

My experiences on the bench during 13 years at the (now “legacy’) Arlington Immigration Court mirrored Francesco’s observations. Those whom we were able to help regularize their status under the law were overwhelmingly hard-working individuals making important contributions got our nation and our economy.  Many had been doing it for years, sometimes even decades, and had USC children and even grandchildren who were “living proof” of the contributions of families who are given a chance to succeed.

Often, the “next generations” were present in court. I both congratulated them and asked them never to forget and appreciate the risks and hardships their parents had undertaken so that they could fulfill their complete promise in a free society! “Building America, one case at a time,” as I used to quip to the attorneys involved on both sides.

Francesco’s “Christian social justice message,” and his references to Pope Francis and the history of U.S. immigration also harken to a message I heard recently from Villanova University President Rev. Peter Donohue and Professor Michele Pistone during a recent educational event at Villanova Law. In his remarks, Rev. Donahue traced the founding of Villanova University to the response of Augustinian Friars to the burning of St. Augustine’s Church in downtown Philly during the Nativist Riots of 1844!

Professor Pistone credited Christian social justice teaching and the inspiration of Pope Francis for contributing to her success at the Villanova Immigration Clinic as well as the founding of the VIISTA Villanova Program to provide more well-qualified non-attorney accredited representatives to serve those in immigration proceedings. The VIISTA graduates whom I met and worked with on litigation skills over the two day seminar/celebration were totally impressive and dedicated.

Thanks again Francesco, for writing this inspiring piece setting forth fundamental truth about American immigration! That some in America shamefully and stubbornly refuse to recognize this truth doesn’t make it any less true, nor does it lessen the necessity to act upon it in moving our nation and our world forward toward a better future.

🇺🇸 Due Process Forever!

PWS

05-10-23

⚖️ AFTER STRING OF CIRCUIT DEFEATS, BIA FINALLY BACKS DOWN ON “EQUITABLE TOLLING” — Sort Of! — Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023)

 

https://www.justice.gov/eoir/page/file/1582681/download

Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023)

BIA Headnote:

(1) The Board of Immigration Appeals has authority to accept what are otherwise untimely appeals, and consider them timely, in certain situations because 8 C.F.R. § 1003.38(b) (2022) is a claim-processing rule and not a jurisdictional provision. Matter of Liadov, 23 I&N Dec. 990 (BIA 2006), overruled.

(2) The Board will accept a late-filed appeal where a party can establish that equitable tolling applies, which requires the party to show both diligence in the filing of the notice of appeal and that an extraordinary circumstance prevented timely filing.

FOR THE RESPONDENT: Mario Salgado, Esquire, San Francisco, California

BEFORE: Board Panel: WETMORE, Chief Appellate Immigration Judge; MULLANE and MANN, Appellate Immigration Judges.

MULLANE, Appellate Immigration Judge [Opinion]

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Notably, but perhaps predictably for those who follow the BIA’s generally “respondent/due process unfriendly” jurisprudence, the “good news” that the BIA has belatedly decided to follow the 2d, 5th, and 9th Circuits on equitable tolling is “tempered” by the result in this case — denial of the motion to reconsider and accept the appeal!

Evidently, among its 82,000+ backlog, the BIA was unable to identify a case where correctly applying equitable tolling would actually BENEFIT the respondent, rather than just requiring a different, largely contrived, analysis to “get to no!” This continues a depressing and highly inappropriate long-standing tendency of the BIA to provide negative examples of how to apply potentially remedial rules.

Presumably, after 17 years of the BIA’s wrong-headed precedent Matter of Liadov, everyone understands that the BIA is “programmed to deny.” What’s needed is “reprogramming” to recognize and grant motions based on “equitable tolling.”

It’s also remarkable that the “highest tribunal” of a dysfunctional organization, notorious for losing files; failing to provide timely, correct notice; cancelling hearings without notice on the hearing date; switching Immigration Judges without notice in a system where the identity of the judge is too often “outcome determinative;” and “cutting” DHS and itself almost endless “breaks” and “exceptions” for their sloppy, lazy, and sometimes ethnically questionable practices sees fit to “pontificate” so self-righteously on what’s “due diligence” and “extraordinary circumstances” for the private bar. The “message” is pretty clear: Denial is the “preferred” (or default, or de facto presumed) result!

If either of the foregoing concepts were applied to EOIR and DHS with the same stringency they are to individuals and their representatives, both agencies would have been forced out of business long ago!

This system is totally screwed up! Dems must ask themselves why Garland and his senior leadership have failed to “unscrew it,” and what can be done to deal with their democracy-and-life-threatening indolence and inattention to quality jurisprudence, due process, fundamental fairness, and best practices.

🇺🇸 Due Process Forever!

PWS

05-08-23

📡📻 LISTEN TO MY INTERVIEW ON “TOP OF MIND WITH JULIE ROSE” NOW STREAMING ON SXM 143 & OTHER PLATFORMS: “S3 E5 Does the U.S. Have a Moral Obligation to Asylum Seekers?” — Link Here!

Julie Rose
Julie Rose
Host, Top of Mind
BYU Radio
PHOTO: BYU Radio

http://www.byuradio.org/topofmind

People all around the world look to the United States as a land of opportunity and safety. Every month, tens of thousands of people arrive at US border checkpoints and ask to be granted asylum. Over the last decade, the number of people showing up at the southern U.S. border seeking protection has increased five-fold to more than 200,000 every month. That huge increase has so overwhelmed the system that getting a final answer often takes years. There is bipartisan agreement that the asylum system is broken. How we fix the backlog, though, depends a lot on how we answer the question at the heart of today’s podcast episode: what is our obligation to asylum seekers? Are we responsible for taking these individuals in? We’ll be hearing from two previous asylum seekers about the challenges of seeking asylum in the United States, a writer who had an eye-opening experience learning how America’s asylum process differs from other countries, and two former immigration judges with differing perspectives on how we should implement asylum law in the United States. As we hear each of these perspectives, we’ll consider this question: what do we owe people who are no longer safe or able to prosper in the countries where they happen to have been born?

Podcast Guests: Razak Iyal, sought asylum in the U.S. in 2013, granted asylum in Canada in 2017 Joe Meno, Author of “Between Everything and Nothing: The Journey of Seidu Mohammed and Razak Iyal and the Quest for Asylum” Makaya Revell, CEO of Peace Promise Consulting, granted U.S. asylum in 2022 Andrew Arthur, resident fellow in law and policy at the Center for Immigration Studies, former immigration judge 2006-2014 (York, Pennsylvania) Paul Wickham Schmidt, adjunct professor of law at Georgetown University, former immigration judge 2003-2016 (Arlington, Virginia) **This episode is part of Season 3 on Top of Mind: Finding Fairness. From health and immigration to prisons and pot, how can we get more peace and prosperity for all?

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🇺🇸 Due Process Forever!

PWS

04-17-23