"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
I have spent my life serving our community by trying to create a more just, equitable and inclusive world. From my work as a judge striving to give everyone an equal opportunity for justice, to my work as a law professor training the next generation of legal minds, to my work as a local Democratic Party leader helping to elect progressive candidates, I have always answered the call to serve.
I am Cecelia Espenoza, and I am thrilled to announce that I have officially filed to represent North and West Denver in the Colorado State House!
I have seen the amazing results when the community works together to make a difference. My parents were migrant farmworkers who became small business owners. My father became a community icon as the first licensed Mexican-American barber. He created a space for all in our community to gather and enjoy life, even when things were hard. I promise that I will work to unite our community toward our shared goals and values: fairness, equality, and progress for all.
We face so many issues in Colorado that make it harder for people to thrive. Our rent and housing costs have skyrocketed, leaving many of us without a safe and secure place to live. Our wages have not kept up with the spike in the cost-of-living. Too many of us lack access to affordable healthcare; adequate food; or the ability to pay down student loans. All of this while right-wing politicians try to undermine basic rights around reproductive healthcare, the LGBTQIA community, and access to the ballot box.
I’m running because the voters of House District 4 deserve a representative who will work to serve them and address issues, not serve themselves by posturing on social media and seeking the limelight. The real problems our community faces like gun-violence, housing costs, climate change, educational inequity, racism, and healthcare access demand a clear, mature, and reasoned look at changing policy. I promise that I will be a representative who puts the people of our community first.
I am proud of my record of getting things done to help others. I am proud to be a Democrat and to have helped so many other great candidates achieve success throughout my life. Now I need your help as an inaugural member of my team.
If there are any questions that aren’t answered by my website, or if you just want to grab a cup of coffee, you can call or text my cell phone at 703-989-9261 or email me at cecelia@cecelia4colorado.com
This article is a collaboration between The Border Chronicle and TomDispatch, a great outlet which has been looking at U.S. foreign policy, the military industrial complex, the “forever wars,” climate change, and many other topics since 2001.
On September 23rd, at about 2:30 a.m., a Border Patrol surveillance camera captured two people crossing the international boundary between Mexico and the United States on the outskirts of Nogales, Arizona. A Border Patrol vehicle arrived quickly, but not before one of them had fled back into Mexico. When an armed agent stepped out, dressed in a forest-green uniform, he found a 16-year-old girl from Mexico softly crying, while holding her month-old baby swaddled in a blanket.
The agent commanded her to get in the vehicle. As they then drove to the Nogales Border Patrol station, the girl, he later reported, tried to speak to him in Spanish through the security partition that separated them. Her tiny daughter, she was telling him, was in distress. Cameras showed that the vehicle stopped for all of 10 seconds before continuing. The agent later claimed he couldn’t understand what she was saying and that he wanted to find a fluent Spanish speaker at the station. He didn’t realize, he insisted, that the infant was struggling to breathe, though the child soon died.
This hellish story of suffering at our border is but one of hundreds of similar tales of horror from 2023. They illustrate a fundamental truth about that border: it neither is, nor ever was, an “open” one in the Biden years, nor does the president faintly have an open-border policy, though prepare yourself to hear otherwise — over and over again — in Trumpublican campaign ads next year. They’ll repeat what party officials are already saying all too repetitively: that “President Biden’s radical open borders policies” have created “the worst border crisis in American history.” (While those are the exact words of House Oversight Committee chair James Comer, similar sentiments are already being offered by countless members of the GOP.)
Comer’s claim is, of course, no less predictable than the hardships migrants like that girl are suffering as they try to reach this country. While such border narratives traffic in the unreal, what is real either isn’t effectively reported or gets lost amid all the politically motivated noise. Loud fantasies are expansively covered, while life-and-death stories, like those of that infant and her mother, are seldom reported and, if they are, quickly disappear.
Barely a week before that 16 year old was desperately trying to communicate to the agent in Spanish, the United Nations International Organization for Migration (IOM) labeled the U.S.-Mexico border the world’s “deadliest migration land route.” In 2022, a record 853 remains of dead border crossers were recovered (and this is the U.S. Border Patrol’s figure, which is even higher than the IOM’s), dwarfing the record of 568 set the previous year. Such numbers, the IOM stresses, are known to be distinct undercounts, leaving all too many families pining for lost loved ones.
But those border fatalities weren’t the only record breaker. Another was confirmed just a week after medical personnel at the Nogales station rushed to treat that girl’s baby. The number of border contracts issued to private industry also set a new record. Like those deaths, such contracts soared in fiscal year 2023 to $9.96 billion, instantly stripping the previous high, also set last year, of $7.5 billion.
And mind you, those gifts to industry were made from the highest budget ever (including in the Trump years) for border and immigration enforcement: $29.8 billion. So, don’t for a second think that the U.S. has an “open” border. In fact, it’s never been more fortified or — something few even bother to mention — more profitable, if you happen to be part of the border-industrial complex.
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Read the full article at the link.
Maybe it’s because the victims are “only migrants, mostly people of color” and therefore not considered to be “real human beings” by some in the media; maybe it’s because getting the real story about the border requires intensive digging, intellectual expertise, and perhaps some danger; maybe it’s because editors are in search of alarmist “sky is falling” myths about the “border apocalypse” to attract readers, viewers, and “online hits;” maybe it’s because of a false belief that truth is “boring” and “doesn’t sell!”
For whatever reason, the non-Fox networks (Fox is a primary purveyor of the “Big Lie” and the “Open Borders Fantasy”) and “mainstream media” do a really poor job on border reporting.
Those with even a passing familiarity with “talking heads” are no-doubt familiar with claims from nativist GOP politicos, righty reporters, and even some Dems about the mythical a “open borders!” None of these folks have recent experience helping asylum seekers trying to exercise their legal rights under domestic laws, international treaties, and ourConstitution in a border system specifically designed to “discourage and deter” them, rather than identify and promptly grant the many legally sufficient claims for protection.
By contrast, when is the last time you saw real experts — folks like Clinical Professor Steve Yale-Loehr, former Deputy UNHCR and Georgetown Law Dean Alex Aleinikoff, CGRS Director Karen Musalo, HRF Refugee Programs Director Eleanor Acer, UC Davis Law Dean Kevin Johnson, NIJC Executive Director Mary Meg McCarthy, Immigrant Defenders Executive Director Lindsay Toczylowski, Rep. Hillary Scholten (D-MI) or any of the other huge numbers of highly articulate, well-recognized, “hands on practical experts” on human rights and asylum appear on the “talking heads” to throw some truth and real light on this important, nearly totally misunderstood and intentionally misconstrued, issue that GOP nativists have thrust to the forefront of the 2024 campaign?
Meanwhile, Dems should NOT be “running away” from the realities and essential benefits provided by robust immigration and the cruel wastefulness and immorality of Trumps’s proposed neo-Nazi “crackdown” on all forms of migration (although, disgracefully, some Dems are doing exactly that, thus playing into the hands of GOP nativists for absolutely NO return).
Simon Rosenberg Veteran U.S. Political Analyst Hopium PHOTO: Substack
Here are some ideas from Simon Rosenberg at Hopium on Substack on how Dems can make immigration a centerpiece for success in 2024:
Former President Donald J. Trump is planning an extreme expansion of his first-term crackdown on immigration if he returns to power in 2025 — including preparing to round up undocumented people already in the United States on a vast scale and detain them in sprawling camps while they wait to be expelled.
The plans would sharply restrict both legal and illegal immigration in a multitude of ways.
Mr. Trump wants to revive his first-term border policies, including banning entry by people from certain Muslim-majority nations and reimposing a Covid 19-era policy of refusing asylum claims — though this time he would base that refusal on assertions that migrants carry other infectious diseases like tuberculosis.
He plans to scour the country for unauthorized immigrants and deport people by the millions per year.
To help speed mass deportations, Mr. Trump is preparing an enormous expansion of a form of removal that does not require due process hearings. To help Immigration and Customs Enforcement carry out sweeping raids, he plans to reassign other federal agents and deputize local police officers and National Guard soldiers voluntarily contributed by Republican-run states.
To ease the strain on ICE detention facilities, Mr. Trump wants to build huge camps to detain people while their cases are processed and they await deportation flights. And to get around any refusal by Congress to appropriate the necessary funds, Mr. Trump would redirect money in the military budget, as he did in his first term to spend more on a border wall than Congress had authorized.
In a public reference to his plans, Mr. Trump told a crowd in Iowa in September: “Following the Eisenhower model, we will carry out the largest domestic deportation operation in American history.” The reference was to a 1954 campaign to round up and expel Mexican immigrants that was named for an ethnic slur — “Operation Wetback.”
The constellation of Mr. Trump’s 2025 plans amounts to an assault on immigration on a scale unseen in modern American history. Millions of undocumented immigrants would be barred from the country or uprooted from it years or even decades after settling here.
Such a scale of planned removals would raise logistical, financial and diplomatic challenges and would be vigorously challenged in court. But there is no mistaking the breadth and ambition of the shift Mr. Trump is eyeing.
Despite being inhumane and jawdroppingly cruel, this plan is now a major political problem for an already struggling Republican Party for at least three main reasons:
Raids and Mass Deportations Are Deeply Unpopular – We have decades of polling on the forced removal of the 10m+ undocumented immigrants (almost all of whom are employed and pay taxes) in the US, and it is wildly unpopular, perhaps even more so than “abortion bans.” One example – in the 2016 exit polls, in the election that gave Trump the Presidency, the American people choose “offer legal status” to “deported to home country” 70%-25%. Republicans may have a slight advantage on immigration issue right now, but mass deportation is seen as an extreme position by the American people (rightly so). It was so unpopular that the anti-immigration movement dropped mass deportation as a goal, moving to the softer “attrition through enforcement,” or “self-deportation,” political strategy more than a decade ago.
Trump’s plan is another sign of how extremism and extremists have overtaken the party of Lincoln and Reagan.
As I document here, since 2005, when the national Republican Party began adopting a far harder line on immigration (Reagan, W. Bush and McCain were all immigration reformers), the 4 battleground states of the Southwest, AZ/CO/NM/NV, have drifted away from the Republican Party, becoming far bluer. In the last 2 elections we’ve seen the best Democratic performance in that region since the 1940s and 1950s, and a reminder that Biden got within 5 points of Trump in Texas in 2020. In the heavily Mexican-American parts of the country in particular raids and mass deportations are wildly unpopular.
It Was A Plan Like This That Caused The Big Hispanic Protests Across the US in 2006 – In 2005 the Republican House of Representatives bucked their President, George W. Bush, and passed a bill that called for the rounding up and mass deportation of the 11m undocumented immigrants in the country. It was the moment when the party of the Sun Belt and the West went from pro-immigration to deeply restrictionist. Over the next year huge protests against this bill and mass deportation erupted across the US, and Republicans became so spooked that we were able to pass a “comprehensive immigration reform” bill through a Republican Senate in 2006. That bill, like the 2013 immigration reform bill we passed through the Senate, was never taken up by the Republican House and it died.
But those protests did something important politically – after years of Republican gains with Hispanics under W. Bush, Hispanics ran back into the arms of Democrats in 2006 and they have essentially stayed there ever since. In the 2006 midterms Democrats won 69% of the Hispanic vote, among our best performances in recent decades.
In the four Presidential elections leading up to 2006 Democrats averaged 47% of the vote, and in 2004 we lost AZ/CO/NM/NV. In the four Presidential elections since 2006 Democrats have averaged 51% and in 2020 we won AZ/CO/NM/NV at the Presidential level for the first time since 1940. As the Hispanic population has grown across the US and in these states, our net vote margin with Hispanic voters keeps increasing, even if we lose a few points in vote share. As I show here, in 2004 the net Hispanic vote margin for Democrats was about 700,000 votes nationally, meaning we won 700,000 more Hispanic votes nationally than Republicans. In 2020 that number was at least 4.5m net votes across the US, with this same dynamic playing out in each state with large Hispanic populations (except Florida of course).
My instinct is that whatever advantage Republicans had on immigration, and whatever small gains they had made with Hispanic voters in recent years, is now gone.
This Plan Will Wreck The American Economy – In a time of existing wide scale worker shortages, removing 10-15m workers from the American economy in a short period of time would be national economic suicide, and will be seen that way by the business community in DC and in the battleground states. It’s just totally insane and extremist policy no matter how you look at it, and I think it could become as much of a drag on the GOP brand as abortion is now.
For a party which has lost the popular vote in 7 of the last 8 elections, lost the popular vote to Democrats 51%-46% over the past 4, lost the 2018/2019/2020/2022 and 2023 elections, has deep performance issues across the country even in red states since Dobbs, embracing mass deportations seems like a colossal political error.
It is another reason why I think our goal in 2024 should be not just to win, but to really go on offense, get to 55, and make this election an historic repudiation of the worst and most dangerous political party in our history. We can do this people!
Onward/Adelante – Simon
Thank you for reading Hopium Chronicles By Simon Rosenberg. This post is public so feel free to share it.
It’s critical to remember that migrants aren’t the ONLY target of Trump’s neo-Nazism — they might not even be the primary ones! You can guarantee that many US citizens and lawfully present non-citizens of color will be caught up in the dragnet and sent off to deportation concentration camps where due process is non-existent.
Others will simply avoid certain public places and activities for fear of being accosted. Still others will be forced underground because of fear of drawing attention to undocumented relatives or neighbors. Some U.S. citizens will fear voting, which indeed is a key part of the GOP plan to cement their “out of the mainstream” minority rule by suppressing suffrage! As those of us who adjudicated asylum claims know, many will fear reporting abuses or asserting rights to police who openly identify with their oppressors. Fear, despair, distrust, and resignation are key pillars of any authoritarian regime!
It’s attack on all people of color in America and those who might speak with an accent or dress differently from the GOP’s “White Christian Nationalist norms.”
How many of us carry around documentation proving that our parents were U.S. citizens? Notably, although occupational status is often menioned on U.S. birth certificates, citizenship status is NOT. It’s not hard to guess who will be “required” to “document” their parents’ citizenship by Trump’s internal security police!
Trump and the GOP are an existential threat to U.S. democracy, human progress, and American leadership on the world stage. Don’t let them destroy OUR country and take away YOUR rights!
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