TRUMP ADMINISTRATION’S EXISTENTIAL THREAT TO NATIONAL SECURITY: Bogus Focus On Harmless Migrants Exercising Legal Rights To Apply For Asylum While Defunding State & Local Response Programs & Ignoring Real Security Threats!

Lawmakers question Trump’s Homeland Security chief over focus on immigrant caravan, border wall

By: Tal Kopan, CNN

The secretary of homeland security faced sharp questioning about agency priorities from lawmakers on both sides of the aisle at a House Homeland Security Committee hearing Thursday, with many expressing deep concerns about whether the Trump administration is properly promoting Americans’ safety.

Democrats in particular questioned Kirstjen Nielsen about the administration’s prioritization of immigration enforcement and the building of a border wall while also seeking to cut funding for state and local governments to prepare for and respond to security threats.

“Tell us how cutting this kind of funding helps America be safer,” demanded Rep. Bill Keating, D-Massachusetts.

The top Democrat on the committee, Mississippi Rep. Bennie Thompson, had sharp words for Nielsen in his opening remarks, accusing the department of intentionally attacking non-dangerous immigrants as a distraction.

“Based on your press releases this week, you would think the most important homeland security problem facing the nation is a handful of Central Americans moving through Mexico,” Thompson said, referring to a caravan of mostly women and children asylum seekers that takes place every year to call attention to the plight of Central Americans. “That does not make it so. … Better to distract the American people from the very real issues facing the department and perhaps from the President’s own problems too.”

In one particularly sharp exchange, Florida Democratic Rep. Val Demings, a former chief of police in Orlando, pressed Nielsen on whether she prioritized the wall and immigration over helping local communities.

More: http://www.cnn.com/2018/04/26/politics/caravan-border-wall-kirstjen-nielsen-hearing/index.html

 

More: http://www.cnn.com/2018/04/26/politics/caravan-border-wall-kirstjen-nielsen-hearing/index.html

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As I’ve said before, Nielsen is an intellectual lightweight, sycophant, and White Nationalist enabler. She proves it almost every time she opens her mouth in public. Her disingenuousness and toadyism make her a threat to our security every day she is in office.

Fortunately, there appear to still be enough professional civil servants in the ranks of DHS somewhere to have averted a national security disaster to date. But, if we survive this Administration, and it’s toxic focus on immigration to the exclusion of real law enforcement and national security problems, it certainly will be in spite of, not because of, folks like Nielsen.

PWS

04-27-18

ROBERT BARNES @ WASHPOST: “Trump v. State of Hawaii” Is Actually “Trump v. Trump” — The President’s Constant Barrage Of Un-Presidential Behavior Has Always Been The Real Issue — Will Court Impose Limits Or Wash Its Hands & Let Voters Deal With A President Who Undermines Our Republic? — Most Observers Expect Supremes’ Majority To Punt On Trump’s Biased Agenda!

https://www.washingtonpost.com/politics/courts_law/in-travel-ban-case-supreme-court-considers-the-president-vs-this-president/2018/04/22/f33f1edc-44cb-11e8-8569-26fda6b404c7_story.html?utm_term=.223d08cb0950

Robert Barnes reports for WashPost:

The Supreme Court’s final oral argument of the term will be one of its most important and potentially far-reaching, an examination of the president’s authority to protect the country by banning some foreigners who seek entry.

But, similar to a debate that has consumed Washington for the past 15 months, a major issue for the court is separating “the president” from “this president.”

The justices on Wednesday will consider President Trump’s third iteration of a travel ban that bars most nationals from a small group of mostly Muslim nations. It is the first time the court has considered the merits of a policy that has consumed the administration since its start, and raises deep questions about the judiciary’s role in national security issues usually left to the political branches.

The first version of the ban was issued just a week after Trump took office, and lower courts have found that it and each reformulated version since exceeded the authority granted by Congress and was motivated by Trump’s prejudice — animus, as courts like to say — toward Muslims.

The state of Hawaii, which is leading the challenge of the ban, told the Supreme Court:

“For over a year, the president campaigned on the pledge, never retracted, that he would ban Muslims from entering the United States.

“And upon taking office, the president issued and reissued, and reissued again, a sweeping and unilateral order that purports to bar over 150 million aliens — the vast majority of them Muslim — from entering the United States.”

Hawaii’s brief, by Washington lawyer Neal K. Katyal, cites not only Trump’s campaign comments, but also his actions as president, including the time he retweeted “three anti-Muslim propaganda videos” from a widely condemned far-right British organization.

This led to a response by the solicitor general of the United States to the justices of the Supreme Court that could have been written only in this era, about this chief executive:

“The president’s retweets do not address the meaning of the proclamation at all.”

Solicitor General Noel J. Francisco urged the court not to get distracted by the president’s bluster — he has said nice things about Muslims, too, the brief states — and to keep its examination on the law.

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Read Barnes’s full article at the link.

Trump has never shown any actual justification for the “bogus ban.” But, the standard of “facially bona fide and legitimate” is very permissive. As usual, from a legal standpoint, Trump would have done better to have kept his big mouth shut!

PWS

04-24-18

TAL @ CNN: DENYING DUE PROCESS IN U.S. IMMIGRATION COURTS — Sessions’s Plans & Actions Contravene Many Key Recommendations Of Recent Independent Internal Evaluation – Feuding With Judges, Suspending Legal Orientation Program, Establishing Evaluations Based On “Quotas,” Detailing Judges To Border Detention Centers, Restricting Administrative Closing, Increasing Use Of Televideo Hearings, Emphasis On Increasing Removals Over Due Process All Run Counter To Recent Recommendations!

http://www.cnn.com/2018/04/23/politics/immigration-courts-justice-department-report/index.html

Justice report’s findings clash with Sessions’ actions

By Tal Kopan

 

Attorney General Jeff Sessions has made overhauling the chronically backlogged immigration courts a top priority — but some of his moves seem to run counter to recommendations in a Justice Department-commissioned report made public on Monday.

While some of the recommendations, such as increasing staffing, have been part of his efforts, other steps — such as requiring judges to process a target amount of cases — run contrary to the study’s suggestions.

The report was written by consulting firm Booz Allen Hamilton last April after a yearlong analysis commissioned by the Justice Department’s immigration courts division. A redacted version was made public Monday as the result of a Freedom of Information Act request by the American Immigration Lawyers Association and American Immigration Council.

The report looks at the chronic inability of the immigration courts to keep up with the number of cases before them. Cases related to immigration status are handled in a court system separate from the typical criminal and civil courts in the US — a system that is run entirely by the Justice Department and in which the attorney general effectively functions as a one-man Supreme Court.

Because cases can take years to finish, undocumented immigrants can end up living and building lives in the US as they await a final decision on whether they are legally allowed to stay in the US — something the Trump administration has cited as a driver of illegal immigration.

The Booz Allen Hamilton analysis identifies a number of issues that contribute to the backlog, including staffing shortages, technological difficulties and external factors like an increasing number of cases.

Sessions has worked to hire more immigration judges and has ordered other upgrades like the use of an electronic filing system, as the report recommends.

But the American Immigration Lawyers Association expressed concern about a number of other recommendations that seemed ignored or on which opposite action was taken.

Responding to the report, a Justice Department official who requested not to be named said that the efforts of the department are “common-sense.”

“After years of mismanagement and neglect, the Justice Department has implemented a number of common-sense reforms in the immigration court system, a number of them address these issues and we believe that focusing our efforts on these reforms has been an effective place to start,” the official said.

The report’s recommendations include a performance review system for judges, who are hired and managed by the Justice Department, that “emphasizes process over outcomes and places high priority on judicial integrity and independence,” including in dialogue with the union that represents immigration judges. The Justice Department recently rolled out a performance metrics system, though, that requires judges to complete a certain number of cases per year and sets time goals for other procedural steps along the way, which immigration judges have strongly opposed as jeopardizing the ability of judges to make fair, independent decisions.

In a call with reporters, AILA representatives and a retired immigration judge argued that while the report doesn’t explicitly reject a quota system, it’s clear that putting one in place is contrary to the recommendation. They say that judges who are fearful of their job security and opportunity for advancement may be pressured to speed up hearing cases at the expense of due process for the immigrants, which could skew the outcome of the case.

A Justice Department official said the agency rejects the notion of a “false dichotomy” that improving efficiency sacrifices due process and said the agency has also put in place court-based metrics that lend itself to the recommendation of the report.

In another example, the report recommends that the Justice Department consider expanding legal orientation programs for immigrants and increasing their access to attorneys, so they can better navigate the system. The Justice Department recently put on hold a legal advice program for immigrants in the courts, saying it needed to be reviewed, though audits in the past had consistently shown it was productive and had saved the government money long-term. Officials say they may reinstitute the program if the audit shows it is effective.

The report also recommends limited use of video hearings, saying judges are stymied by technical difficulties and also are less able to read the subtle cues and nonverbal communications of witnesses and people involved in the hearings. Sessions’ immigration courts plan includes expanding the use of video hearings.

In another example, one of Sessions’ first moves in taking office was to send a number of judges to the border on a temporary assignment to handle cases there. The report says temporary assignments should be avoided, as they create more delays when judges have to catch up on their workloads back home.

The report also recommends administratively closing cases if they are being adjudicated in some other venue, like a visa petition or another court case. The Trump administration has sought to curtail the administrative closing of cases.

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DOJ’s ridiculous claim that Sessions’s actions are “common sense” is refuted by virtually everyone with expertise or true understanding of the Immigration Court system including those working in it, those stuck in it, and even ICE!

There can be no effective, Due Process oriented, “actual common sense” Immigration Court reforms so long as Jeff Sessions controls those courts.

PWS

04-23-18

PRO PUBLICA: HOW OUR GOVERNMENT HAS CYNICALLY TURNED WHAT SHOULD BE A GENEROUSLY ADMINISTERED, LIFE-SAVING, PROTECTION-GRANTING ASYLUM SYSTEM INTO A “GAME OF CHANCE” WITH POTENTIALLY FATAL CONSEQUENCES FOR THE HAPLESS & VULNERABLE “PLAYERS!” –Play The “Interactive Version” Of “The Game” Here – See If You Would Survive or Perish Playing “Refugee Roulette!”

https://projects.propublica.org/asylum/#how-asylum-works

Years-long wait lists, bewildering legal arguments, an extended stay in detention — you can experience it all in the Waiting Game, a newsgame that simulates the experience of trying to seek asylum in the United States. The game was created by ProPublica, Playmatics and WNYC. Based on the true stories of real asylum-seekers, this interactive portal allows users to follow in the footsteps of five people fleeing persecution and trying to take refuge in America.

The process can be exhausting and feel arbitrary – and as you’ll find in the game, it involves a lot of waiting. Once asylum-seekers reach America, they must condense complex and often traumatic stories into short, digestible narratives they will tell again and again. Their  lives often depend on their ability to convince a judge that they are in danger. Judicial decisions are so inconsistent across the country, success in complicated cases can  come down to geography and luck — in New York City only 17 percent of asylum cases are denied in immigration court; in Atlanta, 94 percent are. Increasingly, many asylum-seekers are held in detention for months or even years while going through the system. The immigration detention system costs more than $2 billion per year to maintain.

The Trump administration has tried to reframe the asylum system as a national security threat and a magnet for illegal immigration. Attorney General Jeff Sessions characterizes the American asylum process as “subject to rampant abuse” and “overloaded with fake claims.” He has aimed recent reforms at expediting asylum adjudications to speed up deportations and at making it more difficult for certain groups to qualify for protection, such as Central Americans who claim to fear gender-based violence or gang persecution.

The narrative that the system is overrun with fraud has long been pushed by groups that favor limiting immigration overall. They point to some 37 percent of asylum-seekers who annually miss their immigration hearings as evidence that people without legitimate fears of persecution game the system. They argue that allowing asylum-seekers to obtain work permits while they wait for a decision on their cases — which sometimes takes years — incentivizes baseless claims.

But another picture emerged when ProPublica spoke with more than 20 experts and stakeholders who study and work in the asylum system, including lawyers, immigration judges, historians, policy experts, an asylum officer, a former border patrol agent and a former ICE prosecutor.

When asked about changes to the system they’d like to see, many suggested providing asylum-seekers with better access to lawyers to support due process, expanding the definition of a refugee to cover modern-day conflicts,providing more resources to help the system process claims in a timely manner, and improving judicial independence by moving immigration courts out of the Department of Justice.

Most acknowledged some level of asylum-claim abuse exists. “In any system, of course, there are going to be some bad actors and some weaknesses people seek to exploit,” said Doris Meissner, the former commissioner of the U.S. Immigration and Naturalization Service from 1993 to 2000.

But they also argued for the importance of protecting and improving a national program that has provided refuge to hundreds of thousands of people. “If you are going to make a mistake in the immigration area, make this mistake,” said Bill Hing, director of the University of San Francisco’s Immigration and Deportation Defense Clinic. “Protect people that may not need protecting, but don’t make the mistake of not protecting people who need it.”

Victor Manjarrez, a former border patrol agent from the 1980s until 2011, said he had seen human smuggling networks exploit the border over the years, but also many people who genuinely needed help.

“We have a system that’s not perfect, but is designed to take refugees. That is the beauty of it,” he said. “It has a lot of issues, but we have something in place that is designed to be compassionate. And that’s why we have such a big political debate about this.”

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Read the narrative and play the interactive “Waiting Game” at the above link!

Getting refuge often depends on getting the right:

  • Border Patrol Agent an Asylum Officer to even get into the system;
  • Lawyer;
  • Local Immigration Court;
  • Immigration Judge;
  • DHS Assistant Chief Counsel;
  • BIA Panel;
  • U.S. Court of Appeals jurisdiction;
  • U.S. Court of Appeals Panel;
  • Luck.

If something goes wrong anywhere along this line, your case could “go South,” even if it’s very meritorious.

I also agree with Professor Hing that given the UNHCR guidance that asylum applicants ought to be given “the benefit of the doubt,” the generous standard for asylum established by the Supremes in INS v. Cardoza-Fonseca and implemented by the BIA in Matter of Mogharrabi, and the often irreversible nature of wrongful removals to persecution, the system should be designed to “error on the side of the applicant.”

Indeed, one of the things that DHS in my experience does well is detecting and prosecuting systemic asylum fraud. While a few individuals probably do get away with tricking the system, most “professional fraudsters” and their clients eventually are caught and brought to justice, most often in criminal court. Most of these are discovered not by “tough laws” or what happens in Immigration Court, but by more normal criminal investigative techniques: undercover agents, tips from informants, and “disgruntled employees or clients” who “blow the whistle” in return for more lenient treatment for themselves.

Hope YOU get protected, not rejected!

PWS

04-23-18

MULTI-TALENTED TAL @ CNN TAKES US TO THE S. BORDER IN PICTURES & WORDS!

http://www.cnn.com/2018/04/19/politics/secretary-nielsen-dhs-border-fence-wall-immigration/index.html

Snapshots from the US-Mexico border

Updated 6:55 PM ET, Thu April 19, 2018

 Here are Tal’s pictures. For whatever technical reason, you’ll have to go to the original article at the link to get the captions that go with them!
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Wow! As those of you who read “Courtside” on a regular basis know, I’m a HUGE FAN of Tal’s timely, incisive, concise, and highly accessible reporting. I feature it on a regular basis. I’ve also seen her do a great job on TV and video. But, until now, I didn’t know about her skills as a photojournalist. Tal can do it all!
Also, as my colleague Judge and Super-Blogger Jeffrey Chase pointed out in one of his recent comments on this blog, pictures play an essential role in understanding the immigration saga in America.
Been there, done that in my career. Takes me back to the long past days of riding three wheelers, helicopters, Patrol Cars, looking through infrared night scopes, and even accompanying foot patrol during my days in the “Legacy INS General Counsel’s Office.” (Most often on the border south of San Diego.) We actually took the Trial Attorneys and some of the Assistant U.S. Attorneys prosecuting our cases with us to show them what it was really like at the “ground level.”
Actually doesn’t look all that much different decades later. What is painfully clear is that walls, fences, helicopters, detectors, unrealistically harsh and restrictive laws, and more detention centers (the “New American Gulag”) will never, ever “seal” our borders as some immigration hard-liners insist is possible.
At best, we can control, channel, and regulate the flow of migrants, but not halt it entirely. Human migration was taking place long before the U.S. became a nation, and I daresay that it will continue as long as there are humans left on earth. To think that walls, troops, concentration camps, harsh laws, and prisons are going to halt it completely is a mixture of arrogance and ignorance.
So, rather than pouring  more money down the drain on the same “strategies” that have been failing for decades, a “smart” border control policy would involve:
  • More realistic and generous interpretations of our refugee and asylum laws that should include most of those fleeing for their lives from the Northern Triangle;
  • A much larger and more “market based” legal immigration system for permanent and temporary migrants that would meet the legitimate needs of U.S. employers and our economy while making it attractive for most prospective workers and employers to use the legal visa system rather than the “black market” of undocumented entry;
  • A larger and more robust refugee processing program for Northern Triangle refugees so most would be screened and documented outside the U.S.;
  • Cooperation with the UNHCR and other stable countries in the Western Hemisphere to distribute the flow of long-term and temporary refugees in an equitable manner that will help both the refugees and the receiving countries;
  • Working with and investing in Mexico and Northern Triangle countries to address and correct the conditions that create migration flows to the Southern Border.
  • Providing lawyers for asylum applicants who present themselves at the Southern Border so that their claims for protection  (which actually go beyond asylum and include protection under the Convention Against Torture) can be fairly, correctly, and efficiently determined in an orderly manner in accordance with Due Process.

No, it’s unlikely to happen in my lifetime. But, I hope that future generations, including the members of the “New Due Process Army,” will find themselves in a position to abandon past mistakes, and develop the smart, wise, generous, humane, realistic, and effective immigration and refugee policies that we need to keep our “nation of immigrants” viable and vitalized for centuries to come. Until then, we’re probably going to have to watch folks repeat variations of the same painful mistakes over and over.

PWS

04-19-18

SCOFFLAW SESSIONS LOSES AGAIN ON SANCTUARY CITIES – 7TH CIRCUIT FINDS SESSIONS’S ACTIONS UNCONSTITUTIONAL “Usurpation Of Power” — City of Chicago v. Sessions

Trump and Sessions lose another sanctuary cities case

By: Tal Kopan, CNN

A federal appeals court struck another blow Thursday to the Trump administration’s efforts to pressure sanctuary cities, upholding a court order preventing the Justice Department from imposing conditions on grants to cities.

The three-judge panel from the 7th US Circuit Court of Appeals upheld a lower court’s decision blocking the Justice Department from adding new conditions on policing grants that had required some cooperation with federal immigration enforcement.

The ruling makes it the latest federal court, along with courts in California and Philadelphia, to restrict what the administration can try to do to pressure jurisdictions that restrict some cooperation with federal immigration enforcement.

It comes as President Donald Trump has been targeting his fury on Twitter at sanctuary cities, which administration officials accuse of jeopardizing public safety.

The judges sided with the city of Chicago in the case, which had challenged Attorney General Jeff Sessions’ July effort to condition the Edward Byrne Memorial Justice Assistance Grant Program on two new requirements: allowing federal immigration authorities access to local detention facilities and providing the Department of Homeland Security with at least 48 hours’ notice before local officials release an undocumented immigrant wanted by federal authorities.

The administration has been aggressive in asking cities to comply with those requests, but a number of cities and police chiefs around the country argue that cooperating in that way could jeopardize the trust police need to have with local communities, and in some cases could place departments in legal gray areas.

Like the district judge, the appellate judges found that Chicago was likely to succeed in its case that such conditions would be a violation of the Constitution and law, as Congress did not authorize those conditions when it created the grants.

The judge who wrote the opinion called the attorney general’s move a “usurpation of power.”

More: http://www.cnn.com/2018/04/19/politics/court-rules-against-trump-sessions-sanctuary-cities-chicago/index.html

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Our Attorney General continues to thumb his nose at the Constitution while wasting judicial time. That’s what the “rule of law” means in “Gonzoland.”

Here’s a link to the 7th Circuit’s full decision written by Judge Rovner.

7thChicagoSanctuaryInjunction

PWS

0-9-18

 

TAL @ CNN: Documents Obtained Under FOIA Lend Support To Widely Held View That Trump Administration’s Decision To End Haitian TPS Driven By Bias Not Facts!

DHS decision to end Haitian immigrant protections questioned

By: Tal Kopan, CNN

Newly released internal documents are raising questions about the Trump administration’s decision to end protections for tens of thousands of Haitian immigrants — and whether the argument that the protections were no longer merited was valid.

Under President Donald Trump, the Department of Homeland Security has been aggressive in ending a number of temporary protected status designations that have been on the books, in some cases, for decades.

Roughly 300,000 people who have lived in the US with legal permission, most of whom have been here for upward of 15-20 years, could have their status pulled in the coming months as the protections expire. In the case of Haiti, nearly 60,000 immigrants are set to see their status expire next year.

The justification from the administration for ending the protections has been that by law, when the conditions from the original disaster that triggered the protections have improved, they must expire. DHS has been clear that it does not believe it can look at the totality of conditions in the country to factor in its decision making.

But the documents released Tuesday as part of a Freedom of Information Act lawsuit raise questions about whether DHS was accurately interpreting information in drawing those conclusions.

The documents suggest DHS contradicted its own staff assessment of Haiti when it opted to end TPS for the country, which was put in place after the devastating 2010 earthquake. The documents also include email correspondence showing Haiti’s deep concern about ending TPS for the country.

While many of the documents are redacted, the release includes a report prepared by staff about the conditions in Haiti, which was included as part of a recommendation by the director of US Citizenship and Immigration Services.

More: http://www.cnn.com/2018/04/17/politics/haiti-tps-documents-questions/index.html

 

And SCOTUS coverage here:http://www.cnn.com/2018/04/17/politics/supreme-court-federal-law-deportation-immigrants/index.html

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It’s no surprise that Trump Administration immigration policies are based on racial animus and White Nationalism and that they often fly in the face of known conditions in foreign countries. That’s what bias and congenital dishonesty are all about.

Haitian immigrants, who have made great contributions to the United States, have been singled out for poor treatment by past Administrations of both parties. But, they have persevered in the face of adversity both at home and abroad.

Not sure what the remedy would be here even if bias could be proved. The legislation creating TPS status makes country designations or non-designations matters committed to Executive discretion without any judicial review.

So the remedy is probably the same as for most of the Trump Administration’s unlawful and immoral acts: removal of the Administration and its GOP enablers at the ballot box. Even if that eventually happens, it’s not clear whether it will be soon enough to save Haitians in TPS status.

On the other hand, since most of the Haitians in TPS status would be entitled to full hearings before the Immigration Courts,  they probably won’t be ordered out of the country any time soon. But, in some cases they could lose their authorization to work.

 

PWS

04-18-18

GONZO’S WORLD: “Apocalypto” & “Mikey P” Headline SNL “Cold Opening” Featuring “Michael ‘The Fixer’ Cohen” & “Bob Mueller”

Here’s the link:

https://apple.news/AkZhe3YpoQsOHijc1PgzkZQ

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I’m betting that when the time comes that our poor nation finally is relieved of Gonzo’s “services” as AG, unlike the late Janet Reno he won’t be showing up for any live appearances on SNL. Perhaps, he’ll be out on bond awaiting trial. At least he’s smart enough to hire “Chuckie” Cooper as his mouthpiece rather than “The Fixer!”

 

PWS

054-15-18

 

BESS LEVIN @ VANITY FAIR: Scott Pruitt Isn’t As Bad As You Might Think He Is – He’s 10X Worse! – GOP Takes an “Ethics Vacation” On Totally Corrupt EPA Sec!

https://www.vanityfair.com/news/2018/04/scott-pruitt-is-an-even-bigger-monster-than-you-thought

Bess writes:

Earlier this month, in the wake of revelations about his pricey travel habits and sweetheart deal on rent courtesy of a high-powered lobbyist, Scott Pruitt sat down with a series of reporters to clear the air and explain what was happening. The negative headlines and stories painting him as one of the most corrupt Cabinet members in the Trump administration were the result of one thing and one thing only, he said: a liberal plot against him. The real issue, Pruitt and his defenders insist, is not his preference for flying first class when coach would suffice, or the $50 a night he was shelling out for part of a D.C. townhouse in a neighborhood where the market rate was several multiples of that, but that the left simply doesn’t appreciate his hydrocarbon-happy dismantling of Barack Obama’sregulatory regime. Which makes fresh accusations against Pruitt, by one of Donald Trump’s favorite staffers, somewhat awkward!

In a six-page letter addressed to Pruitt but circulated much more widely than his pair of very fancy desks, two senators and three House representatives detailed allegations that were brought to their attention this week by Kevin Chmielewski, who served as the president’s body man during the campaign—Trump called him a “star” and a “gem”—before going on to work as the E.P.A.’s deputy chief of staff. (Chmielewski was placed on administrative leave without pay after objecting to Pruitt’s spending policies, which can be loosely summed up as: F–k you, I do what I want.) Among the most damning allegations:

  • Pruitt demanded the agency “enter into a $100,000 per month contract to rent a private jet, which would have cost more than the administrator’s annual travel budget of approximately $450,000,” a situation Chmielewski says he prevented from happening, probably to the detriment of his employment;
  • Pruitt made travel decisions based on his “desire to visit particular cities or countries rather than official business” and then told staff to “‘find me something to do [in those locations]’ to justify the use of taxpayer funds,” which might explain his trip to Morocco to promote U.S. natural gas exports, despite the fact that said exports are not part of the E.P.A.’s mission to “protect human health and the environment”;
  • Pruitt booked his flights through Delta, despite the airline not being the federal government’s contract carrier for the route, “because [he] want[ed] to accrue more frequent flier miles,” just in case his private jet didn’t pan out;
  • Pruitt directed his staff to “find reasons for [him] to travel to Oklahoma, so [he] could be in his home state for long weekends at taxpayers’ expense,” where he has seemingly been laying the groundwork for a run for office;
  • Pruitt stayed in hotels that far exceeded the U.S. government per diem, sometimes by 300 percent. Exhibit A: when he traveled to Australia and Italy and refused to stay in hotels recommended by the U.S. Embassy, choosing fancier but less secure ones, which you think would concern someone who wanted a bullet-proof desk;
  • Pruitt blew through the $5,000 limit allowed by law to redecorate his office with items that included a $43,000 soundproof phone booth, art leased from the Smithsonian Institution, and a desk (one of two) that alone cost $2,075;
  • Pruitt insisted, as previously reported, on “the use of lights and sirens to transport [him] more quickly through traffic to the airport, meetings, and social events on numerous occasions” and required his drivers to “speed through residential neighborhoods and red lights, far in excess of posted speed limits,” because Scott Pruitt’s got places to be, people!
  • Pruitt insisted the E.P.A.’s director of scheduling “act as his personal real estate representative, spending weeks improperly using federal government resources and time to contact rental and seller’s agents, and touring numerous properties in which [he] might wish to reside”;
  • Pruitt gave two favored aides giant salaries after they were denied by the White House (which Pruitt claimed in recent interviews to not know anything about);
  • And that Pruitt did not even pay the $50 per night he owed lobbyist J. Steven Hart, who complained during a phone call Chmielewski heard on speakerphone that Pruitt “had never paid any rent to him” and that Pruitt’s daughter “had damaged his hardwood floors by repeatedly rolling her luggage across the unit when she was staying there.”

According to the letter, Chmielewski’s employment with the E.P.A. ultimately ended thanks to his refusal to “retroactively approve [a favored staffer’s] first-class return flight from Morocco.” That Chmielewski, contends, caused Pruitt to remove him from his post. But naturally Pruitt did not do the dirty work himself, allegedly relying instead on the head of his security detail, Nino Perrotta, who Chmielewski says threatened him in such a way that he reported it to the local police, E.P.A. officials, and the White House Office of Presidential Personnel. (Speaking of Perrotta, i.e. the guy who deemed it too risky for Pruitt to sit in coach, we highly suggest checking out his self-published memoir, Dual Mission, which includes lines like, “I cannot tell how many women in those days held [my] gun during very passionate late-night moments. It was, in some ways, like a dangerous, forbidden sex toy to some, and I played right along. Although never loaded, I am certain to have broken a rule or two in terms of allowing unauthorized access to and use of a federal firearm.”)

While the lawmakers concluded that the information left them “certain that [Pruitt’s] leadership at E.P.A. has been fraught with numerous and repeated unethical and potentially illegal actions on a wide range of consequential matters,” it’s not clear that Trump will have him removed. On the one hand, the guy is on a roll when it comes to firing people. On the other, Pruitt has done such a stellar job dismantling Obama’s environmental legacy in his short time on the job, and good work is truly hard to find. While Trump has said nothing about the matter on social media, during a speech today ostensibly about tax reform, he told the crowd that that he plans to sign a “presidential memorandum directing the E.P.A to cut” even more regulations on manufacturers.

For their part, Pruitt’s handlers appear to be on the offensive: just hours after the letter detailing the E.P.A. head’s ethically challenged habits was released, word leaked that Chmielewski “never filed required financial disclosure forms during his year in the Trump administration.” That, combined with Pruitt’s stellar work turning the environment into an ashtray, should help him hang on little while longer.

On the other other hand . . .

Bloomberg reports that Andrew Wheeler, a former coal lobbyist, has been confirmed by the Senate to serve as the E.P.A.’s deputy administrator, which means he would lead the agency should Pruitt suddenly be told to clean out his desk. Many Democrats were opposed to the nomination, given Wheeler’s push to roll back regulations while working on behalf of his clients, among them one of America’s largest coal-mining companies. That may not be as impressive as Pruitt’s credentials for leading the agency—suing it 14 times—but it’s something.

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Go on over to Vanity Fair at the link to get the full “Levin Report.”

In an Administration loaded with ethically challenged individuals, starting with the “Big Boss,” Pruitt stands out. Nevertheless, because he is deconstructing the EPA and dismantling critical environmental protections — “turning the environment into an ashtray” —  nobody in today’s GOP dares to agitate for his removal. Could you imagine how apoplectic the GOP would have been if Hillary Clinton or anyone else in the Obama Administration were fingered for doing this type of stuff?

PWS

04-15-18

 

ELIZABETH BRUENIG @ WASHPOST: Trump Lacks The Moral Authority To Lead A “Just War!”

https://www.washingtonpost.com/opinions/under-trump-there-can-be-no-just-war/2018/04/12/5ea5ab72-3dc5-11e8-a7d1-e4efec6389f0_story.html

Bruenig writes:

. . . .

The moral sense is worth emphasizing. Trump’s White House is characterized not only by permanent chaos but also by constantly shifting flickers of vision — will it be right-populism, typical business conservatism, ultrapatriotic nationalism or something else altogether? One waits to find out each day, which doesn’t bode well for a regime contemplating military action. Moreover, Trump’s campaign — and his presidency — both rested on his gleeful indifference to people fleeing violence, be they immigrants from the global south or refugees from the Middle East. In what world could his administration be expected to become a just steward of their interests now? Is it really possible a government that can’t rush to turn back or exile the helpless fast enough has the moral capability to attempt any kind of just war, much less the practical means to carry it out? I doubt it.

And I worry. Careful restraint is harder than impulsive action; doubting one’s own moral capacities harder than ignoring the matter altogether. This means that governments least equipped to execute just action on the international stage may be the most likely to give it a try anyway, no matter its cost in blood and souls.

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Read the rest of Elizabeth’s article at the link.

The Syrian bombing has absolutely nothing to do with saving lives or taking a stand against the use of chemical weapons and everything to do with power and Trump’s ego. Trump sand his supporters have little difficulty turning their backs on desperate and dying Syrian refugees, including children, (who, unlike the children dying from chemical weapons attacks could actually be saved without too much trouble on the so-called “Western Powers” part) every day of the week.

Nor do they have any difficulty with proposing to truncate the already limited rights of refugee children arriving at our borders, sending them back to near certain abuse, death, or perhaps forced recruitment by gangs in the Northern Triangle. In other words, Trump and his GOP cronies Are “Immoral Situational Opportunists” who care nothing whatsoever for human life except in certain “staged” political contexts such as the abortion debate or debates over “death with dignity laws.” And, even then it has absolutely nothing to do with the lives supposedly at stake and everything to do with political capital to be gained by disallowing free will.

A scummy group won’t be made less scummy by going to war, no matter what the purported cause!

PWs

04-14-18

WASHPOST: SEN DIANNE FEINSTEIN (D-CA) HITS A “HOME RUN” WITH OP-ED — NO, RIGHTS OF CHILD ASYLUM SEEKERS ARE NOT “LOOPHOLES” IN OUR IMMIGRATION LAWS! — What’s Happened To Our Common Sense & Humanity?

https://www.washingtonpost.com/opinions/protecting-defenseless-children-is-not-an-immigration-loophole/2018/04/13/11bf9012-3e64-11e8-a7d1-e4efec6389f0_story.html?utm_term=.8c9ed9210908

Sen. Feinstein writes:

Dianne Feinstein, a Democrat, represents California in the U.S. Senate.

I remember watching the nightly television news in the 1990s and seeing a 15-year-old Chinese girl trembling before a U.S. immigration judge. Despite having committed no crime, she was shackled and sobbing. She couldn’t speak English, and it was clear she had no understanding of what the judge was saying or what would happen to her.

Her parents had sent her to the United States in the cargo hold of a container ship because she had been born in violation of China’s rigid family-planning laws — and was therefore denied citizenship, access to health care and education.

By the time the girl appeared before the immigration judge, she had already been detained for eight months. Even more shocking: After she was granted political asylum, she was detained for four more months before she was released.

This situation would not be allowed to occur today because Congress has enacted laws to provide basic humanitarian protections to unaccompanied immigrant children.

The Trump administration recently reignited its attacks on these protections, with the president going so far as to call laws that protect helpless children “loopholes.

The administration says these laws prevent immigrant children from being removed from the country, when in fact the goal is to ensure that these children are detained for as little time as possible and only in an appropriate setting, they receive adequate food and water, and that they are given the opportunity to apply for asylum.

Under these laws, each child has a right to make their case before a trained asylum officer. If the hearing demonstrates the need for protection by admission to the United States, we’re obligated to provide it. And in cases where a child does not qualify for asylum or other forms of relief, they’re returned safely to their home country.

I know the intent of these laws because I authored two of them. They are not loopholes.

It’s important to understand why Congress acted to thus ensure basic human dignity for children.

The story of the Chinese girl I saw on television was not unique — mistreatment of child immigrants was widespread. Another young girl who fled China was detained in a facility that also held minors who had been convicted of murder and rape. Despite never having violated criminal law or been accused of a crime, she was routinely handcuffed and strip-searched.

A young boy who fled Colombia after being targeted for recruitment by Revolutionary Armed Forces of Colombia guerrillas was held in the same detention facility for six months.

Children as young as 4 were held in secure prisons, isolated and forced to wear prison uniforms and shackles. Some were even placed in solitary confinement, even though they weren’t accused of any crime.

These stories, which were detailed by Human Rights Watch, illustrate decades of government mistreatment of children, and they were the genesis of laws Congress passed to guarantee minimum requirements for treating children humanely.

A key first step toward reform came in 1997, after years of litigation over treatment of unaccompanied minors, with a settlement called the Flores agreement. Among its provisions were requirements that the government release detained children to an adult as soon as possible, hold children who can’t be released in appropriate facilities and ensure that all facilities meet humane standard

Three years later, I introduced the Unaccompanied Alien Child Protection Act and was able to get portions of the bill included in the Homeland Security Act of 2002 and the Trafficking Victims Protection Reauthorization Act of 2008.

The two laws, combined with the Flores agreement, are intended to ensure children don’t fall through the cracks of a system that processes thousands of them each year.

They require that children under 18 be placed in the least restrictive setting that is in their best interests. Rather than holding children in detention facilities that also hold adults or criminal juvenile offenders, preference is given to releasing them to family members or appropriate sponsors, such as a family friend.

Such placements ensure that children aren’t held in indefinite detention pending resolution of their cases, which can sometimes take years. They also mean that taxpayers aren’t paying for that detention.

These aren’t loopholes, they are basic principles of common human decency. And to demonize and politicize these children is appalling.

Contrary to the picture painted by this administration, current policies don’t guarantee a child will be able to remain in the United States. Nor do these policies mean dangerous individuals are being released onto our streets.

The Trump administration’s efforts to repeal protections for children are based on an ignorance of history. The only effect of repeal would be more children held in unsafe conditions at exorbitant costs to the taxpayer.

I will oppose any efforts to change these laws, and I call upon my colleagues in Congress to join me in resisting efforts to roll back protections for immigrant children.

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

Of all the depraved xenophobic, White Nationalist, racist ravings of Trump, Sessions, Homan, Neilsen, Kelly, Miller, Goodlatte, Cotton,  and other GOP restrictionists, the war on defenseless children has to be the most totally despicable! Most of these kids are fleeing genuine dangers in their home countries. The real problem is that the US has intentionally, for political reasons, twisted refugee law so as to not recognize their legitimate status as refugees and asylees.

As someone said at an Asylum Conference I recently attended, the BIA must be the only 15 so-called “asylum experts” in the world who don’t recognize that those fleeing gang recruitment in the Northern Triangle fit squarely within the “particular social group” classification for asylum protection.

Even if they weren’t a direct fit, these children qualify for relief under the Convention Against Torture or should be given another type of humanitarian relief such as TPS or Deferred Enforced Departure. Screening them for background and rapidly admitting them into the U.S. in some status would prevent them from becoming part of the current politically created  Immigration Court “backlog,” actually caused primarily by gross mismanagement, intentionally skewed anti-asylum legal interpretations, and political manipulation by this and past Administrations.

Of course the US could absorb them all, and prosper by doing so! Indeed, we’ve absorbed approximately 11 million individuals outside the system who have largely been a boon to our economy and our society. The real problem here is the White Nationalists who deny the reality of human migration and the inevitability of changing demographics, not the migrants themselves.

PWS

04-14-18

 

 

BESS LEVIN @ VANITY FAIR – Ryan Closes Out A Truly Toxic Career Aimed at Widening The Income Gap, Promoting Social Inequality, And Destroying the Safety Net That Most Americans Depend On In One Way Or Another! – “Boy Wonder” From Wisconsin (Who Betrayed His Working Class Home Town & Was Re-elected Only Because Of Massive Gerrymandering) Was One Of America’s Worst Politicos

Here’s the latest “Levin Report” from Vanity Fair:

FORMER NAIJ PRESIDENT JUDGE DANA LEIGH MARKS SPEAKS OUT AGAINST JUDICIAL QUOTAS! — “The measure of a good judge is his or her fairness, not the number of cases he or she can do in a day.” – This Seems Obvious – So Why Is “Gonzo Apocalypto” Sessions Being Allowed to Run Roughshod Over Justice In Our U.S. Immigration Courts?

http://fortune.com/2018/04/09/immigration-judge-quotas-department-of-justice/

Judge Marks writes in Fortune:

Immigration judges are the trial-level judges who make the life-changing decisions of whether or not non-citizens are allowed to remain in the United States. They are facing a virtual mountain of cases: almost 700,000 for about 335 judges in the United States. The work is hard. The law is complicated. The stories people share in court are frequently traumatic and emotions are high because the stakes are so dire. Because these are considered civil cases, people are not provided attorneys and must pay for one, find a volunteer, or represent themselves.

In a move that the Department of Justice claims is intended to reduce this crushing backlog, the DOJ is moving forward with a plan to require judges to meet production quotas and case completion deadlines to be rated as satisfactory in order to keep their jobs. This misguided approach will have the opposite effect.

One cannot measure due process by numbers. The primary job of an immigration judge is to decide each case on its own merits in a fair and impartial way. That is the essence of due process and the oath of office we take. Time metrics simply have no place in that equation. Quality measurements are reasonable, and immigration judge performance should be evaluated, but by judicial standards, which are transparent to the public and expressly prohibit quantitative measures of performance. The imposition of quotas and deadlines forces a judge to choose between providing due process and pushing cases to closure without considering all the necessary evidence.

If quotas and deadlines are applied, judicial time and energy will be diverted to documenting our performance, rather than deciding cases. We become bean-counting employees instead of fair and impartial judges. Our job security will be based on whether or not we meet these unrealistic quotas and our decisions will be subjected to suspicion as to whether any actions we take, such as denying a continuance or excluding a witness, are legally sound or motivated to meet a quota. Under judicial canons of ethics, no judge should hear a case in which he or she has a financial interest. By tying the very livelihood of a judge to how quickly a case is pushed through the system, you have violated the fundamental rule of ensuring an impartial decision maker is presiding over the case.

These measures will undermine the public’s faith in the fairness of our courts, leading to a huge increase in legal challenges that will flood the federal courts. Instead of helping, these doubts will create crippling delays in our already overburdened courts. If history has taught us any lessons, it is that similar attempts to streamline have ultimately resulted in an increase in the backlog of cases.

The unacceptable backlogs at our courts are due to decades of inadequate funding for the courts and politically motivated interference with docket management. The shifting political priorities of various administrations have turned our courts into dog and pony shows for each administration, focusing the court’s scant resources on the cases ‘du jour,’—e.g., children or recent border crossers—instead of cases that were ripe for adjudication.

The solution to the delays that plague our courts is not to scapegoat judges. The solution is two-part: more resources and structural reform. We need even more judges and staff than Congress has provided. Additionally, the immigration courts must be taken out of the Department of Justice, as the mission of an independent and neutral court is incompatible with the role of a law enforcement agency. This latest, misguided decision to impose quotas and performance metrics makes that conclusion clear and highlights the urgent need for structural reform. The measure of a good judge is his or her fairness, not the number of cases he or she can do in a day.

Dana Leigh Marks is president emeritus of the National Association of Immigration Judges and has been a full-time immigration judge in San Francisco since 1987. The views expressed here do not necessarily represent the official position of the United States Department of Justice, the Attorney General, or the Executive Office for Immigration Review. The views represent the author’s personal opinions, which were formed after extensive consultation with the membership of NAIJ.

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For those of you who don’t know her, my friend and colleague Dana is not just “any” U.S. Immigration Judge. In addition to her outstanding service as a Immigration Judge and as the President of the NAIJ, as a young attorney, then known as Dana Marks Keener, she successfully argued for the respondent in the landmark Supreme Court case INS v. Cardoza-Fonseca, 480 U.S. 421 (1987).

That case for the first time established the generous “well-founded fear” standard for asylum seekers over the objections of the U.S. Government which had argued for a higher “more likely than not” standard. Ironically, it is exactly that generous treatment for asylum seekers mandated by the Supreme Court, which has taken more than four decades to come anywhere close to fruition, that Sessions is aiming to unravel with his mean-spirited White Nationalist inspired restrictionist agenda at the DOJ.

Interestingly, I was in Court listening to the oral argument in Cardoza because as the then Acting General Counsel of the “Legacy INS” I had assisted the Solicitor General’s Office in formulating the “losing” arguments in favor of the INS position that day.

Due Process Forever! Jeff Sessions Never! Join the New Due Process Army and stand up against the White Nationalist restrictionist attack on America and our Constitution!

PWS

04-11-18

DIANNE SOLIS @ DALLAS MORNING NEWS DETAILS GONZO’S ALL-OUT ASSAULT ON INDEPENDENCE OF U.S.IMMIGRATION JUDGES AND DUE PROCESS IN OUR IMMIGRATION COURTS –“Due process isn’t making widgets,” Schmidt said. “Compare this to what happens in regular courts. No other court system operates this way. Yet the issues in immigration court are life and death,” he said, referring to asylum cases.”

https://www.dallasnews.com/news/immigration/2018/04/10/immigration-judges-attorneys-worry-sessions-quotas-will-cut-justice-clogged-court-system

Dianne writes:

“A case takes nearly 900 days to make its way through the backlogged immigration courts of Texas. The national average is about 700 days in a system sagging with nearly 700,000 cases.

A new edict from President Donald Trump’s administration orders judges of the immigration courts to speed it up.

Now the pushback begins.

Quotas planned for the nation’s 334 immigration judges will just make the backlog worse by increasing appeals and questions about due process, says Ashley Tabaddor, Los Angeles-based president of the National Association of Immigration Judges.

Quotas of 700 cases a year, first reported by The Wall Street Journal, were laid out in a performance plan memo by U.S. Attorney General Jeff Sessions. They go into effect October 1.

Some have even called the slowdown from the backlog “de facto amnesty.”

“We believe it is absolutely inconsistent to apply quotas and deadlines on judges who are supposed to exercise independent decision-making authority,” Tabaddor said.

“The parties that appear before the courts will be wondering if the judge is issuing the decision because she is trying to meet a deadline or quota or is she really applying her impartial adjudicative powers,” she added.

. . . .

Faster decision-making could cut the backlog, but it also has many worried about fairness.

The pressure for speed means immigrants would have to move quickly to find an attorney. Without an attorney, the likelihood of deportation increases. Nationally, about 58 percent of immigrants are represented by attorneys, according to Syracuse’s research center. But in Texas, only about a third of the immigrants have legal representation.

Paul Schmidt, a retired immigration judge who served as chairman of the Board of Immigration Appeals for immigration courts for six years, says he saw decisions rendered quickly and without proper legal analysis, leaving it necessary for many cases to be sent back to the immigration court for what he called “a redo.”

“Due process isn’t making widgets,” Schmidt said. “Compare this to what happens in regular courts. No other court system operates this way. Yet the issues in immigration court are life and death,” he said, referring to asylum cases.

Schmidt said there are good judges who take time with cases, which is often needed in asylum pleas from immigrants from countries at war or known for persecution of certain groups.

But he also said there were “some not-very-good judges” with high productivity.

Ramping up the production line, Schmidt said, will waste time.

“You will end up with more do-overs. Some people are going to be railroaded out of the country without fairness and due process,” Schmidt said.

. . . .

“It doesn’t make any sense to squeeze them,” said Huyen Pham, a professor at Texas A&M University School of Law in Fort Worth. “When you see a lot more enforcement, it means the immigration court will see a lot more people coming through.”

Lawyers and law school professors say the faster pace of deportation proceedings by the U.S. Immigration and Customs Enforcement spells more trouble ahead. Immigration courts don’t have electronic filing processes for most of the system. Many judges must share the same clerk.

For decades, the nation’s immigration courts have served as a lynchpin in a complex system now under intense scrutiny. Immigration has become a signature issue for the Trump administration.

Five years ago, the backlog was about 344,000 cases — about half today’s amount. It grew, in part, with a rise in Central Americans coming across the border in the past few years. Most were given the opportunity to argue before an immigration judge about why they should stay in the U.S.

This isn’t the first time the judges have faced an administration that wants them to change priorities. President Barack Obama ordered that the cases of Central American unaccompanied children to be moved to the top of docket.

“Our dockets have been used as a political tool regardless of which administration is in power and this constant docket reshuffling, constant reprioritization of cases has only increased the backlog,” Tabaddor said.

The quota edict was followed by a memo to federal prosecutors in the criminal courts with jurisdiction over border areas to issue more misdemeanor charges against immigrants entering the country unlawfully. Sessions’ memo instructs prosecutors “to the extent practicable” to issue the misdemeanor charges for improper entry. On Wednesday, Sessions is scheduled to be in Las Cruces, New Mexico, to speak on immigration enforcement at a border sheriffs’ meeting.

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

Judge Ashley Tabaddor, President of the National Association of Immigration Judges (“NAIJ” — for the record, I’m a retired member of the NAIJ) hits the nail on the head. This is about denying immigrants their statutory and Constitutional rights while the Administration engages in “Aimless Docket Reshuffling” (“ADR”) an egregious political abuse that I have been railing against ever since I retired in 2016.

Judge Tabaddor’s words are worth repeating:

“Our dockets have been used as a political tool regardless of which administration is in power and this constant docket reshuffling, constant reprioritization of cases has only increased the backlog,” Tabaddor said.

In plain terms this is fraud, waste, and abuse that Sessions and the DOJ are attempting to “cover up” by dishonestly attempting to “shift the blame” to immigrants, attorneys, and Immigration Judges who in fact are the victims of Session’s unethical behavior. If judges “pedaling faster” were the solution to the backlog (which it isn’t) that would mean that the current backlog was caused by Immigration Judges not working very hard, combined with attorneys and immigrants manipulating the system. Sessions has made various versions of this totally bogus claim to cover up his own “malicious incompetence.”

Indeed, by stripping Immigration Judges of authority effectively to manage their dockets; encouraging mindless enforcement by DHS; terminating DACA without any real basis; insulting and making life more difficult for attorneys trying to do their jobs of representing respondents; attacking legal assistance programs for unrepresented migrants; opening more “kangaroo courts” in locations where immigrants are abused in detention to get them to abandon their claims for relief; threatening established forms of protection (which in fact could be used to grant more cases at the Asylum Office and by stipulation — a much more sane and legal way of reducing dockets); canceling “ready to hear” cases that then are then “orbited” to the end of the docket to send Immigration Judges to detention courts where the judges sometimes did not have enough to do and the cases often weren’t ready for fair hearings; denying Immigration Judges the out of court time necessary to properly prepare cases and write decisions; and failing to emphasize the importance of quality and due process in appellate decision-making at the BIA, Sessions is contributing to and accelerating the breakdown of justice and due process in the U.S. Immigration Courts.

PWS

04-11-18

 

 

DON’T BELIEVE ANY OF THE “CROCODILE TEARS” BEING SHED BY TRUMP & HIS ADMINISTRATION ABOUT THE LATEST ASSAD ATROCITY IN SYRIA – THE ADMINISTRATION’S INHUMANE POLICIES HELP KILL SYRIAN REFUGEES IN AND OUT OF CAMPS ON A REGULAR BASIS – Bombs & Bluster Will Never Replace Humanitarian Assistance & Robust Refugee Resettlement

https://www.motherjones.com/politics/2018/01/there-are-more-than-5-million-syrian-refugees-the-trump-administration-has-admitted-2-of-them/

There Are More Than 5 Million Syrian Refugees. The Trump Administration Has Admitted 2 of Them.

State Department data shows that many nations’ refugees are still effectively banned.

Women from Syria walk with their children in a refugee camp in Cyprus in September.Petros Karadjias/AP

The United Nations estimates that there are 5.5 million Syrian refugees. In the past three months, the United States has allowed two of them to enter the country—down from about 3,600 in the last three months of the Obama administration.

After kicking off his presidency by temporarily banning refugees, Donald Trump lifted the ban in late October. But at the same time, he increased scrutiny of refugees from 11 countries, requiring that they be admitted only if doing so fulfills “critical foreign policy interests.” Refugee advocates said that the language would effectively ban refugees from a group of mostly Muslim-majority nations. Data from the State Department’s Refugee Processing Center reviewed by Mother Jones confirms their prediction.

The United States has taken in 44 refugees from the targeted countries since Trump issued his executive order, compared to about 12,000 during the same period last year. The countries are Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen.

The heightened vetting of people from those countries has driven down the total number of Muslim refugees coming to the United States. About 550 Muslim refugees have been admitted to the United States since the executive order. More than 11,000 arrived during the same period last year. The share of admitted refugees who are Muslim has dropped from 48 percent at the end of the Obama administration to 11 percent in recent months.

Under Trump’s October executive order, the Department of Homeland Security (DHS) would conduct a 90-day “in-depth threat assessment of each [targeted] country.” During that period, DHS said in a memo to Trump, it would only take refugees from the 11 countries “whose admission is deemed to be in the national interest and poses no threat to the security or welfare of the United States.”

The 90-day mark passed last week. But Sean Piazza, a spokesman for the International Rescue Committee (IRC), a refugee resettlement agency, says the organization has not received any updates about the status of the temporary review now that the 90-day period has passed. It is unclear if it is still in effect, and DHS did not respond to a request for comment. DHS’ October memo stated that refugee admissions from the targeted countries are likely to “occur at a slower pace” beyond the 90-day deadline.

The Trump administration has tried to undermine support for accepting refugees by casting them as an economic burden. In September, the New York Times reported that White House officials had killed a draft report from the Department of Health and Human Services that found that refugees have increased government revenue by $63 billion over the past decade. The report that was ultimately published had a different calculus, documenting how much it costs to provide services to refugees but not how much they pay in taxes.

Overall, the United States in on track to resettle about 21,000 refugees this year, according to the IRC. That would be fewer than in any year since at least 1980—including 2002, when refugee admissions plummeted in the wake of 9/11. It is also less than half of the annual 45,000-refugee cap that the Trump administration set in September, which was the lowest cap ever. Historically, the United States has been considered a world leader in resettling refugees.

Before Trump assumed the presidency, it already took up to two years for refugees to be vetted and resettled, not including the time people spent fleeing their country for refugee camps. Henrike Dessaules, the communications director at the International Refugee Assistance Project, says the group has had clients who “were ready to travel, that had their medical checks, security checks, and interviews done.” Instead, “they have been completely stalled in the process,” she says.*

In 2016, the Obama administration placed its refugee limit at 85,000 people and used all but five of those slots. This year’s drop comes even though there were about 22.5 million refugees across the world in 2016, more than at any time since the United Nations’ refugee agency was founded in 1950.

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https://www.cnn.com/2018/02/06/middleeast/syria-refugees-lebanon-winter-intl/index.html

Syrian refugees escape the war, but die from the cold

Refugees freeze to death in Lebanon 02:48

Editor’s Note: This story contains extremely graphic images of dead and wounded people.

Bekaa Valley, Lebanon (CNN) — The rocky, plowed hillside is scattered with clues of what happened that January night. A woman’s scarf. A diaper. Empty cans of tuna fish. A plastic bag of sugar. An empty box of Turkish chocolate biscuits. A single cheap Syrian-made woman’s shoe. Several white, mud-spattered rubber gloves.
It was here, last month, that 17 Syrians froze to death in a night-time snowstorm while trying to cross the mountains into Lebanon.
Three-year-old Sarah is one of the few who survived. She now lies in a bed in the Bekaa Hospital in nearby Zahleh, two intravenous tubes taped to her small right arm. Frostbite left a large dark scab on her forehead. A thick bandage covers her right cheek. Another bandage is wound around her head to cover her frostbitten right ear.
Sarah doesn’t speak. She doesn’t make a sound. Her brown eyes dart around the room — curious, perhaps confused. Her father, Mishaan al Abed, sits by her bed, trying to distract her with his cell phone.

Sarah, 3, suffers from frostbite after smugglers abandoned her and her family as they were crossing into Lebanon.

No one has told Sarah that her mother Manal, her five-year-old sister Hiba, her grandmother, her aunt and two cousins died on the mountain.
“Sometimes she says, ‘I want to eat.’ That’s all,” Abed says. Sarah hasn’t mentioned anything about her ordeal, and he is hesitant to ask her.

An unfortunate reunion

Until now, Sarah hadn’t seen her father for two and a half years. He left Syria for Lebanon and found work as a house painter, leaving his family behind.
Mishaan al Abed sent money back to his wife and kids, who stayed outside the town of Abu Kamal, on the Syrian-Iraqi border.
ISIS controlled Abu Kamal from the summer of 2014 until last November, when it was retaken by Syrian government forces. Fighting still rages in the countryside around it, where Al Abed’s family lived.
After their house was damaged, Abed’s brother and his family, along with Abed’s wife and two children, fled to Damascus. There they paid $4,000 — a fortune for a poor family — to a Syrian lawyer who they were told had the right connections with the army, intelligence and smugglers.
The plan was for them to be driven to the border in private cars on military-only roads. From there, says Abed, they were to walk with the smugglers for half an hour into Lebanon, where they would be met by other cars.
The plan started to fall apart when snow began to fall. The smugglers abandoned the group. The family lost their way and became separated. In the dark and the cold, most of them died. It’s not clear how Sarah and a few others survived.
The only thing that is clear, says hospital director Dr. Antoine Cortas, is that “it is a miracle Sarah is still alive.”
Hidden by the darkness and the snow was a house just a few hundred steps down the mountain.

In January, a group of Syrians froze to death trying to cross into Lebanon during a snowstorm.

Abed was expecting his family to cross over, but became concerned when he didn’t hear from them. “I was told the army had arrested people trying to cross into Lebanon. I thought it must be them. Then the intelligence services sent me a picture. I identified her as my wife.”
He opens the picture on his cell phone. It shows a lifeless woman curled up on the snow amidst thorn bushes, a red woolen cap on her head.

A struggle to cross over, a struggle to remain

More than a million Syrians have taken refuge in Lebanon, straining the resources of a country with a population of around six million. The Lebanese authorities have, to some extent, turned a blind eye to those entering the country illegally. But they have refused to allow relief groups to establish proper refugee camps, unlike Jordan and Turkey, for fear they will become permanent.
What pass for camps — officially called “informal tented settlements” — are ramshackle affairs. Syrians typically pay $100 to a landowner to build drafty, uninsulated breezeblock shelters with flimsy plastic tarpaulins as roofs.
Abu Farhan, a man in his sixties from Hama, in central Syria, lives in one of those shelters in a muddy camp outside the town of Rait, just a few kilometers from the Syrian border. His wife Fatima is ill. She is huddled next to a kerosene stove under a pile of blankets. Between coughing fits, she moans loudly. Farhan has had to borrow more than two million Lebanese pounds — around $1,300 — for her medical treatment.

Denied proper refugee camps, many Syrian refugees live in informal tented settlements.

Illness is just one of the perils here. Vermin, he says, is another. “There’s everything here,” he chuckles bitterly, “even things I’ve never seen before. Rats. Mice. Everything!”
The dilemma that Syrians in Lebanon face is glaringly clear. They’re not welcome here, and it’s difficult to scrape by. According to a recent report by the Norwegian Refugee Council, 71% of Syrian refugees in Lebanon live in poverty.

Point of no return

Some Syrians have returned home, but many, like Abu Musa, a man in his forties who lives in the same settlement as Farhan, insist that returning would be nothing short of suicidal. He comes from Maarat al-Numan, in Idlib province, where Syrian forces, backed by Russian warplanes, are waging an offensive against government opponents.
“Of course, I’d like to go back to Syria!” Musa exclaims, gesturing around his damp, cold hut as if that were reason enough to return home. “But Syria isn’t safe. They’re fighting in my town. My house has been destroyed.”
And thus, Syrians continue to try to make their way to Lebanon, despite the very real risks.

Over 70% of Lebanon's 1 million Syrian refugees live in poverty

“The people who are walking across the mountains, and taking days to cross the mountains in the middle of winter, are a testament to the fact that Syria is not safe,” said Mike Bruce of the Norwegian Refugee Council.
“Until Syria is safe, until there is a lasting peace, people should not be going back to Syria.”

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With the election of the staunchly anti-American, White Nationalist, xenophobic, religiously bigoted Trump Administration, the United States forfeited any claim to moral leadership and humanitarianism on the world stage. Our anti-refugee policies also harm our allies in the region by forcing them to bear the entire responsibility for sheltering refugees.

Only the electoral removal of this truly un-American Administration and its GOP fellow travelers from power will allow us to begin the healing process. Selfishness and inhumanity are not policies — they are diseases that will consume us all if we don’t exercise our Constitutional and political rights by voting to remove the toxic leaders spreading them!

PWS

04-10-18